HomeMy WebLinkAboutRes1991-038
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sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-038
OF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SEWARD, ALASKA, AWARDING A PROFESSIONAL SERVICES
CONTRACT TO REPAIR RUSTING WINDOWS AT THE
SPRING CREEK CORRECTIONAL CENTER
WHEREAS, the Alaska Department of Transportation and Public
Facilities is the project manager for the construction of the
spring Creek Correctional Center facilities; and
repair of
paying the
WHEREAS, a claim against Samwhan, Inc., for
improperly installed windows was resolved by Samwhan
state $190,000: and
WHEREAS, the state of Alaska has transferred the $190,000 to
the city of Seward by amending the existing Transfer of Responsi-
bilities Agreement, and the city has accepted the additional
funding with approval of Resolution No. 91-034: and
WHEREAS, DOT/PF, acting as the city's project manager,
requested a proposal from McCool-Carlson-Green Architects to
provide professional services necessary for the repair of the
windows: and
WHEREAS, DOT/PF has determined that McCool-Carlson-Green
Architects is qualified to perform this work: and
WHEREAS, the Seward City Code exempts the purchase of
professional services from competitive bidding procedures:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The city Manager is hereby authorized to execute
a professional services contract with McCool-Carlson-Green
Architects in an amount not to exceed $15,000, to provide profes-
sional services for the repair of rusting windows at the spring
Creek Correctional Center.
section 2. A copy of the contract is attached and incorporat-
ed herein by reference.
Section 3. This resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 22nd day of April, 1991.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-038
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
~r L .tL{~
David L. Hilton, Mayor
Burgess, Dunham, Kransnansky, Meehan, Sieminski, Simutis
None and Hilton
None
None
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
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(City Seal)
7~N~
Fred B. Arvidson
City Attorney
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MCCOOL,CARLSON,GREEN
PROFESSIONAL SERVICES AGREEMENT
WINDOWS
This Agreement, made and entered into this IS~ day of ~ ' I9~_,
by and between the the City OF SEWARD, incorporated under the laws of the State of Alaska,
hereinafter referred to as the " City" and McCool. Carlson. Green
a privately-owned company with offices located at 901 W. 29th Avenuf
AnrhnrAgp r Ak hereinafter referred to as the "Contractor".
WITNESSETH
WHEREAS, the City entered into a Transfer of Responsibilities Agreement (TORA) with the
Department of Transportation and Public Facilities for construction of a prison industries
addition to the Spring Creek Correctional Center on August 17, 1989; and
WHEREAS, the state has increased the scope of work under the TORA to include repair of
window frames;
WHEREAS, the architural firm of McCool-Cadson-Green has submitted to DOT/PF, the City's
Project Manager, a proposal to desing the window repair work, and
WHEREAS, DOT/PF has recommended that the firm of McCool-Cadson-Green be awarded a
contract for this work,
NOW, THEREFORE, in consideration of the mutual promises and covenants containe herein,
the parties agree as follows:
1.0 DEFINITIONS
1.1 "Agreement" shall mean this Professional Services Agreement.
1.2 "City", "the client", and "Owner" shall all mean the the City of Seward, Alaska.
1.3 "Contracting Officer" shall mean the the City of Seward!s Manager of
Engineering and Utilities and include any successor or authorized
representative.
1.4 "Project Manager" shall mean the person designated by the Contracting Officer
to receive notices from the City and to be the principal representative of the
Contracting Officer in dealing with the City.
1.5 "Project" shall mean development of architectural, drawings and specifications as
described herein,
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2.0 TERM OF AGREE~ENT
This agreement shall take effect upon execution. Work performed prior to the date of
this Agreement shall be under the terms of this Agreement. This Agreement shall
remain in full force and effect until the Project shall have been completed and further.
until all claims and disputes shall have been concluded. This Agreement mav be
amended only in writing and after compliance with all applicable statutes. ordinances
and regulations.
3.0 COST OF AGREHrENT
The total fee to be paid to the Contractor for this Agreement. including fixed fee. and ~
expenses as defined in Attachment A shall,e:>t exceed 'I'Rirt, L",", "fllvu"Cllld;:;~
I:"~ Il....2L-..3. I&.dl.l feJdr D::ll.13rs ($ J2, 11941 S;PcNJ. notwithstanding any other 7Xt:tuSAP<O
articles and conditions except if the Fee is increased or decreased by a written change
issued pursuant to paragraph 28.0 of this Agreement,
-!.O SCOPE OF SERVICES
The City and the Contractor have agreed upon a scope of work described in the
proposal from the Contractor. attached herewith as Attachment A. This Scope of Work
can only be changed if amended by a written change order issued pursuant to paragraph
28,0 of this Agreement.
5.0 COMPLETION DATE
The completion date for all work described herein and in Attachments shall be not later
than one hundred ~ntv calendar days following the date the contract is signed or
the Contractor receives the initial payment if later than the contract date. except if this
date is change pursuant to provisions of paragraph 28.0 of this Agreement. The work
is considered complete when the City has received and found acceptable the finished
product of all work described in Attachment A or changes thereto. This date is not
necessarily the Project Completion date as described in 2.0 above.
6.0 PERSONNEUORGANIZATION
6.1 Project Team:
Work and services provided by the Contractor will be performed by
Doug Green and others
6.2 Key Personnel:
The following personnel are considered to be essential to the provlSlon of
adequate services by the Contractor.
