HomeMy WebLinkAboutKMB Architects Amendment # 1 MC Contract#19-086
Document G802"M — 2017
Amendment to the Professional Services Agreement
PROJECT:(tune and address) AGREEMENT INFORMATION: AMENDMENT INFORMATION:
Mason County-District Court Building Date:June 7.2U I) Amendment Number:001
No. 10 Renovation
414 West Franklin Street Date:September 12,2019
Shelton. WA 98584
OWNER:(name and address) ARCHITECT:(name and address)
Mason County KMB architects.inc.,p.s.
411 North 5th Street 906 Columbia Street SW.Suite 400
Shelton,WA 98584 Olympia,WA 98501
The Owner and Architect amend the Agreement as follows:
Phase 2 encompasses design,bidding and constriction administration services for the project. Provide design services for
systems assesment.programming.and concept design. Scope of work for design services includes Architectural, Interiors,
Structural,Mechanical. Electrical. and Cost Consulting. Develop Contract Documents for the Building Systems upgrades
including: RTU and HVAC building system replacement:electrical service upgrade:roof replacement and upgrades; structural
and seismic upgrades:cost consulting.
The Architect's compensation and schedule shall be adjusted as follows:
Compensation Adjustment:
This Amendment No.(H11 amends Professional Services Agreement.dated June 7,2019,by S121,198.00.
New Contract Amount: SI66,198.00
Schedule Adjustment:
The following is the anticipated schedule:
Phase 2 Kick Off—July 30,2019
Phase 2 Permit Drawings Submittal—August 13,2019
G Phase 2 Bid Documents Submittal—August 22, 2019
E Bid Opening—September 5, 2019
Roof Construction Completion—October 2019
Final Construction Completion—November 2019
SIGNATURES:
KMB architects, inc.,p.s. Mason County
ARCHITECT(I•'ir,n,rune) OWNER(I'ir,,,,ta n
SIGNATURE SI NATU t� 111~rank K�'v,r� S t t'g �/IQs�Y'� Lou`` h}y Lv•
nmkSSli%t-
William J.Valdez, PE, Partner .Dime+ Chair
PRINTED NAME AND TITLE PRINTED NAME AND TITLE
September 12,2019_ September 2019
DATE DATE
AIA Document G802" —2017.Copyright 6 2000,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'
Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIM Document,or any
portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document
was produced by AIA software at 16:20:46 ET on 09/12/2019 under Order No.6578008226 which expires on 11/08/2019,and is not for resale.
User Notes: (3B9ADA5A)
MASON COUNTY—DISTRICT COURT BUILDING#10 RENOVATION
July 30,2019
page 3
Please do not hesitate to call me to discuss or if you have any questions regarding this Professional Services proposal.
We're looking forward to work with you and your team on this great project for the citizens of the Mason County.
Sincerely,
KMB architects 0490r:
13‘0
Bill Valdez, Partner
Attachments: tklsc Proposal
HuItzBHU Proposal
JMB Consulting Proposal
KMB architects Task Spreadsheet
Work Plan•Architectural July 30,2019
Task Task Description Schedule Subtotals Total Staffing Resources(see legend below)
ID Hours PlC SPM PM CA APM CAD PA
_ $ 200.00 $ 150.00 $ 135.00 $ 135.00 $ 110.00 $ 95.00 $ 90.00
0.00 Programming&Concept Design Phase
0.01 Disciplines Interaction $ - 0
0.02 Document Checking - 0
0.03 Permitting Authority consulting&coordination - 0
0.04 User agency data coordination(2 Programming Meetings) - 0
0.04 Programming - 0
0.05 Architectural Design - 0
0.06 Facility Assessment - 0
0.07 Report&Documentation - 0
0.08 Cost Estimating - 0
0.09 Scheduling - 0
- 0
Programming&Concept Design Phase $ -I 0 I 0 0 1 0 1 0 1 0 1 0 1 0
1.00 Schematic Design Phase
1.01 Disciplines Interaction $ - 0
1.02 Document Checking 0
1.03 Permitting Authority consulting&coordination - 0
1.04 User agency data coordination - 0
1.05 Architectural Design - 0
1.06 Specifications - 0
1.07 Materials Research - 0
1.08 Cost Estimating - 0 _
1.09 Scheduling - 0
- 0
Schematic Design Phase $ -1 0 1 0 1 0 1 0 1 0 J 0 1 0 1 0
2.00 Design Development Phase
2.01 Disciplines Interaction $ - 0
2.02 Document Checking - 0
2.03 Permitting Authority consulting&coordination - 0
2.04 User agency data coordination - 0
2.05 Architectural Design - 0
2.06 Architectural Specifications - 0
2.07 Materials research - 0 _
2.08 Cost estimating - 0
2.09 Scheduling - 0
- 0
Design Development Phase $ -1 0 1 0 1 0 1 0 1 0 0 1 0 1 0
3.00 Construction Documents Phase
3.01 Disciplines Interaction $ 4,880 32 8 16 8
3.02 Document Checking 3,200 16 16
3.03 Permitting Authority consulting&coordination 4,760 32 4 12 16
3.04 User agency data coordination 7,760 48 16 16 16
3.05 Architectural Design 17,760 128 32 96
3.06 Architectural Specifications 6,560 48 32 16
3.07 Materials research 4,000 24 8 16
3.08 Cost estimating 1,400_ 8 4 4
3.09 Scheduling 1,200 8 8
- 0
Construction Documents Phase $ 51,520 I 344 I 56 j 136 I 128 I 0 I 24 j 0 I 0
