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HomeMy WebLinkAboutKJWW Engineering-11/5/2012Structural r Mechanical Electrical 1 Technology ' Medical Equipment Solutions October 25, 2012 Mr. Craig Clark City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 RE: Proposal for Engineering Services Five Sullivan Brothers Convention Center Sound System Upgrade Waterloo, Iowa Dear Craig: 6... ENGINEERING eid CONSULTANTS Experience you con build on.* Thank you for asking KJWW Engineering to submit a Proposal for technology engineering services for the Five Sullivan Brothers Convention Center sound system upgrade. We understand the scope of work is design of a headend audio system that will replace the facility's current system and to provide new controls for the system. DESIGN PHASE SERVICES 1. Design of technology systems including: a. Audio: 1) Conference room audio/paging system will replace the existing mixers and equalizers with new digital mixers. 2) Reuse existing amplifiers, speakers, and faceplate. 3) New touch panels in selected locations to control room combining and volume levels. 2. Prepare front end and applicable technology specifications. 3. Prepare an opinion of probable construction cost for technology systems. 4. Prepare contract documents that are suitable for pricing and construction purposes. 5. Project design meetings: a. Participate in approximately two (2) project conference calls/web conferences as required. b. Attend approximately one (1) design coordination meeting at the Five Sullivan Brothers Convention Center. Page 1 of 4 2882 108th Street 1 Des Moines, Iowa 50322 1 515 334.9806 I Fax: 515.334.9908 1 www,kjww.com QUAD CITIES I MADISON 1 CHICAGO 1ST LOUIS CEDAR RAPIDS I KANSAS CITY I INDIANAPOLIS , INDIA ! DUBAI Proposal for Engineering Services Waterloo, Iowa Five Sullivan Brothers Convention Center Sound System Upgrade October 25, 2012 BIDDING PHASE SERVICES 1. Issue documents to prospective bidders. 2. Conduct prebid meeting. 3. Respond to contractor questions. 4. Prepare addenda information as required. 5. Conduct bid opening. 6. Assist with bid evaluation and recommend award to successful contractor. CONSTRUCTION PHASE SERVICES 1. Attend preconstruction meeting. 2. Contract administration including: a. Preparation of AIA Standard Form of Agreement Between Owner and Contractor. b. Answer Contractor questions and Requests for Information (RFIs). c. Prepare Requests for Proposal (RFPs) and deliver to Contractor for pricing. d. Prepare change orders to the contract. e. Review monthly applications and recommend all or partial payment. 3. Review shop drawing submittals for items requested in the contract documents. 4. Conduct one (1) job site observation during construction, plus one (1) final job site observation at the end of the construction period. ASSUMPTIONS 1. Drawings of the existing architectural and audio systems, which accurately represent the existing conditions, will be provided to KJWW. 2. Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Owner and from limited observation of accessible and visible existing conditions by the Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Owner. It is understood and agreed that unforeseen conditions uncovered during the progress of the project may require changes in the project, resulting in additional cost and delay. 3. Existing base building systems are code compliant and have adequate capacity to support the project requirements. The design for base building system modifications, replacements or new installations to support the project will be considered an additional service. 4. Identification, testing, and/or removal of hazardous materials will be by others. 5. The project will be awarded as a single prime contract for construction. Phased design and/or issue of early documents are not required. ENGINEERING CONSULTANTS Page 2 of 4 Proposal for Engineering Services Waterloo, Iowa Five Sullivan Brothers Convention Center Sound System Upgrade October 25, 2012 COMPENSATION We propose to provide the services described above for a fixed fee of $16,800.00. PROJECT EXPENSES The following reimbursable expenses are not included in the above fee and will be invoiced with a 1.1 multiplier of actual cost: 1. CAD plots of drawings in any media other than paper or electronic files. 2. Payment of plan review fees or other imposed governmental agency fees. 3. State filing and/or permit fees. 4. Postage and delivery charges. 5. Meals and lodging, when required to travel overnight. 6. Travel expense: 53¢ per mile for auto (adjusted annually), plus parking fees, and other out of pocket expenses. ADDITIONAL SERVICES KJWW can include the following as additional services. Additional services will be performed on a time and material basis using KJWWs standard hourly rates in effect at the time the service is performed, or for a negotiated fee, and only after approved in writing. 1. Mechanical design of any kind. 2. Electrical design of any kind. 3. Active network component design (e.g., servers, switches, routers) and other computer hardware. 4. Revising equipment layout and connections, and floor plan modifications, after KJWW's construction drawings and specifications are complete. 5. Value engineering or negotiating construction cost/scope with contractors and related document revisions after documents are complete. 6. Systems commissioning. 7. Preparing record documents from as -built markups or files provided by contractors, or verifying the accuracy and completeness of same. GENERAL The attached Terms and Conditions dated December 20, 2011 are made a part of this Proposal. This Proposal is valid for 45 days from the date of this offer. We will begin our services following acceptance of this Proposal for Engineering Services. We look forward to working with you and your staff on this project and appreciate this opportunity to be of service. M©ENGINEERING c© CONSULTANTS Page 3 of 4 Proposal for Engineering Services Waterloo, Iowa Five Sullivan Brothers Convention Center Sound System Upgrade October 25, 2012 Acceptance may be conveyed via e-mail to the address listed below, by fax, or by signing this offer and retuming it to our office. Sincerely, KJWW ENGINEERING CONSULTANTS, PC Nick M. Hrabak Technology Engineer hrabaknm@kjww.com r Jeffrey/A/Carpenter, PE, RCDD, LEED® AP Associate Principal NMH:JAC/rjb L:lpromo NicHraIFEEPRO_Flve Sullivan Bros Convention Center Sound Upgrade 20121025 nichns.docx CITY OF WATERLOO Tit iNOW .