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HomeMy WebLinkAboutR-2005-115 Brockway Opfer Raab Architecture, PLLC, AgreementRESOLUTION NO. R-2005-115 A RESOLUTION ratifying and authorizing execution of an architectural services agreement between the City of Yakima and Brockway Opfer Raab Architecture, P.L.L.C., to develop specifications for the addition of approximately 3000 square feet to Fire Station No. 92, 7707 Tieton Drive, Yakima, Washington, and for minor alterations to Fire Station No. 92 to address functional needs and code requirements. WHEREAS, Yakima County Fire Protection District No. 12 is in the process of transferring ownership of its Fire Station No. 1 located at 7707 Tieton Drive, Yakima, to the City of Yakima; and WHEREAS, upon transfer of title to the City, Fire Station No. 1 shall be redesignated Fire Station No. 92; and WHEREAS, the Fire Department requires the addition of approximately 3000 square feet and certain modifications to Fire Station No. 92 to improve its functionality and to meet code requirements; and WHEREAS, the Fire Department requires professional architectural services to develop specifications for said construction and renovation activities; and WHEREAS, the Fire Department does not have the staffing levels or specialized expertise necessary to provide said architectural services; and WHEREAS, Brockway Opfer'Raab Architecture, P.L.L.C., offers to provide said architectural services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Brockway Opfer Raab Architecture, P.L.L.C., for professional architectural services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby directed and authorized to execute the attached and incorporated architectural services agreement between the City of Yakima and Brockway Opfer Raab Architecture, P.L.L.C., to develop specifications for the addition of approximately 3000 square feet to Fire Station No. 92, 7707 Tieton Drive, Yakima, Washington, and for minor alterations to Fire Station No. 92 to address functional needs and code requirements. ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2005. ATTEST: City Clerk IAIA� Document B141TM-1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the day of July in the year Two Thousand and Five (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Yakima Fire Department, City of Yakima 401 North Front Street Yakima, Washington 98901 and the Architect: (Naive, address and other information) Brockway Opfer Raab Architecture, Professional Limited Liability Company 1320 N. 16th Avenue, Suite C Yakima, Washington 98902 Telephone Number 509 454-3299 Fax Number: 509 454-3254 For the following Project: (Include detailed description of Project) Fire Station No. 92 Addition 7707 Tieton Drive Yakima, Washington 98908 Provide basic architectural and engineering services for the addition of approximately 3,000 square feet to the east of the existing Fire Station No. 92. Minor alterations to the existing station may be included, as required, to address functional needs and code requirements. The basic services include electrical, mechanical and structural engineering. The Owner and Architect agree as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141 TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:1 1 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) The objective of this project is to provide space to accommodate Yakima Fire Department staff on a 24 hour a day basis. § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The project is to provide an approximately 3,000 square foot addition to the east side of the existing Fire Station No. 92. The property is currently covered with asphalt paving. § 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The Yakima Fire Department has developed a program of needs, as well as, a conceptual floor plan for use in the design process. § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) None have been provided by the City at this time. § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $610,000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $450,000.00 § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) It is anticipated that the Fire Station No. 92 property will be transferred to the City of Yakima on or about July 1, 2005, after which design services will be authorized to begin. § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Competitive bid. § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is. (List name, address and other information.) AIA Document B141TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) Steve Scott, Deputy Chief 401 North Front Street Yakima, Washington 98901 § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Dennis Mayo, Fire Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) None identified. § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Sherlyn M. Brockway 1320 N. 16th Avenue, Suite C Yakima, Washington 98902 Telephone Number: 509 454-3299 Fax Number: 509 454-3254 sbrockway@borarch.com § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Electrical Engineering: Conley Engineering, Inc. 205 North 40th Avenue Yakima, Washington 98908 Structural Engineering: Atwood-Hinzman, Inc. East 1819 Springfield Spokane, Washington 99202 Mechanical Engineering to be selected. § 1.1.4 Other important initial information is: Civil Engineering and Landscape Architectural Services are considered Extra Services. § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: AIA Document B141 TM — 1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public AIA Document B141TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not AIA Document 8141 *M —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No. 1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation. .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. § 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. AIA Document B141TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This Ate Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No. 1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) § 1.3.5 ARBITRATION § 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 1 Z T § 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. § 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. 