4.00 Bidding Phase
4.01 Bidding materials $ 690 5 1 4
4.02 Addenda 690 5 1 4
4.03 Bidding 75 0.5 0.5
4.04 Analysis of Substitutions 75 0.5 0.5
4.05 Bid Evaluation 75 0.5 0.5
4.06 Contract Agreements - 0 _
- 0
Bidding Phase $ 1,6051 11.5 1 0 1 3.5 1 8 1 0 1 0 1 0 1 0
5.00 Construction Contract Administration Phase
4.01 Architectural Construction Administration $ 0
4.02 Disciplines Interaction 540 4 _ 4
•
4.03 Document Checking - 0
4.04 Permitting Authority Consulting 540 4 4
4.05 Construction Administration 3,230 22 4 18
4.06 Construction Field Observation(5) 2,700_ 20 20
4.07 Documents _ - 0
4.08 Scheduling - 0
4.09 Cost Accounting - 0
Construction Contract Administration Phase $ 7,010j 50 I 4 I 0 I 0 I 46 I 0 0 I 0
6.00 Project Closeout Phase
6.01 Project Closeout(1 Punchlist) $ 540 4 4
6.02 Processing Record Documents - 2 2
6.03 Operations and Maintenance Manuals - 2 2
6.04 Warranty Period - 1 1
Project Closeout Phase $ 540 9 0 I 0 0 I 9 I 0 0 I C
Total Basic Services $ 60,675 414.5 60 139.5 136 55 24 0 0
7.00 Reimbursable Expenses
Allowance for printing $ 400 0
Allowance for mileage 173 0
$ 573 0
Total Reimbursable Expenses $ 573
KMB Staffing Resources Legend Fee Summary Total
PIC Principal In Charge Programming&Concept Design Phase $ -
SPM Associate/Senior Architect/Senior Project Manager Schematic Design Phase $ -
PM Project Architect/Project Manager/Designer Design Development Phase -
CA Staff Architect/Project Manager/Designer/CA Specialist Construction Documents Phase 51,520
APM Assistant Project Manager Bidding Phase 1,605
CAD CAD Technician Construction Contract Administration Phase 7,010
PA Project Assistant Project Closeout Phase 540
Total Basic Services $ 60,675
Total Reimbursable Expenses 573
Total Architectural Fees $ 61,248
JMB CONSULTING GROUP LLC
CONSTRUCTION CONSULTANTS
July 24,2019
Bill Valdez
KMB ARCHITECTS
906 Columbia Street SW,Suite 400
Olympia,Washington 98501
+1 (360) 352-8883
MASON COUNTY,WASHINGTON REQUEST FOR
COURTHOUSE BUILDING#10 BASIC SERVICES
SHELTON,WASHINGTON RO
Dear Bill:
Thank you for inviting us to submit an offer for construction cost consulting services on this project.
We understand that the general scope of the project shall be the planning and for the development and
construction for the various improvement to Building#10 for Mason County,WA. The scope includes
renovation limited seismic envelope and MEP upgrades.
SCOPE OF SERVICES
For this project we propose the following basic service work items:
WORK ITEM#1
1 Cost Estimating
1.1 Prepare a single opinion of probable construction cost for no more than one scheme at the following
phases of design:
1.1.1 Construction Document phase.
1.1.2 Each opinion shall consist of no more than one section including the respective building and site
work for each site for each of the projects.
1.1.3 No more than three alternative systems studies are included.
1.2 Cost opinions shall be presented in the Uniformat II format.
1.3 No meetings or site visits are included for this work item. It is assumed any meeting or conferencing
shall take place via telephone and/or internet based solutions.
Page 1 of 3
4320 29a Avenue W+Seattle,Washington 98199+Tel 206.708.7280
JMB CONSULTING GROUP LLC
CONSTRUCTION CONSULTANTS
SUMMARY OF FEES Cost Estimating Schedule
Task Start Finish
Programming/Pre-design Phase Excluded -�
Schematic Design Phase Excluded
Design Development Phase Excluded
Construction Document Phase $ 4,000 Aug-19 Aug-19
Bidding Assistance Excluded
Construction Administration Excluded
..elm ursable expense allowance Included
TOTAL- FIXED FEE Plus Expenses $ 4,000 Aug-19 Aug-19
QUALIFICATIONS
JMB Consulting Group maintains the following insurance coverage. Additional insurance requirements can
be provided at additional cost.
General Liability and Hired/Non-Owned Auto: $1,000,000 per claim;$2,000,000 aggregate
Professional Liability: $1,000,000 per claim;$2,000,000 aggregate
The fees are valid for ninety days from the date of this proposal. Should our understanding of the scope or
any of the above tasks be deleted from our scope of services,we reserve the right to adjust the above fees,to
reflect possible resultant changes to the scope of the remaining service.
The fee assumes that drawings, specifications and reports required for the performance of our work will be
provided both in hard copy and electronically(drawings shall be in a standardized scalable pdf format), at no
cost to JMB Consulting Group LLC.This offer assumes our deliverables shall be provided electronically and
that no printed copies are required.
Reimbursable expenses,including printing,reprographics charges, travel beyond a 100-mile round trip of this
office and interstate-shipping charges will be charged at cost,no multiplier.
