HomeMy WebLinkAboutKDA Architecture, Inc. - Professional Services AgreementFor City of Yakima Use Only:
Contract No. J.c.n -('-! 1
Project No. t t Qi")-1 j•- a
Resolution No. I\ f LL,
SOQ No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
KDA ARCHITECTURE, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of «VLrC,l'\ , 2019, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and KDA Architecture Inc. with its
principal office at 1310 North 16th Ave., Yakima, WA hereinafter referred to as "ARCHITECT"; said
corporation and its principal architects are licensed and registered to do business in the State of
Washington, and will provide architectural and engineering services under this Agreement for City of
Yakima Waste Water Collections Facility Offices on behalf of the City of Yakima herein referred to as the
"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ARCHITECT to provide architectural services for design
and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto;
and
WHEREAS, ARCHITECT represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ARCHITECT agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ARCHITECT agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ARCHITECT shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ARCHITECT shall use its best efforts to maintain continuity in personnel and shall assign,
Dennis W. Dean as Principal -in -Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.1 Basic Services: ARCHITECT agrees to perform those tasks described in Exhibit A, entitled "Scope
of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth
herein.
2.2 Additional Services: CITY and ARCHITECT agree that not all WORK to be performed by
ARCHITECT can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ARCHITECT to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ARCHITECT perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ARCHITECT'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ARCHITECT according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be considered
part of the PROJECT WORK. The ARCHITECT shall not perform any Additional Services
until so authorized by CITY and agreed to by the ARCHITECT in writing.
2.3 The ARCHITECT must assert any claim for adjustment in writing within thirty (30) days from the
date of the ARCHITECT's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the ARCHITECT all technical data in the
CITY'S possession relating to the ARCHITECT'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ARCHITECT as required for ARCHITECTS performance of its services and will
provide labor and safety equipment as reasonably required by ARCHITECT for such access.
3.3 TIMELY REVIEW: The CITY will examine the ARCHITECT'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ARCHITECT of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ARCHITECT shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ARCHITECT shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ARCHITECT believes are inadequate, incomplete, or inaccurate based upon the ARCHITECT'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ARCHITECT are available solely
as additional information to the ARCHITECT and will not relieve the ARCHITECT of its duties and
obligations under this Agreement or at law. The ARCHITECT shall be entitled to reasonably rely
upon the accuracy and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ARCHITECT specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly
Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non -salary expenses.
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5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ARCHITECTS vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual
charges plus a reasonable markup, not to exceed ten percent (10%) and on the basis of
current rates when furnished by ARCHITECT. Estimated Direct Non -Salary Expenses are
shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ARCHITECT and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ARCHITECT, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for
services provided to the CITY through this Agreement. Estimated Subconsultant costs are
shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed SEVENTY-EIGHT THOUSAND EIGHT HUNDRED FORTY-NINE Dollars
($78,849). The ARCHITECT will make reasonable efforts to complete the WORK within the budget
and will keep CITY informed of progress toward that end so that the budget or WORK effort can be
adjusted if found necessary. The ARCHITECT is not obligated to incur costs beyond the indicated
budget, as may be adjusted, nor is the CITY obligated to pay the ARCHITECT beyond these limits.
When any budget has been increased, the ARCHITECT'S excess costs expended prior to such
increase will be allowable to the same extent as if such costs had been incurred after the approved
increase, and provided that the City was informed in writing at the time such costs were incurred.
5.3 The ARCHITECT shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ARCHITECT shall submit
with each invoice a summary of time expended on the PROJECT for the current billing period,
copies of subconsultant invoices, and any other supporting materials determined by the City
necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices
within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will
notify the ARCHITECT promptly if any problems are noted with the invoice. CITY may question
any item in an invoice, noting to ARCHITECT the questionable item(s) and withholding payment
for such item(s). The ARCHITECT may resubmit such item(s) in a subsequent invoice together
with additional supporting information required.
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5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month or
the maximum interest rate permitted by law, whichever is less; provided, however, that no interest
shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of
dispute is issued in good faith by the CITY to the ARCHITECT pursuant to the terms of RCW
39.76.020(4).