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 statute of limitations. § 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive c nscquential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Section 1.4.2. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. AIA Document B141T'" - 1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA``' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. § 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. AIA Document B141TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Section 1.5.5; .8 other similar direct Project -related expenditures. § 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B 141-1997. § 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) Exhibit A, Hourly Rates Schedule § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: Civil Engineering and Landscape Architectural Services are considered extra services. AIA Document B141TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximurn extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: The basic fee of $45,000.00 is based on 10% of the estimated construction cost of $450,000. The fee will be broken down by project phase as follows: Schematic Design Phase: Design Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Fifteen percent Twenty percent Forty percent Five percent Twenty percent (15%) (20%) (40%) (05%) (20%) § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3 1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) Additional services shall be provided on a time and expense basis using the hourly billing rates as shown in the attached Hourly Rates Schedule, Exhibit A. § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and one-tenth ( 1.10 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. § 1.5.7 An initial payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. § 1.5.8 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Ames -unpaid -- Sixty (60) days after the invoice date shall bear interest at the rate entered below, or in the abcencc thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within Twenty-four ( 24) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. AIA Document B141TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) This Agreement entered into as of the day and year first written above. OWNER 1P. .2 as Cu -k-1 (Printed naive and title) t ARCHITECT (Signat t er yn M. Brockway, Principal (Printed name and title) CITY CONTRACT NO: aQ' °C7 RESOLUTION ND —� ; ' �(j S - AIA Document B141TM -1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No. 1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) Additions and Deletions Report for AIA Document 8141n" —1997 Part 1 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:0011 on 07/13/2005. PAGE1 AGREEMENT made as of the day of July in the year Two Thousand and Five Yakima Fire Department, City of Yakima 401 North Front Street Yakima, Washington 98901 Brockway Opfer Raab Architecture, Professional Limited Liability Company 1320 N. 16th Avenue, Suite C Yakima, Washington 98902 Telephone Number: 509 454-3299 Fax Number: 509 454-3254 Fire Station No. 92 Addition 7707 Tieton Drive Yakima, Washington 98908 Provide basic architectural and engineering services for the addition of approximately 3,000 square feet to the east of the existing Fire Station No. 92. Minor alterations to the existing station may be included, as required, to address functional needs and code requirements. The basic services include electrical, mechanical and structural engineering. The Owner and Architect agree as follows: PAGE 2 The objective of this project is to provide space to accommodate Yakima Fire Department staff on a 24 hour a day basis. The project is to provide an approximately 3,000 square foot addition to the east side of the existing Fire Station No. 92. The property is currently covered with asphalt paving. The Yakima Fire Department has developed a program of needs, as well as, a conceptual floor plan for use in the design process. Additions and Deletions Report for AIA Document B141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) None have been provided by the City at this time. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $610,000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $450,000.00 It is anticipated that the Fire Station No. 92 property will be transferred to the City of Yakima on or about July 1, 2005, after which design services will be authorized to begin. Competitive bid. PAGE 3 Steve Scott, Deputy Chief 401 North Front Street Yakima, Washington 98901 Dennis Mayo, Fire Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 None identified. Sherlyn M. Brockway 1320 N. 16th Avenue, Suite C Yakima, Washington 98902 Telephone Number: 509 454-3299 Fax Number: 509 454-3254 sbrockway@borarch.com Electrical Engineering: Conley Engineering, Inc. 205 North 40th Avenue Yakima, Washington 98908 Structural Engineering: Atwood-Hinzman, Inc. East 1819 Springfield Additions and Deletions Report for AIA Document B141TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA3' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00'11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) Spokane, Washington 99202 Mechanical Engineering to be selected. Civil Engineering and Landscape Architectural Services are considered Extra Services. PAGE 9 Exhibit A, Hourly Rates Schedule Civil Engineering and Landscape Architectural Services are considered extra services. PAGE 10 The basic fee of $45,000.00 is based on 10% of the estimated construction cost of $450,000. The fee will be broken down by project phase as follows: Schematic Design Phase: Fifteen percent (15%) Design Phase: Twenty percent (20%) Construction Documents Phase: Forty percent (40%) Bidding or Negotiation Phase: Five percent (05%) Construction Phase: Twenty percent (20%) Additional services shall be provided on a time and expense basis using the hourly billing rates as shown in the attached Hourly Rates Schedule, Exhibit A. § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and one-tenth ( 1.10 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.7 An initial payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. § 1.5.8 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. irmatmts-ttripttitl ( ) Sixt 60 days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. § 1.5.9 If the services