ADDITIONAL SERVICES
Except as noted above,all other services,including additional estimates,cash flow models,development or
coordination of project costs,revisions to completed estimates,use of different estimating formats,additional
meeting attendance,value engineering,life cycle costing,reconciliation with cost estimates prepared by other
parties beyond that specifically included above,or bidding and construction phase services shall be additional
services.
Unless otherwise agreed prior to the work being carried out,our fees for any additional services will be based
on time expended at our normal billing rates prevailing at the time the work is carried out. Valid through
calendar year 2019,these hourly rates are:
Principals $190.00
Page 2 of 3
4320 29d.Avenue W Seattle,Washington 98199 Tel: 206.708.7280
JMB CONSULTING GROUP LLC
CONSTRUCTION CONSULTANTS
Associates $155.00
We look forward to the opportunity of assisting you on this particular project. If you have any questions
regarding these fees,or the scope of our services,please do not hesitate to contact us.
Sincerely,
Jon Bayles,Principal
JMB CONSULTING GROUP LLC
Confirmation of Agreement:
This letter correctly sets out the scope and fees for services to be provided by JMB Consulting Group LLC
for this project.
He FP Msn Cty CH Bldg#10 R0
Page 3 of 3
4320 29*Avenue W+Seattle,Washington 98199+Tel: 206.708.7280
HULTZ ! BHU
engineers inc
July 22, 2019
KMB architects
906 Columbia Street SW, Suite 400
Olympia,WA 98501
Attention: Bill Valdez
Subject: Mason County Courthouse Adaptive Reuse-Phase 2
Mechanical and Electrical Engineering Proposal
Dear Bill:
Here is our proposal to furnish mechanical and electrical engineering services for this project.
Project Description
Renovation of the Olsen Furniture Company Building, located in Shelton, into a new District Courthouse
including probation offices. The existing building is approximately 22,000 square feet,with the
renovation expected to involve the entire building. The Phase 2 renovation will include a new roof, new
electrical service, and new rooftop HVAC equipment.
Scope of Services
General: Our scope of work is for systems covered under Division 22 (plumbing), Division 23 (HVAC)and
Division 26(electrical power) of the Construction Specification Institute(CSI) Manual of Practice.
Design Phase: Our work consists of providing mechanical and electrical engineering, design,
construction drawings, and technical specifications for the project. Mechanical energy code forms are
included. Plumbing design would be for new roof drains and internal rain leaders.
Bid Phase: These services would consist of a review of substitution requests, responding to bidder
questions,and issuing addenda as needed.
Construction Phase: These services would consist of a review of product submittals, answering
reasonable and normal BFI's, one site visit during construction, one punchlist review,and a review of
closeout documents.
Proposed Fee
We propose to provide these services on a lump sum fee basis,for:
Electrical Design $ 9,200
HVAC Design $ 10,300
Plumbing(Rain Leaders) $ 2,800
Bid Phase $ 700
Construction Phase $ 6,500
Engineering Total $ 29,500
1111 Fawcett Avenue, Suite 100 • Tacoma,Washington 98402
T 253.383.3257 • F 253.383.3283 • general@hultzbhu.com
July 22, 2019
KMB architects
Mason County Courthouse Adaptive Reuse-Phase 2
Mechanical and Electrical Engineering Proposal
Page 2
Reimbursable $ 400
Reimbursable costs are for mileage and printing,and would be billed in accordance with your prime
agreement with the Owner.
Qualifiers/Assumptions
1. We assume we will be provided AutoCAD compatible plans of the building.
2. Plans can be developed in AutoCAD.
3. As-builts are available with locations of the existing site storm drain piping to allow connection of
new rain leaders;or if a utility locate is required, it will be done by the Owner or be treated as a
reimbursable expense.
4. A cost estimate is included.
5. Submitting for permits, permit forms,and permit fees are not included (mechanical and lighting
energy code forms are included).
6. A generator or UPS are not included in this phase but provisions will be included to allow for a
future installation.
Thank you for the opportunity to work with you and Mason County.
Sincerely,
Hultz I BHU Engineers Inc.
/t /
Rick Hultz, PE
Principal
, .
tklsc
COLLABORATIVE
July 22, 2019
Mr. Bill Valdez
KMB Architects
906 Columbia Street SW,Suite 400
Olympia,Washington 98501
Re: Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement
Dear Bill,
Thank you for the opportunity to collaborate with your firm on this project.
We are pleased to provide this proposal to furnish engineering / consulting services for the project
referenced above.
Please contact me if you have any questions and/or comments regarding this proposal.
If you find the scope and fees acceptable please execute this agreement accepting the terms and
conditions stated herein. If we are directed to proceed prior to execution of contract,the terms set forth
in our proposal/agreement shall prevail until such time as an agreement is fully executed.
This proposal will remain open for thirty(30)days from July 22, 2019.
Sincerely,
tklsc
..----- ),D-----(--A------)
Daniel Munn P.E., S.E., LEED AP
Seattle Office Leader
J:\Proposals\2019\p20191062 Mason County Courthouse Assessment Phase 2\p20191062 Mason County Courthouse Assessment Phase 2.docx
206.641.6016 1411 4TH AVENUE SUITE 1000 SEATTLE, WA 98101 tklsc.com
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tklsc
COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement
July 22, 2019
Page 1
PROFESSIONAL SERVICES AGREEMENT("PSA")
Between tklsc(SUBCONSULTANT) and ARCHITECT/PRIME CONSULTANT(CLIENT)
This Agreement is entered into effective July 22, 2019,to provide engineering/consulting services for the
project named Mason County Courthouse Assessment - Phase 2 described in Exhibit "A", between KMB
Architects (Client)and tklsc.
