93-68 Prochaska and Associates - Architechural/Engineering Design for Kodiak Island Hospital Remodel and AdditionBox 1703
Kodiak, AK 99615
February 2, 1994
Kodiak Island Borough Assembly
Jack McFarland, Chairman
710 Mill Bay Road
Kodiak, AK 99615
Dear Borough Assembly Members,
You have shown your commitment to making dependable high-quality hospital
services available locally and have set a reasonable course. I encourage you
to move forward by remaining united in fulfilling the hospital architectural
contract with Prochaska and Associates.
I appreciate your concern about future funding. However, considering the
lengthy study documenting Kodiak Island hospital needs and problems with
code violations, plus 70% voter approval on the bond issue, you have good
reason to proceed with Phase I in spite of the risk that State funding for future
phases is not 100% guaranteed. Wavering now presents an equally grave risk
-- that of jeopardizing funding by not resolutely doing what we have in our
power to do.
Thank you.
Sincerely,
in�/
l G� V
Carol Hegel
t0"ECEIVED
FEB 0 21994
Kuuir.,. t3L ND 3UHUUUr
CLEHK'S OFFICE
"W1ehd4, .
C4717AA4*
Barbara J. Stevens C43 -(Or
1719 Selief Lane
Kodiak, Alaska 99615
11►�af�Y
February 1, 1994
TO: Borough Assembly Members Austerman, Burt, and Hancock
FROM: Barbara Stevens, 1719 Selief Lane, Kodiak, Alaska
RE: Kodiak Island Hospital
In the past 12 years, my family and I have availed ourselves of most of the services that
Kodiak Island Hospital offers — in-patient and out-patient surgery, emergency room,
xrays, CAT scans, etc. Given the choice of local or off -island treatment, I always chose
Kodiak Island Hospital for my family and myself. Given that same choice today, I
would reconsider -- not because of the care I received (which has always been excel-
lent) but because the hospital has become dangerously outdated, overcrowded, and in
violation of several state and national safety codes.
It has been proven time and time again that the current facility is outdated, overcrowded
and potentially unsafe for in- and out- patients as well as those who live and work there.
In December, after studying this issue from every possible perspective, you finally
agreed by unanimous vote to award the architectural contract to Prochaska & Associ-
ates. Now you're not so sure!
I urge you, Mr. Austerman, Mr. Burt, and Mrs. Hancock, to reconsider your position to
delay implementation of the architectural contract with Prochaska. Mayor Selby has
assured you that Phase I could be completed with the bond money approved by your
constituents and cash on hand. You have done your job well by studying, researching
and discussing this issue at length. It's time for urgently needed action. I urge you to
move forward and implement this contract.
cc: Kodiak Island Hospital Advisory Board
°_7 NED
FEB 0 2 1994
wuwn ,irvu J0HUUGH
CLERK'S OFFICE
KAREN E. BENDLER
JOEL H. BOLGER*
C. WALTER EBELLA
DUNCAN S. FIELDS
DIANNA R. GENTRY
MATTHEW D. JAMIN
WALTER W. MASON*
ALAN L. SCHMIIT
JAMIN, EBELL, BOLGER, & GENTRY
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
323 CAROLYN STREET
KODIAK, ALASKA 99615
TELEPHONE: (907)4B6-6024
FACSIMILE: (907) 486-6112
REPLY TO KODIAK OFFICE
'AOYITTED TO /rtABIfA
NO WNXINOTpI BM9
NL OTHFJt8A0YRTEOTO
MA91fA BM1R
February 1, 1994
VIA FACSIMILE
Jack McFarland, Presiding Officer
Kodiak Island Borough Assembly
c% Borough Clerk's Office
710 Mill Bay Road
Kodiak, AK 99615
Re: Prochaska Contract Review
Our File No. 4702-483
Dear Mr. McFarland:
ANCHORAGE OFFICE:
12001 STREET, SURE 704
ANCHORAGE,ALASK499301
TELEPHONEAHD I"
(907) 278.8100
SEATTLE OFFICE:
300 MUTUAL LIFE BUILDING
SOB FIRST AVENUE
SEATTLE, WASHINGTON 99104
TELEPHONE: (206) 822-7634
FACSIMILE; (206)623-7321
hLZCEIV
FEB 0 21994
KOD CLERKS 080FFIEOUGH
This letter is in response to the telephone question from Assembly members
Austerman and Burt requesting a review of the architectural contract between the Kodiak
Island Borough and Prochaska and Associates for the Kodiak Island Hospital and Care
Center. The questions presented to me by the clerk included the following:
1. Can the contract with Prochaska be canceled or postponed?
2. What are the repercussions of cancellation or postponement of the contract?
I am assuming for purposes of this letter that the cancellation or postponement of
the contract does not result from any failure by Prochaska to perform in accordance with
the terms of the contract.
