HomeMy WebLinkAboutResolution 2025-01, Forte West Wing Design ContractCity of East Wenatchee Resolution 2025-01 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2025-01
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an agreement with Forte Architects for the design
of Safety Improvements and a Remodel to the West Wing of City Hall.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509)
884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2.Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3.Authorization. The City Council authorizes the Mayor to enter into
an agreement as defined in Exhibit A.
4.Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5.Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular
meeting thereof on this 7th day of January, 2025.
The City of East Wenatchee,
Washington
By.
Jerrilea Crawford, Mayor
Attest:
//^,/^ ^.
Anna Laura Lean, City Clerk
Approved as to form only:
1
i.Bob Siderius, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
12-19-2024
01-07-2025
01-07-2025
City of East Wenatchee Resolution 2025-01 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. l)
Page 2 of 2
Jerrilea Crawford (Jan 9, 2025 12:53 PST)
Jerrilea Crawford
AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND FORTE ARCHITECTS
PAGE 1
AGREEMENT BETWEEN CITY OF EAST WENATCHEE
AND DESIGN PROFESSIONAL
ARTICLE 1 AGREEMENT
Project Number: 2025-02
This Agreement is made this 7 day of January in the year 2025,
by and between the
OWNER, City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
and the
DESIGN PROFESSIONAL, Forte Architects, Inc.
Tax identification number (TIN) 20-4657420
Owner and Design Professional are collectively the “Parties.”
PROJECT City of East Wenatchee – City Hall Improvements
Prime Contractor, Forte Architects, Inc.
ARTICLE 2 GENERAL PROVISIONS
2.1 GENERAL PROVISIONS The Parties agree to work together on the basis of mutual trust, good faith,
and fair dealing, and perform in an economical, cooperative, and timely manner. Design Professional
shall furnish or provide the architectural and engineering services necessary to design the Project in
accordance with Owner's Program. The architectural and engineering services shall include basic
services plus additional services as may be authorized by Owner (Services). Such Services may include
services to be performed during the Project’s design, construction, and post-construction phases, as
required and authorized by Owner, including Worksite visits and progress meetings attendance. Design
Professional’s Basic Services are specified in attached Exhibit A. The standard of care for architectural
and engineering Services performed under this Agreement shall be in accordance with the standard of
professional skill and care required for a project of similar size, location, scope, and complexity, during
the time in which the professional services are provided.
2.2 QUALIFICATIONS Design Professional warrants and represents that Design Professional and its
consultants are duly qualified, licensed, registered, and authorized by law to perform the Services under
this Agreement. In performing the services under this Agreement, Design Professional acts as an
independent contractor. Neither Design Professional nor any of its employees are or shall be deemed to
be employees or agents of Owner.
2.3 Design Professional shall be exclusively liable for the payment to the appropriate governmental authority
of all required contributions and taxes, including taxes imposed under the provisions of any unemployment
insurance, Social Security or pension plan insofar as the taxes pertain to the work performed under this
Agreement.
AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND FORTE ARCHITECTS
PAGE 2
2.4 REPRESENTATIVES Owner's Representative is Jerrilea Crawford. Design Professional's
Representative is Lenka Slapnicka. Each Representative shall have authority to bind its respective Party
to all decisions and actions required under this Agreement.
ARTICLE 3 COMPENSATION
3.1 As full compensation for Basic Services provided under and in conformance with this Agreement,
Owner shall compensate Design Professional at the rates specified in attached Exhibit A.
3.2 For reimbursable expenses, Owner will reimburse substantiated, reasonable and necessary out-of-
pocket expenses which are directly chargeable to the Services and/or Additional Services, as applicable,
which, but for those services, would not have been incurred. These expenditures include: transportation,
lodging, subsistence, communications, copying, postage, telephone and special materials and supplies
required during the progress of the work. Design Professional shall include its actual costs for such out-
of-pocket expenses in its monthly applications for payment and provide Owner with sufficient
documentation to substantiate each expense, if so requested.
3.3 Owner makes no representation nor does it provide any guaranteed as to the amount of services
which it will request under this Agreement.