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Professional Service Agreement
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6.3
Substitution of Key Personnel:
The Contractor shall give the City reasonable advance notice of any necessary
substitution of key personnel and shall submit justification therefore in sufficient
detail to permit the City to evaluate the impact of such substitution on this
Agreement. No substitutions shall be made without the written consent of the
City.
6.4
Removal of Project Personnel
The City may, with reasonable cause, upon providing written notice to the
Contractor, cause to be remove immediately from the Project or any phase
thereof, any personnel whose continued involvement in the opinion of the City.
is not in the best interest of the Project of the City. The Contractor upon receipt
of such written notice to remove an individual or (individuals), shall have five
business days to provide the City with the name and summary of credentials of
proposed replacement(s) for those removed. The participation of those proposed
personnel shall be subject to approval by the the City,
STANDARD OF PERFORMANCE
The Contractor agrees to provide all required professional services to complete the
project and any additions or changes thereto. In so Acting, the Contractor shall be the
agent of the City subject to the limitations set forth in this Agreement. The Contractor
accepts the relationship of trust and confidence established between it and the City by
this Agreement. The Contractor covenants with the City to furnish its normal
professional skill and judgement and to further the interest of the City at all times
through efficient business administration and management. The Contractor shall
provide all services in a competent manner. It is understood that some of the services
to be rendered hereunder require professional judgement and skill. In those cases. the
Contractor agrees to adhere to the standards of the applicable profession. The
Contractor will prepare and submit to the City regular monthly reports of project status
during the entire period of this Agreement and as specified in the applicable and
attached Attachments. Other nonregular reports may be prepared and submitted to the
City when appropriate to the conduct of work and at the request of the City.
TIMELINESS OF PERFORMANCE
Time is of the essence in this contract. The City may well time matters relating to the
Project and development of the w I~~ 'i2.E:PAlii!- based upon and in reliance
upon the Scope of services dates and time schedules for performance by the Contractor.
The Contractor failure to meet any such deadlines or required performance may
therefore adversely imperil other contractual obligations of the City.
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Professional Service Agreement
8,0 TIMELINESS OF PERFORMANCE (cont.)
In the event the Contractor is delayed in the performance of its obligations due to acts
of God such as earthquake, flood, tidal wave, or war, the time period wherein such
performance is to occur shall be extended by that amount of time necessary to
compensate for the day. The terms "acts of God" shall not be interpreted in this Article
to include adverse weather conditions, it being understood that weather on the Kenai
Peninsula in Alaska is frequently adverse.
9.0 INSPECTION
All services performed by the Contractor will be available for inspection by the City at
all times, but such inspections shall not relieve the Contractor of responsibility for the
proper performance of the services. The Contractor shall provide sufficient, safe, and
proper facilities at all times for such inspection of the services, shall furnish all
information concerning the services, and grant the City duly authorized representatives
free access at all reasonable time to the Contractor's facilities where services under this
Agreement are being performed.
10,0 COMPLIANCE WITH lAWS
10.1 The Contractor shall be familiar with and at all times comply with and observe
all applicable federal, state and local laws, ordinances, rules, regulations, and
executive order, all applicable safety orders, all orders or decrees of
administrative agencies, courts, or other legally constituted authorities having
jurisdiction or authority over the Contractor, the City, or the service which may
be in effect now or during performance of the services. The Contractor shall
indemnify and save harmless the City and all its officers, agents, and employees
against any claim or liability from or based upon the violation of any such law,
ordinance, rule, regulation, order, or decree whether such violation be the result
of conduct by the Contractor, its agents, or employees.
The Contractor recognized that 02 AAC 45.010 establishes specific audit
requirements for grant-funded projects including the Project that is the subject
of this Agreement. The Contractor agrees to provide any information required
by state regulations if part or all of funding is provided by the State of Alaska.
11.0 INDEMNITY
The Contractor shall indemnify, defend, and hold and save the City, its officers, agents
and employees harmless fr.om any claims or liability of any nature or kind including costs
and expenses (including attorneys' fees), for or on account of any and all legal actions
or claims of any character whatsoever allege to have resulted from injuries or damages
sustained by any person or persons or property (including contract rights or intangible
assets) and arising from, or in connection with, performance of this Agreement, and
caused by any negligent act or omission of the Contractor; provided, however, that this
paragraph shall not be construed so as to require indemnification of the City from such
claims, damages, losses, or expenses caused by or resulting from the sole negligence of
the City.
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Professional Service Agreement
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INSURANCE
The Contractor shall carry adequate insurance covering Worker's Compensation, general
public liability, professional liability and properly damage including a contractual liability
endorsement covering the liability created or assumed under this Agreement. The
Contractor shall not commence work under this Agreement or any work on any phase
of the Project until all required insurance has been obtained. The Contractor shall
furnish certificates of insurance showing the City as an additional named insured for
each policy required by this Article, except professional liability.
INSURANCE (CONT,)
The minimum limits for public liability insurance shall be $ 1 ,000,000
per person and aggregate and property damage including contractual liability of
$ 1.000.000 for each occurrence.
The Contractor shall also carry public liability and property damage on all motor
vehicles and other vehicles and equipment not covered by the general public liability
insurance. The minimum limit for such public liability insurance on vehicles shall be
$ 1.000.000 and for such property damage of$ 1.000.000 for
each occurrence,
The minimum limit for professional liability insurance shall be 500,000 . All
policies of insurance shall be in a company or companies licensed in the State of Alaska.
All policies of insurance or certificates, except Workers' Compensation, shall provide that
they will not be canceled by the insurance company of the Contractor until after thirty
(30) days written notice to the the City,
13.