There is no provision in the contract for termination without cause unless the
project is permanently abandoned. Sections 10.2 and 10.3 of the contract provide as
follows:
10.2 This Agreement may be terminated by the Owner upon
at least seven days written notice to the Architect in the event
that the Project is permanently abandoned.
Jack McFarland, Presiding Officer
February 1, 1994
Page 2
10.3 In the event of termination not the fault of the Architect,
the Architect shall be compensated for all services performed
to termination date, together with Reimbursable Expenses
then due and all Termination Expenses as defined in
paragraph 10.4.
In addition, there is a special provision of the contract which applies to the
suspension of the project for a period of more than three months as follows:
6.4 Project Suspension or Termination.
6.4.1 If the Project is suspended or abandoned in whole or
in part for more than three months, the Architect shall be
compensated for all services performed prior to receipt of
written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then due
and all Termination Expenses as defined in paragraph 10.4.
If the Project is resumed after being suspended for more than
three months, the Architect's compensation shall be equitably
adjusted.
The provisions for project suspension or abandonment include compensation for
termination expenses. Termination expenses are defined in § 10.4 of the contract as
follows:
10.4 Termination Expenses include expenses directly
attributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total Compensation for Designated and
Additional Services earned to the time of termination, as
follows:
.1 Twenty percent if termination occurs during the Pre -
Design, Site Analysis or Schematic Design Phase; or
.2 Ten percent if termination occurs during the Design
Development Phase; or
.3 Five percent if termination occurs during any subsequent
phase.
Jack McFarland, Presiding Officer
February 1, 1994
Page 3
In summary, there is no provision in the contract for a termination of the architect
without cause unless the project is permanently abandoned. In other words, there is no
provision which allows the Borough to terminate Prochaska and then hire another firm if
the project is resumed.
If the project is permanently abandoned, then the expenses to the Kodiak Island
Borough for contract termination would include the following:
Compensation for services performed prior to the termination date,
2. Reimbursable Expenses, and
3. Termination Expenses which include expenses directly attributable to
termination plus 20 percent of the total compensation earned to the time of termination
(assuming that the termination occurs during the Pre -Design, Site Analysis or Schematic
Design Phase).
If the project is suspended for more than three months, then the compensation for
which the Borough would be liable includes the following:
Compensation for services performed prior to the notice of suspension,
2. Reimbursable Expenses,
3. Termination expenses including expenses directly attributable to termination
plus 20 percent of the compensation earned to the time of termination, and
4. An equitable adjustment (i.e. renegotiation or arbitration) of the total contract
compensation upon resumption of the project. You may also want to consider any
increased costs which are not compensation paid to the architect, that is increased costs
of financing or construction attributable to the delay in the project.
Feel free to contact me if you have any questions.
Sincerely yours,
JAMIN, EBELL, BOLGER & GENTRY
I H. Bolger
JHB:srp
cc: Jerome Selby, Mayor (via fax)
4702\483L.001
M
Kodiak Island Borough
AGENDA STATEMENT
^__,.... L.... 1 a 1 Q04
ITEM NO. 12.D. 3.
Contract No. 93-68
;VLWW v,. ..... _. _ _. - - -
ITEM TITLE: Kodiak Island Hospital Remodel and Addition,
Design Services
SUMMARY STATEMENT:
Under the direction of the Borough Assembly, the Engineering/Facilities Department
has begun Architectual/Engineering Design negotiations with Prochaska and
Associates. Proposal from Prochaska in the amount of $1,752,000 was received
on 12/6/93. This amount represents 10% of the estimated $18,128,700 total
cost. This amount falls within the industry standard amount for such services.
Request approval for Mayor to negotiate contract in an amount not to exceed
$1,752,000.
FISCAL NOTES ACCOUNT NO.
[ ] N/A Expenditure Amount
Required Budgeted
APPROVAL FOR AGENDA: ,, y
Kodiak Island Borough
December 16, 1993
TO: Kodiak Island Borough Assembly
Jerome Selby, Mayor - Kodiak Island Borough
FROM: Steve Hobgood, Dir. - Engineering/Facilities Dept.