covered by this Agreement have not been completed within Twenty-four ( 24) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. PAGE 11 Sherlyn M. Brockway, Principal Additions and Deletions Report for AIA Document B141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Sherlyn M. Brockway, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:00:11 on 07/13/2005 under Order No. 1000167046_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B 141TM — 1997 Part 1 - Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Title) (Dated) AIA Document D401 TM - 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA`-" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA''' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:00:11 on 07/13/2005 under Order No. 1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (2517471231) -I1- ..1 --litiTh-ci BROCKWAY • OPFER • RAAB ARCHITE CTURE,P.L.L.c. EXHIBIT A HOURLY RATES SCHEDULE 2005 Principal: $95.00 Principals: Sherlyn M. Brockway Allen G. Opfer Richard A. Raab Project Architect: $80.00 Personnel assigned to project supervision / Project Managers. Architect I / Specialties Technician: $70.00 Personnel assigned to project with five years plus experience or assigned to a project with specific specialties in services to be rendered (hcensed or unlicensed). Architect II / Technician I: $65.00 Personnel assigned to a project with two to five years experience, drafters (hcensed or unlicensed). Architect III / Technician II: $55.00 Personnel assigned to a project with two or less years experience. Graduate from an accredited University or drafter in training to become an architect (unlicensed). Technician III: $50.00 Intern assigned to a project. Still in School / part time employee / apprentice in training (unlicensed). Technician IV / Clerical: $40.00 Expert Witness Testimony: $250.00 Services of consultants at a multiple of 1.1 times the amounts billed to the Architect for such services. Reimbursable Expenses at a multiple of 1.1 times the actual amount expended. 1320 N. 16TH AVENUE SUITE C YAKIMA, WASHINGTON 98902 (509) 454-3299 FAX (509) 454-3254 IIAIADocument BI4ITM -1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141TM -1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24.15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK § 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and AIA Document B141TM -1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AEA-" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24'15 on 03/22/2005 under Order No. 1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. AIA Document B141TM -1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIRF Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24'15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. § 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions § 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.'1 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective Ownefr ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the AIA Document B141 TM -1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24'15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor 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 rights and responsibilities under the Contract Documents. § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or AIA Document B141 TM - 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24:15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4 SUBMITTALS § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the 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 Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals AIA Document B141TM — 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24'15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT COMPLETION § 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or collection of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. AIA Document B141TM -1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AEA' Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24'15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3- .1 up to Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Twenty-four ( 24 ) visits to the site by the Architect over the duration of the Project during construction. .3 up to Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to Two ( 2 ) inspections for any portion of the Work to determine final completion. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .1 Programming Owner .2 Land Survey Services Owner If required .3 Geotechnical Services Owner If required .4 Space Schematics/Flow Diagrams ?,r hit.ect 2..2 .5 Existing Facilities Surveys .6 Economic Feasibility Studies -_1', .7 Site Analysis and Selection N.P._ .8 Environmental Studies and Reports -- N.P. .9 Owner -Supplied Data Coordination ---N.P. .10 Schedule Development and Monitoring Architect .11 Civil Design - _1rhite.ct.- Extra Service Followingthis table. .12 Landscape Design - --Architect, Following this table. Extra Service .13 Interior Design - _rciitect .14 Special Bidding or Negotiation _I'= .15 Value Analysis - 1\(.1). .16 Detailed Cost Estimating Architect AIA Document B141TM - 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AIA''' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may resul in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24.15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .17 On -Site Project Representation .'. .18 Construction Management -- . .19 Start-up Assistance NLP., .20 Record Drawings ---- -Architect -----Following this tabie_. .21 Post -Contract Evaluation N.P. .22 Tenant -Related Services N.P, — .23 .24 .25 Description of Services. 2.8.3 11 Civil Engineering and Landscape Architectural services will be provided by the Architect as an extra service. The scope of these services will be determined as the project requirements are developed. 2.8.3.20 Record Drawings will be provided as part of the basic services in the form of marked up drawings provided by the contractor during the course of construction. The Architect will convert these mark-ups into electronic format as an extra service at their standard hourly rates. (Insert descriptions of the services designated.) ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services. Design and Contract Administration, if any, are as follows: By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: April 01, 2005 OW rgnature) I i4 -fl . 2 g 'Tr, I C.1.-1- � (Printed name and title) her M. Brockway, Principal (Printed name and title) CITY CONTRAC r NO. .7-00 7"11 RESOLUTION NO: ✓C -')Up AIA Document B141 TM -1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA`'° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24:15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) Additions and Deletions Report for AIA Document B141 T M —1997 Part 2 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:24.15 on 03/22/2005. PAGE 8 .1 up to Two (2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Twenty-four ( 24 ) visits to the site by the Architect over the duration of the Project during construction. .3 up to Two (2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to Two ( 2 ) inspections for any portion of the Work to determine final completion. PAGE 9 2.8.3.11 Civil Engineering and Landscape Architectural services will be provided by the Architect as an extra service. The scope of these services will be determined as the project requirements are developed. 2.8.3.20 Record Drawings will be provided as part of the basic services in the form of marked up drawings provided by the contractor during the course of construction. The Architect will convert these mark-ups into electronic format as an extra service at their standard hourly rates. By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: April 01, 2005 Sherlyn M. Brockway, Principal Additions and Deletions Report for AIA Document B141 TH —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:24 15 on 03/22/2005 under Order No.1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Sherlyn M. Brockway, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:24:15 on 03/22/2005 under Order No. 1000167046_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B 141TM — 1997 Part 2 - Standard Form of Architect's Services: Design and Contract Administration, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signd) (Title) eh45- (Dated) AIA Document D401 TM — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlA`' Docurnent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document. or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 14:2415 on 03/22/2005 under Order No. 1000167046_1 which expires on 3/11/2006, and is not for resale. User Notes: (3886837748) 2005 MAJOR POLICY ISSUES / SUPPLEMENTAL BUDGET REQUESTS DEPARTMENT: Fire DIVISION: Operations POLICY ISSUE TITLE: Renovation and Addition to Fire Station #92, 7707 Tieton Drive - - Unbudgeted 1. Proposal -- Fire Station #92 is currently staffed by both the City of Yakima and West Valley Fire District #12. Station 92, located at 7707 Tieton Drive is 30 years old and was not built or intended to accommodate (9) 24-hour City of Yakima firefighters and (30) West Valley Volunteer Firefighters. Co -location of both agencies has created a severe overcrowding and occupational use problem. City of Yakima Fire Department needs accommodations for 24-hour staffing and West Valley needs space to conduct their drills and classroom participation for their volunteers. This proposal is a request to remodel facilities to accommodate current utilization by adding approximately 2400 square feet and upgrading the current structure to meet requirements of urban fire service. This facility is strategically located to properly provide a base for acceptable emergency response. The location becomes even more appropriate as future annexations come to realization. Co -utilization of facilities by the City of Yakima and West Valley Fire District # 12 is contingent upon an inter -local agreement of co -location and the annexation division of assets. It is anticipated that there will be a transfer of title to the City of Yakima, or at least a date of future title transfer established through the current transfer of assets process prior to proceeding with this project. 2. a. Fiscal Impact -- $610,000 Fire Capital Fund. b. Proposed Funding Source — Fire Capital Fund: This project will be financed by a draw from the City's existing "Line of Credit" that will be repaid from General Fund resources over five (5) years plus a percentage contribution from the West Valley Fire District, this being one of the subjects currently being discussed in the context of transfer of assets negotiations. c. Public Impact — Provides citizens of this area with a facility that will be functional as a cooperative regional response base for emergency service responders and equipment. It is financially efficient to utilize this facility for cooperative use by both Fire Departments. Citizens benefit from the cost savings and demonstration of regional cooperation. d. Personnel Impact - This project will provide a facility that will be appropriate for 24- hour staffing that will be in compliance with applicable standards and laws strategically located for emergency response and service to the citizens of this area. An appropriately designed facility will accommodate the dual use of the station for both the City and the West Valley Fire Department co -located staff, thus reducing conflict of space usage and limiting potential negative aspects of co -location. e. Required Changes in City Regulations or Policies -- N/A. f. Legal Constraints, if applicable -- Possibly subject to negotiations with West Valley Fire District, as they currently hold title to the facility. g. Viable Alternatives - Seek alternate location and construct a new station --projected costs would double. This alternative is not financially feasible at this time. 3. Conclusion and/or Staff Recommendation -- Staff recommends approval of this policy issue. INFORMATION FOR STATION 92 ADDITION The fire station located at 7707 Tieton Drive was constructed between 1972 and 1974, intended for utilization by the volunteer force of the West Valley Fire Department. It was not designed or intended for occupancy by paid fulltime fire crews in addition to the existing volunteer force. The simply is not enough space. The Yakima Fire Department moved into this station on June 1st, 2004 and collocated with West Valley Fire Department personnel. Some minor renovations and improvements were made immediately to ease the transition to