1. Subconsultant will:
a. Provide those Basic Services set forth in the attached Exhibit "C"/ "C(s)" and such other related
additional services as the parties may mutually agree.
b. Direct all Project communications to and through Client, unless Client indicates or directs
otherwise.
c. Assist as reasonably requested in Client's Project coordination.
d. Subconsultant will maintain the insurance program set forth in Exhibit"D".
2. Client will compensate Subconsultant for Basic Services pursuant to Exhibit "B" and for additional
services pursuant to Subconsultant's then current fee schedule, or as the parties may mutually agree
at the time the services are undertaken.
3. This Agreement is subject to the terms and conditions printed on the following page.
KMB Architects(Client)finds the scope and fees acceptable and by executing below has agreed to accept
the terms and conditions stated herein. If tklsc is directed to proceed prior to execution of this
professional services agreement,the terms set forth in our proposal/agreement shall prevail until such
time as an agreement is fully executed by both parties.
tklsc KMB Architects (Client)
Daniel Munn P.E.,S.E., LEED AP Name (Signature Above):
Principal Title:
WA Lic.#38727 Client Project No.:
Attachments Professional Service Agreement/Terms and Conditions
Exhibit "A"—General Project Description
Exhibit "B"—Compensation
Exhibit "C"—General Description of Project/Project Features
Exhibit "C(s)"—Service Specific Engineering/Consulting Scopes of Work
Exhibit "D"—Insurance Provisions
1:\Proposals\2019\p20191062 Mason County Courthouse Assessment Phase 2\p20191062 Mason County Courthouse Assessment Phase 2.docx
206.641.6016 1411 4TH AVENUE SUITE 1000 SEATTLE, WA 98101 tklsc.com
tklsc
COLLABORATIVE
TERMS AND CONDITIONS OF PROPOSAL/PROFESSIONAL SERVICES AGREEMENT("PSA")
Between tklsc(ENGINEER/SUBCONSULTANT)and ARCHITECT/PRIME CONSULTANT(CLIENT)
1. Engineer will provide Prime A/E with monthly invoices accurately reflecting as appropriate the progress of the services and/or current expenditures of professional time,and reimbursable
expenses which shall be reimbursed on the same terms as Prime A/E is entitled pursuant to the Prime Agreement.Each invoice shall be due and payable on the earlier of 10 days after Prime
Consultant's receipt of related Project payments or 90 days after the invoice date. If Prime Consultant allows an invoice to become delinquent,then interest will accrue from the invoice date at
10%per annum,compounded annually,or the highest rate allowed by law,whichever is lower,with payments applied first to accrued interest. Engineer's fee shall be equitably adjusted in the
event of significant changes in the Prime Agreement or the Project's scope or scheduling,or should Prime A/E expressly request expedited service.
2. At Prime A/E's direction or request,Engineer will provide the following additional services at its then current standard hourly fee rates or on such other terms as the Parties agree at the time the
services are undertaken: (i)revisions to instruments of service where such revisions are inconsistent with prior Prime A/E approval or due to substantial changes in Engineer's instructions,or to
amendments to or changes in the interpretation of the laws and regulations applicable to the Project or to conditions of which Engineer had not been timely informed;(ii)evaluating and
responding to contractor proposals,substitution submittals,change order requests or the like beyond that fairly call for by the Basic Services;(iii)services necessitated by inadequate or improper
contractor performance,unreasonable contractor requests and claims and/or construction accidents or losses;and(iv)such other services as the Parties may mutually agree.
3. Engineer's services will be performed in a timely manner consistent with good professional practice and the desire that Project proceed as expeditiously as practical,and Engineer will use its best
efforts to meet any reasonable Project turnaround times or schedule;but in no event will Subconsultant be liable or responsible for delays beyond its reasonable control.
4. Toward the mutual goal of a successful project,Prime A/E shall make reasonable efforts to cooperate with Engineer including without limitation: (i) designating a single Project Manager with
appropriate authority;(ii)providing appropriate information regarding Project conditions and requirements;(iii)responding to Engineer's questions and requests for information and approval
within a reasonable time; (iv) reviewing Engineer's work for appropriateness and accuracy such as basic design,specific site locations,coordination and compliance with Project requirements,
and promptly notifying Subconsultant of any problems or concerns;(v)refraining from authorizing or allowing deviations from Engineer's instruments of service or the use of Engineer's un-
finalized instruments of service for cost estimating or otherwise without Engineer's knowledge and consent;and(vi) providing appropriate subconsultant coordination.
5. Engineer's services will be performed in accordance with generally and currently accepted engineering principles and practices as embodied in the standard procedures and protocols of Engineer
and its subconsultants,and without warranties,express or implied.In particular,Engineer will use its best professional judgment in interpreting and applying the requirements of all laws applicable
to the Project including without limitation laws concerning energy conservation,accessibility and functionality standards;but compliance with any law as it may be eventually be interpreted by
others cannot be guaranteed. Further,the use of such terms as"certified,""warrant,""verify,""confirm,""make certain,""assure,"and"ensure,"or the like will not constitute a guarantee,but
rather a representation of professional opinion or judgment.
