Common use of Standard Document Clause in Contracts

Standard Document. This General Provisions document is a standard City form document. No changes by Service Provider are authorized to the General Provisions. Notwithstanding anything to the contrary in this Agreement, in the event that Service Provider makes unauthorized changes to the General Provisions, such changes are deemed to have never been made and the contract between the City and Service Provider is deemed to be the unchanged standard City form General Provisions in version stated below, regardless of whether the City signs this Agreement in a form that may contain the unauthorized changes. STANDARD DOCUMENT APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY JANUARY 13, 2024 ▇▇▇▇▇|BHU will provide an ASHRAE Level 2 Building Energy Audit for the ▇▇▇▇▇▇▇ Police Headquarters/Old City Hall Building, and the ▇▇▇▇▇▇▇ Performing Arts Center, per the requirements listed in the AWC Energy Audit Grant Program. The purpose of the Audit is to provide analysis of the building’s energy consumption by end-use to identify areas with the greatest opportunities for energy efficiency. Hultz|BHU will provide engineering services. Their work will be to interview staff, and analyze the building’s various envelope, electrical, mechanical, and control systems that serve the building, and provide Energy Conservation Measures (ECMs) to reduce the buildings’ Energy Use Intensity (EUI). The deliverable for each building will be a report with, as a minimum, the following sections: • Table of Contents • Executive Summary which would include estimated costs for an energy management plan, and operations and maintenance program. • Background • Facility Description • Utility Summary including Energy Use Intensity Calculations, using Energy Star’s Portfolio Manager. • Benchmarking • Energy Conservation Measures (ECMs, also known as EEMs) with estimated energy savings, and first costs for each measure • Appendix: Completed US DOE Asset Score/Audit Template tool. This is listed as “Form D” in the Clean Buildings Performance Standard (CBPS) ▇▇▇▇▇|BHU will provide these services on an hourly basis not to exceed $20,905 for ▇▇▇▇▇▇▇ Performing Arts Center and not to exceed $21,945 for ▇▇▇▇▇▇▇ Police HQ/Old City Hall. Added work is summarized on the attached task and hours breakdown. ▇▇▇▇▇/BHU Engineers‌ Consulting Engineers E N G I N E E R I N G H O U R S (▇▇▇) ▇▇▇-▇▇▇▇ Project: ▇▇▇▇▇▇▇ Perfoming Arts Center - ASHRAE Level 2 Energy Audi Work: Mechanical Engineering DESIGN PHASE Task - Principal Assoc Principal Senior Engr Senior Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical Generate Building Energy Model 1 4 30 2 Cross-check model w/ Utilites 2 4 4 Site Visit - Gather Exist Cond 4 4 Interviews with Staff 2 2 Modify model for ECMs 2 12 Cost Estimate for ECMs 2 12 EUI Analysis 4 8 Draft Level 2 Audit Report 10 4 12 Review Meeting 4 Incorporate Meeing Comments 2 2 2 Complete WA CBPS Form D 4 Labor Hourly Rate $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70 Labor Cost Sub-Totals $225 $7,400 $0 $0 $11,700 $0 $0 $600 $980 DESIGN PHASE TOTAL: $20,905 Hourly Rates - Principal Assoc Principal Senior Senior Engr Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70.00 ▇▇▇▇▇/BHU Engineers Consulting Engineers E N G I N E E R I N G H O U R S (▇▇▇) ▇▇▇-▇▇▇▇ Project: ▇▇▇▇▇▇▇ Police Headquarters / Old City Hall - ASHRAE Level 2 Energy Audi Work: Mechanical Engineering DESIGN PHASE Task - Principal Assoc Principal Senior Engr Senior Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical Hour Total 1 44 0 0 80 0 0 6 14 Labor Hourly Rate $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70 Labor Cost Sub-Totals $225 $8,140 $0 $0 $12,000 $0 $0 $600 $980 DESIGN PHASE TOTAL: $21,945 Hourly Rates - Principal Assoc Principal Senior Senior Engr Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70.00 SELECT ONE OF THE FOLLOWING METHODS OF COMPENSATION, EACH OF WHICH IS SUBJECT TO THE MAXIMUM COMPENSATION AMOUNT ☐ HOURLY RATE. The City shall pay Service Provider a sum equal to the amount of hours actually worked multiplied by the rate identified below for staff performing the Work. Name Title Rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate If there are more staff than rows in the table above, then those staff names, titles, and rates shall be provided in the Scope of Work.

