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Home My WebLink About04-083 - David A Clark Architects - Council Chambers Remodel Architectural DesignSUPPLEMENTAL AGREEMENT NUMBER 1 TO CONSULTANT AGREEMENT NUMBER 04-083 (c) THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and David A. Clark Architects, PLLC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on September 17, 2004 and identified as Agreement No. AG 04-083. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to include the attached Exhibit A. 2. Payment, (Exhibit B) shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $6,866.91without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $24,273.11. 3. Schedule, is hereby modified to September 1, 2005 DATED this �6 day of CITY OF TUKWILA cus teven M. Mullet, Mayor , 2005. David A. Clark Architects, PLLC Operating Member C:\Files\Projects\Tukwila Chambers\Agreement Amendment #1 072505.doc ORIGINAL ENT'D AUG 16 2005 Exhibit B DAVID A. CLARK ARCHITECTS, PLLC City of Tukwila Council Chambers Renovation Technical Specification Proposal Interior Designer Designer Specifications 00020 Scope of Work By City 00030 Call for Bids By City 00100 Instructions for Bidders By City 00200 Checklist of Required Bid Forms By City 00220 Contractor's Qualifications Statement By City 00300 Bid Proposal By City 00400 Non Coll form By City 00410 EOE Form By City 00430 Compliance Form By City 00480 Sub List By City 00481 3% Sub List By City 00490 Bid Bond By City 00500 Contract By City 00700 General Conditions By City 00800 EOE Policy By City 00810 EOE Comp Statement By City 00900 Perf/Payment Bonds By City 00950 Prevailing Wage Rates By City 1000 Special Conditions By City 1200 Project Meetings By City 1330 Submittals By City 1770 Project Closeout By City 1780 Project Record Drawings By City 1830 Operation and Maintenance By City 2050 Demolition 1 69.12 0 80.00 5500 Metal Fabrications 1 69.12 0 80.00 6065 Plastic Materials 1 69.12 0 80.00 6100 Rough Carpentry 1 69.12 0 80.00 David A. Clark Architects, PLLC Prepared Revised Principal 3 132.63 4 132.63 3 132.63 1 132.63 30 -Jun -05 Total Hours Fee $ 6,866.91 4 $ 467.01 5 $ 599.64 4 $ 467.01 2 $ 201.75 Tukwila Chambers Specs only Proposal 062005.xls 7/26/2005, 2:09 PM 6200 Finish Carpentry 6400 Architectural Woodwork 7900 Joint Sealers 8800 Glazing 9681 Carpet 9720 Wall Finishes 9900 Painting 10426 Signs 10520 Fire Protection Specialties 12300 Manufactured Casework 16000 Electrical Specifications 1 69.12 1 69.12 1 69.12 1 69.12 1 69.12 1 69.12 1 69.12 1 69.12 1 69.12 0 69.12 0 69.12 0 80.00 4 132.63 5 $ 599.64 0 80.00 4 132.63 5 $ 599.64 0 80.00 2 132.63 3 $ 334.38 0 80.00 8 132.63 9 $ 1,130.16 0 80.00 3 132.63 4 $ 467.01 0 80.00 5 132.63 6 $ 732.27 0 80.00 3 132.63 4 $ 467.01 0 80.00 3 132.63 4 $ 467.01 0 80.00 2 132.63 3 $ 334.38 0 80.00 0 132.63 0 $ 0 80.00 0 132.63 0 $ Total Fixed Fee Exclusions: Bidding & Permitting Standard Boiler Plate, permitting review of City's standard General Conditions 0 0 0 $ 6,866.91 David A. Clark Architects, PLLC Tukwila Chambers Specs only Proposal 062005.xls 7/26/2005, 2:09 PM CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and David A. Clark Architects, PLLC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform architectural design services in connection with the project titled Council Chambers Renovation 4#of- r3vo� 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 90 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $17,406.20 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 2 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing ply 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: David A. Clark Architects, PLLC 11737 SE 256th Place Kent, WA 98030-7897 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of CITY OF TUKWILA vv�LSK.- Stplemba teven M. Mullet, Mayor CONSULTANT By: , 2004. David A. Clark, Operating Member Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 6 ri\A- i v'-1 T A DAVID A. CLARK ARCHITECTS, PLLC City of Tukwila Council Chambers Renovation Proposal Prepared 2 -Aug -04 Revised 30 -Aug -04 Interior Total Designer Designer Principal Hours Fee Pre -Design Work Design (Already complete, but not billed) $ 1,912.80 Preliminary Cost Estimates 0 60.78 9 127.52 9 $ 1,147.68 Meetings 0 60.78 6 127.52 6 $ 765.12 Preliminary Design Preliminary Design / Details As Builts Interior Design Meetings Design Drawings $ 8,760.32 16 60.78 12 60.78 0 60.78 12 60.78 6 72.00 15 127.52 37 $ 3,317.28 2 127.52 14 $ 984.40 20 72.00 127.52 20 $ 1,440.00 4 72.00 8 127.52 12 $ 1,308.16 3 72.00 6 127.52 21 $ 1,710.48 Construction Drawings $ 6,733.08 A-101 Floor plan 5 60.78 3 127.52 8 $ 686.46 A-102 Finish Plans 7 60.78 4 127.52 11 $ 935.54 A-201 Interior Elevations 4 60.78 3 127.52 7 $ 625.68 A-501 Details 10 60.78 5 127.52 15 $ 1,245.40 M-101 HVAC 10 85.00 3 110.00 13 $ 1,180.00 E-101 Lighting & Power (Performance design) 6 60.00 20 85.00 26 $ 2,060.00 Furniture Selection Furniture Selection (not purchase) 0 85.00 Construction Administration/Observation $ Hourly, if requested Total Fixed Fee 82 33 69 184 $ 17,406.20 Exclusions: Already complete $ 1,912.80 Specifications, Bidding Phase Two $ 15,493.40 Standard Boiler Plate, permitting Construction Administration (hourly) Purchase and selection of Furniture David A. Clark Architects, PLLC Tukwila Chambers Proposal 083004 9/8/2004, 9:26 AM