GOVERNING LAW
Interpretation of this Agreement and performance thereof will be determined by the
laws of Alaska.
14.0 OWNERSHIP OF PLANS. DATA. REPORTS. MATERIAL
14,1 The originals of all drawings, designs, computer tapes, and specifications
developed by the Contractor under this Agreement shall become the property of
the City and if requested by the City shall be delivered to the City upon
completion of service, but may be used by the Contractor in furtherance of new
business development.
14,2 The originals of all material prepared or developed by the Contractor or its
employees, agents, or representatives hereunder, including documents,
calculations, maps, sketches. notes, reports, data, models, computer tapes, and
samples, to the extent the the City may require, shall become the property of the
City when prepared, whether delivered or not, and shall, together with any
materials furnished the Contractor and its employees, agents, or representatives
by the City hereunder, be delivered to the City upon request and, upon
termination or completion of this Agreement.
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Professional Service Agreement
15.0 PATENTS
The Contractor agTees to defend, indemnify, and save the City harmless from and
against any and all claims, costs, royalties, damages and expenses of any kind of nature
whatsoever (including attorneys' fees) which may arise out of or result from or be
reasonably incurred in contesting any claim that the methods, processes, or acts
employed by the Contractor or its employees in connection with the performance of
services hereunder infringes or contributes to the infringement of any letter patent. In
case such methods, processes, or acts are in suit held to constitute infringement and use
is enjoined, the Contractor, within reasonable time and at its own expense, will either
secure a suspension of the injunction by procuring for the City a license or otherwise,
or replace such method, process, etc., with one of equal efficiency.
16.0 PAYMENTS
16.1 Compensation to the Contractor for work and services performed under this
Agreement will be made in accordance with the provisions of the Scope of
Services in section 5.0 of this agreement.
16.2 the Contractor will prepare and submit to the City monthly itemized invoices of
work and services performed.
16.3 the Contractor shall comply with all applicable payment requirements for
subcontractors.
16.4 the City will pay within 30 days after receipt of approve invoice, or approved
portion thereof.
17.0 NONWAIVER
The failure of the City to insist upon enforce in any instance strict performance by the
Contractor of any of the terms of this Agreement or to exercise any rights herein
conferred, shall not be construed as a waiver or relinquishment to any extent of its rights
to asset or rely upon any such terms or rights on any future occasion.
18.0 SAFETI/PERFORMANCE
18.1 the Contractor shall perform the work in a safe and workmanlike manner. The
Contractor shall comply with all federal and state statues, ordinances, orders,
rules, and regulations pertaining to the protection of workmen and the public
from injury or damage, and shall take all other reasonable precautions to protect
the contractors workmen and the public from injury or damage.
19.0 SUSPENSION OR TERMINATION
19.1 Fault Termination or Suspension. This Agreement may be terminated by either
party upon ten days written notice if the other party fails substantially to perform
in accordance with its terms. If the City terminates this Agreement it will pay the
Contractor a sum equal to the percentage of work completed that can be
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19.1
19,2
19.3
Fault Termination or Suspension (cont.)
substantiated by the Contractor and the City, However, within the 10 day Notice
of Intent to terminate the party in default shall be given an opportunity to
present a plan to correct its failure.
Convenience Suspension or Termination the City at any time may terminate or
suspend this Agreement for any reason including its own needs or convenience.
In the event of a convenience termination or suspension for more than six
months. the Contractor will be compensated for authorized services and
authorized expenditures performed to the date of receipt of written notice of
termination or suspension. No fee or other compensation for the uncompleted
portion of the services will be paid, except for already incurred indirect costs
which the Contractor can establish and which would have been compensated for
over the life of the phase of design the underway, but because of the termination
or suspension would have to be absorbed by the Contractor without further
compensation.
Activities Subsequent to Receipt of Notice of Termination or Suspension.
Immediately upon receipt ofa Notice of Termination or suspension and except
as otherwise directed by the City or its Representative, the Contractor shall:
a) stop work performed under this Agreement on the date and to the extent
specified in the Notice;
b) terminate all orders and subcontracts to the extent that they relate to
the performance of the work terminated or suspended by the Notice.
(c) place no further orders for materials, services, or facilities, except as
may be necessary for completion of such portion of the work under this
Agreement as is not terminated or suspended;
(d) assign to the City, in the manner and to the extent directed by the City or its
representative, all of the right, title, and interest of the Contractor under the
orders of subcontracts so terminated, in which case, the City shall have the right,
at its discretion, to settle or pay any or all claims arising out of their termination
of such orders and subcontracts;
(e) with the approval of the City or its representative, which shall be final
and conclusive for all purposes of this paragraph, settle all outstanding liabilities
and all claims arising out of termination of such orders and subcontracts; the cost
of which would be reimbursable in whole or in part, in accordance with the
provisions of this Agreement; and
f) transfer title to the City (to the extent that title has not already been
transferred) and deliver in the manner, at the times, and to the extent directed
by the City' representative, work in progress, completed work, supplies, and
other material produced as a part of, or acquired in respect of the performance
of the work terminated or suspended by the Notice.
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Professional Service Agreement
20.0 EQUAL EMPLOYMENT OPPORTUNITY
20. I The Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, or because of age,
physical handicap, sex, or martial status, change in marital status, pregnancy, or
parenthood when the reasonable demands of the position do not require
distinction on the basis of age, physical handicap, sex, or marital status, changes
in marital status, pregnancy, or parenthood. The Contractor shall take
affirmative actin as required by law to ensure that applicants are employed and
that employees are treated during employment without regard to their race,
color, religion, national origin, ancestry, age, or marital status.
