HomeMy WebLinkAboutAG-C-469 David A. Clark ArchitectsAGREEMENT FOR PROFESSIONAL SERVICES
AG -C-469
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and
David A. Clark Architects, PLLC, whose address is 33017 134th Ave SE, Auburn, WA
98092. hereinafter referred to as "CONSULTANT."
In consideration of the covenants and conditions of this Agreement, the parties hereby
agree as follows:
1. SCOPE OF WORK.
See Exhibit A, which is attached hereto and by this reference made a part of this
Agreement. Exhibit A, is for the sole purpose of describing the scope of work for this
agreement, but is incorporated only to the extent that its provisions do not conflict with the
other provisions of this agreement. If any provision of Exhibit A conflicts with the other terms
and conditions set forth in this agreement, the Exhibit A provision shall be superseded by the
other term or condition and excluded from incorporation. All remaining, non - conflicting
provisions of Exhibit A shall have full force and effect.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until authorized in
writing by the CITY. All work under this Agreement shall be completed by December 31, 2016
and can be amended by both parties for succeeding years.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay
attributable to the CITY, or because of unavoidable delays caused by an act of GOD or
governmental actions or other conditions beyond the control of the CONSULTANT. A prior
Agreement No. AG -C-469
Page 1 of 11
supplemental Agreement issued by the CITY is required to extend the established completion
time.
3. COMPENSATION.
The total compensation for this Agreement shall not exceed $40,763.80, which includes
a Management Reserve Fund amount of $5,000.00. Expenditure of Management Reserve
Funds must be authorized by the CITY as set forth in Section 4 of this Agreement.
Compensation will be on a time and material basis. Costs will be based on Exhibit B,
which is attached hereto and by this reference made a part of this Agreement.
The CONSULTANT shall be paid by the CITY for direct non -salary cost, at the actual
cost to the CONSULTANT plus 10 %. These charges may include, but are not limited to the
following items: outside reproduction fees, courier fees, and materials and supplies. The
billing for non -salary cost, directly identifiable with the project, shall be submitted as an
itemized listing of charges supported by copies of the original bills, invoices, expense accounts
and miscellaneous supporting data retained by the CONSULTANT. Copies of the original
supporting documents shall be supplied to the CITY upon request. All above charges must be
necessary for the services provided under the Agreement.
In the event services are required beyond those specified in the Scope of Work, and
not included in the compensation listed in this Agreement, a contract modification shall be
negotiated and approved by the CITY prior to any effort being expended on such services or
work shall be authorized in writing under the Management Reserve Fund as detailed in
Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen costs, or reimbursing
the CONSULTANT for additional work beyond that already defined in this Agreement. Such
authorization (s) shall be in writing, prior to the CONSULTANT expending any effort on such
Agreement No. AG -C-469
Page 2 of 11
services, and shall not exceed $5,000.00. This fund may be replenished in a subsequent
supplemental agreement. Any changes requiring additional costs in excess of the
Management Reserve Fund shall be negotiated and approved by the CITY prior to any effort
being expended on such services.
5. SUBCONTRACTING.
The CITY permits subcontracts for those items of work necessary for the completion of
the project. The CONSULTANT shall not subcontract for the performance of any work under
this AGREEMENT without prior written permission of the CITY. No permission for
subcontracting shall create, between the CITY and subcontractor, any contractor or any other
relationship.
Compensation for any sub - consultant work shall not include any mark -up by the
CONSULTANT. All subcontracts shall contain all applicable provisions of this AGREEMENT.
6. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs, drawings,
specifications, reports and other services performed by the CONSULTANT under this
Agreement. The CONSULTANT shall, without additional compensation, correct or revise any
errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports
and other services required. The CONSULTANT shall perform its services to conform to
generally- accepted professional architectural standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of,
nor payment for, any of the services shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this
Agreement to the full extent of the law.
Agreement No. AG -C-469
Page 3 of 11
7. INDEMNIFICATION /HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials,
volunteers, and employees harmless from any and all claims, injuries, damages, losses, or
suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of
the CONSULTANT in performance of this Agreement, except for injuries or damages caused
by the sole negligence of the CITY. 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. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein. The parties
agree that this Agreement may not be assigned in whole or in part without the written consent
of the CITY.
9. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the CONSULTANT to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described below:
Agreement No. AG -C-469
Page 4 of 11
a. Automobile Liability insurance covering all owned, non - owned, hired and leased
vehicles, with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per accident. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
b. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
contractors, and personal injury and advertising injury, with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be
included as an additional insured under the CONSULTANT'S Commercial General
Liability insurance policy with respect to the work performed for the CITY using the
applicable ISO Additional Insured endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance laws of
the State of Washington. If the consultant is a sole proprietor, the parties agree that
Industrial Insurance would be required if the CONSULTANT had employees.
However, the parties agree that a CONSULTANT who has no employees would not
be required to have Worker's Compensation coverage.
d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with
limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General Liability
insurance:
a. The CONSULTANT'S insurance coverage shall be primary insurance as respects
the CITY. Any insurance, self insurance, or insurance pool coverage maintained by
Agreement No. AG -C -469
Page 5 of 11
the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute
with it.
b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice has
been given to the CITY by certified mail, return receipt requested.
All insurance shall be obtained from an insurance company authorized to do business
in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A -:VII.
The CONSULTANT shall furnish the City with certificates of insurance and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance coverage required by this section, before
commencement of the work. The CITY reserves the right to require that complete, certified
copies of all required insurance policies be submitted to the CITY at any time. The CITY will
pay no progress payments under Section 3 until the CONSULTANT has fully complied with
this section.
10. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to which
this Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, or where
there is the presence of any sensory, mental or physical handicap.
11. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepared or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to
Agreement No. AG -C-469
Page 6 of 11
and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT
agrees to maintain all books and records relating to its operation and concerning this
Agreement for a period of six (6) years following the date that this Agreement is expired or
otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and
all documents held by the CONSULTANT and relating to this Agreement upon good cause at
any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide
to the CITY, at the CITY'S request, the originals of all drawings, documents, and items
specified in this Section and information compiled in providing services to the CITY under the
terms of this Agreement.
12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION. AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowledge and belief, that
it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three -year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission or fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state, or local) transaction or contract under a public transaction; violation
of federal or state antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph "(b)" of this certification; and
Agreement No. AG -C469
Page 7 of 11
(d) Have not within a three -year period preceding this application /proposal had one or
more public transactions (federal, state, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
13. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written notice
to the other party, and based upon any cause. In the event of termination due to the fault of
other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services
performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the CONSULTANT
shall (1) promptly discontinue all services affected as directed by the written notice, and (2)
deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such
other information and materials as the CONSULTANT may have accumulated, prepared or
obtained in performing this Agreement, whether completed or in process.
Agreement No. AG -C-469
Page 8 of 11
14. GENERAL PROVISIONS.
14.1. This Agreement shall be governed by the laws, regulations and ordinances of the
City of Auburn, the State of Washington, King County, and where applicable, Federal laws.
14.2. All claims, disputes and other matters in question arising out of, or relating to, this
Agreement or the breach hereof, except with respect to claims which have been waived, will
be decided by a court of competent jurisdiction in King County, Washington. Pending final
decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with
the performance of the services and obligations herein.
14.3. In the event that any dispute or conflict arises between the parties while this
Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or
conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and responsibilities.
14.4. The CITY and the CONSULTANT respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement with
respect to all covenants to this Agreement.
14.5. This Agreement represents the entire and integrated Agreement between the
CITY and the CONSULTANT and supersedes all prior negotiations, representations or
agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
14.6. Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including reasonable attorneys fees and expenses and court
costs shall be paid to the substantially prevailing party.
14.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
14.8. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement No. AG -C-469
Page 9 of 11
14.9. This Agreement shall be administered by David Clark on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn
Attn: Lisa Moore
25 W Main Street
Auburn WA 98001
Phone: 253.288.3158
E-mail: imoore@auburnwa.gov
David A. Clark Architects, PLLC
Attn: David Clark
33017134 th Ave SE
Auburn, WA 98092 -8519
Phone: 253.351.8877
E -mail dclark @clarkarchitects.com
14.10. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be delivered in person or deposited in the United
States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if
mailed by certified mail, return receipt requested, and addressed to the address for the party
set forth in 14.9 or if to such other person designated by a party to receive such notice. It is
provided, however, that mailing such notices or communications by certified mail, return
receipt requested is an option, not a requirement, unless specifically demanded or otherwise
agreed.
Any party may change his, her, or its address by giving notice in writing, stating his, her,
or its new address, to any other party, all pursuant to the procedure set forth in this section of
the Agreement.
14.11. This Agreement may be executed in multiple counterparts, each of which shall
be one and the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party.