full time occupancy, however, the addition approved as a 2005 Major Policy Issue, is necessary at this time. The City will engage the architect to develop plans for the new addition to include legally required and safety mandated features and facilities that are expected to be housed within a 2400 to 3000 square foot addition. Areas that will be addressed in the design and architectural development process with representation from the City and the Fire District are as follows: • Male and female restroom and shower facilities • Gender sensitive crew quarters • Kitchen, dining, training room • Aerobics/Fitness Room • Laundry and Decontamination area • Nederman vehicle exhaust system for apparatus area • Library, Study, Office areas • Turnout/Protective Clothing Area • Shop/workbench area • EMS Equipment and Station Supplies storage area • Investigate requirement for Fire Sprinkler System • Energy efficiency improvements to existing areas Male and female restroom and shower facilities The current facility has a substandard ladies restroom and no shower facilities. The men's restroom is function, however it needs to be updated. New restroom facilities for men and women will be included in the addition. Gender sensitive crew quarters Crewmembers are currently utilizing a single room using office dividers for minimal privacy. This arrangement is not suited for the privacy needs regarding gender sensitivity. The addition will provide four private rooms and will meet the current WAC (Washington Administrative Code) standards for Firefighter Safety. WAC 296-305- 06507. 7/28/2005 scottSta92 Kitchen, dining, training room The kitchen area in the current facility is appropriate for coffee/snack service and training room needs and to accommodate the needs of the West Valley Fire Department. The addition will include a kitchen, dining and clubroom area. The kitchen will have alarm activated service disconnects for cooking appliances as required by WAC 296-305- 06503. Aerobics/Fitness Room The current crew quarters will be adapted to be used as the Aerobics/Fitness room. This will free up the training area in the existing station. Laundry and Decontamination area Decontamination areas are required by WAC and must be away from living, sleeping, kitchen and personal hygiene areas. The addition will provide for this and routine laundry facilities for common usage. Nederman vehicle exhaust system for apparatus area A Nederman is a vehicle exhaust fan system designed to remove products of combustion to the exterior of the building, a WAC 296-305-06511 requirement. Existing equipment will be adapted for the apparatus floor area. Library, Study, Office areas These are areas that will be included in the addition to provide appropriate space for promotional and probationary study and workstations for report writing and record keeping. Turnout/Protective Clothing Area To maintain orderly and health storage of protective clothing, specific areas are required to prevent contamination from fire debris and other contaminates. This will be addressed during the addition process. Shop/workbench area The existing work area will be relocated to provide access portals to the addition. A shop area will be accessible from the apparatus bay. EMS Equipment and Station Supplies storage area Storage areas for these items will be provided for in the addition process. Investigate requirement for Fire Sprinkler System Part or all of the structure and new addition may require a Fire Sprinkler System depending on finalized plans. This will be investigated throughout the process. Energy efficiency improvements to existing areas Existing windows will be replaced to improve the energy efficiency and safety of the facility. Exterior windows are poor insulators and interior windows between the apparatus floor and crew area are not to current safety standards. Emergency station 7/28/2005scottSta92 backup generator will be considered for WAC compliance of independent emergency power supply if indicated in remodel/addition process. 7/28/2005scottSta92 .......111111111113011111 3 011111.011M0 7 8 KEYNOTE LEGEND !eats.. 'M1majohli qr Arg11\ 4. Aii 4x xx F . ZW U ggti 0 E-. ss O ti dp, �� m > Ix -- a<4 r , GM �_ .a L 1**.041 i i L DESIGN DEVELOPMENT SET NOT FOR CONSTRUCTION W bill �.], {S ' bk HOSE TONER Ir•l srORASE XI „ , i._ OFFICE Lr ! , I t70C gTGI8N K/ 1 1 - n O0 y w OQ lr+ ill AREA 'P ❑ a \ � - OPEN AREAOFFICE - — = r•� STORabE -+ MEG{ — FIRE CHIEF USTORAGE GENERAL NOTES IMIIIIIMMMIIIIIIMMIllirl"...... _1 li \\\ //// a �e �u� e, mnit PPWECT NO. al/ 1 O0 FILE NO. 11,100DR1DN D D A O. E. 10' OO' MOWN Sy CHECKED BY DATE 10/10/01 PEViSDN SCALE , AS SHOWN Al FLOOR PLAN ® SHEET NO. A100 1/4-=1.-0- mimic 1 2 1 3 1 4 1 5 8 7 _1 8 1 9 1 10 1 11 L,12 1 13 f 14 [ 15 1 18 _1 17 1 18 1 19 1 20 21 1 22 1 23 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of August 2, 2005 ITEM TITLE: Architectural Services Agreement with Brockway Opfer Raab Architecture for Fire Station No. 92 Addition. (7707 Tieton Dr.) SUBMITTED BY: Fire Department - Dennis Mayo, Fire Chief CONTACT PERSON/ TELEPHONE: Steve Scott, Deputy Fire Chief, 575-6165 SUMMARY EXPLANATION: The Fire Department respectfully requests City Council approval of a Resolution authorizing the City Manager to execute the attached architectural services agreement with Brockway Opfer Raab Architecture for design of the addition to the recently transferred Fire Station No. 92, 7707 Tieton Drive. Station 92 was received as part of the West Valley Fire Department Asset Transfer Agreement. Once executed, Brockway Opfer Raab Architecture will begin the design phase in coordination with the Fire Department Administration, Fire Fighters and sub -consultants. The Architect will carry the contract through public bid and award and construction. The attached contract is for an amount not to exceed S45,000. Resolution X Ordinance Contract X Other (Specify) Funding Source 2005 Policy Issue -PI 48 & 49, Fire Capital Funds APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached Resolution authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with Brockway Opfer Raab Architecture for remodel of Fire Station 92, 7707 Tieton Drive. BOARD/ COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-115 July 28, 2005 January 3, 2006 B ROCK WAY • OP