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Proposal - Robert Thornton Architects Inc. - 2014-02-12 th : 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