Agreement No. AG -C -469
Page 10 of 11
CITY OF AUBURN
C,XI nrkt� t✓1
Nancy B t6s, Mayor
Date SEP IS 2015
ATTEST:
L a4L_
Danielle askam, City Clerk
APPROVED AS TO FORM:
David A. Clark Architects PLLC
BY:
Title: j')Ale Vylr'T"��✓L
Federal Tax ID # q�- KI 77-1 41
Agreement No. AG -C -469
Page 11 of 11
AGC469 - Exhibit A
Scope of Work
Auburn Council Chambers Renovation
Scope of Services & Compensation
ARTICLE 1 THE SERVICES
1.1 General Description: Provide design services for the renovation of the Auburn Council Chambers at
Auburn City Hall, 25 West Main Street, Auburn, WA. The project consists of the renovation of the
chambers, including:
1. Raising the dais
2. Refinishing or rebuilding the dais
3. Adding required stairs and new HC ramp or planning for a future one.
4. Removing the walls at the back of the chambers
5. Moving entry doors into hall
6. Related code and interior work, assistance with colors
7. Coordinating with IT and staff.
8. Providing hourly assistance if required for mechanical and electrical design services
The scope of work does not include:
I. Assistance with the technology portion of the work
2. Bidding
3. Permitting
4. Construction administration or any time during construction.
5. Hazardous materials testing.
See following proposal for clarification on scope of services.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
2.1 The Architect shall provide the professional services as set forth in the agreement and its attachments.
2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily
provided by architects practicing in the same or similar locality under the same or similar circumstances.
The Architect shall perform its services as expeditiously as is consistent with such professional skill and
care and the orderly progress of the Project. The Architect shall conform with all rules reasonably
established by the Owner. .
2.3 The Architect identifies David Clark, a representative authorized to act on behalf of the Architect with
respect to the Project as the project manager.
2.4 The Architect shall procure and maintain for the duration of the Agreement, insurance of the types and
in the amounts described in Attachment B attached and incorporated by this reference. Certificates and
endorsements shall be provided as set out in Attachment B
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services.
3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable
design criteria, attend Project meetings, communicate with members of the Project team and report
progress to the Owner.
3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the
Owner's consultants.
Exhibit A
Page 1 of 10 AGC469
3.1.3 The Architect shall, at appropriate times, contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project,
the Architect shall respond to applicable design requirements imposed by such governmental authorities
and by such entities providing utility services.
3.3 DESIGN DEVELOPMENT PHASE SERVICES
3.3.1 The Architect shall prepare Design Development Documents for the Owner's approval.
3.3.2 The Architect shall update the estimate of the Cost of the Work.
3.3.3 The Architect shall submit the Design Development documents to the Owner and advise the Owner
of any adjustments to the estimate of the Cost of the Work.
3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
3.4.1 The Architect shall prepare Construction Documents for the Owner's approval. The Construction
Documents shall illustrate and describe the further development of the approved Design Development
Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of
materials and systems and other requirements for the construction of the Work.
3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of
governmental authorities having jurisdiction over the Project.
3.4.3 During the development of the Construction Documents; the Architect shall prepare bidding
documents.
3.4.411c Architect shall update the estimate for the Cost of the Work and shall advise the Owner of any
adjustments to the estimate of the Cost of the Work.
3.5 BIDDING PHASE SERVICES (Hourly only)
3.5.1 GENERAL
The Architect shall assist the Owner in (I ) obtaining competitive bids: (2) confirming responsiveness of
bids or proposals: (3) determining the successful bid, if any: and, (4) awarding and preparing contracts for
construction.
3.5.2 COMPETITIVE BIDDING
3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
3.5.2.2 The Architect shall assist the Owner in bidding the Project.
3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit
substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective
bidders.
3.6 CONSTRUCTION PHASE SERVICES (Hourly only)
3.6.1 GENERAL
3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as
set forth below and in AIA Document A201. General Conditions of the Contract for Construction.
3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.
3.6.1.3 The Contractor only, not the Owner or the Architect, shall have control over or responsibility for the
construction means, methods, techniques, sequences or procedures, or for safety precautions and programs
in connection with the Work.
Exhibit A
Page 2 of 10 AGC469
3.6.2 EVALUATIONS OF THE WORK
3.6.2.1 The Architect shall visit the site once per week during active construction activity to become
generally familiar with the progress and quality of the portion of the Work completed, and to determine, in
general, if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. On the basis of the site visits, the Architect
shall keep the Owner informed about the progress and quality of the portion of the Work completed, and
report to the Owner (1) known deviations from the Contract Documents and from the most recent
construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work.
