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03-064.00 Tan Moore Architects: Centerplace Project - Design, Bid, Construction Mgmt SvcsASS IGNNIEA NT AGREEMENT :3 0959 TAN MOOR: ARCHITECTS, P.C. THIS ASSIGNMENT is made by and between the City of Spokane Valley, a non charter code city (the "City"), Spokane County, a political subdivision of the state of Washington (the "County") and Tan Moore Architects, a professional services corporation of the state of Washington ("Tan Moore"or "Consultant"), jointly referred to as "parties". WHEREAS, pursuant to a Request for Qualifications the County sought from qualified architects proposals to design Centerplace at Mirabeau; WHEREAS, following the submittal of qualifications, the County selected Tan Moore as the most qualified firm to provide the architectural services with the County and Tan Moore ent.eling into an "Alf-PROFESSINAL SERVICES AGREEMENT, CONTRACT NIIJKBER P 3983`' (the "Contract") for the purpose of providing architectural services related to the design and development of Centerplace at. Mirabeau; WHEREAS subsequent to the execution of the above agreement the City was incorporated, WHEREAS, upon incorporation the County and the City agreed to the conveyance of certain park properties to the City through an Interlocal Agreement with the City having the responsibility to develop and maintain the properties for public purposes; WHEREAS, one of the properties transferred to the City is Mirabeau; WHEREAS, the City intends to develop Mirabeau pursuant to City Bond Resolution, Ordinance and action of the City Council in a manner consistent with the design work performed by Tan Moore; WHEREAS, the Country property bid and selected the architectural services of Tan Moore through County RFQ 99-060 and Resolution 99-0529; WHEREAS, the City is desirous of taking an assignment. of the Contract which contained additional services to include "Bid Phase Services", "Construction Administration Phase" and "Project Closeout Phase" for the purpose of completing the development of Centerplace in a cost efficient and timely manner. NOW, THEREFORE, for and inconsideration of the mutual promises set forth hereinafter and for valuable consideration received by the County, the parties agree: 1. Assignment. The County hereby assigns and transfers all rights, responsibilities and interests in the Contract to the City pursuant to Article 11 of the CADocumcnis and Set dngsWeticksb\Local Scttingffempnrtry Internet RIes10LK141ASSi6NNrFeNT AGRIMMENn.dtx ed - (10y 6 Contract and City agrees to perform all assigned responsibilities of the County set forth in the Contract from the date of this assignment. Tan Moore hereby accepts the assignment and covenants to perform the scope of work in the Contract on behalf of and for the benefit of the City. 2. Incorporation by Reference. The Contract is hereby incorporated into this assignment as if fully set forth and shall be in full force and effect except as modified herein. Nothing contained in this agreement shall be considered a waiver of any rights, responsibilities or liabilities existing under the Contract with any party entitled to assert demands, claims or suits regarding the same. 3. Administration. All references in the Contract to the "County" shall mean the "City". For purposes of administration of the scope of work_, including authorizations and requests to perform or correct. work, the City Manager or designee shall be the primary contact for Tan Moore. 4. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, stiles and regulations which reasonably relate to the Scope of Work. No substitutions of personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its set -vices and documents, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. 5. Modifications. The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without- additional compensation. Notice. Notice shall be given in writing as follows: TO TIS CITY: Name: Chris Bainbridge, City Clerk Phone Number: (509)92 1 -1000 Address: 11707 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Tan Moore Architects, F.S. Phone Number: (509) 455-8648 Address: 416 W. Sprague Avenue Spokane, WA. 99201 CADocuments and SettingsWericksoUx-al Seuings%Temparary Intemet Filcs%01.KI41ASSIGNMIEN"r AGItEE,biEi\Tr2.doe 7. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. This Assignment is made thise)2lhay of October, 2003. 04 �c1oj ,s, `( o� : 40 � ��• •P d SPIAL I L. ATTEST: VIC.KY M. DALTON CLERK OF THE BOARD R -W ela Erickson, Deputy 3 0959 Attest: icy Clerk ' Approved as to form: Acting City Attorney BOARD OF COUNTY COMMISSIONERS SPOKANE, COUI\UY, WASHINGTON J ROS Chir LEY, a HARR S, V•ce-Chair QASUN, Commissioner CITY OF SPO:K.ANF VALLEY: By:�� City Manager TAN MOORE, P.S. C:%Documents and SettingsWericksoV�caI SettingslTemporaiy Internet FAcAOLKIWASSIGN,MENIT AGREEMENn,doc 10/202003 13:10 WITHERSPOON KELLEY a 9P4773672 0912S/2803 23:29 ,9921x' CITYOFSPOKAt VVI1 " 3 095` SPOKANE COUNTY WASUINOTON - SPOKANE COUNTY PURCHASING DEPART IENT AAE PROFESSIONAL SERVICES AGREFMENT CONTRACT NUMBER P3983 NO. 166 U002 PAGE 02/14 Title: AJE Services -- s Mia Point Cc Project TOW E5dmated Contract Value: $636,927.00 Estimated Completion