21.0 NO ASSIGNMENT OR DELEGATION
The Contractor may not assign or delegate this Agreement, or any part of it, or any right
to any of the money to be paid under it without written consent of the contracting
officer. This consent shall not be unreasonably withheld.
22.0 INDEPENDENT CONTRACTOR
The Contractor shall act as an independent contractor in the performance of the work.
23,0 PAYMENT OF TAXES
As a condition of performance of this Agreement, the Contractor shall pay
all federal, state and local taxes incurred by the Contractor and shall require their
payment by all subcontractor or any other persons in the performance of this Agreement,
24.0 PRECEDENCE AND DIVISIBILITY
The provisions of this Agreement shall fully govern the services performed
by the Contractor. If any term, condition, or provision of this Agreement is declared
void or unenforceable, or limited in its application or effect, such event shall not affect
any other provisions hereof and all other provisions shall remain fully enforceable.
25.0 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties as to the
services to be rendered by the Contractor. All previous or concurrent agreements,
representations, warranties, promises, and conditions relating to the subject matter of this
Agreement are superseded by this Agreement.
26.0 COMPLETION OF WORK. TERM OF CONTRACT
The Contractor shall perform all work in a timely fashion, and in accordance with the
schedules attached as Appendixes hereto.
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27,0 CLAIMS AND DISPUTES
27.1 Notice of Claim, If the Contractor becomes aware of any act or occurrence which
may form the basis of a claim by any party, including the Contractor, the
Contractor shall immediately inform the City. In respect to potential claims
by the Contractor, if the matter cannot be resolved within 7 days the Contractor
shall, within the next 14 days, submit written notice of the facts which may form
the basis of the claim.
27.2 Informal Resolution, In presenting any claims, the Contractor shall specifically
include the provisions of this Agreement, which apply, the specific relief
requested, including any additional compensation claims, and the basis upon
which it was calculated and/or the additional time requested, and the basis upon
which it was calculated.
27.3 Arbitration Notice, If not resolved to the satisfaction of either party, any claim or
controversy arising out of or relating to this Agreement shall be settled by
arbitration upon written request therefore by either party to the other within 6
months after presentation by either party to the other of written notice of the
existence of the claim or controversy. Such written notice of the existence of the
claim or controversy must have been presented within 6 months of the
occurrence of the claim or controversy, or the claim or controversy will be
deemed to have been waived. Any arbitration arising hereunder shall be
conducted in Anchorage, Alaska or, at the option of the City, in Seward, Alaska.
27.4 Arbitrator Selection, The parties shall select a single arbitrator by mutual
agreement. If they cannot agree upon a single arbitrator, each will choose three
names from a list of five provided by the American Arbitration Association. From
these names, a single arbitrator shall be chosen by agreement of the parties. If
agreement cannot be reached, either party may request the American Arbitration
Association to appoint an arbitrator in accordance with its Commercial Arbitration
Rules, which rules shall govern the conduct of the arbitration in the absence of
contrary agreement by the parties.
27.5 Decision of Arbitrator. The parties shall submit to the arbitrator a written
statement setting forth the matters in dispute. If the factors are not agreed upon,
the arbitrator shall promptly hold hearings and therefore shall promptly reach
a decision of each matter in dispute. The decision of the arbitrator on all matters
in dispute, which have been submitted to him, shall be issued in writing and shall
state his reasons for such decision and separately list his finds of fact and
conclusions oflaw, and shall be signed by the arbitrator within 30 calendar days
after receipt of such statement or conclusion of such hearings. The arbitrator
shall not have the power to amend or add to this Agreement, but subject to this
limitation, the decision of the arbitrator shall be final and binding upon the
parties, The arbitrator shall consider the amount of damage or loss, costs of
arbitration, legal fees and other related costs in determining the amount of
award.
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Professional Service Agreement
28,0 CHANGES IN SCOPE OF WORK
28.1 General No claim for additional services not specifically provided in this
Agreement, performed or specifically provided in this agreement, performed or
furnished by the agreement, will be allowed, nor may the Contractor do any
work or furnish any materials not covered by the Agreement unless the work or
material is ordered in writing by the contracting officer. Preparation of change
orders and design changes, due to errors andlor omissions by the the Contractor,
will be done at the sole expense of the Contractor.
28.2 Chang-es in Scope of Work the City or its representative may, at any time, by a
written order delivered to the Contractor, make changes to the scope of work, or
authorized additional work outside the scope of work.
28.3 Compensation to the the Contractor If any change for which compensation is
allowed under this Article causes an increase or decrease in the estimated cost of,
or time required for, the performance of any part of the work under this
Agreement, or if such change otherwise affects other provisions of this
Agreement, an equitable adjustment shall be proposed by the City or its
representative. Such an adjustment may be:
28.3.1 in the estimated cost of completion schedule, or both;
28.3.2 in the amount of fee to be paid; and
28.3.3 in such other provisions of the Agreement as may be affected, and
the Agreement shall be modified in writing accordingly.
28.4 Any claim by the Contractor for adjustment under this section must be asserted
within 30 days from the day of receipt by the Contractor of the notification of
change; provided, however, that the City or its representative, deciding that the
facts justify such action, may receive and act upon any such claim asserted at any
time prior to final payment under this Agreement. Failure to agree to any
adjustment shall be a dispute within the meaning of section 28.0 of this
Agreement.
