HomeMy WebLinkAbout5.245 Original ContractWieland Lindgren
AND ASSOCIATES, INC
Mr. Robert J. Titus
Director, City Light
City of Port Angeles
321 East Fifth Street
PO Box 1150
Port Angeles, Washington 98362
Subject: City Hall Overheating Study
Dear Mr. Titus:
Plaza 600 Suite 303
600 Stewart Street
Seattle, Washington 98101
(206) 441 -5172
June 14, 1990
We propose to render professional engineering services in
connection with the problem of overheating in the City Hall
building (herein after called the "Project You are expected
to make available all pertinent existing data, including results
of the testing and balancing work conducted by Neudorfer
Engineers approximately three years ago. You are also expected
to furnish us with access to the building and to senior
maintenance staff to the extent necessary for us to gather study
data.
Our services will consist of preparing a Study and Report as set
forth in the General Provisions which are attached to this
letter. We will also furnish such Additional Services as you may
request.
You will pay us for our Basic Services and Expenses a lump sum of
$6,750.
Additional Services will be charged on the basis of Salary Costs
times a factor of 2.85. Reimbursable Expenses incurred in
connection with all Additional Services will be charged on the
basis of actual cost.
We will bill you monthly for services and Reimbursable Expenses.
The above financial arrangements are on the basis of prompt
payment of our bills and the orderly and continuous progress of
the Project.
We expect to start our services before 9 July 1990. The time
periods for the performance of our services are set forth in the
General Provisions. If there are protracted delays for reasons
beyond our control we would expect to negotiate with you an
equitable adjustment of our compensation taking into
consideration the impact of such delay.
Wieland Lindgren
This proposal and the General Provisions consisting of 5 pages
represent the entire understanding between you and us in respect
of the Project and may only be modified in writing signed by both
of us. If it satisfactorily sets forth your understanding of our
agreement, we would appreciate your signing the enclosed copy of
this letter in the space provided below and returning it to us.
This proposal will be open for acceptance until 30 June, 1990,
unless changed by us in writing.
Very truly yours,
WIELAND, LINDGREN AND ASSOCIATES, INC.
By
llatrick Smiley, Vice P esident
Accepted this 18 day of
City of Port Angeles
B
1990
Mr. Robert J. Titus
June 14, 1990
Page 2 of 2
1.1 GENERAL.
1.2 STUDY AND REPORT PHASE.
GENERAL PROVISIONS
Attached to and made a part of LETTER AGREEMENT, dated June 14,
1990 between City of Port Angeles (OWNER) and Wieland, Lindgren
and Associates, Inc. (ENGINEER) in respect of the Project
described therein.
1.1.1 ENGINEER shall perform for OWNER professional engineering
services in all phases of the Project to which this Agreement
applies as hereinafter provided.
After written authorization to proceed, ENGINEER shall:
1. Visit the building to gather data, including
discussions with senior staff people familiar with
maintenance and operation of the building.
2. Review drawings, specifications, mechanical system test
results, and such other relevant information as can be
made available.
3. Analyze performance of existing systems, prepare and
analyze concepts for improvement. This will include
computer simulation and budgetary cost estimates,
concepts will include heat recovery and indirect
evaporative cooling.
4. Prepare a draft report.
5. Discuss the draft (by telephone or in person in
Seattle) with City staff.
6. Prepare final report, including responses to Owner
comments on the Draft.
The Study and Report Phase Services will be substantially
completed and the Draft Report submitted within 30 calendar days
following written authorization from OWNER to ENGINEER to proceed
with that phase of services. The Final Report will be submitted
within 14 calendar days of receipt of Owner comments on the Draft
Report.
SECTION 2 ADDITIONAL SERVICES OF ENGINEER
2.1 Normal and customary engineering services do not include
service in respect of the following categories of work which are
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WIELAND, LINDGREN AND ASSOCIATES, INC. CONSULTING ENGINEERS
usually referred to as Additional Services.
2.1.1 If OWNER wishes ENGINEER to perform any of the following
Additional Services, OWNER shall so instruct ENGINEER in writing,
and ENGINEER shall perform or obtain from others such services
and will be paid therefor as provided in the Letter Agreement:
Preparation of applications and supporting documents for BPA
or other outside financial support of the Project in
addition to those required under Basic Service; preparation
or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
Services to make measured drawings of or to investigate
existing conditions or facilities beyond the data needs of
the study.
Services resulting from significant changes in the general
scope, extent or character of the Project or major changes
in documentation previously accepted by OWNER where changes
are due to causes beyond ENGINEER's control.
Providing renderings or models.
Preparing to testify or testifying as a consultant before
the City Council or other public forum.
SECTION 3 OWNER'S RESPONSIBILITIES
3.1 OWNER shall provide all criteria and full information as to
OWNER's requirements for the Project; designate a person to act
with authority on OWNER's behalf in respect of all aspects of the
Project; examine and respond promptly to ENGINEER's submissions;
and give prompt written notice to ENGINEER whenever OWNER
observes or otherwise becomes aware of any defect in the work.
