HomeMy WebLinkAbout4730 Contract Number: 4730
Vendor: NAC ARCHITECTURE
Subject: Collaborative School Siting Project
Department: Comm Devel
File Class: LEG 12-1
Begin Date: 06/03/2008
End Date: � 12/31/2009 �
Review Date: 02/15/2011
Vault Date: Ol/O1/2011
Comments: Modification #1-1/09
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND
NAC Architecture
PROJECT Bremerton School District Joint School Siting
CONSULTANT
NAC Architecture
DATE
December 9,2008
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract") entered into between the City of Bremerton and NAC
Architecture on June 3. 2008
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows:
I.
Section
I. Scope
, is modified as follows: No change.
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by
December 31. 2009
Section
III. Compensation
, is modified as follows: No change.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement
of all of the Consultant's claims for contract time and for all costs of any kind, including
without limitation, costs of delays related to any work either covered or affected by this
Contract Modification, claims related to on-site or home office overhead, or lost profits. This
Contract Modification does not limit the City's right to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs and
other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
CONTRACT MODIFICATION
Project Number:
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
Community Development Director
approved to process
Initials and Date
DATE: 11./ 2-/ o~
1/
NOTICES TO BE SENT TO:
R\LEGAL\Contracts\FORMS\Contract Modification (2003).doc
CONTRACT MODIFICATION
Project Number:
Tl~;F~
By Cary Bozeman
Its Mayor
DATE:
/fry
ATTEST:
cWd~
NOTICES TO BE SENT TO:
Andrea Spencer
Director
City of Bremerton
Community Development Department
345 - 6th Street, Suite 600
Bremerton, WA 98337
360.473.5283/360.473.5278 (f)
2
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
4730
NAC ARCHITECTURE
Collaborative School Siting Project
Comm Devel
LEG 12-1
06/03/2008
11/30/2008
11/01/2008
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and NAC Architecture ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated April 29th, 2008, including any attachments thereto , attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in section IX (A) of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $125,000. Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
BremertonlNAC Architecture
Collaborative School Siting Project
Page 1 of6
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
Bremerton/NAC Architecture
Collaborative School Siting Project
Page 2 of6
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCD) if applicable; and employer's
liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
Bremerton/NAC Architecture
Collaborative School Siting Project
Page 3 of6
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
BremertonlNAC Architecture
Collaborative School Siting Project
Page 4 of6
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
City of Bremerton
Attn: Andrea Spencer
345 6th Street, Suite 600
Bremerton, W A 98337
Consultant Address
NAC Architecture
Attn: Kevin Flannigan
2201 Sixth Avenue, Suite 1405
Seattle, WA 98121
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
BremertonlNAC Architecture
Collaborative School Siting Project
Page 5 of6
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
NAC ARCHITECTURE
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Approved as to form:
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R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc
Bremerton/NAC Architecture
Collaborative School Siting Project
Page 6 of6
~~~IARCHITECTURE
April 29th, 2008
Andrea Spencer
City of Bremerton
Director of Community Development
345 6th Street, Suite 600
Bremerton, W A 98337
RE: Collaborative School Siting Project -Fee Proposal
EXHIBIT A
Dear Ms. Spencer:
National talent,
local focus
I'm glad we had the chance to meet with you and Lindsey last week to discuss this study. It is
an unusual and interesting project and it was certainly helpful for us to talk it though with you
to get a better understanding of the intended outcomes.
Our understanding of the scope of work is as follows: NAC will lead a process that develops
conceptual ideas for collocation of a new Middle School that includes community function(s).
As part of the study, NAC will work with stake-holders to determine which community functions
could be accommodated most appropriately in this collocation project.
The product of this effort will be a detailed report that identifies and evaluates alternate
concepts for collocation of school! community facilities on different possible sites. These
concepts will be developed based on input at workshops and meetings held with stake-holders
and key communicators. In addition to the report, NAC will prepare display boards and
graphics to support the study and for public review during the process.
Attached to this proposal is a draft outline of the process that we suggest for this study,
however as we discussed in our meeting last week, we expect that the process will be fluid
and there will likely be some changes to this outline as it progresses. While the details of the
process may change from this proposal, the outline provides the level of effort that NAC
anticipates for this study. We will notify you if any requests or expectations are made that we
think will lead our team to exceed the effort that is commensurate with the fee.
We propose the basis of the fee be in a lump sum of $125,000 to complete the study. We
request that payment of the fee be on a monthly basis that corresponds to the estimated
percentage of work that is completed for that month. Reimbursable costs for printing,
production and deliverables provided for the City will be in addition to this base fee amount.
The schedule for this work is such that the workshops will be completed by the end of
September, 2008 and the final report document will be submitted no later than May 30, 2009.
We understand that we will need to document the steps and activities that occur during the
course of this study so that this process can be can a reference for groups performing similar
studies in the future.
Attachment: Outline of Proposed Process
www.nacarchitecture.com
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NAC I ARC HIT E C T U R E
Bremerton Collaborative School Siting Project
Outli ne of Proposed Process 1
exhibit A attachment 1
Send out "Known Information"
City, Parks, and School compile and send basic rei event information to NAC
NAC review
Kic~ off meeting
All core people (parks, school, city, other?)