ARTICLE 4 DESIGN PROFESSIONAL'S INSURANCE
4.1 DESIGN PROFESSIONAL'S INSURANCE Before commencing Services and as a condition of
payment, Design Professional shall purchase and maintain insurance coverages with limits of liability that
will protect Design Professional from claims arising out of its Services under this Agreement, whether the
Services are by Design Professional, or any of Design Professional's consultants, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such
insurance coverage shall include Workers' Compensation and Employers' Liability Insurance; Commercial
General Liability, listing Owner and Prime Contractor as additional insureds; Business Automobile Liability
Insurance; and Professional Liability Insurance, which shall be either a practice or a project specific
policy. With the exception of Workers’ Compensation and Employers’ Liability Insurance, Owner shall be
named as an additional insured on the policies listed in this § 4.1 and such insurance shall be primary
and not excess to or contributing with any insurance or self-insurance maintained by Owner.
ARTICLE 5 EXHIBITS
5.1 EXHIBITS The following exhibits are made part of this Agreement:
EXHIBIT A: Basic Services
ARTICLE 6 DESIGN PROFESSIONAL'S SERVICES & RESPONSIBILITIES
6.1 DESIGN PROFESSIONAL'S SERVICES & RESPONSIBILITIES Design Professional shall provide
the Services and if applicable Additional Services, under this Agreement in observance of and
compliance with all laws, ordinances, and regulations of all federal, state, local, and city governments that
may in any manner affect the performance of this Agreement.
6.2 GENERAL RESPONSIBILITIES
6.2.1 Design Professional shall conduct a preliminary evaluation of Owner's Program and other
Project data and information, as set forth in Exhibit A, and shall confirm its understanding of such
requirements with Owner. If requested, Design Professional shall assist Owner to refine or make
clarifications to Owner's Program.
AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND FORTE ARCHITECTS
PAGE 3
6.2.2 Design Professional shall promptly revise without additional compensation those documents
which have not been approved by Owner and to which Owner has reasonable objections or which
present constructability problems.
6.2.3 Design Professional shall assist Owner with filing required documents with governmental
authorities having jurisdiction over the Project, including permits necessary for construction of the
Project.
ARTICLE 7 OWNER'S RESPONSIBILITIES
7.1 WORKSITE INFORMATION Owner shall provide at Owner's expense and in a timely manner the
following, which Design Professional shall be entitled to rely upon for its accuracy and completeness:
7.1.1 information describing the physical characteristics of the site, including surveys, site
evaluations, legal descriptions, data or drawings depicting existing conditions, subsurface and
environmental studies, reports, and investigations, all as set forth in Exhibit A;
7.1.2 inspections and testing services during construction as required by law or as mutually agreed;
and
7.1.3 necessary approvals, site plan review, rezoning, easements and assessments, fees, and
charges required for construction, use, occupancy, or renovation of permanent structures, including
legal and other required services.
7.2 PROPERTY INSURANCE Owner shall provide Builder's Risk Policy or equivalent insurance coverage
which names Design Professional and its consultants as named insureds and shall furnish to Design
Professional, upon request, certificates of insurance evidencing such coverage. The Parties each waive
all rights against each other for loss or damage to the extent covered by such insurance, except such
rights as they may have to the proceeds of such insurance. The Parties shall r equire similar waivers from
all of their consultants retained for the Project.
7.3 APPROVALS Owner shall provide all approvals required under this Agreement in a timely manner.
ARTICLE 8 TIME
8.1 TIME FOR SERVICES Design Professional shall provide all Services in conformance with the most
recent Project schedule approved by Owner. Design Professional shall provide Services in a timely
manner. Time is of the essence.
8.2 DELAYS Design Professional shall compensate and indemnify Owner for costs, expenses, liabilities,
or damages arising from Project delays caused by any errors or omissions of Design Professional. Owner
shall equitably adjust the Project schedule and Design Professional's compensation if Design
Professional is delayed in performance of Services by any act or omission of Owner, changes ordered by
Owner which are due to causes beyond Design Professional's control, or delays authorized by Owner
pending dispute resolution.