SUBJECT: Kodiak Island Hospital Addition/Remodel A/E Contract
Prochaska and Associates
01-4Y 3-6
At the direction of the KIB Assembly, the Mayor's office and the Engineering/Facilities
Department began negotiations with Prochaska and Associates of Omaha, Neb. Their
initial proposal to provide A/E services for the design of the Hospital's four phase, four
year plan was $1,752,000.00 plus reimbursables. Prochaska has estimated their expected
reimbursables for hotel, transportation, phones, meals, copies, etc. at $240,000 over the
four year phase. The E/F Department has estimated reimbursables at $180,000 to
$200,000. After several offers and counter-offers, the Borough Administration and
Prochaska and Associates have tentatively agreed upon a fee of $1,840,000.00 including
all reimbursables on a Stipulated Sum Contract, no escalation costs or clauses, design
services for the relocation of the existing house on the site to another location on the site,
to perform all design and application requirements for Grants, and that the contract is
contingent upon State matched funds being available to complete the last half of the
project as planned.
This total comes to 10.15% of the total estimated project cost of $18,128,700.00. This is
below the average cost and standard for a project of this type. Making this a Stipulated
Sum Contract including the reimbursables allows the Borough to have a firm A/E budget
to work with and allows the Borough to have the flexibility it needs to complete a project
of this magnitude with their required budget.
Recommend award of this contract to Prochaska and Associates in the amount of
$1,840,000.00 as stipulated above and verified by the attached change in contract.
DEC -16-'93 THU 17:49 ID:PROCHRSKR & ASSOC.
TEL NO:402-334-096e #079 P02/02 .1
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to
the Architect, and the other Terms and Conditiont of this Agreement, as follows:
14,1 AN INITIAL PAYMENT of None dollars (i -0-
shall be made upon execution of this Agreement and credited to the Owner's account as follows!
14,2 COMPENSATION FOR DESIGNATED SERVICES
14,2.1 FOR DESIGNATED SERVICES, as identified and described in the Scope of Designated Services attached to and
made a part of this Agreement, and any other services included In Article 15 as part of Designated Services, com-
pensation shall be computed by the following methods for the particular Services so Indicated In the Scope of
Designated Services: See Method E.
Were Identify aptr ofcompirmolfen, Including fixed amo Vag, Niel, muhlple, m penrnuya, u eptirs"Wr, and Nrntlly Ms... Iv whh, pr,Ih„ Ir,
malhadl W Wenpematlon appN„ N approprq;ed
METHOD A: MULTIPLE OF DIRECT SALARY EXPENSE
Compensation for services rendered by Pri 6PAIS and employees shall be based on a multiple of
( ) times their Direct Salary Expense is defined In Paragraph 4.1, and for consultants as
described in Subparagraph 14.4.2.
METHOD B: MULTIPLE OF DIRECT PERSONNEL EXPENSE
Compensation for sen -ices rendered by Principals and employees shall be booed on a multiple of
( ) times their Direct Personnel Expense as defined in Paragraph 42, and for consultants as
described in Subparagraph 14.4.2.
METHOD C: PROFESSIONAL FEE PLUS EXPENSES
Compensation shall be,based on a Frofesslonal Fee of
dollars (S )Plus compensation forsif servicestimes their Delrectb(Salary) (Personnel) nnel Eals grid xpense asased on a defied in Arttf•
Cie 4, and for consultants as described in Subparagraph 14.4.2,
METHOD D: PERCENTAGE OF CONSTRUCTION COST
Compensation shall be based on percent ( ek) of the Construction Cost as defined
in Article 3.
METHOD E: STIPULATED SUM
Compensation shall be a Stipulated Sum of One Million Eight Hundred Forty Thousand dollars
A$ 1,840,000).
METHOD F! HOURLY BILLING RATES
Compensation for serylees Pandered by Principals and employees shall be based on the following hourly rates,
and for consultants as described in Subparagraph 14.4.2:
1, Principals' time at the fixed rate of dollar (S ) per hour. For the purposes
of this Article, the Principals are:
2, Supervisory time et the fixed rate of dollars tS 1 per hour. For the purposes
of this Article, Supervisory personnel Include those in the following positions:
S. Technical Level 1 time at the fixed rale of dollars (11 ) per hour. For the
purposes of this Article, Technical Level I personnel include those in the followint positions:
4, Technical Level a time at the fixed rate of dollars ($ ) per hour. For the
purposes of this Article, Technical Leval If personnel include those in the following positional
S. Technical level III time at the fixed rate of dollar Is ) per hour, For the
purposes of this Article, Technical Level III personnel include those in the following positions:
AIA DOCUMENT BIM r DWONATSO aRRVICIS AOR1eM1Nt • NOVSAgga 1x17 0017ION • AIA 9 r O 1177 /161.1977 9
THS AWRICAN INITITM OF AtCHIT1C S, Ira NEW VORx AVENUS, N.W., WASHINOTON, D.C. 2=
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Project Name, Number & Location
CONTRACT
CONTRACT CHANGE ORDER
Contract No. <,
Change Order No.