5.5 Final payment of any balance due the ARCHITECT for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ARCHITECT of a release of all known payment claims
against CITY arising under or by virtue of this Agreement, other than such payment claims, if any,
as may be specifically exempted by the ARCHITECT from the operation of the release in stated
amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ARCHITECT under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ARCHITECT to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ARCHITECT
6.1 The ARCHITECT shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ARCHITECT under this Agreement. The ARCHITECT
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ARCHITECT shall perform its WORK according to generally accepted standards of care and
consistent with achieving the PROJECT WORK within budget, on time, and in compliance with
applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ARCHITECT
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this Agreement or at law or any cause of action
arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ARCHITECT and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any manner
whatsoever. The ARCHITECT shall not hold itself out as, nor claim to be, an officer or employee
of CITY by reason hereof and will not make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of CITY. The ARCHITECT shall be solely responsible
for any claims for wages or compensation by ARCHITECT employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) ARCHITECT agrees to defend, indemnify, and hold harmless the CITY, its elected
and appointed officials, agents, officers, employees, and volunteers (hereinafter
"parties protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys' fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the Architect's
performance under this Agreement. In the event that any lien is placed upon the City's
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property or any of the City's officers, employees or agents as a result of the negligence
or willful misconduct of the ARCHITECT, the ARCHITECT shall at once cause the
same to be dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the ARCHITECT harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or expense
resulting from injuries to persons or damages to property, caused solely by the negligence
or willful misconduct of the CITY, its employees, or agents in connection with the
PROJECT.
(c) If the negligence or willful misconduct of both the ARCHITECT and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the ARCHITECT and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ARCHITECT, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ARCHITECT
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The ARCHITECT specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ARCHITECT and the CITY.
6.6 It is understood that any resident engineering or inspection provided by ARCHITECT is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ARCHITECT does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ARCHITECTS
officers, principals, employees, agents, representatives, and consultants as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ARCHITECT
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ARCHITECT, to the extent that ARCHITECT has exercised the applicable and appropriate
standard of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ARCHITECT within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended,
nor the budget increased because of any unwarranted delays attributable to the ARCHITECT, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ARCHITECT which could not be reasonably anticipated.
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7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT,
the ARCHITECT shall submit to the CITY'S Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ARCHITECT and subconsultants
on each task, indicating a good faith estimate of the percentage completion thereof on the last day
of the previous month. Additional oral or written reports shall be prepared at the request of the
CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ARCHITECT are instruments or service of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ARCHITECT, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ARCHITECT and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ARCHITECT will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees were caused by the ARCHITECT'S own negligent acts or omissions.
8.2 The ARCHITECT agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted,
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ARCHITECT (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ARCHITECT, and ARCHITECT
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ARCHITECT, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY'S duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the
ARCHITECTS WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ARCHITECT agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ARCHITECT is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ARCHITECT.
9.4 The ARCHITECT shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ARCHITECT paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
Section 10. Inspection and Production of Records
10.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the CITY, but the making of (or failure or delay in making) such inspection or approval
shall not relieve ARCHITECT of responsibility for performance of the WORK in accordance with
this Agreement, notwithstanding the CITY'S knowledge of defective or non -complying
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performance, its substantiality or the ease of its discovery. ARCHITECT shall provide the CITY
sufficient, safe, and proper facilities and equipment for such inspection and free access to such
facilities. ARCHITECT'S records relating to the WORK will be provided to the CITY upon the
CITY'S request.
10.2 ARCHITECT shall promptly furnish the CITY with such information and records which are related
to the WORK of this Agreement as may be requested by the CITY. Until the expiration of six (6)
years after final payment of the compensation payable under this Agreement, or for a longer period
if required by law or by the Washington State Secretary of State's record retention schedule,
ARCHITECT shall retain and provide the CITY access to (and the CITY shall have the right to
examine, audit and copy) all of ARCHITECT'S books, documents, papers and records which are
related to the WORK performed by ARCHITECT under this Agreement.
10.3 All records relating to ARCHITECT'S WORK under this Agreement must be made available to the
CITY, and also produced to third parties, if required pursuant to the Washington Public Records
Act, Chapter 42.56 RCW or by law. All records relating to ARCHITECT'S WORK under this
Agreement must be retained by ARCHITECT for the minimum period of time required pursuant to
the Washington State Secretary of State's record retention schedule.