ARTICLE 9 PAYMENTS
9.1 PAYMENTS Design Professional shall submit to Owner within the first ten (10) days of each month
monthly applications for payment for Basic and, if applicable Additional Services, and Reimbursable
Expenses with sufficient supporting detail. The Professional shall mail all billings to Owner, ATTENTION
Accounts Payable Department. Alternatively, billings may be emailed to
AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND FORTE ARCHITECTS
PAGE 4
gmelton@eastwenatcheewa.gov, jcrawford@eastwenatcheewa.gov. Owner shall pay approved amounts
to Design Professional within thirty (30) days of receipt of application of payment. Owner shall have the
right to withhold from any payment due or to become due an amount sufficient to protect Owner from loss
that may result from a breach by Design Professional of this Agreement. Payment of the amount withheld
shall be made when the grounds for withholding have been removed.
ARTICLE 10 INDEMNITY
10.1 INDEMNITY To the fullest extent permitted by law, Design Professional shall indemnify and hold
Owner, Owner's officers, directors, members, agents, and employees, Prime Contractor, or their
subcontractors harmless from all claims for bodily injury and property damage, except property insured
under Owner's property insurance, that may arise from the performance of or the failure to perform
Services under this Agreement, but only to the extent of the negligent acts or omissions of Design
Professional, Design Professional's consultants, or anyone employed directly or indirectly by any of them
or by anyone for whose acts any of them may be liable. Design Professional shall not be required to
indemnify or hold harmless Owner, Prime Contractor, or their subcontractors for the negligence of Owner,
Prime Contractor, or their subcontractors.
ARTICLE 11 LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES
11.1 LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except for losses covered by
insurance required by this Agreement the Parties waive claims against each other for consequential
damages arising out of or relating to this Agreement. This mutual waiver also shall apply to consequential
damages due to termination by either Party in accordance with this Agreement. The Parties shall require
similar waivers in contracts with consultants and others retained for the Project.
ARTICLE 12 TERMINATION
12.1 TERMINATION Either Party may terminate this Agreement upon seven (7) days' written notice if the
other Party materially breaches its terms through no fault of the initiating Party. Even after termination, the
provisions of this Agreement still apply to any Services performed, payments made, or events occurring,
costs charged or incurred, or obligations arising before termination date.
12.2 Upon written notice to Design Professional, Owner may, without cause, terminate this Agreement.
Design Professional shall immediately discontinue services, follow Owner's instructions regarding
termination procedures, and strive to minimize any further costs. In the event of such termination, Design
Professional shall be paid only for services performed to date of termination.
ARTICLE 13 DISPUTE MITIGATION AND RESOLUTION
13.1 DIRECT DISCUSSIONS If a dispute arises out of or relates to this Agreement or its breach, the
Parties shall endeavor to settle the dispute. Within five (5) business days, Parties' representatives, who
shall possess the necessary authority to resolve such matter and who shall record the date of first
discussions, shall conduct direct discussions and make a good faith effort to resolve such dispute.
13.2 BINDING ARBITRATION If direct discussions do not successfully resolve the dispute, the
Parties shall submit the matter to binding arbitration decided by an arbitrator in accordance with the
Construction Industry Arbitration Rules of the AAA then in effect. Arbitration will be used for any claim
or dispute related to this Agreement. EACH PARTY WAIVES THEIR RIGHT TO BE HEARD IN A
COURT OF LAW, with or without a jury. This agreement to arbitrate shall be specifically enforceable
under the prevailing arbitration law. An award entered in an arbitration proceed ing shall be final, and
judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
13.2.1 CONTINUANCE OF SERVICES AND PAYMENT Unless otherwise agreed in writing, Design
Professional shall continue to perform Services during any dispute resolution proceedings. If Design
AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND FORTE ARCHITECTS
PAGE 5
Professional continues to perform, Owner shall continue to make payments in accordance with this
Agreement for amounts not in dispute.
13.2.2 COSTS The costs of any binding dispute resolution procedures and reasonable attorneys’
fees shall be borne by the non-prevailing Party, as determined by the adjudicator of the dispute.
13.2.3 VENUE Venue for any dispute mitigation and resolution procedures shall be exclusively in
Douglas County, Washington.
13.2.4 Neither Party may commence arbitration if the claim or cause of action would be barred by
the applicable statute of limitations had the claim or cause of action been filed in a state or federal
court. Receipt of a demand for arbitration by the person or entity administering the arbitration shall
constitute the commencement of legal proceedings for the purposes of determining whether a claim
or cause of action is barred by the applicable statute of limitations.