Dau: December 31, 2004 Coutract T�ge: Lump Sum p� and Bxpen= Not To Excecd COUNTY: Spokane County Washington GO Spokauc Coiu.ty Purchasing Department 721 N. 7e$etson, Ste 343 Spodcaae, WA 99260 Contact: David T. Raymond Phone: (509) 477-2301 Fax: (509) 477-6627 e-mail: draymond&-pokaaDcounty.org AAE: Tau Moore Architects, P.C. 416 W. Sprague Ave. Spokane, WA 99201 Contact.; lion Tan Phone: (509) 455-8648 Fax: (549) 747-2743 e-mail: tanarch@oamicastnet A p+usuantto Request For Qualifications 99-060, and Resolution 99-0529 dated June 22, 1999 Ws greement is made ou January 16, 2003 by and between. SP0"NE COUNTY, a political subdivision of the State of W4 Jo"gton hereinafter )mown as the-Cotmty' having offices for the transaction of business as listed above and the "A/B" as earned and having offices for the transact `parties"; and hereinafter of business gs listed above, jointly, hinafter referred to as the XfIEKEAS, f►urruaat to the provisions of the Revised Code of Washington, the Board of County Commissioners has the care of County property and the management of County funds and business. NOW, THEREFORE, for and in consideration of the mutual eov mlxr ally agree as follows: cnuDds and conditions set forth herein, the paorties ARTICLE 1. SUBJECT Ab1D PURPOSE Services will be provided andlor performed as outlined'in Article 20 as set forth berein by reference. ARTICLE 2. TERM 'ry ces shall be Perfnest o the as expeditiously as is consistent witb professional skill and care and the ordcrly progress of rite Work. Tlpc�n request of the Cottnly, and subject to the County's approval a scbedule for the performance of tote Services Which may be adjusted as the project proceeds, shall be submined for review and , include allowances for � pprovul. Tlxo schedule shall peiiods Of rime required far the County's review and for tfie receapt of submissions by authorities J.lausry 16,2()03 Agement P3983 Page 1 of 13 10/20/2003 13:10 WITHERSPOON KELLEY a 9P4773672 NO.166 P@e3 09%26/2003 23:29 S'321',"'CITYOFSPOKANV.- PAGE 03/14 having jurisdiction over the project AR71CLE 3. COAhLPP,1.isAnox + The County agrees to make payment in the amount and manncr stipulated in the AVecment Where will be no initial. paymeaat. Payments sball he made in monthly instr_ilmemts payable after review by the pmctasing department and autborizatioa by the head of the department that has budget authority for the work being performed. Said authoriza>;on' shall be conditioned upon the submittal of an invoioe setting forth a brcakdoam of the services arzd costs performed in providing the services as set forth. -Payment terms shall be net 30 days from receipt of the invoice and acceptance of the.doaumentation. All billing and cosrespondenet shall be mailed to Spokane County C/O Spokane County Purchasing Department, 721 N Jefferson, Ste 3 D3, Spokane WA 99260. All billing and correspondence' will clearly display the county project tmmber shown above. Moneys past due may bear a finance charge as s ipulated by lave. The cuaent rate is I% per month, ARTICLE 4. APPROVAL OF DOCUNvMT.I`l•'S The County's approval of Documents resulting from the services provided by the A/E shall not relieve the A/E from its responsibility to comply with the standard of care for performance of its services set fortis in this Agreement. ARTICLE 5. OWNMSH(P OF DOCfJIv MM All drawings, plans, specifications and outer deliverable documents undo this sgreemnent will become the property of the County without restriction, reservation Or qualification, Any reuse witbout written verification or adaptation by A/E fnr the specific Purpose intended, will be at the County's sole risk and without liability or legal exposure to A)F arising out of or resulting therefrom. Any such veri5 -.-Man or adaptation will entitle A/E to further compensation tit rates to be agreed upon by the County and A/E, AR1TCLE d. ENDORSEMEN1c OF PLANS The AJE shall seal end sign all drawings prepared for the project as required or upon request of the County. ARTICLE 7. NON-A1.SCRZMgA1I0N The A/E shall not disccimivate against any eIMployee who is employed in connection with the Work, or against any applicant for such eml handicap. abecause sensory, meatal or physical hof race, creed, color, sex or national origin, marital statt,s, or the presence of any handicap. V ARTICLP.8.INSURANCE The A/.E shall %unisb cud maintain, aU insurance as required b=ein and comply with all limits, terms and con drtions stipulated therein, at their expense, for the duration of the contract. Following is a list of requirements for this contract. Any exclusions must be pre -approved by the Spokane County Risk Management Departrxtent_ Work under t contract shall not cottlmeace nxitiI evidence of all required i1stnance and bonding is provided to the Com* of Spokaue. T.bc A/E's insurer shall Have a minimum A.M. Best's -rating of A- and shall be licensed to do business ifi the State of Waabington. Evidez ea of -uctL insu sncc shall consist of a completed copy of the certificate of irxsurariee, signed by the insurance a^ent for the A/.E and returned to the County of Spokane. The insurance policy or policies will not be canceled, xnarerially changed or altered without forty-five (45) days prior notice submitted to the department contract is executed. The policy shall be endorsed and the certificate shall reflecttbatthe tmtof poicanee is an additional named insured on the A/E's genera] liability pohey with respect to activities under the contract 'The policy sbaell provide and the certificate shall reflect that the insurance afforded applies scpar4ely to each iumn-ed aggin.4t whom cL'* is made or suit is brought except with respect to the limits of the compaay's liabi3ity_ The policy shall be endorsed and the certificate shat] reflect that the itt utnce afforded therein sba.0 be primary insurance and any insurance or self-iusM=_:,e carried by the Cou>rty shall be excess and not contributory insurance to dud provided by the A/E, January 16, 2003 Agreement P3983 Page 2 of 13 10/20/2003 13:10 WITHERSPOON KELLEY a 934773672 NO.166 0064 89/26/2003 23:29 ;9921; CITYOFSPOKANVf PAGE 04/14 7be A/E shall not commence work, nor shall the .SIE allow any subcomractor to commence work on any subcontract until a Certificate of Insurnace, =seting the requirements set forth iherem, has been approved by Spokane County Risk Managemeat Departtncnt and fU d with the Spokane County Purcbwing Department Said proof of imsumnee should be mailed m the Purchasing Department Atte. P39&3. Upou request, the A/E shall forward to the Purchasing Department the original policy, or endorsement obtained, to the AIE's policy currmtly in force. Failure of the A/E to fully comply with the insurance requirements set forth herein, during the term of the Agreement; shall be considered a tnaW ial breach of contract and cause for immediate tesma ahan of the Agreemeat at the County's discretion. Alternatively the County may procure and maintain, at the AM's sole eapense, insurance to the extent deemed proper up to the amount of the rzquired coverag4s), The County may offset the cost of such insurance against Payment due to the A/E uader ft contract, Providing coverage in, the amounts listed shall not be construed to relieve the AIE from liability in excess of such amounts. REQUIRED COVEFUGE: The insurance shall pzovide,the mini=am coverage as aet fortb below, all coverage SI,000,000.00 per occdrrmce with no deductible. GENERAL LL4BUZ'Y INSURANCE_ The A/E shall have Commercial General Liability with lirahs of $1,000,000.00 per occurrence, which includes general ag`gregnie, products, completed operation, pen oxw injury, fire damage send medical expense. ADDITIONAL INSURED ENDORSPP„MENT: General Liability hwarmce must state that Spokane County, it's officern, agents and employees, and any other entity specifically required by the Provisions of this Agreement will be speciftcally named additional insured(s) for all caverabe provided by this Policy of insurance acid shall be. fvllj and completely proteeW by tbis policy from all claims. Language such as the following should be used "Spokane County, Its Officers, Agents Arad Faatployees Are Named Additional Insured As Respects To Contract [?number)." PROOF OF AUfOMOBILB INSURANCE: The ConttActor shall carry, ibr the durntivn of this Agreement, c=Prehensive autmmobile liability coverage of $100,0M$300,000 and property damage coverage of $50,000 for any vehicle used in cor1jutictiM v,*b the provision of_wnims under d3e dentis of this Contract Said policy sban provids than it sba11 not be canceled, materially changed, or renewed without forty &ve (45j clays writtm notice pordo� thereto to SpobMe County. WORKERS COMPENSATION. When the A/E has employees of the company, the A/E shall show proof of Worker's Compensation coverage by providing its State Industrial Account Idcutifieatiou Number. Provision of this number wiA be the A/E's assurance that coverage is in effect. PROFESSIONAL LL4BIL:IT'Y INsuRANCE: The AIB shall carry Professional Liability Insurance covcragt is the minimum amount of $1,000,000.00. ARTICLE 9. NWNTENA.NCE OF RECORDS The A/E will maintain, for at least three (3) years after eompletion of oris contract, all relevant records pensioning to the contract: The AIB shall make available to the County or TheWashington State Auditor or their duly authorized rcpresLMtatives, at any time during their nonrual operating hours, all records, books or pertinent information which the A/E shall have kept in conjuccticm with this Agreement and which the Cvuniy may be required by law to include or rine part Of its (auditing procedures, an audit trail or which may be required for tho purpose of funding the services contracted for herein. ARTICLE 10. Co.WLIANCE WITH LAWS The pazties.hereto specifically agree to observe federal, state and local laws, ordinances and regulations to the extent dW they May ):lave MY bearing on either Providing any money under the terms of thio AfprCcment or the services actually January 16, 2003 Agreement P3983 Page 3 of 13 10/20/2003 13:10 WITHERSPOON KELLEY a gP4773672 _ NI).166 9005 69/26/2e.03 23:29 .9921 " ".1 CITY0FSP0KANV,7 PAGE 05/14 provides under rhe terms of thie Agreemeac ARTICLE 13. ASSIt:3NIvffiNT The A/E may Dot assign or transfer in whole or in part, its interest in this Agreement without tt depress wrin= consent of the County. ARTICLE 12. MODIFICATION No modification or amendment to