Standard Document. This General Provisions document is a standard City form document. No changes by Service Provider are authorized to the General Provisions. Notwithstanding anything to the contrary in this Agreement, in the event that Service Provider makes unauthorized changes to the General Provisions, such changes are deemed to have never been made and the contract between the City and Service Provider is deemed to be the unchanged standard City form General Provisions in version stated below, regardless of whether the City signs this Agreement in a form that may contain the unauthorized changes. . 1) STANDARD DOCUMENT APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY JANUARY 13JULY 28, 2024 2023 <.. image(Icon Description automatically generated) removed ..> EXHIBIT A PROFESSIONAL SERVICES AGREEMENT‌‌ ▇▇▇▇▇|BHU will ▇ Engineers, Inc. to provide an ASHRAE Level 2 Building Energy Audit this commissioning proposal for your review. The professional services included in this Proposal are directly related to the ▇▇▇▇▇▇▇ Police Headquarters/Old City Hall Municipal Building, and the -Public Works Tenant Improvements (118,232 SF) located at ▇▇▇▇ ▇▇▇▇▇▇▇ Performing Arts Center, per the requirements listed in the AWC Energy Audit Grant Program. The purpose of the Audit is to provide analysis of the building’s energy consumption by end-use to identify areas with the greatest opportunities for energy efficiency. Hultz|BHU will provide engineering services. Their work will be to interview staff, and analyze the building’s various envelope, electrical, mechanical, and control systems that serve the building, and provide Energy Conservation Measures (ECMs) to reduce the buildings’ Energy Use Intensity (EUI). The deliverable for each building will be a report with, as a minimum, the following sections: • Table of Contents • Executive Summary which would include estimated costs for an energy management plan, and operations and maintenance program. • Background • Facility Description • Utility Summary including Energy Use Intensity Calculations, using Energy Star’s Portfolio Manager. • Benchmarking • Energy Conservation Measures (ECMs, also known as EEMs) with estimated energy savings, and first costs for each measure • Appendix: Completed US DOE Asset Score/Audit Template tool. This is listed as “Form D” in the Clean Buildings Performance Standard (CBPS) ▇▇▇▇▇|BHU will provide these services on an hourly basis not to exceed $20,905 for ▇▇▇▇▇▇▇ Performing Arts Center , Everett, WA 98201. The following represents our understanding of the scope of commissioning services required to successfully test and not to exceed $21,945 for ▇commission this facility. ▇▇▇▇▇▇ Police HQ/Old City HallEngineers will develop an overall commissioning program that will satisfy fundamental commissioning (Cx) requirements. Added We will work with the Engineer-of- Record (EOR) to coordinate the activities of all other project team members to ensure compliance with the program. Such procedures will ensure that the startup and commissioning processes comply with the Original Equipment Manufacturers (OEM) standards and procedures and ensure that all testing and commissioning work is summarized on successfully completed within the attached task contract period. As the commissioning agent (CxA), we will work with the EOR, General Contractor (GC), and hours breakdownthe owner team to deliver a commissioned project. In addition to the overall responsibilities outlined above, we will provide the Commissioning services listed below per phase: Immediately upon award, we will issue a Commissioning Plan document which will serve as a detailed guideline of the Cx process for all parties involved. It will include numerous graphics and charts to convey roles and responsibilities, lines of communication, identify parties and highlight key milestone events during the commissioning process. A separate equipment list, schedule duration and manpower requirements document will also be issued for the construction trades where applicable. ▇▇▇▇▇/BHU Engineers‌ Consulting Engineers E N G I N E E R I N G H O U R S ▇ will also become acclimated with the project's technical details by reviewing design drawings and specifications. All concerns or comments will be brought up to project team for response and action. The scope of work during this phase is detailed below: 1. Develop the Commissioning Plan and necessary functional performance tests and procedures that will be provided to the EOR and project team for review and approval. The Commissioning Plan will describe the systems scheduled for commissioning, the nature of the testing to be performed, those required to be in attendance, the documentation of these efforts that will be required, and who is responsible for this documentation. 