29.0 LIMITATION OF FUNDS
29.1 At no time will any prOVISiOn of this Agreement make the City or its
representative liable for payment for performance of work under this Agreement
in excess of the amount which have been appropriated by the City Boardof
Directors and obligated for expenditure for purposes of this Agreement.
29.2 Change orders issued pursuant to Section 28 (Changes in Scope of Work) of this
Agreement shall not be considered an .authorization to the Contractor to exceed
the amount allotted in the absence ofa statement in the change order, or other
modification increasing the amount allotted.
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A'ITACHMENI' A
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March 11, 1991
Mr. Everett P. Diener
Manager of Engineering & Utilities
P.O, Box 167
Seward, Alaska 99664
ATI'ENTION: Mr. Paul Diener
REFERENCE: Architectural Services and Fee for Retrofitting Windows and
Refinishing Exterior Walls at Spring Creek Correctional Center.
Architects Job No. 91007.00
Dear Mr. Diener:
We were contacted on 28 February 1991 by Jerry Watkins of DOT IPF and asked if
we would prepare Contract Documents for Bidding the retrofit work on the rusting
window frames at Spring Creek Correctional Center. In addition he has asked us to
study and prepare Contract Documents to have the Housing Units and portions of
the APS building repainted. He outlined the following scope of work and asked if
we would provide a fee for performing the services.
Scone of Services:
1) Field trip to Seward to investigate and photograph the paint problem on the
exterior walls of the facility. The trip would also confirm the exact number of
windows to be treated for the rusting problem.
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3) A test on the exterior wall finish would be developed to ensure that the wall
finish preparation and application would provide good adherence and feather
properly to the existing substrate. An acceptable technical as well as aesthetical
fix 1S what we are looking for. We would inspect the preparation of the wall
surface and the final product of the test at the facility. We are concerned about
the adherence of the existing wall finish and how patching over it will hold up in
the long run. The preparation for this test, i.e. removing existing finish, blasting,
washing, recoating, etc. will tell us how well the existing finish is bonded to the
concrete and how well the new will bond to the existing.
4) The design development submittal would then be prepared based on the results
of research and testing. This submittal would be reviewed by City of Seward,
DOT IPF and DOC for it's comments. Comments if any would be discussed and John E. \1.'-",,1
incorporated into the design. \flChael f' Carl.",n
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5) The design development submittal would then be used as the basis for Contract
Document preparation, suitable for bidding. Window details, elevations and
plans showing the extent at the work would be drawn. Front end documents
would be provided by DOT IPF and technical specifications would be done by our
offic
6) We would be available during the bidding period to attend meetings and answer"
qu.estions, Should the need arise we can also provide addenda as the situation
anses.
7) During the construction period we would be available for answering Contractor
questions, attending meetings and reviewing submittals. We also included 3 site r-:.
visits during construction..,,__~/
Our maximum, not-to-exceed fee ~
This proposal w~ !9 be based on hourly rates.
breakdown, dated)S~ .1991 is attached.
.z7 "-
We look forward to scussing with YOU this contract.
other questions. .
Please call if you have any
Sincerely,
McCool Carlson Green, IJC.
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D~~gl~ G.een, Treasurer, AlA
Alaska Registration No. A-5643
c: Jerry Watkins, DOT IPF
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29.3 Nothing in this Section shall affect the right of the City under Section 19 to
terminate this Agreement. In the event this Agreement is terminated, all
property produced or purchased and reimbursed for under this Agreement shall
be transferred to the City in accordance with Section 19 (Termination).
30.0 PRIOR WORK
For the purposes of this Agreement, work done at the request of the the City or its
representative before execution of this Agreement shall be deemed to be work done after its
execution and shall be subject to all the conditions contained herein.
City of Seward
ignature (date)
TitleC~ ~yv.
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Professional Service Agreement
McCool,
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Title 772EAc;of?E.k~
ATTEST:
APPROVED AS TO FORM
PERKINS COlE, ATTORNEYS FOR THE
CITY OF SEWARD, ALASKA
7~ /IV ikA..
CITY ATTORNEY
(CITY'S SEAL)
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
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}
THIS IS TO CERTIFY that. on this c9+t, day of "'1k-1 , 19'1i ,
before me, the undersigned, a Notary Public in and for the State of Alaska. ~uly
commissioned and sworn as such, p=ny appeared .D0V6U~S G. 0fLEF-N
lawful agent for McLooL CAi2LS~ known to me and to me known to be the
person who executed the foregoing instrument for and on behalf of
M ~Cot:L C,b..'2.Ls,a--J GILf'BJ ,and who acknowledged that he signed the same
freely and voluntarily for the uses and purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year hereinabove written.
CONTRACT
.
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
DATE:
PROJECT NUMBER
CLIENT:
PREPARED BY:
REVISION:
27 MAR 1991
91007
CITY OF SEWARDIDOT-PFj
DGG .r-T-----,
FIRST J "
HOURL Y RATES
}:?:<~?i:/~i{::\/?~~ttt~f~?iti??~~{:>::::::':;;::""'" .
....................
Managing Architect
Senior Architect
Staff Architect
Drafter
Clerical
$95
$85
$70
$45
$40
SUBCONSULTANT MARK-UP:
10%
EXPENSES MARK-UP:
10%
. SUBCONSUL T ANTS
Survey
Geotechnical
Civil
Structural
Mechanical
Electrical
Cost Estimating
Special Consultant
.