Amount of Contract & Change Orders
J. L k. -
J -) ,.:.GU
The time provided
become an amen
Accepted By:. -
of the contract is (unchanged) (increased) (decreased) by
�,. %4,3a nmwnns of the contract will apply thereto
Date
Date
Recommended'
Facility Coordinator
Approved By: contracting 0111N,
-----------------
Original to Facility Copra
Canary to Contractor
Pink to Project Inspector
* 1 / , CV U . J ,
dDCUMOW
Date
C&APrwvbng
& C"- Culla
rigina'Contract
Original Contract
)a
Previous Changes
Previous
Contractor
I V
s C g
This Change
Contract
Adjusted Co tr
Cost
Description of Change
J. L k. -
J -) ,.:.GU
The time provided
become an amen
Accepted By:. -
of the contract is (unchanged) (increased) (decreased) by
�,. %4,3a nmwnns of the contract will apply thereto
Date
Date
Recommended'
Facility Coordinator
Approved By: contracting 0111N,
-----------------
Original to Facility Copra
Canary to Contractor
Pink to Project Inspector
* 1 / , CV U . J ,
dDCUMOW
Date
C&APrwvbng
KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99615 Contract No. cs_t s Change Order No. 9
Project Name, Number & Location Amount of Contract 8 Change Orders
KODIAK ISL HOSPITAL ADDN/RENOYATION
Original Contract S 1.840.000.00
425-540-452-140-95-4
Previous Changes 17,070.00
Contractor
This Change 2,500.00
PROCHASKA S ASSOCIATES Adjusted Contract
11317 CHICAGO CIRCLE OMAHA NE 68454-2633 $ 1,859,570.00
Description of Change Cost
ARTIST RENDERINGS OF HOSPITAL AS REQUESTER BY JEROME SELBY
2,500.00
The time prov►ded forcoMONion of are contracts (undraw) by -0- calendar days. This &CIA rKshall
become an amandmanfto are confractand ad i ions of are conblct w►►1 aPP1Y dwOb
Accepted By: } ` _v J Date (5— ..��^
Contractor's Representative
Recommended: J �� 4 '\ t` c �'/ Date -w ' e - I
Facility C or inator,�
Approved By: �w - /�'� L i Date
Original to Facility Coordinator
Canary to Contractor
Pink to Prolsot Inspector
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
Contract No.
CONTRACT CHANGE ORDER
93-68 Change Order No. 3
Project Name, Number & Location
KODIAK ISL HOSPITAL ADDN/RENOVATION
Amount of Contract & Change Orders
Original Contract .$ 1_g4n_jM fm
425-540-452-140-95-4
Previous Changes 19 570.00
Contractor
PROCHASKA & ASSOCIATES
This Change 350.68
Adjusted Contract I� Sri 9Z0 �a$
11317 CHICAGO CIRCLE, OMAHA, NE 68154-2633
Description of Change
Cost
OBTAIN PROFESSIONAL FULL SIZE PHOTOGRAPHS OF RENDERING.
350.68
the tlme provided for compf�fori ofthe contralx ls(urKahangsdJXMdNUAtlf14g1Np6IpNfAI
become an amendment to ON contract and al provialow of do wn&W Will
bl' -0- Calendar days This olownera shad
ttrereto
Accepted By: T
Contractor's Representative
Date
Recommended:
Facilly Co rdinatoU
Date
Approved By: -- --
Cohtracting
Date 3 / < L4 t `/l.7�
pies: original tD Fadlity Coordlnitor RYeM In Kochk Alukabr C&APrk*v kn
Canary to Contractor
KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER
710 MILL BAY ROAD
KODIAK, ALASKA 99616 Contract No. 93-68 Change Order No. 4
Project Name, Number & Location Amount of Contract &Change Orders
Oriail l Contract $ 1 9840 9000 .00
42ti rnn n52in11i a
Previous Changes
Contractor
This Change
Adjusted Contract
111; CWTCAQQ Will WAIIA. Ilk 6l 2633----7—
Description of Change
UESIM CONDUIT, OUTLETS & CABLE TRAY FOR DATA COhMUN'ICATIONS SYSTEM FOR
KODIAK ISLAND HOSPITAL.