ARTICLE 14 OWNERSHIP OF DOCUMENTS
14.1 Upon making of final payment to Design Professional, Owner shall receive Ownership of the
property rights, except copyrights, of all documents, drawings, specifications, electronic data, and
information prepared, provided, or procured by Design Professional or its consultants and distributed to
Owner. If this Agreement is terminated, the property rights, except copyrights, shall vest with Owner upon
payment to Design Professional for all Services performed in accordance with this Agreement up to the
date of termination, at which time Owner shall be entitled to use, reproduce, and make derivative works of
such documents and data to complete the Project.
ARTICLE 15 MISCELLANEOUS
15.1 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement
between the Parties and supersedes all prior negotiations, representations and agreements, either written
or oral.
15.2 NO WAIVER The failure of either party to this Agreement to insist upon the performance of any of
the terms or conditions of this Agreement, or the waiver of any breach of any of the terms and conditions
of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the
same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
15.3 ASSIGNMENT Except as to the assignment of proceeds, neither Owner nor Design Professional
shall assign its interest in this Agreement without the written consent of the other.
15.4 SEVERABILITY In the event that any provision of this Agreement is held to be invalid, the Parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both Parties subsequent to the removal of the invalid provision.
15.5 GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington.
15.6 NOTICE Unless changed in writing, a Party’s address indicated above Article 1 shall be used when
delivering notice to a physical address. Except for agreement termination, notice is effective upon
transmission by any effective means, including U.S. postal service and overnight delivery service.
15.7 MODIFICATION Any modification of this Agreement or additional obligation assumed by either party
in connection with this Agreement shall be binding only if placed in writing and signed by an authorized
representative of each party
AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND FORTE ARCHITECTS
PAGE 6
OWNER: City of East Wenatchee
BY:
Jerrilea Crawford, Mayor
DESIGN PROFESSIONAL: Forte Architects, Inc.
BY:
Lenka Slapnicka, Project Manager
END OF DOCUMENT.
December 3, 2024
City of East Wenatchee - Public Works Department
271 9th Street NE
East Wenatchee, Washington 98802
Re: Fee Proposal: Architectural services
Project No: 2427
Project Name: City of East Wenatchee - City Hall Improvements - Phase I
Dear Garren Melton,
In accordance with your request, we are pleased to provide this fee proposal for professional
services in connection with preparation of the construction documents, Bidding and
Construction administration of the approved design for the City of East Wenatchee City Hall
improvements, Phase I, Administration West “wing”. The facility is located at 217 9th street NE,
East Wenatchee. Our proposal is based on the attached conceptual design which was approved
by the Mayor and City Council. The City allocated $150,000 for the development of construction
documents and actual construction. This doesn’t include the free-standing furniture or cubicles.
The existing mechanical system will be only adjusted to meet the new wall layout. No new HVAC
equipment will be provided. We understand that the project doesn’t need to go out for a bid,
but the contractor can be selected from the Small Works Roster.
Exhibit A
Project
The current building is divided into two wings: east and west. The West wing houses the Mayor,
Legal, City Clerk, and Planning departments. This wing requires minor security upgrades,
restricted public access, separate staff workspaces, an expanded conference room, and
additional workspaces.
The East wing includes the Finance and Court departments. After the Police department
relocated from this wing, space became available for expansion and reconfiguration. This
portion of the project will not be part of this scope of work and will be addressed in the future
under a separate contract.
• Project scope of work
o Development architectural, mechanical and electrical construction documents
▪ Cover page
▪ General Notes
▪ Life safety Plan
▪ Site Plan
▪ Demo Floor Plan
▪ Demo Ceiling Plan
▪ Overall Floor Plan
▪ Detailed Floor Plan
▪ Detailed ceiling Plan
▪ Door Schedule
▪ Room Finish Schedule
▪ Interior Elevations
▪ Built In Cabinetry
▪ Mechanical Plans
▪ Electrical Plans
▪ Specification will be listed on the plans
o Selection of interior finishes
o Assist during the Bidding Phase
o Assist during the Construction Administration
• Upon Request Forte Architects, Inc. can provide Additional Services as follows:
o Detailed Renderings
Typical and included project visualizations are quite well developed and include
realistic depictions of the exterior of the building, but sometimes owners
require a specific level of detail that is not normally required for design approval
or construction documentation, for example: interior realistic renderings or
artificial lighting renderings.