3.6.2.2 The Architect or the Owner has the authority to reject Work that does not conform to the Contract
Documents. Whenever the Architect or the Owner considers it necessary or advisable, the Architect or the
Owner shall have the authority to require inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed.
3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements
of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response
to such requests shall be made in good faith and in writing within any time limits agreed upon or otherwise
with reasonable promptness.
3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably
inferable from the Contract Documents and shall be in writing or in the form of drawings. When making
such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both
Owner and Contractor, shall not show partiality to either.
3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in
such amounts. The Architect's certification for payment shall constitute a representation to the Owner,
based on the Architect's evaluation of the Work and on the data comprising the Contractor's Application
for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract
Documents.
3.6.3.2 The Architect shall maintain a record of the Applications and Certificates for Payment.
3.6.4 SUBMITTALS
3.6.4.1 The Architect shall review the Contractor's submittals with reasonable promptness while allowing
sufficient time in the Architect's professional judgment to permit adequate review.
3.6.4.2 The Architect shall review and approve or take other appropriate action upon the Contractor's
submittals such as Shop Drawings, Product Data and Samples, for the purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. Accuracy and
completeness of dimensions and quantities on the shop drawings are the Contractor's responsibility.
3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design
services or certifications by a design professional related to systems, materials or equipment, the Architect
shall specify the appropriate performance and design criteria that such services must satisfy. The Architect
shall review shop drawings and other submittals related to the Work designed or certified by the design
professional retained by the Contractor that bear such professional's seal and signature when submitted to.
the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the
services, certifications and approvals performed or provided by such design professionals.
3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.
The Architect's response to such requests shall be made in writing within any time limits agreed upon, or
otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental
Drawings and Specifications in response to requests for information.
Exhibit A
Page 3 of 10 AGC469
3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the
Contractor in accordance with the requirements of the Contract Documents.
3.6.5 CHANGES IN THE WORK
3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the
Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract
Time. The Architect shall prepare Change Orders and Construction Change Directives for the Owner's
approval and execution in accordance with the Contract Documents.
3.6.5.2 The Architect shall maintain records relative to changes in the Work.
3.6.6 PROJECT COMPLETION
3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion
and the date of final completion: issue Certificates of Substantial Completion; receive from the Contractor
and £onward to the Owner, for the Owner's review and records, written warranties and related documents
required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for
Payment based upon a final inspection indicating the Work complies with the requirements of the Contract
Documents.
3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work
with the requirements of the Contract Documents and to verify the accuracy and completeness of the list
submitted by the Contractor of Work to be completed or corrected.
3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about
the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained
from the Contract Sum, if any, for final completion or correction of the Work.
3.6.6.4 The Architect shall forward to the Owner any documentation required of the Contractor under the
Contract Documents.
3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial
Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to
review the facility operations and performance.
ARTICLE 4 NOT USED
ARTICLE 5 COST Of THE WORK
5.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct
all elements of the Project designed or specified by the Architect and shall include contractors' general
conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the
Architect, the costs of the land, rights -of -way, financing, and contingencies for changes in the Work or
other costs that are the responsibility of the Owner.
5.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project. Evaluations of the Owner's budget for the Cost of the Work, the preliminary
estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect,
represent the Architect's judgment as a design professional. The Architect nor the Owner has control over
the cost of labor, materials, equipment or market conditions.
ARTICLE 6 COMPENSATION
6.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect
Ten Thousand Eight Hundred and Three Dollars ($10,803.00) as indicated in the Agreement.
This amount does not include Washington State Sales Taxes that may be assessed on professional services
Should the Washington State legislature extend WSST to professional services during the course of this
contract, this contract will be increased that amount to cover said taxes.
Exhibit A
Page 4 of 10 AGC469
6.2 For Additional Services as may be requested in writing by the Owner during the course of the project,
the Owner shall compensate the Architect as follows:
Hourly billing rates are as indicated in Exhibit C or as agreed upon by both parties. No additional
services shall be provided without written authorization from the Owner. Architect's and
Consultant's hourly or flat rage charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for 2013 and 2014.