NONE
NONE
NONE
NONE
NONE
NONE
CLARK-GRAVES
NONE
McCool Carlson Green
Project Fee Estimate
A 111--\ ( 11 r,\\;,'~, 'T A
--.
27-Mar-91
Am'\c!1i\11Z-!'-IT ^
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
PROJECT FEE SUMMARY
ARCHITECTURAL
Managing Architect
Senior Architect
Staff Architect
Drafter
Clerical
SINGLE SITE INITIAL DESIGN
INSP. TRIP INSPECTION DEVELOP,
$0 $0 $1,140
$680 $1,530 $5,270
$0 $0 $1,470
$0 $0 $585
$80 $0 $320
CONSTR.
DOCS,
$1,140
$3,485
$1,120
$1,800
$480
BIDDING CONST ADM,
(IN OFFICE)
$0
$4,760
$0
$0
$160
$285
$1,700
$0
$180
$160
TOTALS
$2,565
$17,425
$2,590
$2,565
$1,200
.,.;.-.:.:.;..,;;::::::;::;:::;::;::;::;::;::::;::;:;::::=;:::;:::;:;:;:;:;:;:;:;:;::;:::;:.:.:.....;.:..:......'",.'.-.
$760 $1,530 $8,785 $8,025 $2,325 $4,920 $26,345
.......:::;;:;:;:~;i::::;~;~;~;~;;;;;;:::;:::;M:h::::~::~~;~~~~~~~;~;;;~~~~~;~;;;~;~;;t::::::::::....:.:.;:::::::~~:::::::::::;::::~::....:::~:::~:;:;~~~~;~;~;:;;:~::::;:::;:~~:::::;;:~:::::r:;::;;;;::::::;;;;;;::i;;~~;::;:;;;:;;..~:I;j~~I\~\f~~l~~fi~~r~~j~l\;~1~~l
ARCHITECT TOTALS
SINGLE SITE INITIAL DESIGN CONSTR, BIDDING CONST ADM,
SUB CONSULTANTS INSP, TRIP INSPECTION DEVELOP, DOCS. (IN OFFICE) TOTALS
Survey $0 $0 $0 $0 $0 $0 $0
Geotechnical $0 $0 $0 $0 $0 $0 $0
Civil $0 $0 $0 $0 $0 $0 $0
Structural $0 $0 $0 $0 $0 $0 $0
Mechanical $0 $0 $0 $0 $0 $0 $0
Electrical $0 $0 $0 $0 $0 $0 $0
Cost Estimating $0 $0 $0 $1,200 $0 $0 $1,200
TOTALS $0 $0 $0 $1,200 $0 $0 $1,200
MARK-UP: 10% SO SO $0 S120 $0 SO S120
SINGLE SITE INITIAL DESIGN CONSTR. BIDDING CONST ADM.
EXPENSES INSP. TRIP INSPECTION DEVELOP, DOCS. (IN OFFICE) TOTALS
Long Dist Phone $0 $0 $50 $50 $20 $50 $170
Repro/Photo $15 $50 $100 $500 $0 $0 $665
Rendering $0 $0 $0 $0 $0 $0 $0
Model $0 $0 $0 $0 $0 $0 $0
Postage/Courier $0 $0 $0 $25 $0 $50 $75
TravellPerdiem $150 $270 $0 $0 $0 $0 $420
Other SO $0 SO $0 SO SO $0
TOTAL $165 $320 $150 $575 $0 $100 $1,310
MARK-UP: 10% $17 $32 $15 $58 $0 $10 $131
EXPENSES TOTALS $182 $352 $165 $633
PHASE TOTALS 5 TRIPS> $4,708 $1,882 $8,950 $9,978 $2,347 $5,030
$32,894
McCool Carlson Green
Project Fee Estimate
27-Mar-91
.
.
.
SPRING CREEK CORRECfIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
PHASE:
INITIAL SITE VISIT
ARCIllTECfURAL SERVICES
Task Description Manag. Arch Senior Arch taff Arch Drafter Clerical
MEETINGS 0 2 0 0 0
INSPECTIONS 0 16 0 0 0
TOTAL HOURS 0 18 0 0 0
HOURLY RATE $95 $85 $70 $45 $4Q
LABOR TOTALS $0 $1,530 $0 $0 $0
TOTAL ARCHITECTURAL LABOR $1,530
..
McCool Carlson Green
Project Fee Estimate
/v"rAcHn\Ff0 I A
27-Mar-91
SPRING CREEK CORRECTIONAL CENfER
WINDOW RETROFIT & BUILDING REPAINTING
PHASE:
INITIAL SITE VISIT
SUBCONSULTANfS
DISCIPLINE
FIRM
FEE
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Survey
Geotechnical
Civil
Structural
Mechanical
Electrical
Cost Estimating
Special Consultant
NONE
NONE
NONE
NONE
NONE
NONE
CLARK-GRAVES
NONE
TOTAL
MARK-UP
10.0%
SUBCONSULTANT TOTAL
EXPENSES
LONG DIST PHONE
REPROfPHOTO
RENDERING
MODEL
POST AGE/COURIER
TRA VEL/PER DEIMIMILEAGE
$0
$SO
$0
$0
$0
$270
TOTAL
MARK-UP
10.0%
$320
$32
EXPENSE TOTAL
PHASE TOTAL
INITIAL SITE VISIT
$352
$1,882
McCool Carlson Green
Project Fee Estimate
A lTl-\-( /~ nllZ:~ T ^
27-Mar-91
SPRING CREEK CORRECTIONAL CENfER
WINDOW RETROFIT & BUILDING REPAINTING
. PHASE: DESIGN DEVELOPMENf - 30% SUBMITr AL
ARCIllTECTURAL SERVICES
Task Description
MEETINGS
AGENCY REVIEWS
RESEARCH
COVER SHEET
SITE PLAN
LARGE SCALE DETAILS
ELEVATIONS - 128 CELL H.U,
ELEVATIONS - 64 CELL H.U.