2. Review Owner Project Requirement (OPR) and Basis of Design (BOD) for clarity and completeness. 3. Develop Cx specifications that can be incorporated into construction documents. 4. Perform design review backcheck on the 50% CD or 100% CD drawings to ensure all previous findings were implemented into design documents. 5. Review the Sequence of Operations (▇▇▇) 6. Assist the General Contractor (GC) ▇▇▇-▇▇▇▇ Project: ▇with developing a Commissioning Schedule. The ▇▇▇▇▇▇ Perfoming Arts Center - ASHRAE Level 2 Energy Audi Work: Mechanical Engineering DESIGN PHASE Task - Principal Assoc Principal Senior Engr Senior Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical Generate Building Energy Model 1 4 30 2 Cross-check model w/ Utilites 2 4 4 Site Visit - Gather Exist Cond 4 4 Interviews with Staff 2 2 Modify model for ECMs 2 12 Cost Estimate for ECMs 2 12 EUI Analysis 4 8 Draft Level 2 Audit Report 10 4 12 Review Meeting 4 Incorporate Meeing Comments 2 2 2 Complete WA CBPS Form D 4 Labor Hourly Rate $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70 Labor Cost Sub-Totals $225 $7,400 $0 $0 $11,700 $0 $0 $600 $980 DESIGN PHASE TOTAL: $20,905 Hourly Rates - Principal Assoc Principal Senior Senior Engr Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70.00 ▇▇▇▇▇/BHU Engineers Consulting Engineers E N G I N E E R I N G H O U R S (▇▇▇) ▇▇▇-▇▇▇▇ Project: ▇▇▇▇▇▇▇ Police Headquarters / Old City Hall - ASHRAE Level 2 Energy Audi Work: Mechanical Engineering DESIGN PHASE Task - Principal Assoc Principal Senior Engr Senior Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical Hour Total 1 44 0 0 80 0 0 6 14 Labor Hourly Rate $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70 Labor Cost Sub-Totals $225 $8,140 $0 $0 $12,000 $0 $0 $600 $980 DESIGN PHASE TOTAL: $21,945 Hourly Rates - Principal Assoc Principal Senior Senior Engr Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70.00 SELECT ONE OF THE FOLLOWING METHODS OF COMPENSATION, EACH OF WHICH IS SUBJECT TO THE MAXIMUM COMPENSATION AMOUNT ☐ HOURLY RATECxA shall complete the following tasks during the construction phase: 1. Develop the Commissioning Plan draft which will serve as the roadmap of how the commissioning process will be implemented. The City shall pay Service Provider a sum equal intention of this plan is to describe the amount systems scheduled for commissioning, the nature of hours actually worked multiplied the testing to be performed, key project team member involvement and what documentation is necessary to meet Cx Requirements. 2. Conduct one (1) onsite kickoff commissioning meeting to plan, coordinate, and schedule commissioning activities, review issues and discuss problem resolution. 3. Before startup, gather and review the current control sequences and interlocks and work with contractors and design engineers until sufficient clarity has been obtained in writing to be able to write detailed testing procedures. 4. Prepare Pre-Functional Test (PFT) scripts to be filled out by EC, GC, BMS, and equipment vendor during startup for the rate identified below for staff performing the Work. Name Title Rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate If there are more staff than rows equipment listed in the table aboveequipment scope. 5. With necessary assistance and review from installing contractors, then those staff names, titles, write the Functional Performance Test (FPT) procedures for equipment and rates shall be provided in systems. 6. Perform four (4) site visit to witness the Scope startup procedure for the mechanical equipment. 7. Attend twenty-four (24) hours of Workteleconference construction meetings (1 MCx and 1 ECX).

Standard Document. This General Provisions document is a standard City form document. No changes by Service Provider are authorized to the General Provisions. Notwithstanding anything to the contrary in this Agreement, in the event that Service Provider makes unauthorized changes to the General Provisions, such changes are deemed to have never been made and the contract between the City and Service Provider is deemed to be the unchanged standard City form General Provisions in version stated below, regardless of whether the City signs this Agreement in a form that may contain the unauthorized changes. STANDARD DOCUMENT APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY JANUARY 13, 2024 ▇▇▇▇▇|BHU will provide an ASHRAE Level 2 Building Energy Audit <.. image(Icon Description automatically generated) removed ..