Full Text
June 6, 2002 CITY oF Moscow Northwest Architectural Company 1203 West Riverside Spokane WA 99207-1107 REFERENCE: Modification of Agreement for Professional Services for Architectural and Engineering Design and Construction Monitoring of City of Moscow Multipurpose Indoor Recreation Center (MIRC). Gentleman: The purpose of this correspondence is to document a modification agreed to between the City of Moscow and Northwest Architectural Company on the above referred, and previously signed, Agreement for Professional Services. Pursuant to Section 3, Paragraphs B and M, the parties agree to eliminate the following terms from the original agreement: Section 1 - Scope of work Page 3 Construction Contract Administration Phase (24%) Eliminate the following terms: • PROJECT representation • Documents • Scheduling • Cost Accounting It is further agreed that representatives of both parties shall initial portions deleted from the original signed agreements. It is acknowledged by both parties that the reason these terms have been deleted is because of a clerical error that led to their inclusion in the final document rather than any attempt to revise the intent of the agreement. Agreed on this dayof -J(/i'JF Randal F. Rice Director of Parks & Recreation Principal Architect Northwest Architectural Company MyFiles/MIRC/NAC Mod of Agree June 02.ca PO. Box9203 Moscow, Idaho 83843-1703 Moscow Parks and Recreation Department Phone 208$883-7085 Fax [PHONE REDACTED] 2002-30 ---PAGE BREAK--- AGREEMENT FOR PROFESSIONAL SERVICES FOR ARCffiTECTURAL AND ENGINEERING DESIGN AND CONSTRUCTION MONITORING OF CITY OF MOSCOW MULTIPURPOSE INDOOR RECREATION CENTER (MIRC) TillS AGREEMENT, made and entered into this day of /1ct" 2002, by and between the CITY OF MOSCOW, a municipal coq)oration of the State o dabo (hereinafter referred as "OWNER"), and Northwest Architectural Company, P (hereina er referred to as "ARCIDTECT/ENGINEER"). WI T N E S S E TH: WHEREAS, OWNER intends to construct a multipurpose indoor recreation center (hereinafter referred to as "THE PROJECT"), and WHEREAS, ARCIDTECT/ENGINEER agrees to perform the various professional services required for the design of THE PROJECT and construction monitoring of THE PROJECT; and WHEREAS, THE PROJECT shall consist of the following: A multipurpose indoor recreation center which is anticipated to generally include the following elements: An approximately Twenty One Thousand Square Foot (21,000) building which would encompass gymnasium spaee, multipurpose activity room, concession spaee and equipment, kitchenette spaee and equipment, equipment storage, locker rooms, restrooms, and office space. fu addition, future expansion options for more gymnasium space, more office spaee, bleachers, and multipurpose spaee shall be considered. THE PROJECT site is the City property east of the Hamilton Lowe Aquatic Center excluding the area surrounding the existing residence and the easternmost one hundred feet (100') of the property. Site development includes aecess roads, parking, landacape, paving and improvements to Street. Off-site utilities are not included. The anticipated construction cost of THE PROJECT is Two Million Six Hundred Four Thousand, One Hundred Twelve Dollars ($2,604,112), not including the cost of the Street improvements. NOW, THEREFORE, it is agreed, for and in consideration of the mutual covenants and promises between the parties hereto, as follows: SECTION I: ARCIDTECT/ENGINEER shall furnish the following architectural services and design engineering services for THE PROJECT: Scope of Work Traditional Architectural Services and Design Engineering Services Include the Following: AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page I of!O ---PAGE BREAK--- Schematic Design Services (fourteen percent PROJECT Administration Disciplines Coordination Document Checking Consulting Permitting Authority Data Coordination with User/OWNER Architectural Design Structural Design Plumbing Design Ventilation Design Heating Design Air Conditioning Design Electrical Design Civil Design Specifications Materials Research Scheduling Cost Estimating Presentations Landscape Architecture Design Preparation of Site Base Map Design Development Services (twenty one percent (21 PROJECT Administration Disciplines Coordination Document Checking Permitting Authority Consulting OWNER/User Data Coordination Architectural Design Structural Design Electrical Design Site Design Specifications Scheduling Cost Estimating Presentations Civil Design Landscape Architecture Design Plumbing Design Ventilation Design Heating Design Air Conditioning Design Materials Research Construction Document Services (thirty eight percent PROJECT Administration Disciplines Coordination Document Checking AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page 2 of 10 ---PAGE BREAK--- Permitting Authority Consulting OWNER/User Data Coordination Architectural Design Structural Design Plumbing Design Ventilation Design Heating Design Air Conditioning Design Electrical Design Site Design Specifications Cost Estimating Scheduling Civil Design Landscape Architecture Design Bidding Phase (two percent PROJECT Administration Disciplines