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HomeMy WebLinkAbout000345 Original Contract f ' - #000345 . AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND LINDBERG & SMITH ARCHITECTS PROJECT PD01-2011 THIS AMENDMENT NO. 2 is made and entered into this day of 2013, by and between the City of Port Angeles, a non-charter code city o the State of Washington, (hereinafter called the "CITY") and LINDBERG & SMITH ARCHITECTS, INC., a Washington Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT"). NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on April 24, 2012, (the AGREEMENT). SECTION 2 I AMENDMENT SCOPE OF SERVICES Additional analysis and design of the electrical system for the HVAC System. II TIME OF PERFORMANCE The work for Amendment 2 shall be completed by July 31, 2014. III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement are stated in the attached Exhibit C2 to Amendment 2. The maximum compensation amount of the Agreement for Amendment 2 is $13,000.00. The budget for the Phases may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation of$60,500.00 is not exceeded. IV EXHIBITS This Amendment, including its exhibits, constitutes the entire Amendment, supersedes all prior written or oral understandings related to the subject of this Amendment, and may only be OCA 2011-01 Amendment 2,Page 1 8/22/2013 changed by written agreement by both parties. The following exhibits are hereby made a part of this Amendment: • Exhibit C2 - Budget SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT and AMENDMENTS are confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES LIND , ' Ie & SMITH ARCITECTS, INC. By: BY: Il1_IIk iY�g er �A G�-,' n Title: if " ATTEST: I W v4il Jati sa Hurd, City Clerk APPROVED AS TO FORM: • William E. Bloor, City Attorney OCA 2011-01 Amendment 2,Page 2 8/22/2013 000345 AMENDMENT 1 THIS AMENDMENT NO. 1 is made and entered into this J day of 2012, by and between the City of Port Angeles, a non charter code city of the State of Washington, (hereinafter called the "CITY and LINDBERG SMITH ARCHITECTS, INC., a Washington Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on April 24, 2012, (the AGREEMENT). SECTION 2 I AMENDMENT SCOPE OF SERVICES A. The scope of professional services is amended to include the additional work as described in the attached Exhibit Al to Amendment 1. The CONSULTANT shall provide and furnish all services and material necessary to accomplish the additional work identified in Exhibit Al to Amendment 1. II TIME OF PERFORMANCE The work for Amendment 1 shall be completed by January 31, 2013. III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement are stated in the attached Exhibit C 1 to Amendment 1. The maximum compensation amount of the Agreement for Amendment 1 is $22,500.00. The budget for the Phases may be further adjusted by mutual agreement without OCA 2011 -01 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND LINDBERG SMITH ARCHITECTS PROJECT PD01 -2011 Amendment 1, Page 1 10/26/2012 an amendment to the Agreement, as long as the maximum compensation of $47,500.00 is not exceeded. IV EXHIBITS This Amendment, including its exhibits, constitutes the entire Amendment, supersedes all prior written or oral understandings related to the subject of this Amendment, and may only be changed by written agreement by both parties. The following exhibits are hereby made a part of this Amendment: Exhibit Al Scope of Services Exhibit Cl Budget SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT and AMENDMENTS are confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES ATTEST: OCA 2011 -01 By: City Manager Jane •sa Hurd, City Clerk APPROVED AS TO FORM: Wi1lihin E. Bloor, City Attorney By: Title: LIN SMITH ARCITECTS, INC. Amendment 1, Page 2 10/26/2012 Exhibit Al -Scope of Services Phases 3 through 6 Design services for mechanical and electrical upgrades to computer and radio equipment rooms, and remodel of two IT offices. The Consultant shall provide the services described in Phases 3, 4, 5, and 6 for these tasks related to the proposed mechanical and electrical upgrades to computer and radio equipment rooms and the enclosure of two IT offices, all in City Hall. Existing Conditions City Hall IT Room (Approximately 17' x 20') The following existing conditions are noted: The existing room has two PDUs operating at 8.5 kW and 9.6 kW. The heat produced from these units is approximately 6.2 sensible tons (about 8 total tons). The cooling for this room is provided from redundant 5 ton units that share common ductwork, and a separate 3 1/2 ton ductless split system. The cooling system is operating at its capacity to maintain cooling to the space. The 5 ton systems being used are standard commercial equipment and not rated for continuous operation. There is a 12" raised floor and a dropped ceiling in the room. There is 6 to 7 feet of space above the ceiling and a large amount of ductwork etc. routed through this space. The space is protected by a FM 200 fire suppression system. The space may contain a discharge if the system is activated. Smoke detectors are spot type and are used for alarm and discharge of FM 200 system. Police Department, Radio Room The existing equipment has some condensation leaks. A drip pan has been installed to protect the equipment. Hunt Engineering will review the existing installation and design changes or equipment replacement to remove the exposure of the equipment to condensation leaks. Design shall include the following upgrades City Hall IT Room Remove the lay -in ceiling, and modify the equipment and ductwork above the room to minimize routing over the computer equipment. Provide drip and water protection for the computer equipment from any equipment that is required to remain above the ceiling. Design HVAC upgrade and include hot aisle /cold aisle separation. This upgrade is to reduce, or eliminate, the overhead ductwork from above the computer equipment. The equipment should be rated for continuous operation and have redundancy. The hot/cold aisle containment coupled with blanking panels on all cabinets and racks should raise the return air temperature 10 to 15 degrees N \Professional Services Agreements\2012 Clerk, PD Mechanical Remodel PD02- 2011(PSA 2012- 05) \05 Consultant Agreements\Amendment #1\2012 -10 -15 Exhibit Al Scope of Work doc resulting in about a 20% increase in the equipment capacity and an increase in the efficiency that the equipment operates at. If feasible, reuse of existing HVAC equipment will be considered in the design and new equipment bid under an alternate. The FM 200 system will be modified to match the new volume of the room. Holes and openings in the room will be sealed or protected by fire /smoke dampers and the room fan tested to verify the FM 200 system will be affective on a discharge. A VESDA System will be deigned for the space. This system can be used for very early smoke detection and provide excellent early warning for these spaces. The VESDA units typically have 4 different alarm levels that are each adjustable. (Bid Alternate). If desired, VESDA systems can also be used as a releasing signal for the FM 200. Currently, design work to the UPS system and the Generator system are not included in our scope of work. Electrical capacity for the added HVAC work will be verified as part of this scope of work. The task will also include the remodeling of two partitioned offices to be partially enclosed to provide more secure offices. In addition, the fire protection requirements will be evaluated to ensure the IT equipment is adequately protected, including isolation to protect from potential damage from fire sprinklers above, gas containment, alarming, etc. This comprises approximately 200 sf of space. Police Department, Telephone Equipment Room Add FM 200 fire suppression System. Add VESDA very early smoke detection system (bid alternate). HVAC, Generator and UPS are sufficient at this time and no work to these systems is included in this scope. Police Department, Radio Room Upgrade sealing of the room, including adding fire /smoke dampers to ensure room passes fan test for FM 200 system operation. Add VESDA very early smoke detection system (bid alternate). The following work is excluded from this scope of work: Design work to the generator or UPS systems or UPS power distribution in the data room; Redesign or review of contractor proposed redesign or alternate equipment solutions; Any review fees or printing costs (for multiple sets). Refer to Exhibit B of the original contract for the detailed descriptions of the tasks that the Consultant will perform under Phase 3, 4, 5,and 6. N \Professional Services Agreements\2012 Clerk, PD Mechanical Remodel PD02- 2011(PSA 2012- 05) \05 Consultant Agreements\Amendment #1\2012-10-15 Exhibit Al Scope of Work doc Exhibit Cl BUDGET AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND LINDBERG SMITH ARCHITECTS, INC. PROJECT PD01 -2011 Original Total Contract Contract Task Description Amount Amendment 1 Amount Phase 1 and 2 ADA and safety $25,000 $0 $25,000 review, conceptual design and cost estimates. Phase 3, 4, 5, Design, $0 $22,500 $22,500 and 6 construction documents, cost estimate, bidding assistance, and construction administration services Total $47,500 Project PD01 -2011 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND LINDBERG SMITH ARCHITECTS, INC. PROJECT PD01 -2011 City of Port Angeles Record #000345 RELATING TO: CLERK STORAGE, POLICE DEPARTMENT MECHANICAL REMODEL THIS AGREEMENT is made and entered into this day of 5410 J 2012, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY and LINDBERG SMITH ARCHITECTS, INC., a Washington Professional Limited Liability Company authorized to do business in the state of Washington (hereinafter called the "CONSULTANT'). WHEREAS, the CITY desires to develop a design for the remodel of the City Hall Information Technology (IT) Data Center Renovation, Police Department IT Area Upgrades, City Clerk Storage Remodel, Additional Offices for officers for Police Department, and Police Department —1 Floor Renovation and Mechanical Remodel; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified architectural and engineering consulting firm to perform the scope of work as detailed in Exhibit A and B, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and /or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibits A and B, and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Additional Services" as related in Section XII of this Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in 1 4/16/2012 accordance with the standards of Architecture and Engineering profession and in compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and the duration of the Agreement shall extend through sec.3I Z n t 1 The work for awarded phases shall be completed in accordance with the schedule set forth in the attached Exhibit E. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit D. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non -salary direct costs; shall indicate the specific task or activity in the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task. Project PD01 -2011 1. The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms of this Agreement, including, but not limited to, travel, subsistence, telephone, reproduction and printing, supplies and fees of outside services and consultants. No overhead and profit may be added to direct non -salary reimbursable costs. 2. General clerical time shall be considered an overhead item, except where specific work items are involved that require one hour or more continued effort, in which case time will be charged on the basis of hours worked. 2 4/16/2012 C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed Tess the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT for any awarded phase will be made after the completion of the work and the acceptance of the CITY of that phase. F. Payment for "Additional Services" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $25,000.00 for phases 1 and 2. The budget for each task is as set forth in the attached Exhibit C. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $25.000.00 for phases 1 and 2 The maximum compensation for phases 3 6 will be determined upon award of each phase. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance how the scope of work is accomplished.. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. IX NONDISCRIMINATION Project PD01 -2011 3 4/16/2012 The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII ADDITIONAL SERVICES The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Additional Services" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such additional services unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. Project PD01 -2011 4 4/16/2012 B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the percentage of work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION /HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers 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 and damages caused by the sole negligence of the CITY. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. 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. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the 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, employees or subcontractors. Project PD01 -2011 5 4/16/2012 No Limitation. CONSULTANT'S maintenance of insurance as required by the aareement 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. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. 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; and, 2. 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. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Project PD01 -2011 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 6 4/16/2012 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. Any payment of deductible or self insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A Responsibilities and Services of Architect and Engineer Exhibit B Scope of Work Exhibit C Budget for Each Task Exhibit D Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit E Schedule for the Work IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Project PD01 -2011 7 4/16/2012 Project PD01 -2011 CONS NT LINDB MITH ARCHITECTS, INC. CITY OF PORT ANGELES BY: I BY: TITLE: 1 SIGNA UR DATE: Z. CITY SIGNATU E DATE: APPROVED AS TO FORM: BY: BY: 8 4/16/2012 EXHIBIT A SCOPE OF WORK General The project work will be planned and performed in five distinct tasks: Task 1, City Hall Information Technology (IT) Data Center Renovation; Task 2; Police Department IT Area Upgrades; Task 3, City Clerk Storage Remodel; Task 4, Additional 2 floor offices for Police Department; Task 5, Police Department 1' Floor Renovation The services to be performed in this project will be performed in six phases. The phases are: 1. Review and summary report of all ADA and fire access requirements for all spaces. 2. Programming and Schematic Design phase for conceptual design and cost estimate of all five tasks. 3. Design Development phase including cost estimate— May be awarded later in accordance with terms of the agreement. 4. Construction Documents (90% design) phase including cost estimate May be awarded later in accordance with terms of the agreement. 5. Bid phase (100% design) including cost estimate May be awarded later in accordance with terms of the agreement. 