`11 -(16 - Title n Date ENGINEERING CONSULTANTS Page 4 of 4 TERM$ AND CONDITIONS Standard of Care: Services provided by KJWW Engineering Consultants, P.C. (hereinafter referred to as "the Engineer") under this Agreement will be performed in a manner consistent with the human degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Additional Services: When additional services beyond the defined scope are requested, an amendment will be prepared by the Engineer and approved by the Client prior to commencing work. Additional services shall be performed on a time and material basis or for a negotiated fee. Compensation: Services provided by the Engineer on a time and material basis shall be performed in accordance with the Engineer's current fiscal year Standard Hourly Rate Schedule in effect at the time of performance. This schedule is updated yearly and is available upon request. Performance: Engineer has multiple offices and has professional service agreements for additional engineering and production assistance. The Engineer may use any office or professional service in the completion of services required for the Project. BIIlinglPayment: The Client agrees to pay the Engineer for all services performed and all costs incurred. Invoices for the Engineer's services shall be submitted either upon completion of such services or on a monthly basis. Invoices shall be due and payable within 30 days of invoice date (direct) or 15 days from payment by Owner (consultant). Client shall notify Engineer of any objections to the invoice within five working days of receipt. Payment of any invoice indicates Client's acceptance of this Agreement and satisfaction with Engineer's services. Payment of invoices is in no case subject to unilateral discounting, back - charges, or set -offs by the Client, and payment is due regardless of suspension or termination of this Agreement by either party. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 120 days after the billing, the Engineer may institute collection action and the Client shall pay all costs of collection, including reasonable attomey's fees. Indemnification: The Engineer and Client shall, to the fullest extent permitted by law, indemnify and hold harmless each other and their respective officers, directors, employees, agents and consultants from and against damage, liability and cost, including reasonable attomey's fees and defense costs, arising out of or in any way connected with the performance of this Agreement, excepting only those damages, liabilities or costs attributable to negligence or willful misconduct. Certification, Guarantees and Warranties: The Engineer shall not be required to execute any document that would result in the Engineer certifying, guaranteeing or warranting the existence of any conditions. Dispute Resolution: Any claims or disputes between the Client and the Engineer arising out of the services to be provided by the Engineer or out of this Agreement shall be submitted to non- binding mediation. The Client and the Engineer agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors, suppliers and fabricators, providing for mediation as the primary method of dispute resolution among all parties. The laws of the State of lowa will govem the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State. Construction Means and Methods- The Engineer shall not be responsible for, nor have control over or charge of, construction means, methods, sequences, techniques, or procedures, or for any health or safety precautions required by any regulatory agencies in connection with the project. Neither Client nor Engineer shall hold the other responsible for damages or delays in performance caused by acts of God, strikes, walkouts, accidents, Government acts, or other events beyond the control of the Client's or Engineer's employees, agents, or consultants. ENGINEERING CON9ULTANT9 Construction Observation: When the Engineer does not provide construction observation services, lt Is agreed that the professional services of the Engineer do not extend to or include the review or site observation of the Contractor's work, performance, or pay request approval. During construction, the Client assumes the role of the engineer and will hold harmless the Engineer for the Contractor's performance or the failure of the Contractor's work to conform to the design intent and the contract documents. Adjustments, Changes or Additions: tt is understood that adjustments, changes, or additions may be necessary during construction. A contingency fund will be maintained until construction is completed to pay for field changes, acustments, or increased scope items. All change order amounts requested by Contractors constructing Engineer -designed systems shall be submitted to the Engineer for review prior to being approved by contract holder. The Engineer will not approve amounts requested that are above a normal bid amount for the work involved. In no case will costs be assessed to the Engineer at the discretion of the Contractor, the Client, or the Owner without prior agreement and approval of the Engineer. Engineer shall not be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Project Signs: Project signs displayed at the construction site shall include "KJWW Engineering Consultants" as the Engineer. Articles for publication regarding this project shall acknowledge KJWW as the structural, mechanical, electrical and/or technology engineer, as applicable. Ownership: All drawings, specifications, BIM and other work product of the Engineer developed for this Project are instruments of service for this Project only. Reuse of any instruments of service of the Engineer by the Client, or others acting for the Client, for extensions of the Project or for any other use without the written permission of the Engineer shall be at the Client's risk. Client agrees to defend, indemnify and hold harmless the Engineer for all claims, damages and expenses, including reasonable attorney's fees, arising out of such unauthorized reuse. Electronic Files: The Client hereby grants permission for the Engineer to use electronic background information produced by the Client in the completion of the project. The Client also grants permission to the Engineer to release Engineers' documents (including their backgrounds) electronically to Clients, Contractors, and Vendors as required in the execution of the project. Before release, the Engineer will require an executed waiver of liability for the use of any electronic documents. Employment: For the duration of this contract plus six (6) months from final payment received, neither the Engineer nor Client will offer employment to any person who is or was employed by the other during the course of this contract. Termination: The Client or Engineer may, after giving seven (7) days written notice, terminate this agreement and the Engineer shall be paid for services provided up to the termination notice date, including reimbursable expenses due plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributed to the termination. Survivability: In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. Limitation of Liability: It is agreed that the Engineers liability for this project for negligent acts, errors, or omissions, and all claims, losses, costs, damages, cost of defense, or expenses from any cause, including Client, Contractors, and Attorney fees, is limited to fees collected or $50,000, whichever is greater. Contract Exhibit: If attached to another contract or agreement, that agreement shall take precedence over all clauses listed in these Terms and Conditions. If that agreement is silent on or does not include a clause, this document shall take precedence. Rev. 12/20/11 Upromo\NicHreWEEPRO_Five Sullivan Oros Convention Center Sound Upgrade 20121025 nidva.docx