this Agreement shall ba valid uuiil the same is reduced to writing, ih the form of a change order, and Lxccuted with the same formalities as this present A.greemmit. ARTICLE 13. TERNMq.ATION This Agreement may be terminated by the Cauuty upon seven (7) days written notice, In the event of termination through no fank of the A/E, the County agrees to pay the A/E for all services performed to the date of w minstion based upon actual costs and expenses incurred according to contract Payrneat will be based upon an itemized breakdown and documentation by the A/E that services have hien performed to the date of telminafm and acceptance of said docuznentat oo by the County. ARTICLE 14. VEWM STIPULATION , This Agreement has and shall be eomstzued as having been made and delivered in the State of Washington, and the laws of the Stare of Wasbing on shall be applicable to its construction and enforcement of this Agroctaem or any provision hereto shall be insfttted only in the courts of competent jwisdiction witbin Spokane Courcy, Washington. ARTICLE l S. WAIVER No offt=, employee, agent or ot:bemrise of the County, has the power, right or aut}xority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agrees mt shall be held to be a waiver of any other or subsequent breach. All iemedies a£i-ord--i in this Agement or a law shall be taken and construed as cumubdve, that is, in addition to every other remedy provided herein or by law. Failure of the Comity to enforce at any time any of the provisiarm of this Agrecment or to require at any time peribrmaaoe by the A/E of any provision hereof, shall in no way be construed to be a waiver of such provisions, .nor in any way affect the validity of this Agreement or any pari hereof or the right Of the County to hereafter enforce roe each and every such provision - ARTICLE 16. INDENEUICATION The A/E agrees to defend, irodemnify and hold the County harmless from any and all claims. including but not Limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting fzvm,, bo error, omission or negligent act of the A/E performed under this contract by the ME, its agents or employees to &e fullest extent permitted by law. The A/E's duty to indemnify the County shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from tate sole negligence of the County, its agents or employees. The A/E's duty to indemnify the County for liability for daraages arising out of bodily injury to persons or damage to property caused by or resulting i*m the coneuna-emt negligence or (a) the County, its agents or employers, and (b) AIE, its agents or employees shall apPly only to the extent of negligence of the Alts or its agents or employees. A/E's duty to defend, indemnify and hold the County harmless shall include, as to all claims, demands, losses and liability to which it applies, the County's personnel -related costs, reasonablc att.omey's fees, court costs and all other claim -related expenses. The A/E's indemnification snail specifically include 111 claims for loss liabilitybecause of wrongful paymems under the Uniform Comte=ial Cotte, or other sta toty or contractual liens or rights ox third parties, including taxes, accrued or accruing as a result of this contract or workparfonaed or materials furnished directly or indirectly because of this contract A/E a her agree'S that ttt,is duty to itadelnm* County applies regardless of any provisiow in RM Title 51 to the contrary, including but not limited to any imm1mity of A/E for liability for b;juries to A/R's workers and employees, and A/E hereby waives any such immunity for the purpose of this duty to indemnify County. January 16, 2063 Agreement P3983 Page 4 of 13 10/20/2003 13:10 WITHERSPOON KELLEY a 9P4773672 NO.166 P606 0 1'25/2003 23:29 CITY0FSP0KANVC PAGE 06/1 ARTICLE M NOTICES All notices called for or provided for in this Agreement shall be in writing and must be served on any of the parties either personally or by certified mail sent to the panes at their respective addresses bmtin above given. Notices seat by certified mail shall be deerued served when deposited in the United States mail, postage prepaid, ARTICLE I8. RELATIONSHIP OF TM PARTIES Thr panties intend that an independent contrenrar relationship will be created by thi.4 Ag eemtent. The County is interested only in the results that could be achieved and the conduct and control of al] services will be solely with tate A/E. No agent; employee, servwapr otherwise of the A/E shall be deemed to be an employee, agent, servant, or otherwise of the County for any purpose and the employees of the A/E are riot entitled to any of the benefits that the Country provides for County employees. The A/E will be solely and entirely responsible for its acts anti the acts of its agents, employees, servants, subcontractors or otherwise, during the performance of this Agreaarent, ARTICLE 19. READINGS The article beadings in this Agreement have been inserted solely for the purpose of roavenience and ready reference. In no way do they purport to, and shall not be deemed io, define, limit, or extend the scope or intent of the articles to which they appertain. ARTICLE 20. SCOPE OF WORK A. STATEMENT OF WORK; Mork will be coordinated with. Doug