6. Upon payment of related fees and costs,Prime A/E its client shall be granted a perpetual,royalty-free and transferable nonexclusive license to use the drawings,specifications,calculations and
other instruments of service prepared by or on behalf of Engineer pursuant to this Agreement for any and all purposes consistent with the Prime Agreement.Any electronic documents that are
provided will be in Engineer's standard formats and conventions with no guarantee of compatibility with any particular software or hardware,or of the absence of viruses or other harmful
materials;and any use with or conversion to other formats or conventions,or with any particular software or hardware will be a the user's sole risk. In the event of a conflict between Engineer's
signed construction documents and electronic files,the hard copy construction documents shall govern.
7. Engineer will undertake professional responsibility for only the engineering services expressly undertaken pursuant to this Agreement,and not otherwise. Engineer will not be legally liable for
the providing of or the failure to provide environmental,acoustical or civil engineering services,or any specialty consulting services such as cost estimating,food service,kitchen,lab,hospital,
industrial,LEED certification,data/communications or audio/visual consulting,even if information from others is incorporated into Engineer's instruments of service for ease of reference or
otherwise. Further,and without limitation,Engineer will not be responsible for delays or other matters beyond its reasonable control;for inaccurate information provided to it by Prime A/E or
other reasonably reliable sources or for unverified assumptions directed or accepted by Prime A/E; for site or other conditions of which it was not informed;for hazardous materials or toxic
substances at the Project site;for the specification of products or equipment for purposes consistent with the manufacturer's published literature;for materials and equipment decisions made
by others; for construction means,methods,techniques,sequences or procedures including without limitation safety precautions and programs;for the timeliness or quality of contractor
performance;or for actions or inaction of others including utility companies,other consultants,contractors and governmental or quasi-governmental agencies.
8. In order to control the risks inherent in Engineer's professional undertaking pursuant to this Agreement,Engineer's services are intended to be performed fully and solely by and on behalf of
Engineer. Unless this Agreement is terminated for Engineer's material breach,if Prime A/E prevents or frustrates Engineer's full performance of the basic services or any undertaken additional
services,or without Engineer's express consent causes or allows recorded or unrecorded modifications to or deviations from the requirements or recommendations of Engineer's instruments of
service or the use for any purpose of un-finalized instruments of service,then in addition to Engineer's common law rights,Prime A/E shall release and indemnify Engineer and its affiliated entities
and individuals to the fullest extent allowed by law from and against any and all claims,costs,losses and/or liability concerning or related to the affected services or the use of modified,deviated
from or un-finalized instruments of service.
9. Engineer will stand behind its services and indemnify Prime A/E and its affiliated entities and individuals to the full extent permitted by law concerning any claims or liability to the full extent
caused by Engineer's active negligence or willful misconduct;and Prime A/E will indemnify Engineer and its affiliated entities and individuals to the fullest extent allowed by law concerning Project-
related claims or liability caused by Prime A/E's active negligence or willful misconduct. In the event of any claim within the purview of these indemnification provisions,the indemnitee shall
control its own defense,and at the time of claim resolution the indemnitor shall provide reimbursement for those attorney's fees caused by any legal fault by or attributable to the indemnitor.
Also and in any event,Engineer's liability to Prime A/E shall be limited in the same manner and to the same extent as Prime A/E's liability is limited to others.
10. The Parties acknowledge that each is a business entity,and to the fullest extent allowed by law each expressly waives any right to assert any claim for damages or indemnification against the
other's affiliated individuals concerning the Project and/or this Agreement.Also,the Parties hereby waive any claim for consequential and/or economic damages which either might have against
the other or the other's affiliated entities and individuals concerning this Agreement or its termination. Further and in any event,Prime A/E agrees to limit the total aggregate liability concerning
or related to the Project of Engineer and Engineer's subconsultants,if any,and their respective affiliated entities and individuals,on any and all legal and equitable theories and concerning all
kinds and causes of loss to the fullest extent allowed by law as to Prime A/E and all third parties to the lesser of(a)twice Engineer's professional services fee;or(b)the amount of the Engineer's
applicable insurance proceeds then available at the time of claim resolution.
11. This Agreement supersedes all negotiations and prior agreements concerning the Project and is intended as a complete and exclusive statement of the entire agreement between the Parties
concerning the Project. Neither Party may assign or transfer any interest in or right under this agreement without the written consent of the other. The Parties will strive to maintain a good
working relationship throughout the duration of the Project;and because of the importance of a good working relationship,either Party may terminate this Agreement by giving written notice
to the other provided only that such notice is given in the good faith belief that the working relationship is unsatisfactory. If Prime A/E allows an invoice to become delinquent,then Engineer
may suspend its performance under this Agreement and withhold or withdraw any instruments of service or related licenses with no liability for so doing. No deductions shall be made from
Engineer's compensation on account of problems or losses for which Engineer has not been held legally liable. This Agreement is being entered into in Orange County,California;and it shall be
interpreted and enforced under and pursuant to the laws of the State of California. No failure to exercise or delay in exercising any right under this Agreement shall be construed as a waiver;and
no waiver of a breach of any term of this Agreement shall be construed as a waiver of any subsequent breach of the same or similar terms. In the event of any dispute or legal action concerning
this Agreement,each party shall bear its own attorney's fees. In the event that this Agreement is for any reason terminated,then its indemnity and other risk allocation provisions shall remain
in full force and effect. In the event that any provision of this Agreement shall be prohibited by law,then that provision shall not be void,but rather shall be interpreted as operating only to the
fullest extent as allowed by law;and in the event that any provision should be invalid or unenforceable,then the remaining provisions shall remain valid and binding.This Agreement shall be
binding upon and inure to the benefit of the parties and their affiliated entities and individuals;but except as expressly provided herein,this Agreement is not intended to create any rights in any
third parties.
