Proposal - Robert Thornton Architects Inc. - 2014-02-12
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Date February 12, 2014
Mr. Robert Thornton
Robert Thorenton Architects, Inc.
Architecture & Planning
Subject: Electrical Design Fee for CMSD Diesel Generator
Dear Mr. Robert:
Thank you very much for giving IDS Mechanical Engineers, Inc. the opportunity to submit our
proposal for electrical engineering services for the above-mentioned project. IDS Mechanical
Engineers, Inc. is very pleased to submit the following engineering services for your review and
consideration.
BASIS FOR PROPOSAL
The project is located at 174 West Wilson St., Costa Mesa, CA. IDS Mechanical Engineers, Inc.
will provide all basic electrical engineering design services for the CD package for the
referenced project as per AIA requirements and to provide the existing building and site with the
required backup power.
BASIC SCOPE OF SERVICES
A) ELECTRICAL
1.Calculations and sizing of the main generator feeder.
2.Provide one site visit before design starts to verify existing conditions using as built
drawings.
3.Provide single-line drawings for power and signal line diagram.
4.Provide plans indicating power and signal device locations.
5.Provide construction details for the electrical systems.
6.Attend design/coordination meetings with Owner in Costa Mesa, CA (one meeting).
7.Prepare and provide technical specifications (sheet specs).
8.Coordination of electrical design with other trades.
9.Respond to City plan check comments and Architect
B) CONSTRUCTION ADMINISTRATION PHASE
1.Shop drawing and submittal review.
2.Response to request for information (RFIs).
3.Provide two site visits during construction.
4.Provide two technical reports for construction progress for the site visits.
5.Review as builts drawings submitted by contractor.
1 Peters Canyon Road, Suite 150Irvine, California 92606949.387.8500949.502.7640 faxwww.idsgi.com
C) ASSUMPTIONS AND EXCLUSIONS
1. Design changes after Architect-approved design will be considered as additional services.
2. Design changes after city approval will be considered as additional services.
3. Additional design work due to Value Engineering after Architect approval is excluded. If
the Architect elects to have a separate peer review of Value Engineering and/or any other
Value Engineering that occurs after Architect
Added Services for our team.
4. Documentation during construction for contractor proposed alterations or deviations from
the approved documents will be dealt with as change services agreement and will be
conducted on time-and-materials basis as per attached rate schedule.
5. Fire protection system is not provided by IDS Group.
6. Peer review or third-party reviews beyond the normal Plan Checking Agency will be
considered additional services.
7. All drawings will be produced in CAD.
8. It is our understanding that we are connecting our electrical systems to the existing
electrical systems serving the building.
9. IDS Mechanical Engineers, Inc. will not be responsible for changing or upgrading the
main existing electrical systems that will be used to tie in and serving the building and
site area.
10. Provide technical support during bidding process including one meeting.
11. Additional site visits will be based on time and material (more than two site visits).
12.
outside the building and IDS Mechanical Engineers, Inc. will provide only electrical
design support for the project.
D) ELECTRICAL DESIGN FEE
1.Our Electrical design fee for the entire scope of work listed above will be $ 16,315.00
2.Additional services shall be per attached rate sheet schedule
a.To be billed in after work completed. Client agrees to pay each invoice within
thirty (30) days of its receipt. Client further agrees to pay interest on all amounts
invoiced and not paid or objected to for valid cause in writing within said thirty
(30) days at the rate of eighteen (18) percent per annum (or the maximum interest
rate permitted by applicable law), until paid. Client agrees to pay Design
days, including court
shall not be bound by any provision or agreement requiring or providing for
arbitration of disputes or controversies arising out of this Agreement, any
provision wherein Design Professional waives
its work upon payment to client by any third party. These General Conditions are
notice, where required, that Design Professional shall file a lien whenever
necessary to collect past due amounts.
1 Peters Canyon Road, Suite 150Irvine, California 92606949.387.8500949.502.7640 faxwww.idsgi.com
b.Failure to make payment within thirty (30) days of invoice shall constitute a
release of Design Professional from any and all claims which client may have,
either in tort or contract, and whether known or unknown at the time.
3.For additional services for items not included in paragraphs A, and B please see attached
rate schedule.
4.The Engineer reserves the right to suspend all works on the project if payments become
overdue.
5.Should the Engineer's services be terminated for any reason, all fees for completed work
shall be immediately due and payable. Fees for partially completed work shall be based
on Engineer's current fee schedule.
E) INFORMATION REQUIREMENTS
Architectural backgrounds in CAD
F) INSURANCE AND LIMITATION OF LIABILITY
Each party to this agreement shall carry and maintain public liability, property damage,
and workmen's compensation insurance. In addition each party must have insurance to
protect him from claims arising out of the performance of his professional services
caused by the negligent acts, errors, or omissions of each party or his employees, or by
others for whom he is legally responsible.