ELEVATIONS - APS BLDG
SPECIFICATIONS
TOTAL HOURS
HOURLY RATE
LABOR TOTALS
. TOTAL ARCIllTECTURAL LABOR
.
:jj[!ii~1i!t~j1iji!j~i!ii;~i!~i1iijii)~iiiji!imiliii;j~ffiiiii[!ii~i!ijiiij~i~~~~glillii~f:i~~!jiiilij~!~iijiiliii!~iIii!
McCool Carlson Green
Manag. Arch Senior Arch taft' Arch Drafter Clerical
0 8 0 0 0
0 I 0 0 0
6 16 0 0 0
0 2 0 I 0
0 3 4 2 0
0 6 4 4 0
0 4 4 2 0
0 4 4 2 0
0 6 5 2 0
6 12 0 0 8
12 62 21 13 8
$95 $85 $70 $45 $40
$1,140 $5,270 $1,470 $585 $320
$8,785
iliiiiiiiiiiiiiiijiiiiiiiiiiiii!iii~ii!jjiiiii!~iiijiiiiiiiii~!iiitit~!i]ii!iijill~f.~~~l~m~i~l~i[~lii!~illii~i~i~ii!jii!ii~1i~i~illiil~jiii~li~1i~~~~~ii~tJ~iii~i!iiiiiiiir~~iiiii
Project Fee Estimate
AlTAc H IW.+ 1T ^
27-Mar-91
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
PHASE:
DESIGN DEVELOPMENT - 30% SUBMITTAL
SUBCONSULTANfS
DISCIPLINE
FIRM
FEE
Survey
Geotechnical
Civil
Structural
Mechanical
Electrical
Cost Estimating
Special Consultant
NONE
NONE
NONE
NONE
NONE
NONE
CLARK-GRAVES
NONE
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL
MARK-UP
$0
$0
10.0%
SUBCONSULT ANT TOTAL
EXPENSES
LONG DIST PHONE
REPROIPHOTO
RENDERING
MODEL
POSTAGE/COURIER
TRA VELIPER DEIM
$So
$100
$0
$0
$0
$0
(SEE COST OF SINGLE SITE FOR
PAINT TEST INSPECTION COST)
TOTAL
MARK-UP
$150
$15
10.0%
EXPENSE TOTAL $165
PHASE TOTAL
DESIGN DEVELOPMENT - 30% SUBMITIA $8,950
McCool Carlson Green
Project Fee Estimate
ATtp.{ Ii It~V\T (\
27-Mar-91
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
. PHASE: CONSTRUCTION DOCUMENTS - 100% SUBMITTAL
ARCHITECTURAL SERVICES
Task Description Manag. Arch Senior Arch taft' Arch Drafter Clerical
COVER SHEET - ABBREVIA nON 0 I 0 2 0
SITE PLAN 0 2 2 6 0
LARGE SCALE DETAILS 0 6 4 8 0
ELEVATIONS - 128 CELL H,U. 0 4 3 8 0
ELEVATIONS - 64 CELL H.U. 0 4 3 8 0
ELEV A nONS - APS BLDG 0 6 4 8 0
SPECIFIC A TIONS 12 18 0 0 12
TOTAL HOURS 12 41 16 40 12
HOURLY RATE $95 $85 $70 $45 $40
LABOR TOTALS $1,140 $3,485 $1,120 $1,800 $480
. TOTAL ARC~CTURAL LABOR
.
McCool Carlson Green
Project Fee Estimate
ATT1\-t (11'v\t;4\ r A
,
27- Mar-91
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
PHASE: CONSTRUCTION DOCUMENfS - 100% SUBMITf AL
SUBCONSULTANfS
DISCIPLINE
FIRM
FEE
Cost Estimating
CLARK-GRAVES
$1,200
TOTALS
MARK-UP
$1,200
$120
10,0%
SUBCONSULT ANT TOTAL
EXPENSES
LONG DIST PHONE
REPROIPHOTO
RENDERING
VCR RENTAL
POSTAGE/COURIER
TRA VELIPER DEIM
$50
$500
$0
$0
$25
$0
TOTAL
MARK-UP
$575
$58
10.0%
EXPENSE TOTAL
$633
PHASE TOTAL
$0.00
$9,978
McCool Carlson Green
Project Fee Estimate
ATT\>,cl-{M-\u.:JT f4.