6. Construction Administration phase May be awarded later in accordance with terms of the agreement. Initial award of this Agreement will only be for Phase 1 2. Phase 1 shall be completed prior to the approval of proceeding to Phase 2. In addition to the design, Phase 2 shall include both the estimated construction cost for each individual task and the budget estimate for the professional consultant services to accomplish each of the subsequent phases. Upon successful completion of Phase 2, subsequent phases may be awarded for any of the other tasks based on a mutually agreed cost for consultant services. Any task may or may not proceed to any subsequent phase at the City's sole discretion.. A notice to proceed will be issued for each phase of the project. Task 1— City Hall Information Technology (IT) Data Center Renovation Description This Task involves the Data Center Facility Air Conditioning upgrade design (allowing for future expansion) and the construction of secure offices of all IT personnel. The Data Center area is approximately 300 square feet. The current air conditioning units are undersized and do not allow for adequate and sustained cooling of the computer servers in the Data Center. An Arthur Anderson study for upgrading the air conditioning (dated December 2011) identified two viable options that have the potential as long term solutions. This study will be made available to the consultant. This task will involve the redesign and upgrade of the air conditioning system to allow for existing equipment and its expansion. Consultant will interview IT staff for specific IT requirements expected for the space in order to design adequate air conditioning and other support systems In addition, the fire protection systems will be evaluated to ensure the IT equipment is adequately protected, including isolation to protect from above ceiling potential sprinkler damage gas containment, alarming, etc Project PD01 -2011 A-1 4/16/2012 The Task will also include the remodel design of two partitioned offices to be partially enclosed to provide more secure offices. These spaces comprise approximately 200 SF of space. Task 2 Police Department IT Area Upgrades Description This task is to design upgrades of the fire suppression system, and modifications to the HVAC and electrical systems within the Police Department and Pencom. The task involves the replacement of the Halon fire suppression system in the Police Department computer server rooms with a new FM2000 based system. The design shall include providing and installing new control panels, smoke detectors, and nozzles, and removing the old system. In addition, the fire protection systems will be evaluated to ensure the IT and 911 equipment is adequately protected, including isolation to protect from above and within ceiling sprinkler damage potential, gas containment, alarming, etc. The Consultant will interview IT, Police Department, and PenCom staff for specific IT requirements for the space in order to design adequate support systems. Task 3 City Clerk Storage Remodel Description This Task is to design a secure storage room by remodeling the current Police Department locker and weight rooms. The area is approximately 990 square feet. The design shall include plans for the removal of walls and windows, plumbing fixtures, floor drains, and other ancillary items. Fire protection and security requirements appropriate for records storage shall be included. This design will include HVAC including humidity and temperature controls; electrical, telephone, and data communication wiring; and the installation of storage units and a work station. Task 4 Additional Offices for Police Department Description This Task is to design a new detective space for 7 detectives by remodeling the current storage area above the Police Department. The area is approximately 1,120 square feet with 720 square feet of useable space. The design shall include the removal of the dumbwaiter, the remodel of mechanical and electrical systems, HVAC, plumbing fixtures, fire protection, telephone and data wiring. The space shall be divided into office spaces, including 6 cubicles, small storage spaces, interview rooms, and one office for the Detective Sergeant. Task 5 Police Department 1St Floor Renovation and Mechanical Remodel Description This task shall include the remodel design of the existing downstairs Patrol and Detective offices to include two new office for police personnel. The space is approximately 400 total square feet. This task shall also include the replacement of all carpeting throughout the first floor of the Police Department. General Notes: All tasks will involve interviews of the affected Departments' personnel and compiling additional information needed to design the project. Project PD01 -2011 A -2 4/16/2012 EXHIBIT "B" RESPONSIBILITIES AND SERVICES OF ARCHITECT Consultant shall provide all professional services necessary for completing the following: A. BASIC SERVICES Consultant agrees to provide the services described below: 1. Consultant shall be responsible for the professional quality and technical accuracy of the designs, drawings, specifications and other services furnished by Consultant under the Agreement. The Consultant shall coordinate with the City's Representative for any meetings, data collection, or other access to City employees or areas. Consultant shall, without additional compensation, correct or revise any errors or omissions in its design, drawings, specifications and other services. Project(s) will be developed under a General Contractor system. Consultant will develop all documentation based on this method of project delivery. 2. The City shall provide as-built drawings and information regarding any requirements for the Project including the City's schedules, constraints, budgets, and other relevant criteria and information regarding the Project to the extent readily available to the City. Consultant shall notify the City of any errors or omissions it may find. Consultant shall visually verify any information provided by the City and shall verify locations of existing utilities, including telephone, plumbing, electrical, fire suppression, HVAC, and other lines within the Project areas. The Architect shall notify the City in writing if he or she has any concerns regarding the accuracy of any documents or information provided by the City related to the existing utilities. 3. If Consultant determines that the information or documentation the City provides is insufficient for purposes of design or if the Consultant requires structural or mechanical tests or information that the City has not provided, the Consultant shall request that the City provide that information at the soonest possible time. 4. Demolition. Provide demolition drawings that should include Floor Plans, General Notes, Specifications and all documentation required to implement and maintain demolition work. 5. When documentation is provided, in addition to hardcopy indicated elsewhere in this exhibit, the Consultant shall provide one editable electronic file of each document in a format acceptable to the City and one adobe pdf electronic file. For drawings, use Autocad (2012) for the editable file. The rights to all documentation provided becomes the property of the City. 6. The design and estimate format shall conform to the Construction Specifications Institute (CSI) MasterFormat standard. The City will provide the Consultant a model Division 1 for General Conditions based on the "General Conditions for Washington State Facility Construction" for buildings. This model Division 1 will be provided to Project PD01 -2011 B -1 4/16/2012 the Consultant for their use in developing that division of the project manual. B. PRE- DESIGN AND START -UP SERVICES (Phases 1 2) These services include the ADA and Access evaluation and the Programming and Schematic Design Phases. 1. Project Initiation Upon final execution of the Agreement with the City, the Consultant shall: a. Within the first week following execution of the Agreement, review the proposed Schedule of Work set forth in Exhibit "E" to the Agreement and prepare a detailed scope of work list and work plan for documentation schedule to the City's reasonable satisfaction. This scope of work list and work plan will identify specific tasks including, but not limited to: interviews, data collection, analysis, planning, concepts and design preparation, and cost estimating that are part of the work of the Project. Consultant shall also identify milestone activities or dates; specific task responsibilities; required completion times for the review and approval by the City and all regulatory agencies. Consultant shall meet with the City of Port Angeles Department of Community and Economic Development (DCED) Staff to review the project and associated permit requirements. This meeting shall include the project manager and appropriate Public Works Engineering staff. b. The Consultant shall review the City's Project as follows: The Consultant's project manager shall meet with the City at the City Hall office to initiate the remodel project. The Consultant and City shall