--END--
. .
tklsc
COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit A
July 22, 2019
Page 1
EXHIBIT A—PROJECT DESCRIPTION
Description of Project
Project Name: Mason County Courthouse Assessment-Phase 2
Address: 414 West Franklin Street
City/State: Shelton,Washington 98584
Project Type: Government-County
Square Footage: 14,000
Project Description: Existing retail shell building to be adapted for county jail use.
END
tklsc
COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit B
July 22, 2019
Page 1
EXHIBIT B—COMPENSATION
A. Compensation for the scope of services in accordance with the attached exhibit(s)shall be based upon
the following fixed fee(s):
Engineering/Consulting Services: $ 21,000.00
B. Reimbursable expenses are in addition to the compensation listed above and shall include costs for
reproductions (copies, binding, blueprints, CADD plotting), mileage, parking costs, postage and
messenger delivery charges, transportation (auto rental, taxi, bus, airfare), meals, and lodging, plus
other expenses incurred in connection with out of town travel (must be approved by Client). Also,
they may include costs associated with photographic production techniques, renderings, models,
mockups, etc. (with client approval), plus any additional insurance coverage or limits, including
professional liability insurance that is requested by Client in excess of that normally carried. Billing
for allowed reimbursable expenses will be as follows:Cost plus 15%
. .
tklsc
COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit B
July 22, 2019
Page 2
C. For additional services, such as changes to the scope of work after commencement of Contract
Documents or preparation of record drawings of existing conditions,the Client shall pay the Engineer
on an hourly basis as follows:
Hourly Hourly Technology Hourly Energy& Hourly
M/E/P/S Engineering Rate Project Coordinator Rate Consulting Rate Sustainability Rate
Designer $105 Project Assistant $95 Systems Designer $105 Analyst $105
Engineer I $125 Project Coordinator I $110 Systems Engineer I $125 Consultant I $125
Engineer II $140 Project Coordinator II $130 Systems Engineer II $140 Consultant II $140
Senior Engineer $160 Project Sr.Coordinator $145 Sr.Systems Engineer $160 Senior Consultant $160
Associate $175 Associate $175 Associate $175
Senior Associate $195 Senior Associate $195 Senior Associate $195
Director $210 Director $210 Director $210
Senior Director $230 Senior Director $230 Senior Director $230
Principal $245 Principal $245 Principal $245
Partner $265 Partner $265 Partner $265
Hourly Hourly Code,Life Safety,& Hourly Hourly
Lighting Studio Rate Commissioning Rate Fire Rate BIM Rate
Assistant Ltg.Designer $100 Cx Assistant $100 FP Technician $110 BIM Generalist $100
Lighting Designer I $115 Cx Technician $115 FP Consultant I $130 BIM Specialist I $120
Lighting Designer II $130 Cx Authority $135 FP Consultant II $150 BIM Specialist II $135
Senior Ltg.Designer $145 Senior Cx Authority $150 Senior FP Consultant $165 BIM Sr.Specialist $150
Associate $160 Associate $165 Associate $185
Senior Associate $180 Senior Associate $185 Senior Associate $205
Director $195 Director $200 Director $225
Senior Director $210 Senior Director $215 Senior Director $240
Principal $225 Principal $235 Principal $260
Partner $240 Partner $250 Partner $280
The above hourly rate schedules are firm for twelve months from date of execution of contract with
an annual escalation of 5%thereafter.
END
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COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit C
July 22, 2019
Page 1
EXHIBIT C—ENGINEERING AND CONSULTING SCOPE OF SERVICES DESCRIPTIONS
Professional Services
We will provide Structural Engineering services as described below.
Engineering/Consulting Basic Scope of Services Options
Based upon the indicated Professional Services, the following specific Scope of Services options are
included in this scope.
Scope Included Basic Engineering/Consulting/Design Service Description
❑ Mechanical Engineering services.
❑ Electrical Engineering services.
❑ Plumbing Engineering services.
Structural Engineering services.
❑ Architectural Lighting Design services.
❑ Utility Company Coordination services.
❑ Power System Analysis services.
Energy services.
❑ Code, Life Safety& Fire Consulting services.
❑ Low Voltage System Design services.
Project Specific Scope Clarifications
Scope of services includes the following:
- Design of structural remediation of roof anchorage, diaphragm strapping, etc. required per the
Seismic Assessment report prepared for this project under Phase I services.
- Design of mechanical equipment support framing for new rooftop mechanical equipment at
existing roof. Design includes framing for new roof penetrations.
- Coordination with Architect for tall interior partition wall framing,ceiling framing, large openings,
etc.
- Coordination with Mechanical and Plumbing engineer for new plumbing lines at existing grade-
level floor slab.