SECTION 11 INSURANCE
11.1 At all times during performance of WORK, ARCHITECT shall secure and maintain in effect
insurance to protect the CITY and the ARCHITECT from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Agreement. ARCHITECT
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The CITY reserves the rights to require higher limits should it deem it necessary in the
best interest of the public. If ARCHITECT carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
CITY shall be named as an additional insured for such higher limits.
Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ARCHITECT shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the City, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
Subcontractors: If subcontractors will be used, the same terms and limits of coverage will
apply and a certificate will be required per the instructions above. In lieu of a certificate,
contractor may provide confirmation in writing from their insurance broker that their
insurance policy does not contain a subcontract exclusion or one relating to the work of
others.
11.1.2. Commercial Automobile Liability Insurance.
a. If ARCHITECT owns any vehicles, before this Agreement is fully executed by the
parties, ARCHITECT shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
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and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If ARCHITECT does not own any vehicles, only "Non -owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Agreement, which is Section 11.1.1 entitled
"Commercial General Liability Insurance".
c. Under either situation described above in Section 11.1.2.a. and Section 11.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The policy shall
name the CITY, its elected and appointed officials, officers, agents, employees, and
volunteers as additional insureds. The insured shall not cancel or change the insurance
without first giving the CITY thirty (30) calendar days prior written notice. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide
and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Agreement is fully executed by the parties,
ARCHITECT shall provide the CITY with a certificate of insurance as proof of
professional liability coverage with a total liability limit of the limits required in the policy,
subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two
Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The insured shall not cancel or change the insurance without first giving the
CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VI' or higher in Best's Guide. If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this Agreement.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected and appointed officials,
officers, principals, employees, representatives, volunteers and agents shall have no
obligation for payment of premiums because of being named as additional insureds
under such insurance. None of the policies issued pursuant to the requirements
contained herein shall be canceled, allowed to expire, or changed in any manner that
affects the rights of the CITY until thirty (30) days after written notice to the CITY of such
intended cancellation, expiration or change.
SECTION 12 SUBCONTRACTS
12.1 ARCHITECT shall be entitled, to the extent determined appropriate by ARCHITECT, to subcontract
any portion of the WORK to be performed under this Agreement.
12.2 Any subconsultants or subcontractors to the ARCHITECT utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The
ARCHITECT shall be responsible for the architectural and engineering performance, acts, and
omissions of all persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ARCHITECT subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
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12.4 The ARCHITECT shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ARCHITECT without prior written consent of the other,
which consent will not be unreasonably withheld. It is expressly intended and agreed that no third
party beneficiaries are created by this Agreement, and that the rights and remedies provided herein
shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ARCHITECT as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ARCHITECT and ARCHITECT's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, or any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement. ARCHITECT agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ARCHITECT may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ARCHITECT's control are interfering with
normal progress of the WORK. ARCHITECT may suspend WORK on PROJECT in the event CITY
does not pay invoices when due, except where otherwise provided by this Agreement. The time
for completion of the WORK shall be extended by the number of days WORK is suspended. If the
period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended portion
of Project in accordance with SECTION 18.
SECTION 18 TERMINATION OF WORK
18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
However, no such termination may be effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party
Page 9
before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the ARCHITECT is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before termination.
18.3 If CITY terminates for default on the part of the ARCHITECT, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2) any payment due to the ARCHITECT at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to incur, because of the ARCHITECT'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
complete it. Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the ARCHITECT agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
18.4 If the ARCHITECT terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ARCHITECT
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ARCHITECT shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ARCHITECT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ARCHITECT retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ARCHITECT shall have no
responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ARCHITECT to fulfill contractual obligations, it is determined
that the ARCHITECT has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ARCHITECT in PROJECT WORK or for any corporate officer of the
ARCHITECT to render his services to the PROJECT, the ARCHITECT shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 18.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the Agreement, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. if both parties consent in writing, other
available means of dispute resolution may be implemented.
Page 10
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY:
City of Yakima Wastewater Division
2220 East Viola Ave.
Yakima, WA 98901
Attn: Dana Kallevig, Utility Project Manger
ARCHITECT: KDA Architecture, Inc.
1310 North 16th Avenue
Yakima, WA 98902
Attn: Dennis W. Dean
SECTION 21 SURVIVAL
21.1 The foregoing sections of this Agreement shall survive the expiration or termination of this Agreement
in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
Printed Name:._`
Title: City Manager
Date:
Attest
City Clerk
CITY CONTRACT NO: r 1ICf -04j
RESOLUTION NO: fl �Lt
gcir
Signature
Printed Name: Dennis W. Dean
Title: Principal
Page 11
STATE OFVVA8H|NGTON
COUNTY OF YAKIMA
)
)ss.