cover the following topics at the meeting: Review the overall project scope and schedule, and chronology critical path of activities. Discuss with each affected Department its requirements for facility remodel. Identify functional needs, directives and constraints imposed by building codes. Review all data pertinent to the Project including survey and pertinent historical data. 2. Construction Cost Construction Budget a. Consultant shall have the responsibility to further develop, review, and reconcile the Consultant's estimated construction costs within the parameters of the Project Budget and construction budget established by in the City. The estimates forming the basis of the construction budget are to be based on current area, conceptual cost estimating techniques, as approved by the City. The following conditions apply to the estimated construction cost prepared by the Consultant: (i) Project PD01 -2011 All costs are to be based on current prices with escalation rate and duration clearly identified as a separate line item. Projected bid and construction B -2 4/16/2012 (iii) The Consultant shall review all City information and cost estimates from the City that are intended to form the basis of the construction cost. (iv) Two (2) weeks after submittal of Task documents, the Consultant shall submit its estimated construction cost to the City for review and approval. b. The accuracy of the estimated construction cost shall be the responsibility of the Consultant. If the estimated construction cost for the Project exceeds the City's construction budget at the end of the current design phase, the Consultant will make recommendations to the City for approval of necessary or suggested design changes to reduce the construction cost. The Consultant will revise the documents of the subsequent design phase to reduce the estimated construction cost so as not to exceed the City's approved construction budget. c. Consultant along with any involved sub- consultant(s) shall present and review with the City the summary and detail of work involved in this Phase. 3. Pre Design Deliverables and Numbers of Copies a. Consultant shall provide to the City five (5) hard copies of the following items produced in this Phase, together with one copy of each item in electronic format: Project PD01 2011 dates are to be as approved by the City and its representatives. (ii) Contingencies for design, bidding, and construction are to be included as individual line items with the percentage and basis of calculation clearly identified. Floor Plan(s) The estimated construction cost Final Schedule of Work Meeting Reports/Minutes from "Kick -off" and other meetings. b. Meetings During this Phase, Consultant shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated in item "H" below. C. DESIGN DEVELOPMENT PHASE (Phase 3) May be awarded later in accordance with terms of the Agreement. If awarded, upon City's acceptance of Consultant's work in the previous Phase and assuming City has not delayed or terminated the Agreement, the Consultant shall prepare the Design Development Phase documents consisting of, without limitation, the following for each proposed system within Consultant's Scope of Work: 1. Architectural a. Scaled, dimensioned floor plans with final room locations including all openings. b. 1/8" scale building sections showing dimensional relationships, materials, and component relationships. B -3 4/16/2012 c. Identification of all fixed equipment to be installed. d. Preliminary development of construction details and large scale blow -ups. e. Legend showing all symbols used on the drawings. f. Floor plans identifying all fixed and movable major equipment and furniture. Further refinement of the Outline Specification for architectural, structural, mechanical, and electrical, systems and equipment. h. Typical reflected ceiling development including ceiling grid and heights for each ceiling to be used, showing: (i) Light fixtures. (ii) Ceiling registers or diffusers. (iii) Access Panels. 2. Structural a. Structural drawing with all major members located and sized. b. Establish fmal building and floor elevations. c. Preliminary specifications. 3. Mechanical, HVAC and Fire Suppression a. Heating and cooling load calculations as required and major duct or pipe runs sized. b. Major mechanical equipment should be scheduled indicating size and capacity. c. Ductwork and piping should be substantially located and sized. d. Devices in ceiling should be located. e. Legend showing all symbols used on the drawings. f. Outline Specifications indicating quality level and manufacturer. g. Control Systems to be identified. 4. Electrical and Communications g. a. All lighting fixtures should be located and scheduled showing all types and quantities of fixtures to be used, including proposed lighting levels for each usable space. b. All major electrical equipment should be scheduled indicating size and capacity. c. Complete electrical distribution including a one line diagram indicating fmal location of switchboards, communications, controls (high and low voltage), motor control centers, panels, transformers, and emergency generators, if required. Low voltage system includes fire alarm system, security system, clock and public address system, voice data system, and telecom/technology system. Project PD01 -2011 B -4 4/16/2012 d. Legend showing all symbols used on the drawings. e. Outline Specifications indicating quality level and manufacturer. 5. Construction cost/construction budget Update the estimated construction cost for the Project. Along with the conditions identified in the Agreement and the preceding Phases, the following conditions apply to the revised construction cost: a. Design Development Estimate: This further revised estimate shall be prepared by specification section, summarized by CSI category, and divided by trade and work item. The estimate shall include individual item unit costs of materials, labor, and equipment. Sales tax, contractor's mark -ups, and general conditions shall be listed separately. b. The accuracy of the estimated construction cost shall be the responsibility of the Consultant. If the estimated construction cost for the Project exceeds the City's construction budget at the end of the current design phase, the Consultant will make recommendations to the City for approval of necessary or suggested design changes to reduce the construction cost. The Consultant, at no expense to the City, will revise the documents of the subsequent design phase to reduce the estimated construction cost to within the City's approved construction budget. c. The Consultant shall submit its estimated construction cost to the City for review and approval. At that time, the Consultant shall coordinate with the City to further develop, review, and reconcile the estimated construction cost with the construction budget. d. At this stage of the design, the estimated construction cost may include design contingencies of no more than ten percent (10 in the cost estimates. 8. Design Review The City shall conduct a review of the Design Development Documents. The reports shall be given to the Consultant who shall make necessary changes along with providing written comments for each item listed in the report within 10 days. 9. Design Development Deliverables and Numbers of Copies 5 Design Development drawing set from all professional disciplines necessary to deliver the Project three (3) full size and two (2) half size sets of all drawings. 5 Copies of the Specifications. 