Coordination Bidding Materials Addenda Preparation and Distribution Bidding Document Distribution Analysis of Substitutions Bid Evaluation Contract Agreements Assistance Construction Contract Administration Phase (twenty four percent PROJECT Administration Disciplines Coordination Document Checking Permitting Authority Consulting Construction Administration Construction Field Observation Ireptesentrtimr _p BeewalCilts- Scbeduling- Cost !teeoautitg:w Preparation of Clarification I Change Documents Construction Schedule Monitoring Payment Application Evaluation PROJECT Closeout (one percent (1 Receipt, Review and Transmittal of Closeout Documents Records Documents (as-builts) Operations and Maintenance Manuals Punchlist Inspection Issuance of Completion Certificates Warranty Period Assistance AGREEMENT FOR PROFESSIONAL SERVICES - MJRC Page 3 of!O ---PAGE BREAK--- A. Independent Contractor SECTION II: The contracting parties warrant by their signature that no employer/employee relationship is established between ARCHITECT/ENGINEER and OWNER by the terms of this Agreement. It is understood by the parties hereto that ARCHITECT/ENGINEER is an independent contractor and as such neither it nor its employees, if any, are employees of OWNER for purposes of tax, retirement system, social security (FICA) withholding. B. Fees and Conditions for Consulting Services Basic Fee: Schematic Design Services (fourteen percent Design Development Services (twenty one percent (21 Construction Document Services (thirty eight percent Bidding Phase (two percent Construction Contract Administration Phase (twenty four percent PROJECT Closeout (one percent 2,504.00 Total Basic Fee: $ 35,054.00 52,581.00 95,148.00 5,008.00 60,093.00 $250.388.00 Reimbursable expenses: These costs are billed to the OWNER in addition to the basic fees at a rate of one point one (1.10) times the aetual cost incurred. The total of these costs are not to exceed Twelve Thousand Dollars ($12,000). Estimate of Reimbursable Costs: Review Set Printing at Each Phase Bidding Document Printing Travel (twenty (20) trips) Distribution Miscellaneous Total Estimate of Reimbursable Costs TOTAL- Fees and Reimbursable Costs C. Other Considerations Regarding Fees and Costs $ 2,000.00 8,000.00 1,100.00 400.00 500.00 $ 12.000.00 $262 388 00 ARCHITECT/ENGINEER shall be paid upon OWNER'S receipt of a bill for services rendered. Such bill shall reflect a percentage of completion of each Phase as set out in SECTION I of this Agreement. AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page4 of!O ---PAGE BREAK--- A. Tennination of Agreement SECTION Ill: This Agreement may be tenninated by ARCHITECT/ENGINEER upon thirty (30) days' written notice, should OWNER fail to substantially perfonn in accordance with its tenns through no fault of ARCHITECT/ENGINEER. OWNER may terrrinate this Agreement upon thirty (30) days' written notice without cause and without further liability to ARCHITECT/ENGINEER except as designated by this section. In the event of tennination, ARCHITECT/ENGINEER shall be paid for services perfonned to tennination date, including direct expense and including a percentage of the fixed fee based upon the work completed. All working drawings shall become the property of, and shall be surrendered to, OWNER. B. Extent of Agreement This Agreement may be amended only by written instrument signed by both parties hereto. C. Data of Record OWNER shall make available to ARCHITECT/ENGINEER all technical data of record in OWNER'S possession, including maps, surveys, borings, and other ioformation required by ARCHITECT/ENGINEER relating to this work. D. Qualified Estimates of Cost The estimates of cost for 1HE PROJECT herein are to be prepared by ARCHITECT/ENGINEER through exercise of its experience and judgment in applying presently available cost data; but it is recognized that ARCHITECT/ENGINEER has no control over cost of labor and materials, or other competitive bidding procedures and market conditions so that they cannot warrant 1HE PROJECT construction costs will not vary from their cost estimates as a result of these described factors. Nothing in this paragraph shall serve to release ARCHITECT/ENGINEER from exercising the skill, care, and professioual judgment exercised by similarly situated professioual engineers. E. Tennination of1HE PROJECT If any portion of 1HE PROJECT covered by this Agreement shall be suspended, abated, abandoned, or tenninated, OWNER shall pay ARCHITECT/ENGINEER for the services rendered to the date of such suspended, abated, abandoned, or tenninated 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 two parties as to the percentage of the work completed. F. OWNER'S Responsibility for Special Costs and Rights-of-Way OWNER shall pay for all costs for obtaining licenses and permits that may be required by local, state, and federal authorities; and shall be responsible for securing necessary land, easements, and rights-of-way where applicable. AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page 5 of!O ---PAGE BREAK--- G. ARCHITECT/ENGINEER'S Errors and Omissions Insurance In performance of professional services, ARCHITECT/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 