Chase, Director, Parks, Recreation. And GoK phone (509) 477-2720 fax (509) 477-4730. The total Scope of work consists ofsix (6) phases listed and described in Attathmeni "A" attached hereto and incorporated herein by reference, Ibc co>xtrnct work divides the scope of work into two parts: Part 1 will consist of the Schematic Design, Dcsi,p Development and Construction Documents Phases; acid Part 2 which consists of the Bid, Construction Administration and the Protect Closeout Phases, Pan 1, Schematic Design Phase, Design Development Phase, Constr zOdon Documents Phase, Additional Services and )reimbursable .Expewes is awarded effective the date of execution of this A,gecment by tha Parties. Parr 7, Bid Phase, Consaruetion Administration Phase, Project Closeout Phase, Additional Services and Reimbursable Bxpcuses will be awarded at the sole option of the County. The County makes no guamtee that Part 2 will be awarded. If Part 2 is awm-&d it •wM done so through the issuance of a Change Order which will be executed with the same formality as this Agreement B. BASIS OF COMPENSATION: Lump Sum Fee and L-xpenses Not To Exceed. Contract valne not to exceed $636,927.00 consisting of Fart 1, a ltmtpSu4n fee not to exceed $323,127.00 plus Additional Services and Reimbursable Expenses not to exceed $98,376.00 and Part 2, a limps= fee not to exceed $139,669,00 plus AddiboiW Services and Reimbursable rbq5enses not to exceed $77,755.00. Thcre will be no initial payments. Billing will be for work camplowd- Compensation is summarized below. Refer to the specific paragraphs for details. The Basic Servi= Fee Schedule lists budget estimates of A/E prices and percentage of the tow work which will be billed in the form of a percent of completion of the applicable item, Additional Services acrd Reimbursable Expenses will ba itemized and billed at the A/E's invoiced cast plus the specified allowable mark up perteutage as set forth below. January 16, 2003 Agreement P3993 Page 5 of 13 10/20/2003 13:10 W I THERSPOON KELLEY a 984773672 09/26/2003 23:29 °921; 3 CITYOESPOKANb,. NO.166 P007 PAGE 87/14 1. BASIC SERVICES: Basic compensation viJ1 >aot include fees, licenses, permits, and change orders caused by the A/.E`s errors or omissions. The budgeted amounts may be reallocatod between items as the scope and work dictates without cbangc order. FE£ SCEEDULE C08+I1?'ENSATION SL7MIVAIIAARY part Cam ��' Basic Services Fee Bztdget i6 oftbe . Adjuseni Contract Line Desai tion L fart i Part 2 1 Scb=adc Desphase S15,926.040 $0.00 2 Design Development Phase $108,631.00 $0.00 3 4 Construction Documents Fbase $iddin , Phuo $196,570.00 $0.00 $0,00 $10,346.00 S ConstMction/Cor&act Administration Phase $0.00 $118,977.00 6 1 Project Com letioa/ClaseoutPhase $0.00 $10 46.00 part 2 Bidding phase $30,346.00 Sub Total $321,127.00 $139,669.00 23 Fee Sub Total Parts 1 & 2 = $460,796.00 2 Additional Services Amd Reimbursable Expenses Budget Sub Total Part 2 = S139,669.00 7 Life le Cost An sis $15,750.00 $0.00 8 Civil En eerinWL=dlsea a Architect $63,201.00 $22,794.00 9 Kitchen Consultant Allowance $1925.00 $0.00 10 Sols ComsnitaxttAllowance $10,500.00 50.00 11 plan Review Fee Allowance $0.00 $9,400.00 12 NREC Review Fee Allowance $0.00 $2,625.00 13 Fumisbinss Specification & Dr ftg Fre aration $0,00 $33,436.00 14 Bid Set Printina Allowance 50.00 $10,500,00 Reimbursables/Addifiopal Services Sub Total = $98,376.00 $77,755.00 Additional Services And Reimbursable Ex nses Sub Total = $176,131.00 Total Estimated Contract Value = $636.927.00 1. BASIC SERVICES: Basic compensation viJ1 >aot include fees, licenses, permits, and change orders caused by the A/.E`s errors or omissions. The budgeted amounts may be reallocatod between items as the scope and work dictates without cbangc order. FE£ SCEEDULE part Cam ��' Lump Sum i6 oftbe . Adjuseni Contract Amo&at total fee' Amount Pact 1 Schematic Dasip Phase $72,421.00 14 556,495,00 $15,926.00 Part 1 Design Development Phase $10$,631.00 21 ,$108,631.00 Part: l Construction Documerits Phase $196,570.00 38 $196,570.00 Sub Total Pati 1 = $377,622.00 73 1 556,495.00 $321,127.00 part 2 Bidding phase $30,346.00 2 $10,346.00 Part2 Construction/ContractAdminis atiattpbase $118,977.00 23 $118,977.00 Part 2 Project Closeout phase $10,346.00 2 $10,346,00 Sub Total Part 2 = S139,669.00 27 $139,669.00 Total Contract Fee Value = $517,291.00 100 $56,495.00 $460,796.00 An a.dj ustment of $56,495 has been applied got work Schematic Desiga work completed twder contract number 99-060 2 Completion of the Project Closeout Phase is the date that the County accepts the A/E's recommendation that the projeatbe accepted as 100% complete (not substantially oompleted). January 16, 2003 Agreement P3983 Page 6 of 13 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The table entitled "A/E Employee Rate Schedule" contains confidential cost and rate data and is redacted from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. 