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Home My WebLink About05(F) - Approve a master service agreement with Oertel Architects and a work order for Fire Station 1 design and construction administration services ReportPage 1 of 12 Public Works Master Service Agreement OERTEL ARCHITECTS, LTD This contract is between the City of Prior Lake, Minnesota ("City"), whose business address is 4646 Dakota Street S.E., Prior Lake, MN 55372, and Oertel Architects, LTD ("Consultant") whose business address is 1795 St. Clair Avenue, St. Paul, MN 55105. Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Consultant agree as follows: 1. Scope of Work. Consultant agrees to provide, perform and complete all the services requested by the City (“Work”) in each work order issued by the City (“Work Order”). All Work shall be performed pursuant to the applicable Work Order and shall be subject to the terms and conditions of this contract (collectively this contract and all Work Orders issued by the City pursuant to this contract are the “Agreement”). The categories and types of services to be provided under this Agreement and the corresponding fees and charges are set forth in Exhibit A. Each Work Order shall be in the form attached hereto as Exhibit B and shall specify the Work to be completed, the compensation for the identified Work and the timeline by which it must be completed. No Work shall be performed by the Consultant without a Work Order from the City. 2. Effective Date and Term of Agreement. This Agreement shall become effective upon the signature of both parties and shall continue for five (5) years thereafter. In addition, upon agreement of both parties and execution of a written extension, this Agreement may be extended for one additional 3-year term. 3. Compensation for Services. City agrees to pay the Consultant as set forth in each Work Order. A. Consultant’s fee schedule is set forth in Exhibit A. Annually, by November 15, Consultant shall submit an updated fee schedule to the City Council for the Council’s review and approval. If the Council does not approve the updated fee schedule the parties may negotiate a mutually agreeable fee schedule or the parties may terminate this Agreement. B. Any changes in the scope of the Work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay addit ional compensation for services or materials that do not have prior written authorization. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by the period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. Consultant shall prepare and submit to City, itemized invoices setting forth work performed and the payments requested under this Agreement. Invoices shall be submitted monthly any time there is an existing, unpaid Work Order. In each invoice Consultant shall provide an itemized listing of all expenses and such other documentation as reasonably required by the City. Each invoice shall identify the applicable Work Order and shall contain the City’s project number and a progress summary showing the current billing, Page 2 of 12 past payments and any unexpended balance under the applicable Work Order. Invoices submitted shall be paid in the same manner as other claims made to the City. A. Claims. In compliance with Minn. Stat. 471.38, by making a claim for payment, Consultant is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. B. Waiver of Claims. The Consultant’s acceptance of final payment shall constitute a waiver of all claims by the Consultant except those previously made in writing and identified by the Consultant as unsettled at the time of application for final payment. 5. Compliance with Laws and Regulations. In providing the Work, the Consultant shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 6. Consultant’s Employees. Consultant and its employees, representatives and agents shall comply with all City policies (no smoking, parking location, check in, sign it, etc.). Consultant and its employees, representatives and agents shall use care, coordination and communication in order to ensure City employees and guests are not disturbed or inconvenienced. Consultant’s employees, representatives and agents shall be neat appearing and at City’s request wear an identification badge approved by the City. Consultant must honor the City’s request to reassign an employee, representative or agent whom the City determines is unsuitable for the Work. When necessary, Consultant’s employees, representatives and agents will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Consultant. The City shall have the right to perform or require to be performed criminal background checks on any employee, representative or agent of the Consultant who will perform any aspect of the Work. The Consultant shall cooperate with the City in the performance of all such criminal background checks. 7. Consultant’s Representative. Consultant shall designate a representative to coordinate with the City and to manage and supervise all Work performed under this Agreement. The representative shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement and the applicable Work Order. Consultant may not remove or replace the representative without the approval of the City. 8. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete the Work in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of the Work. 9. City’s Obligations. City will provide access to public and private property as necessary for Consultant to perform the Work. City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the Work. The City shall furnish the Consultant with a copy of any applicable policy, standard or Page 3 of 12 criteria, including but not limited to, design and construction standards, that may be required for the Work. 10. City's Representative. City shall designate a project representative with respect to the Work. He or she shall have authority to transmit instructions, receive information, and interpret the City's policy and decisions with respect to the Work. 11. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of this Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of the Information as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the Work does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of this Agreement is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 12. Insurance. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect Consultant and City against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Consultant agrees to maintain all coverage required herein throughout the term of this Agreement and for a minimum of two years following City’s written acceptance of the Work. A. Such insurance shall include, but not be limited to, the following minimum coverages and limits of liability: i. Commercial General Liability Insurance. Commercial General Liability Insurance protecting Consultant and City from claims for damages for bodily injury, including death, and from claims for property damage, which may arise from operations under this Agreement. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. The City, including its elected and appointed officials, employees, and agents, must be endorsed as an Additional Insured using ISO Form CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for Products/Completed Operations. Insurance minimum limits are as follows: • $1,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations ii. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all Consultant’s employees in accordance with the statutory requirements of the State of Minnesota. The Consultant shall also provide Employer’s Liability Insurance with minimum limits as follows: Page 4 of 12 • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. If Minnesota Statutes, Section 176.041 exempts the Consultant from Workers’ Compensation insurance, the Consultant must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes the Consultant from the Minnesota Workers’ Compensation requirements. iii. Business Automobile Liability Insurance. Business Automobile Liability Insurance protecting City and Consultant from claims for damages for bodily injury, including death, and from claims for property damage resulting from the ownership, operation, maintenance or use of all autos which may arise from operations under this Agreement. Insurance minimum limits are as follows: • $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage including Owned, Hired, and Non-owned Automobiles. iv. Professional/Technical (Errors and Omissions) Liability Insurance. Professional Liability (Errors and Omissions) Insurance that provides coverage for all claims the Consultant may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Consultant’s professional services required under this Agreement. The Consultant is required to carry the following minimum limits: • $2,000,000 – per claim • $2,000,000 – annual aggregate The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the Consultant shall maintain such insurance for a period of at least two years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by the Consultant to fulfill this requirement. B. All of the insurance policies required by this Agreement shall comply with the following: i. The Consultant’s policies, except Worker’s Compensation Insurance and Professional/Technical Liability Insurance, shall be primary insurance and non- contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Consultant’s performance under this Agreement including the defense and indemnity obligations assumed by Consultant under this Agreement. ii. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant’s policy limits to satisfy the full policy limits required by this Agreement. iii. All insurance shall be provided on an occurrence basis and not on a claims-made basis, except professional liability insurance or other coverage not reasonably Page 5 of 12 available on an occurrence basis; provided that all such claims-made coverage is subject to the approval of the City Attorney. iv. Any insurance limits in excess of the minimum limits shall be available to the City. v. All policies, except professional liability, shall be endorsed with a waiver of subrogation in favor of the City, including its elected and appointed officials, employees, and agents for losses arising from activities under this Agreement. vi. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required. The City may require the Consultant to provide proof of ability to pay losses and related expenses within the deductible and retention. vii. The Consultant is required to submit a Certificate of Insurance acceptable to the City as evidence of the required insurance coverage requirements. viii. The Consultant’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty days’ advanced written notice to the City, or ten days’ written notice for non- payment of premium. ix. The Consultant is responsible to review and ensure all subcontractors comply with the insurance provisions contained herein and said insurance is maintained as specified. x. If the City authorizes the Consultant to be self-insured, a Certificate of Self- Insurance must be attached. xi. The Consultant shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better and authorized to do business in the State of Minnesota, or as approved by the City. xii. The City reserves the right to immediately terminate this Agreement if the Consultant is not in compliance with the insurance requirements and retains all rights to pursue any remedies against the Consultant. xiii. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City’s authorized representative upon written request. xiv. The City’s failure to approve or disapprove the Consultant’s policies or certificates shall not relieve the Consultant of full responsibility to maintain the required insurance. xv. If the coverage period shown on the Consultant's current certificate of insurance ends during the duration of the project, the Consultant must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage has been extended. xvi. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Consultant under this Agreement. C. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any Page 6 of 12 aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to take one of the following actions within fifteen days of receiving notice from the City: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, representatives, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, representatives, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Termination. A. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non- performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. B. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Consultant shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Consultant’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. C. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Consultant, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Consultant, in which event, this Agreement shall terminate on the notice becoming effective. 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Upon service of a written notice requesting mediation, the parties shall Page 7 of 12 have ten (10) days to jointly select one person to act as mediator. If the parties are unable to agree upon a mediator, the parties shall ask the Scott County District Court to select a mediator. The mediation shall be conducted pursuant to the commercial mediation procedures of the American Arbitration Association but shall not be administered by the American Arbitration Association. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Each party shall bear its own costs of the mediation process. The parties shall share equally the fees and expenses of the mediator. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties acknowledge that mediation is a voluntary process, and that the mediator does not have the authority to bind either party absent the party’s consent. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. Notice. Any notice required or permitted under this Agreement shall be delivered in one or more of the following manners: (i) delivered personally; (ii) mailed by United States registered or certified mail, return receipt requested, postage prepaid; or (iii) deposited cost paid with a nationally recognized, reputable overnight courier. Notice shall be delivered or directed to an officer or agent of the Consultant or to the City Manager as applicable at the address set forth on page 1 of this Agreement. Notice shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party in any manner above specified, 10 days prior to the effective date of such change. 17. Independent Contractor. At all times and for all purposes, Consultant is an independent contractor engaged by City to perform the services described in this Agreement and Consultant shall have no authority to employ persons or make purchases on behalf of City, or otherwise bind or obligate City. No statement in this Agreement shall be construed to find the Consultant an employee of the City. 18. Assignment or Subcontract. Consultant shall not subcontract any part of the Work; nor may Consultant assign this Agreement, or any interest arising herein, without the prior written consent of the City. 19. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six years. 20. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. Page 8 of 12 21. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for the Work, and will require all of its subcontractors for the Work to incorporate such requirements in all subcontracts for the Work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 22. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 23. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 24. Damages. In the event of a breach of this Agreement by the City, Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 25. Enforcement. The Consultant shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be only in the courts of Scott County, Minnesota or the federal courts for the United States for the District of Minnesota. 27. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 29. Waiver. No action nor failure to act by the City or the Consultant shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Page 9 of 12 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized agents. CITY OF PRIOR LAKE ______________________ __________________________________ Date Mayor ___________________________________ City Manager OERTEL ARCHITECTS, LTD ______________________ By: ________________________________ Date Its: _______________________________ Page 10 of 12 Exhibit A To Public Works Master Service Agreement Categories/Types of Services/Charges N/A – Not Applicable Page 11 of 12 Exhibit B To Public Works Master Service Agreement Work Order OERTEL ARCHITECTS, LTD This work order (“Work Order”) is issued on this _______ day of __________________, 20____ by the City of Prior Lake (“City”) pursuant to the Public Works Master Service Agreement dated December 6, 2021 (“Contract”) between the City and Oertel Architects, LTD (“Consultant”). Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Consultant agree as follows: 2. Scope of Work Order. Consultant agrees to provide, perform and complete all the services requested by the City in this Work Order and attached Exhibit 1 (“Work”), which Work shall be subject to the terms and conditions of this Work Order and the Contract. 3. Term of Work Order. All Work requested by this Work Order shall be completed [by __________________.] OR [in accordance with the following schedule: ___________________.] 4. Compensation for Work Order. City agrees to pay the Consultant [a fixed sum of $_______________] OR [an hourly sum of $__________, with total payments made in each one-year period not to exceed _________________] as full and complete payment for the Work requested by this Work Order. 5. Consultant Representative. Consultant has designated ____________________ to manage the Work Order subject to the supervision of Consultant’s representative. ISSUED BY CITY OF PRIOR LAKE ___________________________________ City Manager RECEIVED AND ACCEPTED BY OERTEL ARCHITECTS, LTD _____________________________________ By:_________________________ Its:_________________________ Page 12 of 12 Exhibit 1 – Scope of Work Order Page 1 of 2 Work Order OERTEL ARCHITECTS, LTD This work order (“Work Order”) is issued on this 6th day of December 2021 by the City of Prior Lake (“City”) pursuant to the Public Works Master Service Agreement dated December 6, 2021 (“Contract”) between the City and Oertel Architects, LTD (“Consultant”). Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Consultant agree as follows: 1. Scope of Work Order. Consultant agrees to provide, perform and complete all the services requested by the City in this Work Order and attached Exhibit 1 (“Work”), which Work shall be subject to the terms and conditions of this Work Order and the Contract. 2. Term of Work Order. All Work requested by this Work Order shall be completed by December 31, 2022. 3. Compensation for Work Order. City agrees to pay the Consultant a fixed sum of $61,500 as full and complete payment for the Work requested by this Work Order. 4. Consultant Representative. Consultant has designated Deb Brandwick to manage the Work Order subject to the supervision of Consultant’s representative. ISSUED BY CITY OF PRIOR LAKE ___________________________________ City Manager RECEIVED AND ACCEPTED BY OERTEL ARCHITECTS, LTD _____________________________________ By:_________________________ Its:_________________________ Page 2 of 2 Exhibit 1 – Scope of Work Order MEMORANDUM 1795 St. Clair Avenue St. Paul, MN 55105 (651) 696-5186 www.oertelarchitects.com DATE: 11-3-2021 TO: Jake Theisen City of Prior Lake FROM: Deb Brandwick RE: Prior Lake Fire Station #1 Remodel Jake, Thank you for the opportunity to propose on this project. We have based our fee on our discussion, review of the study plan options and the following assumptions: PROJECT SCOPE ASSUMPTIONS: ·The project includes the remodel of the kitchen, training room/great room, remodel and creation of (5) dorm rooms, remodel and creation of a fitness room, and relocation of the generator with all necessary code upgrades. ·Only known structural item is the new opening at the kitchen. ·Proposal is for full design, bid documents and construction administration ·This proposal is based on Plan Option #9, dated 10-28-2021, from the study phase ·Goal to have construction complete by Sept 2022 EXHIBIT 1 2 | P a g e For the project as described, we propose the following design process and work scope efforts: Task 1.0 – Review Study Plans 1. Review of plan option #9, confirm general layout of dorm rooms 2. Confirm preferred plan and items to be included in bid pack 3. Confirm owner provided items/equipment 4. Confirm extent of new finishes, lighting, ect. 5. Review potential code issues Task 2.0 – Preliminary Design 1. Create design development documents for owner review 2. Include interior elevations of kitchen and multi-purpose room – and any additional casework 3. Provide finishes options for owner review 4. Review technology options for training room and alarm system 5. Coordinate and attend plan review meeting with City plan review staff 6. Meetings with owner as necessary to review plans and progress Task 3.0 - Construction Documents 1. Complete drawing package and specifications, including front end information, for public bid 2. Assist in selection of owner provided equipment, furniture, ect. 3. Finalize finishes selections Task 4.0 – Bidding 1. Answer questions and issue addendums 2. Coordinate and attend pre-bid meeting Task 5.0 – Construction Administration 1. Pre-construction meeting 2. Shop drawing review 3. Respond to contractor questions 4. Attend bi-weekly site meetings 5. Punch list review 3 | P a g e Our proposed fee is as follows: Oertel Architects Paulson and Clark Total Fee Architectural, interior design, furniture selection $33,500 Mechanical, Electrical, Structural $28,000 Total $61,500 Reimbursable expenses: Mileage at IRS rates Deliveries at cost Exclusions - Fees for bidding service - Document hard copies - Permitting fees - Special inspections, construction testing and evaluation - Civil engineering Sincerely, Debra Brandwick, Principal Attached: Plan Option #9 20' maxone hour wall, not bearing