The time provided for completion of the c0ntlact
Wool an amendment to fie oonhW and a1 p
Accepted By:
on a or sen at
Recommended:
Approved By:
Original to Facility Coordinator
Canary to Contractor
Pink to Protect Inspector
by -0-
22,899,.E 61
I, SV,313,L j
;uati>I-�
Cost
days. This document
Date 1 l• "I t 14
Date _ L^/)T_� I
Date 1+, 1,
)DIAK ISLAND BOROUGH
0 MILL BAY ROAD
)DIAK. ALASKA 99615
ct Name, Number & Location
IAK ISL. HOSPITAL ADON/RENOVATIUN
-tAU-452-14U-55-4
CONTRACT CHANGE ORDER
Contract No. 93-68 Change Order No. 5
Amount of Contract & Change Orders
Contract $ 1,640 ,000.00
Previous Changes 42,811.68
This Change 3,908.82
Adjusted Contract
$ 1,886,72U.5U
Description of Change Cost
k SERVICES RENDERED BY ADAMS, MORGENTHALER & CO, INC.
C/A SERVICES UNDSE PHASE I AS'UTHERWISE DIRECTED (.80)
PHASE Ii SERVIDES REQUESTED UNDER UESIGN PHASE 1 (.31)
VGEBAL NTP ON DESIGN PHASE 11 (.32)
become an amenarnem w ow wu
Accepted By: 1 —'
Recommended:
Approved By:
J
spies: Orlglnal to Fadlity Coordinator
Canary to Contractor
TOTAL
comilacf
and a1 a
b4U.OU
2,b63.82
705.U0
3,908.82
-U_ calendar days. This document
Date 6 :-2 "'� �
Date (1-, .y t - 9 (O
�F Date
IOfficer
i _ _.. .._.._�_. uW._wr.a ♦Pdlana 11
KODIAK ISLAND BOROUGH
ENGINEERING & FACILITIES DEPT.
710 MILL BAY ROAD
Project Name, Number & Location
CONTRACT CHANGE ORDER
Contract No. 93-68
Kodiak Island Hospital & Care Center-Remodel/Renovation
Design Services
KIB 425-540452-140-95-4
Contractor
Prochaska and Associates
11317 Chicago Circle, Omaha, NE 68154-2633
Description of Change
Change Order No. 6
Amount of Contract & Change Order
Original Contract
Previous Contract
This Change
Adjusted Contract
Architectural & Engineering Design Services for the Energy Conservation Management (ECM)
Projects dealing with the Mechanical and Electrical upgrades to the existings facility. This will
reduce the actual use of mechanical and electrical usage and reduce monthly utility costs.
$ 1,840,000.00
$ 46,722.31
$ 172,185.00
$ 2,058,907.31
Cost
$ 172,185.00
The time provided for completion of the contract is increased by 180 calendar days. This document shall become an I
amendment to the contract and all provisions of the contract will apply thereto.
Accepted By:
a Date ZS-rL7
Contractor's Representative
Director
Approved by:
:±Con=tractingOfffific=er
Approved by:
Presiding Officer, Borough Assembly (if required)
00564. change Order
Date: 14-aaa - qri
Date: ALT
Date: Zz
rKODIAK
IAK ISLAND BOROUGH CONTRACT CHANGE ORDER
MILL BAY ROAD11
ALASKA 99615 Contract No. 93-68 Change Order No. 7
Project Name, Number & Location
Kodiak Island Hospital & Care Center
Remodel/Renovation
Contractor
Prochaska and Associates
11317 Chicago Circle, Omaha, NE 69154-2633
Description of Change
Amount of Contract & Change Order
Original Contract $ 1,840,000.00 J
Previous Contract $ 218,907.31
I This Change $ 65,384.60J
Adjusted Contract
Project Management Representative Services supplied by Prochaska and
Associates. The Project Manager was Louie DesRosiers. Representation
included monitoring General Contractor workmanship, reviewing
correspondence, reviewing pay estimates, coordinating inspectors, assisting
with design clarifications and acting on behalf of the Kodiak Island Borough.
The time frame involved was from February, 1996 to November, 1996.
$ 2,124,291.91
Cost
$ 65,384.60
The time provided for completion of the contract is (unchanged) by 0 calendar days. This document shall become an amendment to the
contract and all provisions of the contract will apply thereto
Date
Accepted By:.
Contractor's Representative
Recommended. Date:
s
Approved by:
Approved by:
Presiding officer, Borough Assembly (if required)
00564 - Change Order
Date: 2
Date: �Z