)
|certify that | know orhave satisfactory evidence that is the person who appeared
before me, and said person acknowledged that hesigned this instrument, on oath stated that hmwas
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAK|MA, to bethe free and voluntary act ofsuch party for the uses and purposes mentioned in the
instrument.
Dated:
Seal or Stamp
Printed Name
Mycommission expires:
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Dennis W. Dean is the person who appeared before
me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the principal of KDA Architecture Inc. to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
KATHRYN L N O C; K
Notary Public
State of Washington
My Commission Expire:
July211,2O l
(Signature
Title
ax4iA 9( Nock
0,'1nrtAA L. /\ o4_,k
Printed ame
My commission expires:
Page 13
EXHIBIT A
SCOPE OF WORK
PROJECT DESCRIPTION
1. The project for the renovation of the existing City of Yakima Wastewater Collections Facility.
Project area is approximately 2,500 square feet. Included in the project are the modifications
of the existing locker rooms space to increase the number of showers in the men's locker
room from (1) to (3), to increase the number of toilet/urinals with the goal of providing (4) of
each, the number of sinks will be increased as required to meet code, floor and wall finish
replacement, and locker modifications. The project includes renovations to the training
room/kitchen area to improve functionality and usability for the number of occupants
anticipated. Revisions to the staff workroom space are included as well. Floor finishes are
planned to be replaced throughout the facility (not including the shop space).
PROJECT SCOPE
1. Renovate locker room/bathroom/shower rooms.
2. Renovate training room/kitchen.
3. Renovate staff workroom space.
4. Mechanical, plumbing, and electrical revisions for spaces based on new design.
5. Select furniture and assist with procurement.
PROJECT ASSUMPTIONS
1. It is assumed the project be competitively bid to a select list of contractors from the City of
Yakima's Small Works Roster.
2. KDA to create building as-builts as additional service. No existing as -built drawings exist.
3. A series of bid alternates (assumed to be between 1-5) will be included in the documents to
allow for definition of project scope based on price on bid day.
4. A specification will be required on this project. The City of Yakima will provide Division 0 and
all other sections will be by KDA and selected Engineers.
5. Engineers hired as part of KDA compensation are:
a. Structural Engineer: Leslie Engineering
b. Mechanical Engineer: Routh Consulting Engineers
c. Electrical Engineer: Picatti Solutions, LLC
d. Cost Estimator: Anticipated to be Roen & Associates
PROJECT SCHEDULE
1. Reference Exhibit D.
PROJECT TASKS
As -Built (Additional Service)
1. Field measure existing building and create Revit model of facility for use in following project
phases.
2. Structural, mechanical and electrical engineers to field measure and document existing
conditions for affected areas in project for use in following project phases.
Predesign (Addition& Service)
1. Develop space program for building.
2. Conceptual planning:
a. Meet with your team to discuss and define goals and to observe use of spaces.
b. Develop conceptual plan options for the affected project areas. These will be in sketch
form.
c. Develop program data sheets of select program areas for further definition of program
requirements.
d. Meet with you to review the program noted above and the conceptual plan options.
Page 14
e. Revise conceptual options based on input from above meetings.
f. Develop outline specification for the proposed project.
g. Document final drawings and decisions.
Schematic Design
1. Complete an in-house IBC Code review.
2. Further development of predesign floor plans into schematic design level drawings.
3. Coordinate preliminary architectural drawings with structural, mechanical, electrical, and on -
site civil drawings.
4. Assist the Cost Estimator in developing an estimated construction cost.
5. Two on -site meetings with the Owner team are included in this proposal for this phase.
6. One meeting with the consultant team is included in this phase.
7. KDA deliverables for this phase is a conceptual Demolition Plan, Floor Plan/Equipment
Plan, Reflected Ceiling Plan, and Interior Elevations.
Contract Documents
The Construction Documents shall set forth in detail the requirements for Construction of the
Project. The Construction Documents shall include Drawings and Specifications that establish in
detail the quality levels of materials and systems required for the project. One on -site meeting is
included in this proposal for this phase. One meeting with the consultant team is included in this
phase.