6.3 The compensation for each phase of services shall be billed monthly:
6.4 COMPENSATION FOR REIMBURSABLE EXPENSES
6.4.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project with a
maximum as indicated in 6.1 above, as follows:
.1 Transportation and authorized out -of -town travel and subsistence if greater than 100 miles
round trip from the project site and only if approved by the Owner in advance;
.2 Printing, reproductions, plots;
.3 Postage, handling and delivery;
.4 Renderings, models, mock -ups, professional photography, and presentation materials
requested by the Owner;
.5 All taxes levied on professional services and on reimbursable expenses.
6.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus one point one five (1.15) of the expenses incurred.
Exhibit A
Page 5 of 10 AGC469
Auburn City Hall
Council Chambers Renovation
F`e`e4propo
al °�
Prepared
I5- May -14
0
94.08
Drafting
182.77
Principal
731.08
Division 1
Fee
94.08
Drawings
182.77
$
182.77
Division 6
0
94.08
2
M
Field tape
0
94.08
2
182.77
$
365.54
$ 366
365.54
Meetings
0
94.08
0
182.77
$
-
Division 9
PD
Preliminary Designs
0
94.08
4
182.77
$
731.08
$ 2,115
1
Prepare cost estimates
0
94.08
3
182.77
$
548.31
182.77
$
Drawings
5
94.08
1
182.77
$
653.17
365.54
Meetings
0
94.08
1
182.77
$
182.77
CD
Cover Sheet, gen notes, Code check
6
94.08
2
182.77
$
930.02
$ 5.397
Floor Plan
10
94.08
2
182.77
$
1,306.34
Interior Elevations, Details
9
94.08
2
182.77
$
1,212.26
RCP
6
94.08
1
182.77
$
747.25
Demo Plan
3
94.08
1
182.77
$
465.01
Meetings
0
94.08
2
182.77
$
365.54
Revisions
2
94.08
0
182.77
$
188.16
Update Cost Estimate
0
94.08
1
182.77
$
182.77
Subconsultants
Mechanical Engineering Hourly if needed
Structural Hourly if needed
Electrical Hourly if needed
Specifications
$
Division 0
0
94.08
4
182.77
$
731.08
Division 1
0
94.08
1
182.77
$
182.77
Division 6
0
94.08
2
182.77
$
365.54
Division 7
0
94.08
2
182.77
$
365.54
Division 8
0
94.08
2
182.77
$
365.54
Division 9
0
94.08
1
182.77
$
182.77
Division 10
0
94.08
1
182.77
$
182.77
Division II
0
94.08
1
182.77
$
182.77
Division 12
0
94.08
2
182.77
$
365.54
Permitting
Permitting
Bidding & Permitting
Bidding
David Exhibit A
IPage 6 of 10
0 94.08 0 182.77
5 94.08 15 182.77
AGC469
By City
Hourly if needed
5/15/2014
Evaluate bids
0 94.08
5
182.77
Hourly if needed
Construction Administration /Observation
Hourly if needed
Pre -Con Mtg
0 94.08
2
182.77
Site visits during Construction
1 6
2
182.77
Construction issues
1 4
3
182.77
Shops
1 1
2
182.77
Pay Applications
1 1
2
182.77
Punch List
1 4
2
182.77
Close out papers
1 2
2
182.77
Total Fixed Fee Contract Amount
$ 10,803
Reimbursables
cost plus 10% Plots, Prints,
deliveries, etc
Not included:
Permit fees
Exhibit A
David Page 7 of 10 AGC469 511512014
CeGG
engineering
CeGG Engineering LLC
7650 SE 271h Street, 4403
Mercer Island WA 98040
tel 206.223.6447 - fax 206.232.1839
David A. Clark Architects, PLLC
33017 134th Ave SE
Auburn, WA 98092 -8519
June 11, 2015
Subject: Auburn Council Chamber Remodeling
Mechanical Engineering Fee Proposal
Dear Dave;
Thank you for considering us for your project. Following is our understanding of the scope and fee
proposal.
PROJECT DESCRIPTION
The project consists of remodeling of approximately 2,500 sf City of Auburn Council Chamber.
CeGG will provide mechanical design and consultancy services as follows.