10/20/2003 13:10 WITHERSPOON KELLEY 4 9P4773672 N0.166 P008 09/26/2003 23:29 99211 9 CITYOFSPOKANVC' PAGE 08/14 2. ADDMO14AL SLRVICE$: Performance of work tmder this paragraph must have 66 prior written approval of the Co=ty unless otberwise noted. (a) Employees of the A/E: Prices will remain firm ft the duration of the contmct Employee additional services shall be hourly based up=the following schedule: A/E EMPLOYEE RATE SCMDULE Per REDACTED (b) Special Consulting Stavices: When oaataiaivag special eonsuiting services not normally associated with a pmleot, the fee may be outside of the above guidelines (such as expert witness or special investigadons), and shall be charged using a ms)dmum multiplier not to exceed 1.05 times the amount bided to the A/E for such services. The A/E sball direct the work of all sub -consultants on the Project. Authorization is given for a Special Consulting Service budget not to exceed $121,170.00. The budget allocation is $98,376.00 for Contract paxt 1 'and $22,794.00 for Contract pact 2. The budgeted amounts may be reallocates between items and contract parts, with County aK roval, as the scope and work di=nes wftout abate order. Additional services must have the prior- written appzoval of the County. January 16, 2003 Agreement P3983 Page 7 of 13 SPECrAY. CONSTTLTING SBR VICES BUDGET SUMMARY Item Desert 'on Part I fart 2 I L cle Cost Analysis $155750.00 $0.00 2 Civil ft9metrin-WLandscape Arthitect $63 201.00 $22 794.00 3 Kitchen Consultant Allowance $8,925.00 $0.00 4 Soils Consuitattt Allowanee SI0,S00.00 $0.00 Additional Services Allowance Sub Total = $98,376/.00 S22,794.00 Additional Services Allovmuce Total = $121,11L.00 January 16, 2003 Agreement P3983 Page 7 of 13 10/20/2033 13:10 WITHERSPOON KELLEY 4 9P4773672 _ NO.166 P209 63/26/2003 23:29 )9921"` ;I CITYOF5POKANv=--PAGE 09/14 3. REMMUR SA13LE E 2ENSES: Reimbursable expenses will be billed at cost times a maxiWam muttliplier not to exceed 1.05 unless otherwise stated. Additio nal reimbursable expenses must kava the prier written approval of the County. Autborization is given for a reimbursable expense budget not to exceed $54,9b1.00. The budget allocation is $0.00 for ConUaet Part I and $54,961.00 ftu Contract Part 2. The budgeted 8=curlts may be reallocated betwera items and contract parts, with County approval, as the scope and work dictates without chn nge order. Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses by the A/E and the.A/E's employees and consultants in the interest of The Project and shall cover: (a) All application, processing, and recording fees, and review fees associated with the Pmlect (fees paid for securing; approval of authorities haviag jurisdiction over the Project). ITFIW= BUDGET EXPENSE SCHEDULE RE VIBURSABLE EXPENSE BUDGET SLIN54ARY Item Descri tion Part 1 I item tion Part l Part 2 1 Plan Review Fee Allowance $0.00 $8,400,00 2 NREC Review Fee Allowance $0.00 $20625.00 3 -FurA!qbjDgs SpEificabon & Dravvin& Pre wadon $0.00 $33,436.00 4 Bid Set Printing Allowance $0.00 $10,500-00 Reimbursable Lanse Allowance Sub Total = $0.00 $54 61.00 Total Reimbu:sdble _ $54,961.00 Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses by the A/E and the.A/E's employees and consultants in the interest of The Project and shall cover: (a) All application, processing, and recording fees, and review fees associated with the Pmlect (fees paid for securing; approval of authorities haviag jurisdiction over the Project). ITFIW= BUDGET EXPENSE SCHEDULE Item Descri tion Part 1 I Part 2 1 plan Review Fee Allowance $0.00 S 400.00 2 NREC Review Fee Allowance $0.00 $-4625.00 imbulsabie Exp=e Allowance Sub Total = $0.00 $11,025.00 Total Reimbursable LA eases a = 1 $11,015.00 (b) Field .investigations, or special smdits not perl'o=ed by the A/E. ITE MED BUDGET EXPENSE SCHEDULE Item Desai tion Pmt 1 Part 2 l Furnishings,Procurement Allowance $0.00 $33,436.00 Total Reimbursable enses 3b = $33 436.00 (c) P-Venses in connection with authorized out-of-town travel, if out-of-town work is not anticipated for this projccr� eta direct c.-xprnses for such travel shall only be incurred after prior aozsWtadon witb. the County (expense of transportation in connection with file Project). (d) Telephone and Pacsimt3e: (1) Long-distance not to excaed $0.28 per minute (2) Local. No reimbursement (3) Fax chazges not to exceed $0.10 per page (4) Cell phone ebarges (included) January 16, 2003 Agreement P3983 Page 8 of 13 10/20/2003 13:10 WITHERSPOON KELLEY 4 9P47736?2 N0.166 P010 09/26/2003 23:219 3921? C1TY10FSP0KAM/G PAGE 10/14 (e) -Printing costs: (1) Bid sets, reports, specifications, final products Item Reimbursable Expense Schedule Part I Part 2 1 Bid Set Printin Allow--- So.00 Slo 00.00 Total Reimbursable Expeares _ I $10 00.Otl (2) Correspondence, check prints, file copies, etc.. (No reimbursement) (3) Office copy charges not to exceed $0.0375 per page (fl Equipment rental only if,uaique to this type of project Prior approval required. (g) Office computer hardware and software charges, inclaftg CAD, included NOTF— The A/F will make referenze to the County project number am all pay requests and documents associated with the project All pay requests vnll be numbered sequentially begbmiing with "Pay Request 1". ARTICLE 21. CONTRACT DOCUMENTS Iiia Contract Documents consist of those listed below. Thmse forts a contract and all are as -fully a part of the Contract as if attached to this Agreement or repeated herein. In the event of any