27-Mar-91
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
. PHASE: BIDDING
ARCHITECTURAL SERVICES
Task Description Manag. Arch Senior Arch taff Arch Drafter Clerical
MEETINGS 0 8 0 0 0
ADDENDUM I 4 0 4 4
DISTRIBUTION 0 0 0 0 0
QUESTIONS 2 8 0 0 0
TOTAL HOURS 3 20 0 4 4
HOURLY RATE $95 $85 $70 $45 $40
LABOR TOTALS $285 $1,700 $0 $180 $160
SUBCONSULTANrS
D~CWLThffi ARM
. Special Consultant NONE
TOTAL
MARK-UP 10.0%
FEE
$0
$0
$0
SUBCONSULTANT TOTAL $0
EXPENSES
LONG DIST PHONE
REPROIPHOTO
POSTAGE/COURIER
$20
$0
$0
TOTAL
MARK-UP
10.0%
$20
$2
EXPENSE TOTAL
$22
McCool Carlson Green
Project Fee Estimate
An1\( d i\'\t-t-T !\
27-Mar-91
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
PHASE: CONSTRUCTION ADMIN.(IN OFFICE)
ARCHITECTURAL SERVICES
Task Description Manag. Arch Senior Arch taff Arch Drafter Clerical
MEETINGS 0 8 0 0 0
CLARIFICATIONS 0 28 0 0 0
SHOP DRWG. 0 12 0 0 0
PROJECT CLOSEOUT 0 8 0 0 4
TOTAL HOURS 0 56 0 0 4
HOURLY RATE $95 $85 $70 $45 $40
LABOR TOTALS $0 $4,760 SO $0 $160
SUBCONSULTANTS
DISCIPLINE
FIRM
FEE
Special Consultant
NONE
SO
TOTAL
MARK-UP
SO
SO
10.0%
SUBCONSULTANT TOTAL $0
EXPENSES
LONG DIST PHONE
REPROIPHOTO
POST AGE/COURIER
$50
SO
$50
TOTALS
MARK-UP
$100
$10
10.0%
EXPENSE TOTAL
$110
PHASE TOTAL
CONSTRUCTION ADMIN.(IN OFFICE)
$5,030
McCool Carlson Green
Project Fee Estimate
A~m\{ H 1\ Hl\i 1>,
27-Mar-91
SPRING CREEK. CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
.
PHASE:
COST OF SINGLE INSPECTION TRIP
ARCHITECTURAL SERVICES
Task: Description Manag. Arch Senior Arch taft' Arch Drafter Clerical
MEETINGS 0 2 0 0 0
TRAVEL 0 3 0 0 0
INSPECTIONS 0 2 0 0 0
REPORT WRITING 0 I 0 0 2
TOTAL HOURS 0 8 0 0 2
HOURLY RATE $95 $85 $70 $45 $40
LABOR TOTALS $0 $680 $0 $0 $80
TOTAL ARCIflTECTURAL LABOR $760
.
SUBCONSULTANTS
DISCIPLINE
FIRM
FEE
Cost Estimating
CLARK-GRA YES
$0
TOTAL
MARK-UP
10%
$0
$0
SUBCONSULT ANT TOTAL $0
EXPENSES
REPROIPHOTO
TRA VELIPER DIEMIMILEAGE
$15
$150
TOTAL
MARK-UP
10%
$165
$17
EXPENSE TOTAL
. PHASE TOTAL
$182
McCool Carlson Green
Project Fee Estimate
/\Tit'l H l\'.t:.{u\ A.
27-Mar-91
f\iTf\t'tlI\U.H'T A
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
PHASE: CONSTRUCTION ADMIN.(IN OFFICE)
ARClllTECTURAL SERVICES
Task Description Manag. Arch Senior Arch taff Arch Drafter Clerical
MEETINGS 0 8 0 0 0
CLARIFICATIONS 0 28 0 0 0
SHOP DRWG, 0 12 0 0 0
PROJECT CLOSEOUT 0 8 0 0 4
TOTAL HOURS 0 56 0 0 4
HOURLY RATE $95 $85 $70 $45 $40
LABOR TOTALS $0 $4,760 SO $0 $160
SUBCONSULTANfS
DISCIPLINE
FIRM
FEE
Special Consultant
NONE
SO
TOTAL
MARK-UP
10.0%
SO
SO
SUB CONSULTANT TOTAL
$0
EXPENSES
LONG DlST PHONE
REPROIPHOTO
POSTAGE/COURIER
$50
$0
$50
TOTALS
MARK-UP
10,0%
$100
$10
EXPENSE TOTAL
SIlO
PHASE TOTAL
CONSTRUCTION ADMIN.(IN OFFICE)
$5,030
McCool Carlson Green
Project Fee Estimate
27-Mar-91
Nnktt-f \Ll.cvu]' ^
SPRING CREEK CORRECTIONAL CENTER
WINDOW RETROFIT & BUILDING REPAINTING
. PHASE:
COST OF SINGLE INSPECTION TRIP
ARCHITECTURAL SERVICES
Task Description Manag. Arch Senior Arch taff Arch Drafter Clerical
MEETINGS 0 2 0 0 0
TRAVEL 0 3 0 0 0
INSPECTIONS 0 2 0 0 0
REPORT WRITING 0 I 0 0 2
TOTAL HOURS 0 8 0 0 2
HOURLY RATE $95 $85 $70 $45 $40
LABOR TOTALS $0 $680 $0 $0 $80
TOTAL ARCHITECTURAL LABOR $760
SUBCONSULTANfS
.
DISCIPLINE
FIRM
FEE
Cost Estimating
CLARK -GRA YES
$0
TOTAL
MARK-UP
10%
$0
$0
SUBCONSULTANT TOTAL $0
EXPENSES
REPROIPHOTO
TRA VEL/PER DIEMIMILEAGE
$15
$150
TOTAL
MARK-UP
10%
$165
$17
EXPENSE TOTAL
. PHASE TOTAL
$182
COST OF SINGLE INSPECTION TRIP
5 TRIPS PROPOSED DURING PROJECT
$4,708
McCool Carlson Green
Project Fee Estimate
27-Mar-91