ARCHITECTIENGINEE!rS services. Should ARCHITECT/ENGINEER or any of ARCHITECT/ENGINEE!rS agents or employees be found to have been negligent in the performance of professional services from which OWNER sustains damage, ARCHITECT/ENGINEER has obtained errors and omissions insurance in the amount ofFive Hundred Thousand Dollars ($500,000), and said insurance shall be beld active for a one year (minimum) period from the date of completion of THE PROJECT. OWNER shall receive notice of any pending termination of said insurance. H. ARCHITECT/ENGINEER'S Additional Insurance ARCHITECT/ENGINEER shall maintain 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 ARCHITECT/ENGINEER shall cause OWNER to be named as an additional insured under said policy. I. lndenmification ARCHITECT/ENGINEER waives any and all claims and recourse against OWNER, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to ARCHITECT/ENGINEER'S performance of this Agreement, except for liability arising out of the sole negligence of OWNER or its officers, agents, or employees. Further, ARCHITECT/ENGINEER shall indenmify, hold harmless, and defend OWNER against any and all claims, demands, damages, costs, expenses, or liability arising out of ARCHITECT/ENGINEER'S performance of this Agreement, except for liability arising out of the sole negligence of OWNER or its officers, agents, or employees. If OWNER is determined to be solely negligent by a final decision in a court of law and such sole negligence by OWNER directly results in judgment(s), costs, and/or expenses to ARCHITECT/ENGINEER, then OWNER shall reimburse ARCHITECT/ENGINEER for the portion of such costs and/or expenses attributed to OWNER as a result of such determination of OWNER's sole negligence. J. Costs and Attorney 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 tbe same are incurred with or without suit. K. Jurisdiction and Venue It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idabo. In the event of litigation concerning it, it is agreed that proper venue shall be the AGREEMENT FOR PROFESSIONAL SERVICES- MIRC Page 6 oflO ---PAGE BREAK--- District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. L. Binding of Successors OWNER and ARCHITECT/ENGINEER each bind themselves, their partners, successors, assigns, and legal representatives to the other parties to this Agreement and to the partners, successors, assigns, and legal representatives of such other parties with respect to all covenants of this Agreement. M. Modification and Assignability of Agreement This Agreement contains 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. However, nothing in this Agreement shall prohibit OWNER, at its sole discretion, from negotiating an extended or new Professional Services Contract with ARCHITECT/ENGINEER for an associated or phased portion of the PROJECT. N. ARCHITECT/ENGINEER may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of OWNER Any such consultant, subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. Consultants and/or subcontractors on TilE PROJECT known at this time are as follows: Consultants: Structural Plumbing Ventilation Heating Air Conditioning Electrical Civil and Landscape 0. OWNER'S Representatives LSB Consulting Engineers L&S Engineering L&S Engineering L&S Engineering L&S Engineering NAC Engineeting Hodge & Associates OWNER shall designate a representative authorized to act in behalf of OWNER. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays. P. Conflict of Interest ARCHITECT/ENGINEER covenants that it presently has no interest and will not acquire any interest, direct or indirect, in TilE PROJECT which would conflict in any manner or degree with the performance of its services hereunder. ARCHITECT/ENGINEER fiuther covenants that, in performing this Agreement, it will employ no person who has any such interest. AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page 7 oflO ---PAGE BREAK--- Q. Services requiring Supplemental Authorization The services outlined hereinafter shall only be provided by ARCIDTECTIENGINEER when requested and authorized in writing by OWNER. Such authorization shall also state the negotiated amount and method of compensation by OWNER. When authorized to proceed, ARCIDTECTIENGINEER will: 1. Re-design any or all of the facilities or re-design any component previously approved by OWNER. 2. Assist OWNER in resolving disputes over claims, bankruptcy, court proceedings or defuult of the contractor. 3. Assist OWNER as a result of fire, flood, acts of God, and similar causes through no fault of ARCIDTECTIENGINEER. 4. Assist or extend services as a result of strikes, walkouts, and other labor disputes; and including acts relating to settlement of minority group problems. 5. Provide all other specialty consulting or other miscellaneous services not enumerated in this Agreement and as may be required by OWNER. 6. Work with archaeologists as may be required to avoid problems associated with archaeological findings within 1HE PROJECT area. 7. Meet with representatives of the various agencies involved in 1HE PROJECT in excess of meetings stipulated elsewhere in this Agreement when requested to do so by OWNER. 