5 Copies of the estimated construction cost. 10. Meetings During this Phase, Consultant shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated in item "H below. Project PD01 -2011 B -5 4/16/2012 D. CONSTRUCTION DOCUMENTS PHASE(Phases 4 5) May be awarded later in accordance with terms of the agreement. If awarded, upon City's acceptance of Consultant's work in the previous Phase and assuming City has not delayed or terminated the Agreement, the Consultant shall prepare from the accepted deliverables from the Design Development Phase the Construction Documents consisting of, without limitation, the following for each proposed system within Consultant's scope of work: 1. Construction Documents "CD 90% Stage a. Architectural (i) Elevations (exterior and interior), sections and floor plans corrected to reflect design development review comments. (ii) Architectural details and large blow -ups. (iii) Well developed finish, door, and hardware schedules. (iv) Site utility plans. (v) Fixed equipment details and identification (vi) Reflected ceiling plans coordinated with floor plans and mechanical and electrical systems. b. Structural (i) Structural floor plans and sections with detailing. (ii) Structural footing and foundation plans, floor and roof framing plans with detailing (iii) Completed cover sheet with general notes, symbols and legends. c. Mechanical, HVAC and Fire Suppression (i) Mechanical calculations with all piping and ductwork sized. (ii) Large scale mechanical details. (iii) Mechanical schedule for equipment d. Electrical and Communications (i) Lighting, power, signal and communication plans showing all switching and controls. Fixture schedule and lighting details development. (ii) Distribution information on all power consuming equipment; lighting and device branch wiring development. (iii) All electrical equipment schedules. (iv) Special electrical system components approximately located on plans. (v) Complete design of low voltage system. Low voltage system includes fire Project PD01 -2011 B -6 4/16/2012 alarm system, security system, voice data system, and telecom/technology system. e. Construction Cost/Construction Budget Update the estimated construction cost for the Project. Along with the conditions identified in the preceding phases, Consultant shall update and refine the Design Development Phase revisions to meet the construction budget. Consultant shall provide an estimated construction cost sorted by the Project Bid Packages. (ii) The accuracy of the estimated construction cost shall be the responsibility of the Consultant. If the estimated construction cost for the Project exceeds the City's construction budget at the end of the current design phase, the Consultant will make recommendations to the City for approval of necessary or suggested design changes to reduce the construction cost. The Consultant, at no expense to the City, will revise the documents prior to completion of the 100% Construction Documents to reduce the estimated construction cost so as not to exceed the City's approved construction budget. (iii) The Consultant shall submit its estimated construction cost to the City for review and approval. At that time, the Consultant shall coordinate with the City to further develop, review, and reconcile the estimated construction cost against with the construction budget if necessary. (iv) At this stage of the design, the estimated construction cost may include design contingencies of no more than 7% in the cost estimates. f. Specifications More than ninety percent (90 complete development and preparation of technical specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the Project. g. (i) Project PD01 -2011 90% Construction Documents Deliverables and Numbers of Copies Consultant shall provide to the City a hard copy of the following items produced in this phase, together with one copy of each item in electronic format: 5 Hard copies of working drawings three (3) full size and two (2) half size sets. 5 Copies of the Specifications 5 Copies of the Statement of requirements for testing and inspection of service for compliance with Construction Documents and applicable codes. 5 Copies of the estimated construction cost as prepared for this Phase. 5 Copies of the statement indicating any authorized changes made to the design from the last Phase and the anticipated cost impact of each change on the estimated construction cost. If no design changes occur but shifts of costs occur between disciplines, identify for City review. B -7 4/16/2012 2. Construction Documents 100% Completion Stage: a. Architectural (i) Completed site plan. (ii) Completed floor plans, elevations, and sections. (iii) Architectural details and large blow -ups completed. (iv) Finish, door, and hardware schedules completed, including all details (v) Site utility plans completed. (vi) Fixed equipment details and identification completed. (v i i) Reflected ceiling plans completed. b. Structural (i) Structural floor plans and sections with detailing completed. (ii) Structural calculations completed. c. Mechanical, HVAC and Fire Suppression (i) Large scale mechanical details complete. (ii) Mechanical schedules for equipment completed. (iii) Completed mechanical schematic for environmental cooling and exhaust equipment. (iv) Complete energy conservation calculations and report. d. Electrical and Communications (i) Lighting and power plan showing all switching and controls. Fixture schedule and lighting details completed. (ii) Distribution information on all power consuming equipment, including lighting, power, signal, and communication device(s) branch wiring completed. (iii) All electrical equipment schedules completed. (iv) Special system components plans completed. (v) Electrical load calculations completed. e. Specifications (i) (n) Project PD01 -2011 Complete development and preparation of technical specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the Project. Specifications shall not contain restrictions that will limit competitive bids B -8 4/16/2012 (vii) Coordination of the Specifications with specifications developed by other disciplines. f. 1 00% Construction Documents Deliverables and Numbers of Copies Consultant shall provide to the City a hard copy of the following items produced in this phase, together with one copy of each item in electronic format: 5 Hard copies of working drawings three (3) full size and two (2) half size sets. 5 Copies of the specifications, 5 Copies of the engineering calculations 5 Copies of the estimated construction cost. 5 Copies of the statement of requirements for testing and inspection of service for compliance with Construction Documents and applicable codes. 5 Copies of the the statement indicating any authorized changes made to the design from the last Phase and the anticipated cost impact of each change on the previously estimated construction cost. If no design changes occur but shifts of costs occur between disciplines, identify for City review. 3. Construction Documents (CD) Final Back -Check Stage a. The Construction Documents fmal back -check stage shall be for the purpose of the Consultant incorporating all comments into the drawings, specifications, and estimate. All changes made by the Consultant during this stage shall be at no additional cost to the City except when required due to a change in law. Consultant shall notify the City in writing if Consultant is aware of any upcoming or anticipated changes to the applicable laws or other requirements affecting the Project. b. The fmal contract documents delivered to the City upon completion of the Consultant's work shall be the Bid Set and shall consist of the following: (i) Drawings: Original tracings of all drawings on Consultant's mylar with each Consultant/sub- consultant's State license stamp. (ii) Specifications: Original word processed technical specifications on reproducible masters in CSI format. (iii) Electronic Copy of Drawings: Consultant shall provide the City with one copy each of the conformed Final Back -Check Stage drawings in AutoCAD and PDF formats. Project PD01 2011 other those required for maintenance convenience by the City and only with City's prior approval. (iii) At one hundred percent (1 00%) review, City shall review the specifications and shall direct Consultant to make corrections at no cost to the City. B -9 4/16/2012 3. Submittals Project PD01 2011 c. Consultant shall coordinate with its sub consultants so they update and refine the consultants' completed Construction Documents. d. Construction Cost Construction Budget (i) Update the estimated construction cost for the Project. Along with the conditions identified in the preceding phases, Consultant shall update and refine the 90% Construction Documents Phase revisions to the construction budget. (ii) The accuracy of the estimated construction