FE R • RAAB ARCHITECTURE, P.L.L.C. Mr. Steve Scott, Deputy Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 RE: Station No. 92 Additions Brockway • Opfer • Raab • Architecture is pleased to submit the following extra service fee proposal for a civil engineering services for the Station No. 92 property at 7707 Tieton Drive. We propose a basic fee of $1,430 for services to be provided by Huibregtse, Louman Associates through our agreement with the City of Yakima signed August 4, 2005. We are very pleased to have the opportunity to continue providing services for the Yakima Fire Department. It is very important to us to work within your budget restraints and to propose fees that are manageable. If the above fee proposal meets with your approval please have both copies signed and return one copy to this office. Best regards, Brockway • Opfer • Raab • Architecture, P.L.L.C. erlyn M. Brockway Accepted by: City of Yakima By: Dick Zais, City Manager Attest: A #0419 City Clerk Date: Date: l /5-/p 6 1320 N. 16TH AVENUE Sum C YAK11v1A, WASHINGTON 98902 (509) 454-3299 FAX (509) 454-3254 Huibregtse, Louman Associates, Inc. CIVIL ENGINEERING • LAND SURVEYING • PLANNING RECEIVED JAN 0 3 2005 December 30, 2005 Brockway • Opfer • Raab Architecture 1320 North 16`h Avenue, Suite C Yakima, WA 98902 Attn: Will Lowman Re: City of Yakima Fire Department Fire Station No. 92 Addition 7707 Tieton Drive Dear Will: B a 0 • R .ARCHITECTURE PLLC Proposal and Agreement for Professional Services William L Huibregtse, PE Jeffrey T. Louman, PE Theodore W. Pooler, PE Dennis J.Whitcher, PE Eric T. Herzog, PLS Michael T. Battle, PE Terry D.Alapeteri, PE Daniel L. Hesse, PE Gene W Soules, PE Huibregtse, Louman Associates, Inc. (HLA), is pleased to respond to your request for professional engineer- ing and surveying services for the above referenced project. HLA proposes to provide the services as described on Exhibit "A", attached, on an hourly basis with a not to exceed amount of $1,300.00. Should you accept this proposal, please sign below, initial the attached General Conditions, and return one executed copy to our office. This letter and all attachments will serve as the Agreement for this project. HLA agrees to perform the above described services following your authorization of this Agreement and to diligently pursue the project and make every effort to finish all items in a timely manner following receipt of your written authorization. Thank you for the opportunity to provide professional engineering services for this project. We are prepared to begin work upon authorization to proceed. Very tryily yours, William L. Huibregtse, PE WLH/jc Enclosure ACCEPTED BY CLIENT: Brockway • Opfer • Raab Architecture G:UANIP ROPOSAL-JC-1 O\71.wpd 801 North 39th Avenue + Yakima,WA 98902 + (509) 966-7000 •h FAX (509) 965-3800 EXHIBIT A Basic Services Scope of Work During the term of this Agreement, Huibregtse, Louman Associates, Inc. (HLA), shall perform professional services in connection with the following project: City of Yakima Fire Department Fire Station No. 92 Addition 7707 Tieton Drive This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as described in the following EXHIBIT "A", Basic Services Scope of Work. We have based this scope of services upon your email of December 29, 2005, and preliminary drawings which we received on December 29, 2005. Design and Construction Documents 1. Review and red -line site grading plan prepared by BOR Architecture. 2. Perform storm water runoff calculations for submission to City of Yakima. 3. Review and size required on-site storm drainage structures. 4. Review and red -line BOR Architecutre drawings for relocation of existing fire hydrant. 5. Review and red -line BOR Architecture drawings for new sanitary sewer connection. 6. BOR Architecture will make the red -line corrections to the architectural plans. HLA will review the final plans for the above revisions. This proposal does not include engineering or surveying for site grading or parking lot modifications, off-site improvements, site lighting, landscaping, on-site irrigation systems for landscaping, on-site gas distribution system, fencing, electrical power, telephone, cable television, materials testing during construction, geotechnical investigations, percolation testing, or design of facilities or improvements resulting from subsequent agency reviews. Additional engineering or surveying services which you request, such as attendance at meetings with the City of Yakima or the Yakima Fire Department or other agencies, services during bidding, submittal review, consultation during construction, or construction observation, will be billed at our normal hourly billing rates in effect at the time of service as described in the General Conditions of the Agreement as Additional Services. A copy of our hourly billing rates effective through December 31, 2006, is attached as Exhibit B. Initial: CLIENT: HLA: W 4,EI— G:\JAN\P ROPOSALJC-10\71.wpd Huibregtse, Louman Associates, Inc. Initial: CLIENT. EXHIBIT B Schedule of Hourly Billing Rates Effective January 1, 2006, through December 31, 2006 Principal Engineer $131.00 per hour Licensed Professional Engineer $109.00 per hour Licensed Professional Land Surveyor $100.00 per hour Project Engineer $91.00 per hour CAD Technician $79.00 per hour Resident Engineer/Inspector $75.00 per hour Surveyor $75.00 per hour Senior Engineering Technician $60.00 per hour Engineering Technician $53.00 per hour Word Processing Technician $53.00 per hour Two Man Survey Party $145.00 per hour Three Man Survey Party $188.00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour HLA: W is d- G:\JAN\PROPOSAL-JC-10\71.wpd Huibregtse, Louman Associates, Inc. Page 1 of 3 HUIBREGTSE, LOUMAN ASSOCIATES, INC. (HLA) General Conditions of Agreement PLEASE READ CAREFULLY Time Period for Performance of Services HLA will perform its services in a diligent manner to completion. HLA will not be responsible for delays caused by factors beyond HLA's control or which could not readily have been foreseen at the time of execution of this Agreement. In the event of delinquency in any payment due HLA under the terms of this Agreement, HLA may suspend all services until all payment delinquencies have been remedied. Additional Services Client and HLA agree that not