Bidding
The Architect shall assist the Owner in obtaining a competitive bid from the City of Yakima's
small works roster and shall assist the Owner in awarding and preparing contracts for
construction. The Architect shall provide services to review submittals and respond to RFIs.
Construction Phase
The Architect shall provide construction phase services as set forth below.
1. The Architect shall review requests by the Contractor for additional information about the
Contract Documents.
2. The Architect shall visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed is being performed in a
manner indicating that the Work, when fully completed, will be in accordance with the
Contract Documents. However, the Architect shall not be required to make exhaustive or
continuous on -site observations or any inspections to check the quality or quantity of the
Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed
about the progress and quality of the portion of the Work completed, and promptly report to
the Owner (1) known deviations from the Contract Documents, (2) known deviations from
the most recent construction schedule submitted by the Contractor, and (3) defects and
deficiencies observed in the Work.
3. The Architect shall review or take other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples.
4. The Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
5. The Architect shall advise and consult with the Owner during the Construction Phase
Services. The Architect shall have authority to act on behalf of the Owner only to the extent
provided in this Agreement. The Architect shall not have control over, charge of, or
responsibility for the construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs in connection with the Work, nor shall the Architect
be responsible for the Contractor's failure to perform the Work in accordance with the
requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of, and
shall not be responsible for, acts or omissions of the Contractor or of any other persons or
entities performing portions of the Work.
Page 15
Multi -Phase Construction Administration (Additional Service)
1. Since the project is to take place in the occupied facility, a multi -phased construction project
is required. The project duration will be extended, and additional field observation and
coordination services will be required from our team.
Furniture Selection (Additional Service)
1. KDA will work with the Owner team to select new furnishings and residential kitchen
equipment for break room for the renovated existing building. Spaces to be furnished will
include staff work office and training room/breakroom/kitchen. It is anticipated that all
furniture will be purchased, and, except for some existing shelves, select desks, select task
chairs, and select residential equipment.
2. KDA will work with the Owner team to develop a furniture plan which will be used to write a
generic furniture specification. This specification will be given to the Owner's preferred
furniture vendor to obtain 3 levels of price options. It is assumed the Owner has an
established purchasing agreement with furniture vendor. A finalized furniture plan will occur
after a vendor is awarded the contract, and the vendor will provide final furniture drawings.
3. For pricing, KDA will provide basic parameters for furnishing. We will take direction from the
Owner team regarding needs and use experience to set guidelines. Once a vendor is
awarded the contract, KDA will make final selections based on the vendor's line offerings.
Cut Sheets and material samples for the proposed items will be reviewed with the owner for
approval.
4. KDA will review furniture specifications prepared by furniture vendor. Furniture orders will be
placed by the Owner after KDA's review of the invoice.
5. The owner is responsible for the actual receiving of the furniture. KDA's Designer is
available to assist with final placement of the items and the coordination of the installation if
necessary and as requested by the Owner.
Cost Estimating (Additional Service)
1. Detailed Cost Estimating: This scope is to include two estimates by a professional cost
estimator, one at the conclusion of the Predesign Phase and one at the conclusion of the
Schematic Design phase. Our consultant for this service is Roen Associates.
Reimbursable Expenses
1) Reimbursable expenses are in addition to the Compensation of Services and Additional
Services and are invoiced at 1.10 times the expense. These expenses include actual
expenditures made by the Architect and the Architect's employees and consultants in the
interest of the Project for the expenses listed in the following:
a) Expense of transportation, lodging and meals in connection with the Project, and
conference calls.
b) Pre -approved artist renderings beyond normal conceptual design, models, mock-ups, and
presentation materials.
c) Expense of reproductions, postage and handling of Drawings, Specifications and other
documents.
d) Expense of renderings, models and mock-ups requested by the Owner.
e) Expense fees paid for securing approval of authorities having jurisdiction over the project.
f) Expense of consultants not identified in Exhibit A, Project Assumptions, "Engineers hired
as part of KDA compensation".
Unauthorized Changes
In the event the Owner consents to, allows, authorizes or approves of changes to any plans,
specifications, material selections, or other construction documents, and these changes are not
approved in writing by the Architect, the Owner recognizes that such changes and the results
thereof are not the responsibility of the Architect. Therefore, the Owner agrees to release the
Architect from any liability arising from the construction, use or result of such changes. In
addition, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the
Page 16
Architect harmless from any damage, liability or cost (including reasonable attorneys' fees and
costs of defense) arising or resulting from such changes, except only those damages, liabilities
and costs arising from the sole negligence or willful misconduct of the Architect.