cost shall be the responsibility of the Consultant. If the estimated construction cost for the Project exceeds the City's construction budget at the end of the current design phase, the Consultant will make recommendations to the City for approval of necessary or suggested design changes to reduce the construction cost. The Consultant, at no expense to the City, will revise the Construction Documents to reduce the estimated construction cost so as not to exceed the City's approved construction budget. (iii) The Consultant shall submit its estimated construction cost to the City for review and approval. At that time, the Consultant shall coordinate with the City to further develop, review, and reconcile the estimated construction cost against the construction budget if necessary. (iv) At this stage of the design, the estimated construction cost may include a reasonable design contingency that is approved by the City. 4. Meetings During this Phase, Consultant shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated in item "H" below. E. BIDDING PHASE (part of Phase 5) May be awarded later in accordance with terms of the agreement. If awarded, upon City's acceptance of Consultant's work in the previous Phase and assuming City has not delayed or terminated the Agreement, the Consultant shall perform Bidding Phase services for City as follows: 1. While the Project is being advertised for bids, all questions concerning intent, shall be referred to the City for screening and subsequent processing through Consultant. 2. In the event that items requiring interpretation of the drawings or specifications are discovered during the bidding period, those items shall be analyzed by the Consultant for decision by the City.. Corrective action will be in the form of an addendum prepared by the Consultant and issued by the City. The Consultant shall evaluate substitutions proposed by the Contractor and making subsequent required revisions to drawings, specifications and other documentation. 4. Respond in writing to City questions and clarifications. B -10 4/16/2012 5. Deliverables and Number of Copies Consultant shall provide to the City a hard copy of the following items produced in this phase, together with one copy of each item in electronic format: a. Upon completion of the Bidding Phase, Consultant shall produce a Conforming Set of plans and specifications incorporating all addenda issued thus far. Consultant shall supply City with 5 complete sets of plans and specifications marked as a Conforming Set 3 full size and 2 half size sets. F. CONSTRUCTION ADMINISTRATION PHASE (Phase 6) May be awarded later in accordance with terms of the agreement. If awarded, upon City's acceptance of Consultant's work in the previous Phase and assuming City has not delayed or terminated the Agreement, the Consultant shall perform Construction Administration Phase services for the City as follows: 1. The Consultant's responsibility to provide basic services for the Construction Phase under the Agreement commences with the award of the contract for construction and terminates upon satisfactory performance and completion of all tasks in this phase and completion of the Project and the Closeout Phase, or upon the City's terminating the Agreement, or upon 60 days after the last Notice of Completion for the Project. 2. During construction, the Consultant shall furnish and distribute all necessary additional drawings for supplementing, clarifying, and/or correcting purposes and for change orders at no additional cost except for approved scope changes not due to the Consultant's errors or omissions. 3. The Consultant shall provide general administration of the Construction Documents, including but not limited, to periodic visits at the site as Consultant deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the Project inspector (in no case shall the number of visits be less than once every other week during active construction). 4. The Consultant shall review all change order proposals from the Contractors and City, evaluate and make written recommendations regarding change order proposals, and prepare change orders with supporting documentation for the City's review and approval. Such services related to an approved scope change to the Project may be an Extra Service except for those items that arise from the Consultant's errors or omissions. 5. Submittals a. Consultant shall review and approve or take other appropriate action upon contractor's submittals such as: shop drawings, project data, samples and change orders, but only for the limited purpose of checking for conformance with information given by the City and the design concept expressed in the contract documents. b. Submittals shall be approved as quickly as possible within a maximum of 10 working days subject to a mutually agreed submittal schedule. This 10- day time period shall not include time when a submittal is within the City's control. Project PD01 -2011 B -11 4/16/2012 6. RFI's During the course of construction, all Requests for Information "RFI must be responded to as expeditiously as possible in accordance with the professional standard of care so as not to impact and delay the construction progress. In no case shall the review period associated with an RFI exceed ten (10) working days from the receipt by the Consultant.. This 5 -day time period shall not include time when a submittal is within the City's control. 7. On the basis of on -site observations, the Consultant shall keep the City informed of the progress and the quality of the work, and shall endeavor to guard the City against defects and deficiencies in the work. Consultant shall notify the City in writing of any defects or deficiencies in the work by any of the City's contractors that the Consultant may observe. However, the Consultant shall not be a guarantor of the contractor's performance. 8. The Consultant shall be the interpreter of the requirements of the Construction Documents and advise the City as to the performance by the Contractor there under. 9. The Consultant shall make recommendations to the City on claims relating to the execution and progress of the work and all matters and questions relating thereto and within its scope of services. The Consultant's recommendations in matters relating to artistic effect shall be consistent with the intent of the Construction Documents. 10. The Consultant shall advise the City to reject work if the Consultant becomes aware the work does not conform to the Construction Documents. The Consultant shall promptly inform the City, when, in the Consultant's opinion, it may be necessary for the City or the Inspector, to stop the work to avoid the improper performance of the Contractor's contract with the City. The Consultant has authority to require additional inspection or testing of the work in accordance with the provisions of the Construction Documents, whether work is fabricated, installed or completed. 11. The Consultant shall not issue orders to Contractor that it knows will commit the City to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the City. 12. The Consultant shall be the City's representative during construction and shall advise and consult with the City. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Agreement unless otherwise modified in writing. 13. Based on its observations of the Project, the Consultant shall make written recommendations to the City regarding the dates of final completion. 14. The Consultant shall provide written evaluation of the performance of the Contractor when requested in writing by the City. 15. The Consultant shall assist the City with gathering information and processing forms required by applicable governing authorities, such as the building department, in 10 working day for Project close out. 16. The Consultant shall evaluate and render written recommendations, within a reasonable time on all claims, disputes, or other matters at issue between the City and Contractor relating to the execution or progress of the work as provided in the construction contract. Under no circumstances should this evaluation take longer than 10 working days from the Project PD01 -2011 B -12 4/16/2012 date the claim and all necessary information is received by Consultant. 