- On-site investigation of existing structural elements. Our proposal assumes existing as-built
drawings are not available and additional time on site for documentation, drafting of existing
systems, and member sizing of existing structural systems that require strengthening is required.
Engineering/Consulting Sub-Consultants
Sub-consultants are not proposed for this project.
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COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit C
July 22, 2019
Page 2
Engineering/Consulting Design and Construction Administration Phases
Phases Included Phase Descriptions
❑ Feasibility/Programming Phase services.
Schematic Design Phase services.
Design Development Phase services.
Construction Document Phase services(includes Building Department services).
Construction Administration Phase services(includes Bidding services).
Engineering/Consulting Design Phase Meeting(s)
Design Meeting(s): Four meeting(s) per scope exhibit.
Construction Administration Phase Visit(s)
CA Visit(s): One visit(s) per scope exhibit.
Engineering/Consulting Permit Packages and Construction Phase(s)
Number of Permit Package(s): One
Number of Construction Phase(s): One
Service Clarifications
Engineer's services will be performed in a timely manner consistent with good professional practice and
the desire that the Project proceed as expeditiously as practical, and Engineer will use its best efforts to
meet any reasonable Project turnaround time or schedule, which shall be extended only for reasonable
cause or by mutual consent; but in no event will Engineer undertake responsibility for delays beyond its
reasonable control.
Engineer's services will be performed in accordance with generally and currently accepted engineering
principles and practices as embodied in the standard procedures and protocols of Engineer and its
subconsultants, and without warranties, express or implied. In particular, and without limitation,
Engineer will use its best professional judgment in interpreting and applying the requirements of all laws
applicable to the Project including without limitation laws concerning energy conservation, accessibility
and functionality standards; but compliance with any law as it may eventually be interpreted by others
cannot be guaranteed. Further, when used in conjunction with the providing of services pursuant to this
Agreement, such terms as "certify," "warrant," "verify," "confirm," "make certain," "insure," "ensure,"
"assure," or the like do not constitute a guarantee, but rather a representation based on professional
opinion or judgment.
Unless expressly agreed otherwise in writing: (i) Engineer's investigation of existing conditions will be
limited to visually reviewing the reasonably accessible portions of the existing facility to ascertain in
general the accuracy of the Project's "as built" documentation, and will not involve detailed surveys,
destructive inspections or equipment or material testing; (ii) Engineer's instruments of service will be
prepared in Engineer's standard format and level of quality and detail; (iii) Engineer's participation in
Client's coordination of the Project's various consultants will be limited to following Client's reasonable
and appropriate directions, and will not involve procuring, critiquing or otherwise being responsible for
the performance of others; (iv) Engineer's submittal reviews will be pursuant to the industry-standard
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COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit C
July 22, 2019
Page 3
protocol set forth in AIA Document A201-2007; (v) Engineer will provide site observations for only the
limited purpose of reviewing the construction for the extent of contractor progress and addressing any
specific issues which may be brought to Engineer's attention by field personnel or others; and (vi) any
"record documents" prepared by Engineer will reflect only any formal changes to the construction
documents and the information provided to Engineer by way of a marked up set of the construction
documents.
Engineer will undertake responsibility for only the engineering services expressly undertaken pursuant to
this Agreement,and not otherwise. Engineer will not be legally liable for the providing of or the failure to
provide environmental, acoustical or civil engineering services, or any specialty consulting services such
as cost estimating,food service,kitchen, lab, hospital,industrial, LEED certification,data/communications
or audio/visual consulting,even if information from others is incorporated into Engineer's instruments of
service for ease of reference or otherwise. Further, and without limitation, Engineer will not be
responsible for delays or other matters beyond its reasonable control;for inaccurate information provided
to it by Client or other reasonably reliable sources or for unverified assumptions directed or accepted by
Client; for site or other conditions of which it was not informed; for hazardous materials or toxic
substances at the Project site;for the specification of products or equipment for purposes consistent with
the manufacturer's published literature; for materials and equipment decisions made by others; for
construction means, methods, techniques, sequences or procedures, including without limitation
construction safety precautions and programs;for the timeliness or quality of contractor performance;or
for the actions or inaction of others including other consultants, contractors, utility companies and
governmental or quasi-governmental agencies.
Client's Related Responsibilities
In conjunction with the determination of the particulars of Engineer's services,and as a material factor in
the determination of Engineer's fee, Client shall make reasonable efforts to cooperate with Engineer
including without limitation:
- Designate a single representative with appropriate authority with whom Engineer can deal;and direct
all communications to Engineer's project manager.
- Directory of all other project consultants including company names, key personnel, addresses,
telephone,fax,and email address.
- Provide all relevant Project information to Engineer in a timely manner; and respond to Engineer's
questions and requests for information approval within a reasonable time.
- Provide appropriate coordination with and among the Project's various consultants.
- Refrain from authorizing or allowing recorded or unrecorded deviations from Engineer's instruments
of service, or the use of Engineer's un-finalized Instruments of Service for cost projections or other
purposes without Engineer's knowledge and consent.
- Operator manuals of design and facility standards, if applicable.
- Project Schedule with key milestone dates and a critical path.
- List of preferred vendors, if any.