I. Design and Construction Documents
a. HVAC calculations;
b. Developing design solutions to accommodate architectural changes;
c. Developing mechanical design and construction drawings;
d. Preparing mechanical specifications in CSI format;
e. Budget cost estimates;
f. Providing bid assistance (or contractor selection assistance) including
Responding bidder's questions;
Reviewing substitution requests;
II. Construction Administration Services
a. Reviewing submittals and shop drawings;
b. Responding RFIs;
c. Performing site visits and preparing site visit reports;
d. Assisting project closeout, performing punch list inspections;
Exhibit A
Page 8 of 10 AGC469
Mr. Dave Clark AIA, LEED AP BD +C
Auburn Council Chamber Remodeling
Mechanical Engineering Fee Proposal
June 11, 2015
Page 2
FEE
We offer to perform these services at the fees shown below.
r__
I. Design and Construction Documents: �$ 3,950.00
II. Construction Administration: T &M based hourly
Not to Exceed $ 1,600.00
If required, additional services will be provided at our current rate schedule as shown below:
Principal /Project Manager: $145.00
Project Engineer: $120.00
CADD Operator: $ 65.00
EXCLUSIONS AND ASSUMPTIONS
a. As built mechanical drawings will be provided and /or a non - destructive site survey will be
performed. This information will be used as the basis for existing HVAC systems.
b. Mechanical utilities within 5ft of the building are included in the mechanical scope. Utilities
beyond 5ft are assumed to be under civil engineering scope;
c. If applicable fire sprinkler systems shall be designed and installed by a licensed sprinkler
contractor; we will provide performance specs and concept drawings as needed. Concept
drawings will show riser and accessories locations but will not include sprinkler layouts or
hydraulic calculations, pump sizing and selections;
d. We will receive floor plans in AUTOCAD format. Design drawings will be prepared in AUTOCAD
format (No Revit or similar modeling will be required);
e. Mechanical permit application will be under contractor's responsibility. We will provide
engineering calculations to the contractor as needed;
f. Energy compliance will be either prescriptive or component analysis. Our scope does not include
simulated performance method (WSEC Section 405) or any other computer simulation;
g. Project will not be LEED certified. LEED certification assistance is not included in mechanical
scope;
h. We will provide electronic copies of drawings and specifications as needed. If required printing
hard copies and reproduction costs will be reimbursable with addition of 10% handling cost.
We are ready to begin. Please feel free to call me if you have any questions.
Thank you.
CeGG Engineering
Goren Hattatoglu, P.E.
7650 SE 27`h Street #403
Mercer Island WA 98040
Exhibit A
Page 9 of 10 AGC469
From:
Brad d(ock
To:
"David A Clark"
Cc:
je eawaelec mm; "Mld)ael Jones"
Subject:
RE: Auburn Council Chamber Remodel - AWA Fee Esbrnate
Date:
Thursday, June 11, 2015 10:03:28 AM
Hi Dave,
I anticipate this to be about a 60 hour design exercise, (includes a site visit). I also looked at the
Mountlake Terrace EOC, and we spent $7,600 on our $5,000 fee.
So, below is a fee estimate:
AWA SCOPE OF WORK
Design - $8.100
• Initial site visit
• Power & lighting design for remodeled area
• Washington Energy Code
• Specifications
• HVAC systems coordination & connection
• Production lighting (by ABS). Coordination with ABS
• AV system coordination with ABS
• Tel/Comm design & coordination with City of Auburn IT department
CA - $2.400
• Submittal & shop drawing review, RFI's, closeout information review
h• t ..- .. r. . ,: a _.
• Site visits during construction — est. $675 ea.
• Reimbursable expenses — printing, travel, delivery — est. $350
• 30 -day meter reading of existing panels to determine existing load
• Replacement or reconfiguration of existing service or panels
• Production lighting design, paging /sound system, AV system
Senior Engineer
$135.001hr
Design Engineer
$120.00 1hr
AutoCAD
$85.001hr
Clerical
$65.00 1hr
Let me know if that seems reasonable, or if you have any questions.
Thanks!
Brad Adcock, P.E., Principal
AWA Electrical Consultants. Inc.
Exhibit A
Page 10 of 10
AGC469
Exhibit B - AG -C -469
Agreement Budget Summary
Design (per Consultant proposal)
David Clark - Architect
HVAC
Electrical
Construction
David Clark - Architect
HVAC
Electrical
Management Reserve Fund
AGC 469 Exhibit 8, Page 1 of 1
Subtotal Design
Hours Rate
40 $182.77
20 $145.00
20 $135.00
Fee Estimate
$10,803.00
$3,950.00
$8,100.00
$22,853.00
$7,310.80
$2,900.00
$2,700.00
Subtotal Construction $12,910.80
$5,000.00
Total $40,763.80