20. Record Drawings. Consultant shall review the Contractor(s)' recorded changes which the Contractor(s) should prepare and submit as Record Drawings. Record Drawings are documents that show changes made during the construction project, including changes necessitated by change orders. As -Built Drawings. The Consultant shall incorporate the information on all Record Drawings and prepare one set of final As -Built Drawings for the City. The As- Built Drawings shall incorporate onto one set of drawings the Contractors' recorded changes from the Record Drawings, sketches, details, and clarifications. The Consultant shall deliver the as -built drawings, one as a hard copy and on CD in the latest auto CADD format, to the City at completion of the construction. It shall be a condition precedent to the City's approval of the Consultant's final payment if the Contractor has provided the Consultant with the Record Drawings on a timely basis. The Consultant may insert the following notice on the As -Built Drawings: "These drawings or corrected specifications, if applicable, have been prepared based on information submitted, in part, by others. The Consultant cannot warrant the accuracy of any information provided by others or warrant that all changes made during construction will appear in such drawings or corrected specifications. The Consultant has provided a review consistent with its legal standard of care." 21. M &O Manuals Warranties. Consultant shall receive and review from the Contractor equipment, operation and maintenance manuals, and a complete set of warranty documents for all equipment and installed systems, to determine whether they meet the requirements of the plans and specifications 22. Consultant shall also provide architectural /engineering advice to the City on start -up, break -in, and debugging of facility systems and equipment. 23. The Consultant shall review and certify approve payment applications submitted by Contractors. Recommendations of Payment by Consultant constitute Consultant's representation to the City that, to the best of Consultant's information and belief based on the Consultant's observations at the site, the work has progressed to the point indicated, the work is in accordance with the Construction Documents and that the Contractor is entitled to the amount approved. 24. Deliverables and Number of Copies Consultant shall provide to the City hard copies of the following items produced in this phase, together with one copy of each item in electronic format: 2 Copies of observation reports for each site visit. 25. Meetings During this phase, Consultant shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated in item "H" below. G. CLOSE OUT PHASE (part of Phase 6) May be awarded later in accordance with terms of the agreement. As the Construction Administration Phase progresses, the Consultant shall perform the following Close Out Phase services for the City as required: Project PD01 -2011 B -13 4/16/2012 1. Consultant shall review the contractor's fmal punch lists to determine if the contractor has substantially completed the construction of the Project and shall prepare punch lists of noted items that remain in need of correction or completion. a. Consultant shall collect from the contractor, review, and forward to the City all written warranties, operation manuals, spare parts, lien waivers, and Certificates of Inspection and Occupancy with Consultant's recommendation as to the adequacy of these items. b. Consultant shall prepare a set of As -Built Drawings for the Project based on and incorporating the Contractor's Record Documents. c. Consultant shall organize electronic files, plans and prepare a Project binder. d. Consultant shall assist in close -out of the design and construction of the Project with the City and between sub consultants. 2. During the period the Project is under construction the following documents are required: a. Copies of the Inspector of Record's semi monthly reports (to be provided Construction Manager). b. Copies of the laboratory reports on all tests or laboratory inspections as returned and done on the Project (to be provided to the Construction Manager). 3. Meetings During this phase, Consultant shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated in item "H" below. H. MEETINGS SITE VISITS WORKSHOPS Consultant shall attend, take part in, and, when indicated, conduct meetings, site visits, and workshops as indicated below. Consultant shall chair, conduct, and take minutes of all coordination meetings during the entire design phase with its consultant(s). Consultant shall invite the City to participate in these meetings. Consultant shall keep a separate log to document design/coordination comments generated in these meetings. 1. General Meeting, Site Visit, and Workshop Requirements a. Consultant shall always be prepared to answer questions and issues from City staff, potential bidders, and/or contractors, as applicable. b. Consultant shall maintain a log of all meetings, site visits or site observations held in conjunction with the design and construction of the Project, with documentation of major discussion points, observations, decisions, questions c. As required, Consultant shall provide to the City copies of all documents or other information needed for each meeting, site visit, and workshop. Reprographic and other costs incurred are reimbursable to the Consultant. d. Each meeting may last up to one full day (eight (8) hours) and shall be held at the City office unless otherwise indicated. Project PD01 -2011 B -14 4/16/2012 2. Meetings During Project Initiation Phase: One (1) meeting Within the first week following execution of the Agreement, the Consultant shall participate in one Project kick -off meeting to determine the Project intent, scope, budget and timetable, which shall encompass the following: a. The Consultant, its appropriate sub consultant(s) and City, shall attend the meeting. b. The Project kick -off meeting will introduce key team members from the City and the Consultant to each other, and define roles and responsibilities relative to the Project. c. During this meeting, the Consultant shall: (i) Identify and review pertinent information and/or documentation necessary from the City for the completion of the Project. (ii) Review and explain the overall Project goals, general approach, tasks, work plan, and procedures and deliverable products (iii) Review and explain the scope of work and Project work plan for all parties present; determine any adjustments or fine tuning that needs to be made to the work plan. 3. Initial Site Visits: up to (one (1) site visit(s)) Consultant shall visit the Project sites to complete a visual review of the existing conditions. 4. Meetings During Pre- Design Development Phase: up to one (1) meeting(s)) a. Consultant shall conduct site visit/meeting(s) with the City's user groups to gather information from City personnel and to make visual presentation(s) regarding the Project. b. Electrical, mechanical, structural, and estimating sub-consultant(s) shall participate in these meetings as appropriate and shall provide input and feedback into the development of the estimated construction cost. ITEMS 5 8: awarded with those phases that may be awarded later 5. Meetings During Design Development Phase: up to one (1) meeting(s) a. One (1) set of 1 day User Group workshops at the time designated for completion of the Design Development package, Consultant shall participate in one (1) meeting(s) with the City to review the following: (i) Present the Design Development package for review and comment with preparation of fmal plans and specification. (ii) Consultant and City shall review Project scope and budget, including the estimated construction cost and the construction budget. 