END
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COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit C(SE)
July 22, 2019
Page 1
EXHIBIT C(SE)—STRUCTURAL ENGINEERING SCOPE OF SERVICES
A. Schematic Design Services:
1. Confer with the Architect,Owner, and other Consultants to determine design criteria, design and
scope of work.
2. Participate in design coordination and integration meetings to discuss design solutions that meet
the design intent.
3. Consultant will visually review the reasonably accessible portions of the existing facilities to
ascertain in general the accuracy of the Project's applicable"as built"documentation,taking such
photographs and preparing such documents for consultant's internal use as are in consultant's
judgment appropriate and economically justified; but these service will not involve the
preparation of detailed "as builts," nor any detailed surveys, any destructive investigation or
inspection or any testing of materials.
4. Provide preliminary calculations and schematic sizing of critical building structural elements.
5. Coordinate with Architect and provide drawing layout of all structural framing.
6. Provide additional detailing notes and sizing of structural elements at areas of Architecturally
expressed areas or areas requiring additional coordination.
7. Provide schematic framing and foundation plans.
8. Prepare outline specifications in the consultant's standard format and level of detail.
B. Design Development Services:
1. Prepare up-to-date preliminary calculations for system sizing and design.
2. Provide up-to-date approximate sizes and Ceiling space requirements for new structure.
3. Prepare design development plans in the consultant's standard format and level of detail.
4. Prepare outline specifications in the consultant's standard format and level of detail.
5. Attend review meetings with architect and owner during the Design Development phase to work
through coordination and design detail items.
6. Participate in a single round of VE and constructability review with Architect and owner as
required.
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COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit C(SE)
July 22, 2019
Page 2
C. Construction Document Services:
1. Finalize all final framing and detailing for structural systems coordinated with Architectural and
other consultant documents.
2. Prepare construction documents, in the consultant's standard format and level of detail,suitable
for obtaining a building permit in accordance with the local building department and/or governing
authority.
3. Provide final Structural calculation set as required for permit submission.
4. Prepare specifications in the consultant's standard format and level of detail.
5. Respond to plan check corrections as required to assist in obtaining plan check approval.
D. Bid Negotiation and Construction Administration Services:
1. Provide support services for assisting prospective bidders related to construction document
interpretations,clarifications,and supplement documentation,as required to support the design
intent. Provide responses to all pre-bid inquiries from prospective bidders regarding construction
documents and specifications.
2. Review shop drawings,manufacturers'prints,submittals and samples furnished by the Contractor
pursuant to the industry-standard protocol set forth in AIA Document A201-2007.
3. Confer with the Architect, Contractors and other Consultants to resolve related construction
issues.
4. Make field observations as directed, per the quantity listed in Exhibit "C", in order to review the
progress of the work and to be available to address contractor questions, but not to provide
construction inspection.
E. Services Not Included:
1. All backgrounds, and requested architectural details, are to be provided by the Architect in CAD
".dwg"or".rvt"format.
2. Detailed cost estimates—although coordination with the project's cost estimator in included.
3. Dimensions and elevations for building geometry. This proposal assumes that all critical
dimensions of all scope related devices will be documented on the architectural drawings.
4. Site structures including retaining walls, landscape features, and fencing unless specifically
included in separate scope of services document Exhibit C.
. .
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COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit C(SE)
July 22, 2019
Page 3
5. Plan Check fees, Permit fees, Utility Company fees,or fees of any kind.
6. Detailed / comprehensive evaluation and/or formal written report outlining the impacts of
applicable local codes and ordinances. Applicable code research for engineering purposes is
included.
7. Physical testing or inspection and/or inventory of any existing building elements.
8. Seismic bracing and anchorage of mechanical and electrical equipment will be performance spec
and designed by bidder unless specifically noted as scope provided in Exhibit C.
END
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COLLABORATIVE
Mason County Courthouse Assessment-Phase 2
Engineering/Consulting Proposal and Professional Service Agreement—Exhibit D
July 22,2019
Page 1
EXHIBIT D—INSURANCE
A. Minimum limits and conditions of insurance required:
1. Professional Liability Insurance - Not less than $2 million each claim / $4 million aggregate,
including limited contractual liability coverage.
2. Workers Compensation Insurance - As required by state law. In addition, consultant waives all
rights against Architect and its agents,officers,directors,and employees for recovery of damages
to the extent these damages are covered by the workers compensation and employers liability
insurance obtained by consultant.
3. Employers Liability Insurance-Not less than the following:
a. Each Accident $1,000,000
b. Disease- Policy Limit $1,000,000
c. Disease- Each Employee $1,000,000
4. Commercial General Liability Insurance
a. Commercial General Liability Insurance (CGL) with a limit of not less than $1 million each
occurrence and $2 million aggregate.
b. Client shall be included as an additional insured under the CGL policy using"blanket or specific
additional insured wording or attached to the certificate of insurance". Consultant's
insurance shall be primary.
5. Commercial Automobile Liability Insurance
a. Business automobile coverage will be written with a minimum limit of not less than$1 million
for each accident.
b. The automobile liability policy shall include coverage for owned automobiles (where
applicable) as well as non-owned and hired automobile coverage's.
B. Policies shall be written by an insurance company"admitted"to do business in the State of California
with a minimum rating by A.M. Best&Company of A-X.
C. Certificates of Insurance evidencing the above coverage's shall be provided to the Client. Each
certificate shall provide a 30-day written notice of cancellation, except 10 days' notice for non-
payment of premium.
END