inconsistency between the provisions of this Agreement and the other listed documents, the provisions of this Agreement control, I. CbmW Orders; and 2. This Agreement; and 3. Request For Qualificp4ons "-060 ARTICLE 22.OTM R EMPLOY T14T This Contract is not an exclusive services Agreement. completing the work set fob herein. The A/E may take on other professional assigamumts while ARTICLE 23. PAYNENT OF TAXES 'Ibis Contract is for the employment of the A/E as an independent coatraetor. The A/E holds that they are an independent contractor doing business as listed above awd is solely responsible for paying any and all traces associated Reith the work of this Agreement including but not necessarily limited to income and social security taxes. ARTICLE 24. ALL WRITWGS CONTA NED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. Pio other uundersmndings, oral or otherwise, regarding the subject matter of this Agreement shall be deemee to exist or to bind any of the parries hereto. The A/E has read and understands all of this Agreement, and now states that no representation, promise, or Agreement not expressed in WS Agreeuucttt has been made to induce the A/E to execute the same. January 16, 2003 Agreement P3983 Page 9 of 13 10/20/2003 13:10 WITHERSPOON KELLEY 4 9P4773672 NO.166 P011 09/26/2003 23:29 r 3921:' CXTYOFSPOKANV( PAGE 11/1-4 IN W1D%T?SC WIMRIEOF, the parties hereto have caused this Agreement to bs exacu`vd on the day and year set forth herein above. - ATMST: VICKY NC DALTON CLERK OF TSE BOARD Title: (Nocuy nx canestues sipMM) STA'L'E OF .A) County offf� ►.• • . e • • 1 j 1 • -• Roskelley, Chair Philiip D. Harris, Vice: -Chair M. Kate McCa.slin A/E BY (type of avdtority, c -g, officer, trustee, etc-) RortAlj> 14, T-aW -- PRfi°, w9trT -004 - W"R x, -3W4.&C6-. I certify that I know or have salishdory evidence that h A i rya I Q !.—I (,on = of n) is the p=on who appeared before ine, and said person acknowledged *A -f be/sbe signed this kstrsmomt, on osrth stared thai he/she was authorized to execiite the instrument and acknowledged it as the type ofsuthority, as lisw above, ofthr- Contractor to be the free and vohwtary act of such party for the uses and pmposes mentioned in the instr ument ..,11 llll •-- DARED{? dayofn 2003, tj NOTARY PUBLIC THE STATR OF V msiding . My commission expires January ld, 2003 AgmementP3983 page 10 of 13 10/20/2003 13:10 ....` WITHERSPOON KELLEY 9P4 a3672 Np.166 P012 69/26/2003 23:29 3921:' CITYOFSPOKANVr PAGE 12/14 ATTACHMENT "A" Scope of Services, Budget And Fee Estimates - CenterPlace A. fanatic Desi Phase- Update current Schema to include upper story for education wing. The education wing 2" level will include 8 classrooms per the attached program. Circulation will be adjusted and extended on the 2"a level to accommodate the additional programmed area. Additional required stair at the end of this wing will be configured. Location of elevator will be studied to determine if a more central location is appropriate. Additional area for mechanical requirements will be identified. Meet vAth owner to review updated 2"d floor layout and revised exterior elevations. December 15 thru January 15 2003 B. Design DevaloamenI Phase: After 2 -week owner review of the schematic design, we will finalize tine design. Plans, sections, and elevations will be updated and developed in CAD format, mechanical and electrical systems will be identified and developed, and the cost estimate will be updated. Site layout wall be refined for building footprint location,, parking, and oilier site amenities. Coordination for the required life -cycle cost analysis will occur. Coordination with kitchen eonsuftant, survey, and soils testing Wil occur. Periodic meetings with owner will occur to review progress. The Design Development documents shall include specifications that identify major materials and systems and establish in general their quality levels. February 1 thru April 1 2003 C. Construction Documents- Construction documents will be prepared based upon the final concept design and project budget. Construction documents will set forth in detail the quality. levels of materials and systems required for construction of the Project Detailed architectural, structural, mechanical, electrical, and fire sprinkler drawings and specifications will be produced. Civil, Landscape Architectural, Kitchen Equipment, and FF&E plans and specifications will be coordinated and included as separate bid items or included with the A/E documents at owner direction, par the separate line items identified in the project budget breakdown. The Architect will compile the Project Manual that includes the Conditions of the Contract for Constructor and Specifications and may include bidding requirements and sampte forms. We will assist the Owner in the development of bidding and procurement information and the Contract for construction. / April 1 thru August 1 2003 v Additional services that may occur under 2nd contract include: D. Bid base services: Bid do=m9nts wol be submitted to the permitting authorlty and we will incorporate appropriate review comments. Bid phase senrices will include the issuing of bid documents, participation in the pre-bid conference, response