The Client agrees, to the fullest extent permitted by law, to limit the liability of the
Design Professional and his sub-consultants to the Client for any and all claims, losses,
costs, damages of any nature whatsoever or claims expenses from any cause or causes,
osts, so that the total
aggregate of the Design Professional and his sub-consultants to all those named shall not
that this limitation apply to any and all liability or cause of action however alleged or
arising.
G) OWNERSHIP OF DOCUMENTS
All Drawings, Specifications and other work products of the Engineer for this project are
instruments of service for this project only and shall remain the property of the Engineer
whether the project is completed or not. Re-use of any of the instruments of service of
the Engineer by Client on extensions of this project or any other project without
permission of the Engineer shall not be permitted without prior written authorization.
The Client recognizes that designs, plans, and data stored on electronic media including,
but not limited to computer disk and magnetic tape, may be subject to undetectable
alteration and/or uncontrollable deterioration.
1 Peters Canyon Road, Suite 150Irvine, California 92606949.387.8500949.502.7640 faxwww.idsgi.com
Client therefore agrees that IDS Mechanical Engineers, Inc. shall not be liable for the
completeness or accuracy of any materials provided on electronic media after 60 days
inspection period, during which time West America Engineering shall correct any errors
detected, by Client.
H) REMODELING AND REHABILITATION LIABILITY DISCLAIMER
Inasmuch as the remodeling and/or rehabilitation of an existing building requires that
certain assumptions be made regarding existing conditions, and because some of these
assumptions may not be verifiable without expending additional sums of money, or
destroying otherwise adequate or serviceable portions of the building, the Client agrees
that, except for negligence on the part of the design professional, the Client will hold
harmless, indemnify and defend the Engineer from and against any and all claims arising
out of the professional services provided under this agreement.
I) CONSTRUCTION REVIEW
The Engineer shall review Contractor's submittals such as Shop Drawings, Product Data
and Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
The Engineer shall not have control or charge of and shall not be responsible for the
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Engineer shall not
be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the Contract Documents.
It is agreed that the Client will defend, indemnify and hold harmless the Engineer from
any claim or suit whatsoever, including but not limited to all payments, expenses or costs
involved, arising from or alleged to have arisen from the Contractor's performance or the
failure of the Contractor's work to conform to the design intent and the Contract
Documents. The Engineer agrees to be responsible for his own or his employees'
negligent acts, errors or omissions.
J) TERMS AND CONDITIONS:
1.Entire Proposal. This Proposal is the entire proposal between the Architect, and IDS
Mechanical Engineers, Inc. It supersedes all prior communications, understandings and
agreements, whether oral or written. Amendments to this If the project is suspended or
abandoned in whole or part for more than three (3) months, IDS Mechanical Engineers,
Inc. shall be compensated for the time spent to become reacquainted with the project,
such amount to be billed hourly at a pre-negotiated not-to-exceed fee. If the project is
terminated by the Architect, IDS Mechanical Engineers, Inc. will be compensated for all
services performed up to the termination date.
1 Peters Canyon Road, Suite 150Irvine, California 92606949.387.8500949.502.7640 faxwww.idsgi.com
2.In providing services under this proposal, IDS Mechanical Engineers, Inc. will endeavor
to perform in a manner consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing under similar circumstances.
3.It is intended by the parties to this proposal that IDS Mechanical Engineers, Inc. services
in connection with the project shall not subject IDS Mechanical Engineers, Inc.
individual employees or officers to any personal legal exposure for the risks associated
with this project. Therefore, and notwithstanding anything to the contrary contained
herein, the Architect agrees that sole and exclusive remedy, any claim, demand or suit
shall be directed and/or asserted only against IDS Mechanical Engineers, Inc., a
California corporation, and not against any of the IDS Mechanical Engineers, Inc.
individual employees or officers.
4.IDS Mechanical Engineers, Inc. shall not have control or charge of and shall not be
responsible for the means, methods, techniques, sequences or procedures of construction,
fabrication, procurement, shipment, delivery or installation or the safety precautions and
programs in connection with the work for the acts or omissions of the contractors,
subcontractors, suppliers or any other persons performing any of the work or for the
failure of any of them to carry out the work in accordance with the contract documents.
5.The Architect and IDS Mechanical Engineers, Inc., respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this Proposal
and to the partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of this Proposal. Neither the Architect nor IDS Mechanical
Engineers, Inc. shall assign, sublet or transfer any interest in this Proposal without the
written consent of the other.
6.This p
the other party fail substantially to perform in accordance with its terms through no fault
of the party initiating the termination.
7.In the event of termination not the fault of IDS Mechanical Engineers, Inc., the Architect
shall be compensated for all services performed to the termination date together with the
reimbursable expenses then due.