Page 17
Professional Fees
City of Yakima - Wastewater Collections Facility Upgrade Services
Project Number 20l902
Professional Fees
Fee Category
Fee Basis Hours
Fee Terms
Basic Services KDA $222,OOO(Est'dCost of{onst) 357 Total
Schematic Designrn Inc Above
�
Construction Documents 91 Inc Above
aW/weuvuauon, ao Inc Above
Construction Administration n Inc Above
$25`550 HoudyNTE
$6,720 Inc Above
$8,736 Inc Above
$1.e20 Inc Above
$7,650 Inc Above
Post Construction s
Basic Services Structural Engineering Leslie Engineering
Basic Services Mechanical Engineering Routh Consulting Engineers
Basic Services - Electrical Engineering - Picatti Engineering & Service
Multi -Phase Project [A KDA
PredesiQn KDA
As -Built KDA
As -Built Structural Engineering
As -Built Mechanical Engineering
As -Built Electrical Engineering
Furniture Selection
Estimate
8yTask Basis
11,001 SF
By Task Basis
Cost Estimator Allowance
65
41
26
OO
$524 Inc Above
$5'940 Per5J3
$1'650 Pe/5J3
g7'425 Per5]3
$8'000 HoudyNT[
g5'000 HnudyNT[
$0J0/SF $I224 HoudymTE
$1'540 Per5]3
$550 Per5J.3
$1'815 Per5]3
$6i300 HoudyNTE
$6795 Per5J3
$5'000 Per 5]]&2
Inc Above
TotalFee
449
g78'849
EXHIBIT C
Schedule of Hourly Billing Rates
2019 2020
Principal $ 200.00 $ 200.00
Associate 11 $ 1 30.00 $ 134.00
Associate $ 120.00 $ 124.00
Project Manager 11 $ 125.00 $ 129.00
Project Manager 1 $ 115.00 $ 118.00
Architect III $ 115.00 $ 118.00
Architect 11 $ 110.00 $ 113.00
Architect I $ 90.00 $ 93.00
Interior Designer 111 $ 110.00 $ 113.00
Interior Designer II $ 105.00 $ 108.00
Interior Designer 1 $ 70.00 $ 72.00
Intern Architect V $ 110.00 $ 113.00
Intern Architect IV $ 100.00 $ 103.00
Intern Architect 111 $ 95.00 $ 98.00
Intern Architect II $ 85.00 $ 88.00
Intern Architect I $ 70.00 $ 72.00
Administrative Staff IV $ 110.00 $ 113.00
Page 19
EXHIBIT D
City of Yakima Wastewater Collections Facility Upgrade
Project Schedule 2019
Liviat,s.i 0 2; 0<il i 9
January
1
6 13 20 27
CONTRACT APPROVAL
City Council Meeting / Approval
PREDESIGN/ASBUILT
Owner Prog. Mtg.
As -Built Effort
Estimate Period
SCHEMATIC DESIGN
Detailed Prog.
Owner Prog. Mtg.
Owner Mtg.
Consultant
Estimate Period
Owner Approval/ Design Manual
CONST. DOCUMENTS
Owner Meeting
Consultant Meeting
Consultant Deadline
10034 Construction Documents Complete
BIDDING
Plan Review Period
Council Meeting/Approval
Qualification Review / Council Approval
CONSTRUCTION
Procurement - Flooring/Casework
Pocurement - Furniture
Phase lA - Locker Room
Phase 18 - Locker Room
Phase 2 - Training Room / Kitchen
Phase 3 - Flooring / Furniture
Feb uary
3 10 17 24
March
3 i 10 117 24 31
1 !
1)3.05.191_
LL1.566L,IMS.,
1
April
7 14 21 28
'7,8A
,:•41Neekir -',
May une July August
5 12_119 1 26 2 9 16 23 30 7 14 21 28 4 11 18 25
*Approval Week & 05.12.19
•
0. 1
I
406.07.19
Bids Due
06.27.19
September October
1 8 15 22 29 6 113 201 27
1 4
j
071619
1 ;
-L •
I
,
Porr-Nal
November
3 10 17 24
Move -I n
4.