8. Assist OWNER in the acquisition of rights-of-way and easements for 1HE PROJECT, aod including property surveys and descriptions for design surveying work. 9. Prepare documents for and appear before courts and boards on matters of litigation related to 1HE PROJECT. 10. Provide additional services as may be required in the event of delinquency or insolvency of the contractor, suspension of work, damage to the construction site by fire, flood or other natural disaster. Provide assistance as may be required in the event of strikes, walkouts, or other acts of trade or labor unions. R. Changes in Regulations ARCIDTECTIENGINEER is to perform its work under the current federal, state, and local laws aod regulations in full force and effect at the date of this Agreement. In the event that ARCIDTECTIENGINEER is requested or, directed to perform work, or amend work previously accomplished, due to unforeseen or unanticipated changes or additions to current laws or regulations, such work shall be deemed a change in scope of the work and shall be cause to amend Section Ill 2. of this Agreement in respect to maximum cost by mutually agreeable amounts commensurate with the change in conditions. AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page 8 of!O ---PAGE BREAK--- S. Special Provisions I. Ownership and Publication of Materials. All reports, information, data, and other materials prepared by ARCIDTECTIENG!NEER pursuant to this Agreement shall be the property of OWNER, which shall be the exclusive and umestricted authority to release, publish, or otherwise use them, in whole or in part. All such materials developed under this Agreement shall not be subject to copyright or patent in the United States or in any other country without the prior written approval and express authorization of OWNER. 2. OWNER agrees to hold harmless ARCIDTECTIENG!NEER for any use of materials developed under this Agreement beyond the uses normally intended by the parties for THE PROJECT. 3. OWNER agrees to make a reasonable effort to notify ARCIDTECTIENG!NEER of OWNER'S intent, if any, to use or adapt materials developed for THE PROJECT following completion of THE PROJECT. 4. Non-Discrimination. ARCIDTECTIENGINEER shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, age, marital status, physical or mental handicap, or national origin. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated above. ARCIDTECTIENG!NEER NORTHWEST ARCHITECTURAL COMPANY, P.S. ) ss COUNTY OF Seo\ ) OWNER CITY OF MOSCOW, IDAHO On this (D İday of , ) 'AN\..14. 2002, before me, the undersigned, a Notary in and for said State, personally appeared t; • A , known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he/she AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page 9 oflO ---PAGE BREAK--- executed the same in his/her capacity as ' - authorized representative of Northwest Arc..,h...,it-:-ectu.L!"'rai+Com!;='-\p;:an"""y,, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. Agreements\ProfessionalServices-:MIRC(f)\pm Notary Public for the State of t,}4 S ļ at o ' l My commission expires: 1 i 1 I I ' AGREEMENT FOR PROFESSIONAL SERVICES - MIRC Page 10 of!O ---PAGE BREAK--- April 11, 2003 Randal F. Rice, Special Projects Manager City of Moscow c/o Police Department 122 East Fourth P. 0. Box 9203 Moscow, ID 83843 RE: Hamilton Indoor Recreation Center, 1-02042 - 1 Aa Scope of Work Increase Dear Randy: As discussed, the fee for professional services per the original agreement was based on an anticipated construction cost or budget amount. That budget amount noted in the original agreement was $2,604, 112.00. As the Construction Documents were finalized for the project, the budget was increased to $2,692,375.00. The revised budget results in an increase to the scope of our work with a corresponding affect to our fee as follows: Revised Budget: Original Budget: Difference Original Fee%: Fee Increase: $ 2,692,375.00 - 2 604 112.00 88,263.00 X 8.15% $ 7,193.00 Although it is often difficult to pinpoint, an increase in budget results in additional work for us in terms of additional design, coordination, detailing, estimating, etc. Some specific examples which can be identified include the additional F Street improvement work, the tum-around at Vandal Drive, and the addition of the data cabling system design. This letter, then, is a request for an increase to our Basic Fee of $7,193.00. If the City is in agreement, please sign this letter and return a copy for our records. Please let me know if you have questions or need additional explanation. Agreed to by the Architect Agreed to by the Owner Principal, Northwest Architectural Company Date 111· Os diN:\ 1..02042\l \A \I AaĻRice·Increase..0304ll.doc City of Moscow Date Druce E Giockmer. Cde S Brooi-.•e, AiL, Ke.th rV ComeN. C::h; R .!ores. _t,L4 fred Kmg. Steveo J Mchh,H. ;\if, R G NeLson. /\lA. Cv-=r'l'.an, A'f>. 'N. Mark J G,!forcl. A.IA Thoma> E Golden. Dono L Harb%gh_ !T!A Sre:-11 G tiord,ng Dovglo" G Heya!>:oto !\if, fv\oicd"'• R JoiLc,, ,\Lh. /Y\;chaE:ol R. UNuiiey_ t'i!o \V!Lon 'N Rash, AiA Cfkesm Spokone Sewrie ani Gee,Ĺ d/.Jene i203 We:J R.v21 s;cJe SpDkone 99201 1107 'H 5(!9"838-3240 FAX .509-833"8261 WV/W '1WOWhCO (0i'1