8.This proposal covers only the services outlined. If the project changes substantially after
approval of design development concepts or during construction documentation phase,
necessitating significant revisions to plans, additional meetings, preparation of new
budget, IDS Mechanical Engineers, Inc. shall be allowed to negotiate additional
compensation for this work. We reserve the right to negotiate additional fees if value
engineering is requested following submission of design drawings.
9.Mediation: In an effort to resolve any conflicts that arise during the design and
construction of the project or following the completion of the project, the Architect and
IDS Mechanical Engineers, Inc. agree that all disputes between them arising out of or
relating to this proposal or the project shall be submitted to non-binding mediation as a
primary means of resolution, unless the parties mutually agree otherwise.
1 Peters Canyon Road, Suite 150Irvine, California 92606949.387.8500949.502.7640 faxwww.idsgi.com
10.Arbitration: All claims, disputes, and other matters in question between the parties to this
proposal arising out of or relating to this proposal or the breach thereof, shall be decided
by arbitration in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association then obtaining unless the parties mutually agree
otherwise. No arbitration arising of or relating to this Proposal shall include, by
consolidation, joinder or in any other manner, any additional person not a party to this
Proposal except by written consent containing a specific reference to this Proposal and
signed IDS Group, the Architect, and any other person sought to be joined. Any consent
to arbitration involving an additional person or persons shall not constitute consent to
arbitration of any dispute not described therein. This Proposal to arbitrate and any
Proposal to arbitrate with an additional person or persons duly consented to by the parties
hereto shall be specifically enforceable under the prevailing arbitration law.
11.In no event shall the demand for arbitration be made after the date when institution of
legal or equitable proceedings based on such claim, dispute or other matter in question
would be barred by the applicable statutes of limitations.
12.The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon
it in accordance with applicable law in any court having jurisdiction thereof.
13.Unless otherwise specified, this Proposal shall be governed by the law of the principal
place of business of IDS Group
14.Code Compliance. IDS Mechanical Engineers, Inc. shall put forth reasonable
professional efforts to take into account applicable laws, codes and regulations in effect
as of the date of submission to building authorities. Design changes made necessary by
newly enacted laws, codes and regulations after this date shall entitle IDS Mechanical
Engineers, Inc. to a reasonable adjustment in the schedule and additional compensation
per our standard hourly rates.
15.Limitation of Liability. To the maximum extent permitted by law, the Owner agrees to
this contract. This
limitation shall apply regardless of the cause of action of legal theory pled or asserted.
16.Betterment. If, due to IDS Mechanical Engineers, Inc. negligence, a required item or
component of the project is omitted from the construction documents, IDS Mechanical
Engineers, Inc. shall not be responsible for paying the cost required to add such item or
component to the extent that such item or component would have been required and
included in the original construction documents. In no event will IDS Mechanical
Engineers, Inc. be responsible for any cost or expense that provides betterment or
upgrades or enhances the value of the project.
17.Severability: If any term or provision of this Proposal is held to be invalid or
unenforceable under any applicable statue or rule of law, such holding shall be applied
only to the provision so held, and the remainder of this Proposal shall remain in full force
and effect.
1 Peters Canyon Road, Suite 150Irvine, California 92606949.387.8500949.502.7640 faxwww.idsgi.com
18.Entire proposal. This proposal, comprising pages 1-7 is the entire proposal between IDS
Mechanical Engineers, Inc. and the Architect, ROBERT THORNTON ARCHITECTS,
INC. It supersedes all prior communications, understandings and agreements, whether
oral or written. Amendments to this Proposal must be in writing and signed by both the
Architect and IDS Mechanical Engineers, Inc. proposal must be in writing and signed by
both the Architect and IDS Mechanical Engineers, Inc.
If you do not sign the contract in the space provided below, then please be advised that if you
authorized us to proceed with the work described in sections A and B, then the terms &
conditions described herein shall be the terms & conditions between the parties.
Thank you for the opportunity to offer this proposal. We look forward to performing this work
for Robert Thornton Architects, Inc. Our fee is in accordance with AIA Document C401 (2007
Edition). Please let us know if you have any questions.
Sincerely;
IDS Group Robert Thornton Architects, Inc.
Mark Shoukry
Signature Signature
Mark Shoukry, PhD, PE, LEED AP, M ASCE. Robert Thornton
MEP Principal Robert Thornton Architects, Inc.
IDS Group .
Attachment: Schedule of Fees and Charges
MEP FEE SCEDULE
Additional services will be provided as requested. These servicd on the following
hourly rates. These rates include labor, materials, and taxes.
Classification Billing Rate
Principal $175.00
Engineering Manager $155.00
Engineer $125.00
Senior Designer $105.00
Designer $90.00
Draftsperson $65.00
Clerical $55.00
1 Peters Canyon Road, Suite 150Irvine, California 92606949.387.8500949.502.7640 faxwww.idsgi.com