> EXHIBIT A PROFESSIONAL SERVICES AGREEMENT‌‌ This scope of work is for immediate priorities necessary to advance project planning and preconstruction activities, including: • Hold weekly coordination meetings with the City and SOJ; • Organize/schedule project kickoff sessions and stakeholder engagement workshops with the City, SOJ, ▇▇▇▇▇▇▇ Police Headquarters/Old City Hall Building, and the ▇▇▇▇▇▇▇ Performing Arts Center▇, per the requirements listed in the AWC Energy Audit Grant Program. The purpose United Soccer League (USL) and others; • Start procurement of the Audit is to provide analysis site investigation sub-contractors and sub-consultants (potholing utilities, survey, geotechnical/soils, environmental, hazardous materials); • Survey work; • Refine preliminary project schedule and work plan developed during RFP process; • Refine conceptual layouts/design ideas developed during RFP process; • Refine preliminary target value estimate developed during RFP process; • Develop preliminary subcontracting plan; • Develop preliminary basis of the building’s energy consumption by end-use to identify areas with the greatest opportunities for energy efficiency. Hultz|BHU will provide engineering services. Their work design; This interim contract will be to interview staff, superseded by the contract for Phase 1 Preconstruction and analyze the building’s various envelope, electrical, mechanical, and control systems that serve the building, and provide Energy Conservation Measures (ECMs) to reduce the buildings’ Energy Use Intensity (EUI)Design Services. The deliverable for each building will be a report with, as a minimum, the following sections: • Table of Contents • Executive Summary which would include estimated costs for an energy management plan, and operations and maintenance program. • Background • Facility Description • Utility Summary including Energy Use Intensity Calculations, using Energy Star’s Portfolio Manager. • Benchmarking • Energy Conservation Measures (ECMs, also known as EEMs) with estimated energy savings, and first costs for each measure • Appendix: Completed US DOE Asset Score/Audit Template tool. This is listed as “Form D” in the Clean Buildings Performance Standard (CBPS) ▇▇▇▇▇|BHU will provide these services on an hourly basis not to exceed $20,905 for ▇▇▇▇▇▇▇ Performing Arts Center and not to exceed $21,945 for ▇▇▇▇▇▇▇ Police HQ/Old City Hall. Added work is summarized on the attached task and hours breakdown. ▇▇▇▇▇/BHU Engineers‌ Consulting Engineers E N G I N E E R I N G H O U R S (▇▇▇) ▇▇▇-▇▇▇▇ Project: ▇▇▇▇▇▇▇ Perfoming Arts Center - ASHRAE Level 2 Energy Audi Work: Mechanical Engineering DESIGN PHASE Task - Principal Assoc Principal Senior Engr Senior Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical Generate Building Energy Model 1 4 30 2 Cross-check model w/ Utilites 2 4 4 Site Visit - Gather Exist Cond 4 4 Interviews with Staff 2 2 Modify model for ECMs 2 12 Cost Estimate for ECMs 2 12 EUI Analysis 4 8 Draft Level 2 Audit Report 10 4 12 Review Meeting 4 Incorporate Meeing Comments 2 2 2 Complete WA CBPS Form D 4 Labor Hourly Rate $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70 Labor Cost Sub-Totals $225 $7,400 $0 $0 $11,700 $0 $0 $600 $980 DESIGN PHASE TOTAL: $20,905 Hourly Rates - Principal Assoc Principal Senior Senior Engr Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70.00 ▇▇▇▇▇/BHU Engineers Consulting Engineers E N G I N E E R I N G H O U R S (▇▇▇) ▇▇▇-▇▇▇▇ Project: ▇▇▇▇▇▇▇ Police Headquarters / Old City Hall - ASHRAE Level 2 Energy Audi Work: Mechanical Engineering DESIGN PHASE Task - Principal Assoc Principal Senior Engr Senior Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical Hour Total 1 44 0 0 80 0 0 6 14 Labor Hourly Rate $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70 Labor Cost Sub-Totals $225 $8,140 $0 $0 $12,000 $0 $0 $600 $980 DESIGN PHASE TOTAL: $21,945 Hourly Rates - Principal Assoc Principal Senior Senior Engr Proj Mgr Project Engr Project Mgr Senior Designer CAD Tech .- Clerical $225.00 $185.00 $160.00 $155.00 $150.00 $135.00 $120.00 $100.00 $70.00 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT‌ SELECT ONE OF THE FOLLOWING METHODS OF COMPENSATION, EACH OF WHICH IS SUBJECT TO THE MAXIMUM COMPENSATION AMOUNT ☐ ☒ HOURLY RATE. The City shall pay Service Provider a sum equal to the amount of hours actually worked multiplied by the rate identified below for staff performing the Work. Name Title Rate enter name ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Senior Project Manager, ▇▇▇▇▇▇ $140 ▇▇▇▇▇ ▇▇▇▇▇ Senior Design Project Manager, DLR $265 ▇▇▇▇ ▇▇▇▇▇▇▇ Lead Designer,DLR $350 ▇▇▇▇ ▇▇▇▇▇ Director of PreCon & Estimating, Bayley $149 ▇▇▇▇ ▇▇▇▇ Design Project Manager, DLR $175 ▇▇▇▇▇ ▇▇▇▇▇▇▇ Senior Project Superintendent, ▇▇▇▇▇▇ $126 See attached other rates enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate enter name enter title enter rate with RFP. If there are more staff than rows in the table above, then those staff names, titles, and rates shall be provided in the Scope of Work.