Contract Supplemental Agreement
Supplemental Agreement
Number: 1
Organization and Address:
KDA Architecture, Inc.
1310 North 16th Avenue
Yakima, WA 98902
Original Contract Number:
2019-047
Execution Date of Supplement:
September 1, 2019
City Project Number: n/a
Completion Date of Supplement:
Project Completion, TBD
Project Title:
Wastewater Collections Facility Upgrade
Maximum Amount Payable this Supplement:
$30,883.00
Maximum Total Amount Payable for the
Agreement:
$109,732.00
Section 2: Scope of Services
The City of Yakima, Washington desires to supplement the contract agreement No. 2019-047 entered
into with KDA Architecture and executed on March 18th, 2019. All provisions in the basic contract
remain in effect except as expressly modified by this supplement. The changes to the agreement are
described as follows:
Section 2.2: Additional Services
The additional tasks to be performed as part of this Supplemental Agreement due to the increase to the
original project scope include: additional work for Basic Services — KDA, Basic Services — Structural
Engineering, basic Services — Mechanical Engineering, Basic Services — Electrical Engineering.
Section 5: Compensation
Payment for this supplemented work, as shown on Exhibit B is not to exceed $30,883.00, bringing the total
amount of the Agreement to $109,732.00.
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
By: Dennis W. Dean, Principal By: P t ,)C nielCrhDW
Consultant Signature
City Ma ager ature
ct
Date
CITY CONTRACT NO:
RESOLUTION NO:
olj_0y7 Svl
4-
4
EXHIBIT A
Scope of Services
Additional work required after a thorough inspection of the existing conditions of the Wastewater
Collections Facility during the Predesign effort.
Specific items identified necessitating additional work from KDA are listed below:
1. The project scope of work area has increased from 2,500 square feet to 3,375 square
feet (a 40% increase).
2. The construction cost estimate has increased from $220,000 to approximately $600,000.
3. A new mechanical HVAC unit is required in the selected option. The original scope of
work did not include the need for a new HVAC unit.
4. Additional mechanical ductwork revisions are necessary based on the extent of the plan
changes and the desire to re -zone the HVAC system to provide thermal comfort
throughout the office building.
5. The combined women's locker room and toilet facilities are moving in the selected plan
option and were not scheduled to be modified in the original scope of work.
6. The kitchen space was to be modified in the original scope of work, but the selected plan
option calls for the kitchen to be relocated in its entirety.
Specific services adjusted are:
• Basic Services — KDA
• Basic Services — Structural Engineering
• Basic Services — Mechanical Engineering
• Basic Services — Electrical Engineering
EXHIBIT B
Profesional Fees
City of Yakima - Wastewater Collections Facility Upgrade
Professional Fees
Services
Project Number 201902
Revision 6/28/2019
Fee Category Fee Basis Hours Fee Terms
Basic Services - KDA $595,290 (Est'd Cost of Const) 483 Total .$48,1 38 1 Hourly NTE
Schematic Design 110 Inc Above $10,560 Inc Above
Construction Documents 196 Inc Above $18,816 Inc Above
Bid/Negotiations 20 Inc Above • $1,920 Inc Above
Construction Administration 147 Inc Above $15,839 Inc Above
Post Construction 10 Inc Above $1,048 Inc Above
Basic Services - Structural Engineering - Leslie Engineering 1 $7,4801 Per 5.1.3
Basic Services - Mechanical Engineering - Routh Consulting Engineers 1 _ $3,8501 Per 5.1.3
Basic Services - Electrical Engineering - Picatti Engineering & Service 1 $11,9351 Per 5.1.3
Multi -Phase Project CA - KDA Estimate 65 $8,060: Hourly NTE
Predesign - KDA By Task Basis 41 $5,000." Hourly NTE
As -Built - KDA 11,001 SF 26 $0.70/SF $3,224; Hourly NTE
As -Built - Structural Engineering '$1,540! Per 5.1.3
As -Built - Mechanical Engineering - ., $550' Per 5.1.3
As -Built - Electrical Engineering - $1,815'. Per 5.1.3
Furniture Selection By Task Basis 60 $6,300 Hourly NTE
Cost Estimator Allowance - . -$6,795 Per 5.1.3
Reimbursables - 5.1.1, & 5.1.2 Items - . $5,000- Per 5.1.1 &.2
Total Fee
675 $109,732