Determine communication organization (LaC)
Outline Schedule
Identify possible Key Communicators (key corns) and stake holders
NAC Project set up
Organize task, schedules and administration
Fact finding
Meet with School District to discus MS needs - tour MS
Meet with Parks to discuss needs
Learn about possible sites (and any known or expected encumbrances)
Determine Key Corns and stake holders
NAC prepare for workshop 1.
Document and organize the information learned
Workshop 1- G9al Setting (with stake-holders, maybe Key Corns, maybe.open to public?)
Belief statements
Why is this a'good idea
What are Goals of this process
What are Goals of this development
NAC prepare for workshop 2.
Document and display goals and beliefs
Prepare presentation for workshop 2
.
Workshop 2 -Identify Collocation Opportunities. Big Ideas (with stake-holders?)
presentation by NAC of other collocation uses that have been done
Brainstorm big ideas 5-10 ideas -small group work write ideas on cards
Reassign idea cards - discuss in small groups limitations and opportunities of ideas
Prioritize - as a full group, look for 5 or so ideas that float to the top
Program Consideration (with core group only plus specialists for specific programs?)
Develop generic program of community function with Core group -Document
Develop generic program for MS with School leads Document
Review possible Sites
NAC tour possible sites
(consider if consultant needed for this),
NACI Architecture
- 1-
NAC prepare for workshop 3.
Document and organize the Big Ideas and discussions of previous Workshop
Create display of site plan, note key issues related to each site
Consider possible site layouts / and alternative concepts for using the land
Explore non-traditional uses / and more efficient use of land
'"
Workshop 3 - Site Evaluation (with stake-holders and Key Coms)
Discuss pros and cons of various site options (urban vs. suburban, developed vs. greenfield)
Consider pros and cons of different sites for various Big Ideas
Review program for community component and MS
Review site layout alternatives
Identify preferred concepts
NAC prepare for Workshop 4
develop cost basis for site options
refine / develop scope
*
Workshop 4 (with stake-holders and Key Coms)
Review site concepts with cost
Review scope, functions
discuss public comments
NAC Draft preliminary report
Outline findings from work to date
Prepare first draft of report - send out to reviewers (Stake-holders?)
Receive comments - incorporate as appropriate
*
Work Sessicm with School Board
Review draft report and proposals with School Board
Review draft report and proposed revisions
NAC update Draft report
make appropriate revisions
send to core group for comments
Review Meeting
Finalize concepts
Review draft. report and proposed revisions
NAC prepare Final report
NAC Present Final report
1 note that it is recognized by the City of Bremerton and NAC that portions of this Outline of Proposed
Process may change as the project develops. Activities, may drop out, may be replaced by different
activities or may occur in a different sequence as necessary to achieve the goals of the project within the
timeframe and budget constraints
*
note that public meetings / review opportunities may occur at various times throughout the process. Core
group to look for good opportunities to get exposure to Public. Graphic and written material will be
produced by NAC to support Key Communicators who are "working the booth". Comments to be collected
and copied to NAC and core group for review and discussion at next workshop
NACI Architecture
- 2 -
Bremerton Collaborative Siting Project
Preliminary Schedule as it relates to the Outline of Proposed Process
Exhibit B
Z Receive -known" info from Brem.erton
~ ReView.information prriride;j'--
Kick.--off meeting
, Bremerton set up KeyCemms & St~
. Meet wi parl<s
Meet wi SD, TeurMS
Prep fer Werl<shop 1
. Werl<shop 1
" I Prep fer workshop 2
Worl<shop 2
12 Develop program basis wi core group +
Develop basis for MS p<ogram wi SD
,~ Tour possible sites
1$ Prep for workshop 3
" Workshop 3
Cosl evat I refine scope
l' Prep for 'NOrkshop
Worl<shop 4
~ I Draft prelim report
" Send out 1st draft
n School board meeting
I
" I Update Draft report
Review meeting
r.. Prepare final report
~ Present Final Report
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NAC I A R C"H I TE CT U R E
April 29th, 2008
Andrea Spencer
City of Bremerton
Director of Community Development
345 6th Street, Suite 600
Bremerton, W A 98337
RE: Collaborative School Siting Project - Fe~ Schedule
EXHIBIT C
Dear Ms. Spencer:
Below is the anticipated fee schedule based on the Outline of the Proposed Process and the
related Schedule of work. The basis of this break-down for the fee is intended to allow the
payment of the fee to generally align with work performed by the design team over that time
frame.
"
National talent,
local focus
percent of
time work being estimate of fee
fra me done synopsis tasks in this .timeframe this time frame
June $
'08 15% Kick-off Meeting, Fact Finding, Set-Up 18,750
$
July '08 20% Workshops 1 and 2 25,000
$
Aug '08 25% Workshop 3, Design Alternates, Cost Evaluations 31,250
$
Sept '08 20% workshop 4, Prelim Draft Report, School Board 25,000
$
Oct '08 10% Draft Final Report 12,500
$
Nov '08 10% Final Report, Presentation 12,500
www.nacarchitecture.com
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