6. Meetings During Construction Documents Phase: up to (one (1) meeting(s)) Project PD01 -2011 B -15 4/16/2012 a. Prior to beginning work on the ninety percent (90 design package, Consultant shall participate in one (1) meeting(s) with the City to review the Design Development package and receive comments. b. At the time designated for completion of the ninety percent (90 submittal package, Consultant shall participate in one (1) meeting with the City to review the following: Present the ninety percent (90 submittal package for review and comment with preparation of fmal plans and specification. Consultant and City shall provide further review of Project scope and budget, including the estimated construction cost and the construction budget; c. At the time designated for completion of the one hundred percent (100 Construction Document package, Consultant shall participate in one (1) meeting(s) with the City to review the following: (i) (n) (i) Hundred percent (100 Construction Document package for review and comment with preparation of final plans and specification. 7. Meetings During Bidding Phases (up to one (1) meeting(s)) a. Participate in one kick -off meeting, per site, (up to one (1) site(s) with the successful bidders, City, Program Manager and Construction Manager to finalize the roles and responsibilities of each party and provide protocols and processes to follow during construction. 8. Meetings During Construction Administration Phase: Weekly project meetings and other meetings necessary to perform construction administration until all projects are complete. a. Consultant shall visit Project sites as necessary or when requested, but in no case less than once per week, sufficient to determine that each Project is being constructed in accordance with the plans and specifications, to resolve discrepancies in the contract documents, and to monitor the progress of the construction on all Projects. Consultant may coordinate these site visits so that it observes more than one site on a visit to the City. b. Attend weekly project meetings with City staff during active construction to review with City staff the progress of the work at each site. c. Consultant shall require that its sub consultant(s) visit the site in conformance with their agreements. d. Consultant's major sub consultants shall visit the project site at least once a month during their disciplines active construction on site, in order to become generally familiar with the construction activities and to keep the City informed about the progress and quality of the portion of the work completed and to endeavor to guard the City against defects and deficiencies in the work. Project PD01 -2011 B -16 4/16/2012 PHASE Phase 1 and 2 Phase 3 Phase 4 Phase 5 Phase 6 Project PD01 2011 EXHIBIT "C" BUDGET OF EACH TASK PHASE TITLE 1) Review and summary report of all ADA and fire access requirements for all spaces. 2) Programming and Schematic Design phase submittal for conceptual design and estimate of all five tasks. Design Development phase submittal including estimate. Construction Documents (90% design) phase submittal including estimate. Bid phase submittal (100% design) including estimate. Construction Administration Phase. Budget to be updated prior to agreement execution C -1 BUDGET Not -to- exceed $25,000.00 May be awarded later in accordance with terms of the agreement. May be awarded later in accordance with terms of the agreement. May be awarded later in accordance with terms of the agreement. May be awarded later in accordance with terms of the agreement. 4/16/2012 CONSULTANT LABOR COSTS AND NON SALARY REIMBURSABLE COSTS HOURLY RATES: William Lindberg, Partner $110.00 per hour Charles Smith, Partner $110.00 per hour William Green, Production Manager 95.00 per hour Clerical 45.00 per hour Project PD01 2011 EXHIBIT "D" D -1 4/16/2012 EXHIBIT "E" SCHEDULE OF WORK A. Promptly after the execution of this Agreement, the Consultant shall prepare and submit for approval to the City a Schedule of Work showing the order in which Consultant proposes to carry out Consultant's work. The schedule shall apply to the completion of all services listed hereunder within the times established by this Agreement. The Schedule shall be in the form of a progress chart clearly delineating appropriate milestones and review dates. Consultant shall update the Schedule of Work on a monthly basis and electronically submit the Schedule in Microsoft Project to the City. B. Consultant shall use professional efforts complete all services required per the approved project schedule attached after written authorization from the City to proceed. C. The durations stated in the attached schedule include Consultant's reasonable assumption about the time required for the review periods required by the City and all other regulatory agencies. D. All times to complete tasks and reviews set forth in this Exhibit are of the essence, as per the terms of the Agreement. If delays in the schedule are imposed by the City's or necessary third parties' inability to comply with requested meeting schedules or for events beyond the control of the Consultant, Consultant shall be granted an adjustment in schedule if necessary to meet the deadlines set forth in this Exhibit. Project Schedule: Assuming a start date for Start-up and Pre Design of Anril 24, 2012 and timely provision by the City and necessary third parties of necessary information, decisions and approvals, accomplish the Services based on the following schedule: PHASE Phase 1 and 2 Phase 3 Phase 4 Project PD01 2011 PHASE TITLE 1) Review and summary report of all ADA and fire access requirements for all spaces. 2) Programming and Schematic Design phase submittal for conceptual design and estimate of all five tasks. Design Development phase submittal including estimate. Construction Documents (90% design) phase submittal including estimate. E 1 PERFORMANCE PERIOD Phase 1. Completion by May 29, 2012 Phase 2. Completion by June 19m 2012 TBD upon award TBD upon award 4/16/2012 Phase 5 Phase 6 Bid phase submittal (100% design) including estimate Construction Administration Phase Schedule to be developed prior to agreement execution Project PD01 -2011 TBD upon award TBD upon award E -2 4/16/2012 A` QRD CERTIFICATE OF LIABILITY INSURANCE 4/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Commercial CSR P I A I C N N F„tt• (360) 452 -2314 AD andy@ calk sinsurance com INSURER(S) AFFORDING COVERAGE NAIC INSURERA:ZUriCh North America INSURERS Underwriters at Llovd's- Hiscox INSURER C INSURER D INSURER E Port Angeles WA 98362 INSURER F COVERAGES CERTIFICATE NUMBER:CL1111400050 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS rIZELIIP POLICY NUMBER I IMM DDIIYYYYI I IMMIIDD YYY) LIMITS EACH OCCURRENCE I$ DAMAGE TO RENTED PREMISES (Ea occurrence% I A 1 CLAIMS -MADE OCCUR PAS036949908 10/11/2011 10/11 /2012 MEDEXP(Anyoneperson) 1 CALLIS ASSOCIATES, INC. 806 So Vine St Port Angeles WA 98362 INSURED Lindberg Smith Architects, Inc., P.S. 319 S Peabody St INSR LTR X GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER X 'POLICY Fl .Pi R- 17 LOC AUTOMOBILE LIABILITY TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS ACORD 25 (2010/05) INR02S tom nnF% m X SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE 1 DED 1 1 RETENTION A momooncommemx AM EMPLOYERS' LIABIL TY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED' (Mandatory In NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below B Professional Liability Claims Made Form Y/N Y N/A City of Port Angeles Po Box 1150 Port Angeles, WA 98362 PAS036949908 WA State Stop Gap P,NE1237980.11 CERTIFICATE HOLDER CANCELLATION AUTHORIZED REPRESENTATIVE Andy Callis /ANDY PERSONAL 8 ADV INJURY 1$ GENERAL AGGREGATE PRODUCTS COMP /OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE WC STATU- OTH I TORY I IMITS I X I F R FAX (360)452 -1701 IA/C. Nol• DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Addrtronal Remarks Schedule, if more space is required) Evidence Only. Refer to policies for applicable terms, conditions, endorsements and exclusions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE (MM /DD/YYYY) E L EACH ACCIDENT JJ 1,000,000 1 /11/2011 E L DISEASE EA EMPLOYE1,000,000 1 E L DISEASE POLICY LIMIT 1,000,000 11/6/2011 111/6/2012 Each Occurrence $1,000,000 Annual Aggregate $1,000,000 a1/24- Ca14:4 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 ©1988 -2010 ACORD CORPORATION. All rights reserved. Thn Elmo t n.ma nnrl Innn ,ro ranictararl mnrkc of AffPrl