all work to be performed by HLA can be defined in detail at the time of execution of this Agreement. Additional work related to the project or modifications to the scope of work may be required or appropriate during the term of engagement. Client may, at any time, by written order, direct HLA to revise or modify portions of the project work or request that HLA perform additional work beyond the scope of work covered in the Basic Services, Exhibit A. Such changes shall be referred to as "Additional Services." Additional engineering or surveying services as described above, and including, but not limited to, consultation during construction, construction staking, construction observation, and record drawing preparation, will be billed at our normal hourly billing rates in effect at the time of service. Billings Monthly billings will be made as work progresses, and a final billing made at the completion of work. Payment will be due within 30 days of the date of billing. A service charge of 1.25% per month will be applied to the unpaid balance commencing 30 days from the date of billing. Opinions of Cost Any opinions or estimates of cost (including probable construction cost) are made on the basis of experience and in the exercise of HLA's best judgment as a professional generally familiar with the industry. However, since HLA has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, HLA cannot and does not guarantee or warrant that proposals, bids, or actual construction costs will not vary from opinions or estimates of cost prepared by HLA. Standard of Performance The standard of care for all professional engineering and surveying and related services provided by HLA under this Agreement will be the care and skill ordinarily used by members of HLA's profession practicing under similar circumstances at the same time and in the same locality. HLA makes no other warranties, express or implied, under this Agreement or otherwise, in connection with the provision of such professional services. Construction and Safety During the Construction Phase, HLA shall not supervise, direct, or have control over Contractor's or construction work, nor shall HLA have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Owners or Contractors, for safety precautions and programs incident to construction work, nor for any failure of Owner or Contractors to comply with any laws and regulations applicable to the project or provision of work and/or materials for the project. HLA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to fumish and perform the work in accordance with the contract documents. HLA shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of their agents or employees, or any other persons (except HLA's employees) at the site or otherwise furnishing or performing any services on or for the benefit of the project; or for any decision, interpretation, or clarifications of the contract documents except as provided by HLA following consultation and full disclosure of facts and circumstances. The General Conditions for any construction contract documents prepared hereunder are to be the latest edition of the "Standard Specifications for Road, Bridge, and Municipal Construction," as published by the Washington State Department of Transportation and the American Public Works Association, unless both parties mutually agree to use other General Conditions. G:\JAN\PRO POSAL-JC-10\71.wpd re b Hui gtse, Loumansociates, Inc. s Page 2 of 3 Limit of Professional Liability To the fullest extent permitted by law, Client and HLA agree that (1) Client waives any claim, cause of action or right against HLA and its employees, officers, directors, agents, insurers, partners, and consultants for special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the project or services provided by HLA, and (2) agree that HLA's total liability to Client for any claim, cause of action or right (including, but not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty) shall not exceed the total compensation received by HLA under this Agreement. Insurance HLA maintains insurance as described below. A certificate of insurance will be provided to Client upon request in writing. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented, and hired cars. Statutory worker's compensation and employer's liability insurance as required by State law Professional liability insurance. Use of Documents All reports, field data, field notes, calculations, opinions of probable construction costs, design documents, specifications, and other documents prepared by HLA under this Agreement are instruments of service and HLA shall retain an ownership and property interest (including the copyright and the right of reuse) in such documents whether or not the project is completed. Files in electronic format that are furnished by HLA to Client, or to others as directed by Client, are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's risk. When transferring documents in electronic media format, HLA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware. Copies of documents that may be relied upon by Client are limited to those printed copies (also known as hard copies) that are sealed and signed by HLA. If there is a discrepancy between the electronic files and printed copies, the printed copies with seal and signature govem. Design without Construction Phase Services Should Client provide Construction Phase services with either Client's representatives or a third party, HLA's services under this Agreement will be considered completed upon completion of the Final Design Phase or Bidding Phase as outlined in Exhibit A Scope of Services. It is understood and agreed that if HLA's services under this Agreement do not include construction staking, project observation, or review of the Contractor's performance, or any other Construction Phase services, and that such services will be provided by Client, the Client assumes all responsibility for interpretation of the contract documents and for construction observation or review and waives any claims against HIA that may be in any way connected thereto. Client's Responsibilities Client will provide HLA with all criteria and full information as to Client's requirements for the project including design objectives and constraints, space, capacity, performance