to questions from prospective bidders, development of addenda to eJarify the documents, participation in the bid opening, and making a recommendation based upon the bids received. August thru September 2003 E. Construction Administration Phase: Construction Administration services will include site visitation at a minimum of bi-weekly. Also included are review and approval of shop drawings, responses to Contractor requests for information, preparation and review of change order proposals and change orders, review and approval of Contractor application for payment, and the preparation of punch lists. Late September 2003 thru September 2004 Jaaumy 16, 2003 Agreement P3983 . Page 11 of 13 30/20/2003 13:10 WITHERSPOON KELLEY 4 9P4773672 NO.166 0013 09!26/2003 :29 )9217; \. CITYOFSPOGC:NVt PAGE 13/14 2 F. ����War)Ce hese servicas include monitoring the punch fist completion, review of manuals, review of record dings and preparing recommendations for acceptance of the project as complete. September 2004 7Bauary 16.2003 Agmtzent P3983 ;Page 12 of 13 10/20/2003 13:10 WITHERSPOON KELLEY 4 SP4773672 39/25/2003 23:2: 19215 CYTYOFSPOKANV(- Mirabeau Point CenterPlace Full build-otit - 50,794sf 1 Construction Cost Estimate - Full Build -out (50,794sfl z Sales Tax 8.1%Of Fine 3 3 Ero'eot r -oats: 4 Land Acquisition S Furnishings 6 Special Inspectionsfraz6ng Allowance 7 Project Contingency 8 Architectural Fees s Add for design of education vAng 2nd level 10 Subtract previous fees 14 9,0% of Fyne 1 7.31% of fine 1 Additional Services And Reimbursables: 12 Bid Set Printing Allowance -- 13 Plan Review Fee Allowance 14 Lifecycle cost analysis 18 NREC Review Fee Allowance 16 Civil Engineering/Landscape Architecture 17 Kitchen consultant allowance 18 Furnishings procurement allowance 5.0096 of line 5 19 Solis consultant allowanoo 20 Travel allowance 21 Long distance telephone allowance 22 5% markup on reimbursables (allowance) included • 23 Schematic Design 24 Design Development 25 Construction Documents I 26 Bidding Phase 27 Construction Administration 2a Project Closeout 29 85,995 adiustments _. NO. 166 P014 PAGE 14/14 D8A06M $7,076,484 VQ' 573,194 , RTS• $7,649,658 $ 500, 000 $ 636,882 $ 8,000 $ 286,147 entire project through including documents construction I I phase oniv $ 517,290 8,40 $ 377,622 $ 12,280 $ $ 12,260 $ 68,77 15,750 $ (68.7751 $ 460,7 $ $ 321,127 M OM1 $ 8,40 $ - $ 15,750 $ 15,750 $ 2,625 $ - $ 85,995 $ 63,201 $ 8,925 $ 8,925 $ 33,4 $ - $ 10,500 $ 10,500 $ 4 $ - inCluded included $ 976,131 $ 98,376 14% $72,421 ($56,495) $15,926 21% $108,831 $108,631 38% $196,570 $196,570 2% $10,346 $10,346 23% $118,977 $118,977 2% $10,346 $10,348 100% $517,290 $460,795 January 16, 2003 Agre.ment P3983 page 13 of 13 { NO. - 3 0959 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING AN ASSIGNMEI\'T AGREEMENT WITH THE CITY OF THE SPOKANE VALLEY WITH REGARD TO Till: TAN MOORE ARCHITECTS, P.C., AGREEMENT FOR ARCHITECTURAL SERVICES RELATED TO THE DESIGN AND DEVELOPNfEN'T OF CENTERPLACE AT MIR.ABEAU POINT -- 5 RESOLUTION WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Conlnvssioncrs of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of chapter 39.80 RCW, Spokane County designated, under Spokane Cowity Resolution No. 99-0529, Tan Moore Architects, P.C., as the most highly qualified firm in conjunction with RFQ 99 -060 -architectural services related to the design and development of Centerplace At Mirabeau Point; and N'IEREAS, pursuant to the provisions of the above -referenced recital, Spokane County executed an Agreement with Tan Moore Architects, P.C., dated January 21, 2003, under which Tan Moore Architects, P.0 agreed to provide certain architectural services for the Centerplace project at Mirabeau Point; and WHEREAS, Spokane County has executed an agreement with the City of Spokane Valley to transfer certain park properties owned by Spokane County to the City of Spokane Valley, one of which is that property known as M.1rabeau Point on which Centerplace is to be constructed; and WHEREAS, the City of Spokane Valley intends to develop Mirabeau Point and _ul connection there-,ith is desirous of accepting an assigmnent of that Agreement executed between Spokane County and Tan Moore Architects, P.C., under Resolution No. 99-0529 and dated January 21, 2003. Page 1 of 2 g 3 0959 NOW, THEREFORE, BE IT ]JEREBY RESOLVED by the Board of County Commissioners of Spokane County, that either the Chairman of the Board or a majority of the Board be and is hereby authorized to execute that document entitled "ASSIGNl Ewr AGRErMP,I\I T' TAN MOORS AttC14ITEC'rS, P.C." pursuant to which, under certain terms and conditions, Spokane County, Tan Moore Architects, P.C., and the City of Spokane Valley will agree to assign that Agreement dated January 23, 2003 between Spokane County and Tan Moore Architects, P.C., from Spokane County to the City of Spokane Valley. PASSED AND ADED thiso2c1aY of az , 2003. 0, coM.41"yam BOARD OF COUNTY COMMISSIONERS PO OUNTY, ` SHIINGTON •uEAL O _ OS LEY, Chair 'Olt ATTEST: , VICKY M. DALTON CLERK OF THE BOARD fl' • 14 A S, Vice Ch it BY: / • A0 anicla Erickson, Deputy M. KA CCASLN HAResvtution;\tan moan architects assipment 102403.doe Page 2 of 2 ;t