3.2 OWNER shall also do the following and pay all costs incident
thereto;
Furnish to ENGINEER copies of available drawings and
specification for the original building and any additions or
alterations; copy of the Neudorfer Engineers report on the
testing and balancing they accomplished in or about 1987.
Guarantee access to and make all provisions for ENGINEER to
enter upon public and private property.
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WIELAND, LINDGREN AND ASSOCIATES, INC. CONSULTING ENGINEERS
SECTION 4 MEANING OF TERMS
4.1 As used herein the term "this Agreement" refers to the
Letter Agreement to which these General Provisions are attached.
4.2 Direct Labor Costs used as a basis for payment mean salaries
and wages (basic and incentive) paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to,
engineers, architects, surveyors, designers, draftsmen
specification writers, estimators, other technical and business
personnel; but does not include indirect payroll related costs or
fringe benefits.
4.5 Reimbursable Expenses mean the actual expenses incurred by
ENGINEER or ENGINEER's independent professional associates or
consultants directly or indirectly in connection with the
Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining budgetary estimates from
contractor(s); toll telephone calls and telegrams; reproduction
of reports, Drawings, Specifications, Bidding Documents and
similar Project related items in addition to those required under
Section 1; and if authorized in advance by OWNER, overtime work
requiring higher than regular rates.
SECTION 5 MISCELLANEOUS
5.1 REUSE OF DOCUMENTS.
All documents including Drawings and Specifications prepared or
furnished by ENGINEER (and ENGINEER's independent professional
associates and consultants) pursuant to this Agreement are
instruments of service in respect of the Project and ENGINEER
shall retain an ownership and property interest therein whether
or not the Project is completed. OWNER may make and retain
copies for information and reference in connection with the use
and occupancy of the Project by OWNER and others; however, such
documents are not intended or represented to be suitable for
reuse by OWNER or others on extensions of the Project or on any
other project. Any reuse or adaptation by ENGINEER for the
specific purpose intended will be at OWNER's sole risk and
without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants, and OWNER
shall indemnify and hold harmless ENGINEER and ENGINEER's
independent professional associates and consultants from all
claims, damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER for further compensation at
rates to be agreed upon by OWNER and ENGINEER.
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WIELAND, LINDGREN AND ASSOCIATES, INC. CONSULTING ENGINEERS
5.2 OPINIONS OF COST.
Since ENGINEER has no control over the cost of labor, materials,
equipment or services furnished by others, or over the
Contractor(s)' method of determining prices, or over competitive
bidding or market conditions, ENGINEER's opinions of probable
Total Project Costs and Construction Cost provided for herein are
to be made on the basis of ENGINEER's best judgment as an
experienced and qualified professional engineer, familiar with
the construction industry; but ENGINEER cannot and does not
guarantee that proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of probable cost
prepared by ENGINEER. If prior to the Bidding or Negotiating
Phase owner wishes greater assurance as to Total Project or
Construction Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.2. ENGINEER's services to
modify the Contract Documents to bring the Construction Cost
within any limitation established by OWNER will be considered
Additional Services and paid for as such by OWNER.
5.3 OTHER PROVISIONS CONCERNING PAYMENTS.
If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty days after receipt of ENGINEER's Statement
therefor, the amounts due ENGINEER will be increased at the rate
of 1% per month from said thirtieth day, and in addition,
ENGINEER may, after giving seven days' written notice to OWNER,
suspend services under this Agreement until Engineer has been
paid in full all amounts due for Services, expenses and charges.
5.4 TERMINATION.
The obligation to provide further services under this Agreement
may be terminated by either party upon seven days' written notice
in the event of substantial failure by the other party to perform
in accordance with the terms hereof through no fault of the
terminating party. In the event of any termination, ENGINEER
will be paid for all services rendered to the date of
termination, all Reimbursable Expenses and termination expenses.
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WIELAND, LINDGREN AND ASSOCIATES, INC. CONSULTING ENGINEERS
5.5 CONTROLLING LAW.
This Agreement is to be governed by the law of the State of
Washington, the principal place of business of ENGINEER.
5.6 SUCCESSORS AND ASSIGNS.
5.6.1 OWNER and ENGINEER each is hereby bound and the partners,
successors, executors, administrators and legal representatives
of OWNER and ENGINEER (and to the extent permitted by paragraph
5.6.2 the assigns of OWNER and ENGINEER) are hereby bound to the
other party to this Agreement and to the partners, successors,
executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants,
agreements and obligations of this Agreement.
5.6.2 Neither OWNER nor ENGINEER shall assign, sublet or
transfer any rights under or interest in (including, but without
limitation, moneys that may become due or moneys that are due)
this Agreement without the written consent of the other, except
to the extent that any assignment, subletting or transfer is
mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this paragraph shall
prevent ENGINEER from employing such independent professional
associates and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder.
5.6.3 Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than
OWNER and ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of OWNER and ENGINEER and not for the benefit
of any other party.
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WIELAND, LINDGREN AND ASSOCIATES, INC. CONSULTING ENGINEERS