• Services not to be provided by Forte Architects for this scope of work:
o Structural Engineering
o Civil Engineering
Exhibit A
Reimbursable Expenses
Reimbursable expenses are in addition to compensation for Architectural and Additional
Services and include expenses incurred by us and our consultants directly related to the project
specifically enumerated by Forte 2025 Rate Schedule (schedule attached). An example would
be if we were requested to provide full size sheet sets.
Fees
Based upon our understanding of the size and complexity of the project as described above we
propose to be compensated as listed below:
Total Fixed Fee for the Construction documents: $40,710
(architectural, mechanical, electrical)
Bidding Hourly
Construction Administration Hourly
This fee is based on our understanding of the size and complexity of the project as described
above and shall be equitably adjusted if there is a significant change in the scope of work.
Reimbursable Expenses
Reimbursable expenses are in addition to compensation for Architectural and Additional
Services and include expenses incurred by us and our consultants directly related to the project
specifically enumerated by Forte 2025 Rate Schedule (schedule attached).
Terms and Conditions
Please review the attached proposal and contact me at any time to discuss the above.
Sincerely,
Forte Architects, Inc.
Lenka Slapnicka
Lenka Slapnicka
Principal
Enclosures Forte 2025 Rate Schedule
Exhibit A
2025 RATE SCHEDULE
Hourly Billing Rate Subject to Change 2026
TIME CLASSIFICATION BY PERSONNEL CODE RATE
Clerical or Apprentice Draftsman 1 93.00/hr
Draftsman/Technician 2 127.00/hr
Staff Architect/Designer/Planner 3 141.00/hr
Project Architect or Planner 4 173.00/hr
Principal 5 210.00/hr
Any of the above personnel rates may involve several and diverse activities, such as Design, Field
Inspection, Research, Conferences, etc. Rates are based on a multiple of the average salaries of
personnel classifications, and an operational structure that endeavors to utilize each person at his
optimum effectiveness.
OUTSIDE CONSULTANT’S TIME (Structural, Mechanical, or Electrical Engineers, etc.) is charged at
Consultant’s cost to Forte Architects, plus a multiple of 1.10 times the expense incurred for taxes and
overhead factor.
TRAVEL TIME is charged at the reduced rate(s) of Code 4 for Principals, Code 3 for Project Architects,
Code 2 for Staff Architects and Code 1 for all other personnel.
REIMBURSABLE EXPENSES: The following expenses, when incurred by the Architect or their consultant
in service to the client, are charged to the client:
.1 Transportation and authorized out-of-town travel and subsistence beyond a 25mile radius from
Architect’s office;
.2 Fees paid for securing approval of authorities having jurisdiction over the Project;
.3 Printing, reproductions, plots, standard form documents;
.4 Postage, handling and delivery;
.5 Renderings, models, mock-ups, professional photography, and presentation materials requested
by the Owner;
.6 Architect’s or Architect’s Consultant’s expense of professional liability insurance dedicated
exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner
requests such insurance in excess of the $1 million per occurrence normally carried by the
Architect or Architect’s consultants;
.7 All taxes levied on professional services and on reimbursable expenses;
.8 Other similar Project-related expenditures.
Reimbursable expenses, except Item 1, travel and Item 3, in-house reproductions, compensation shall
be computed as a multiple of 1.10 times the expense incurred for taxes and overhead factor.
Full payment is due within 30 days from date of invoice. A service charge of 1% per month (annual rate
12%) will be assessed on balances 30 days past due.
Exhibit A
5. Resolution 2025-01, Forte West Wing Design
Contract
Final Audit Report 2025-01-09
Created:2025-01-09
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAApA8p2dAAVzlrhLZ8_xErrkS-6ENla12w
"5. Resolution 2025-01, Forte West Wing Design Contract" Histo
ry
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-01-09 - 1:04:11 AM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2025-01-09 - 1:04:27 AM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2025-01-09 - 8:52:33 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2025-01-09 - 8:53:21 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-01-09 - 8:53:23 PM GMT - Time Source: server
Agreement completed.
2025-01-09 - 8:53:23 PM GMT