requirements, budgetary limitations; copies of all design and construction standards which Client will require to be included in subsequent contract documents prepared by HLA; and any other information pertinent to the project including property descriptions, title reports, covenants, zoning, land use restrictions, boundary, easement, rights of way, and other special surveys or data. Client shall further advise HLA of any known or suspected site conditions, title defects or limitations, or other facts or conditions material to services provided by HLA and otherwise discoverable by Client in the exercise of due diligence. Clients shall provide for safe access to and make all provisions for HLA to enter upon public and private property as required to perform services under this Agreement. Examine all alternate solutions, studies, reports, sketches, drawings, plans, specifications, and other documents presented by HLA and render in writing timely decisions pertaining thereto. Furnish approvals and permits from all govemmental authorities and entities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. HLA may use and rely upon all information fumished by Client. Termination By Engineer: Upon seven days written notice if (1) HLA believes that HLA is being requested by Client to furnish or perform services contrary to HLA's responsibilities as a licensed professional; or (2) if HLA's services for the project are delayed or suspended for more than 90 days for reasons beyond HLA's control. HLA shall have no liability to Client on account of such termination. G:WAN\PROPOSAL-JC-10\71.wpd Huibregtse, Lowman Associates, inc. Page 3 of 3 For Convenience: Client may terminate this Agreement for its own convenience as follows: Client shall give written notice that it has chosen to terminate for convenience, which notice shall direct that HLA cease its performance as of a date specified in the notice. In the event of a termination for convenience, the client shall pay HLA, within ten days of receipt of an invoice therefor, for all proper charges up to the date of termination and any and all reasonable expenses or costs incurred as a result of the termination and any close-out costs. Close-out Costs: In the event the Agreement is terminated for the Clients convenience or due to no fault on the part of the Client, HLA reserves the right to complete such analysis and records as may be necessary to place its files in order and, where considered professionally advisable, to complete a report on work performed to date. A termination charge to defray the cost thereof, in an amount not to exceed ten (10) percent of all charges incurred up to the date of the termination of the services, may be made at the discretion of HLA. Dispute Resolution Mandatory Mediation: In the event of a dispute arising out of or related to this Agreement, or the breach or alleged breach thereof, which dispute cannot be resolved through negotiations between the parties, the parties agree that the dispute shall be submitted to non-binding mediation. Either party may make the initial submission. Each party shall pay its own costs (including, if applicable, its attomey and expert witness costs) and one-half of the charge levied by the mediation service and/or mediator. Litigation: If any dispute is not resolved through non-binding mediation, venue for litigation arising under or related to this Agreement, or the breach or alleged breach hereof, shall be in Yakima County, Washington, Superior Court. Arbitration: Nothing stated herein shall preclude the parties from later agreeing, by way of a document signed by both parties, to submit any such dispute to arbitration. Governing Law and Venue: The Agreement shall be governed by the intemal laws of the State of Washington. All matters of dispute resolution shall have venue in Yakima County, Washington. In the event that HLA retains an attorney or other agent for purposes of enforcing the terms of this Agreement (including payment of bills and expenses), Client agrees to pay all such reasonable attomey's fees and costs associated therewith including, but not limited to, filing fees, expert and witness fees, deposition and discovery costs, and all other costs and expenses reasonably incurred in the enforcement and/or prosecution of rights under this Agreement. Hazardous Environmental Conditions The parties acknowledge that HLA's scope of services does not include any services related to a Hazardous Environment Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials). If HLA or any other party encounters a Hazardous Environmental Condition, HLA may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until Client: (1) retains appropriate specialist consultants or contractor to identify and, as appropriate, abate, remediate, or remove the Hazardous Environment Condition; and (2) warrants that the site is in full compliance with applicable laws and regulations. Entire Agreement The Agreement, including these General Conditions, represents the entire and integrated Agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, representations and agreements, whether written or oral. Except as may be specifically provided herein, the Agreement shall not be modified or amended except by way of a written document signed by both HLA and the Client. Severability Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Client and HLA, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Initial: CLIENT. HLA: 4i G:\JAN\PROPOSAL-JC-10\71.wpd Huibregtse, Lowman Associates, Inc. January 4, 2006 TO: Dick Zais, City Manager FROM: Steve Scott, Deputy Chief / RE: Fire Station 92 Addition Civil Engineering Services Fee Approval RECEIVED CITY OF YAKIMA JAN 5 - 2.006 OFFICE OF CITY MANAGE! Please find attached one (1) original and one (1) copy of the fee proposal from Brockway, Opfer, Raab Architecture regarding civil engineering services performed by Huibregtse, Louman Associates for $1,430. This is substantially less than the budgeted amount for civil engineering services of $5,000. for a savings to the addition project budget of $3,570. $2,750 was expended on the site survey last month, that was not budgeted for, so we have a net savings at this point of $820. Please sign and date the original and the copy. Thank you JAN DEPT September 8, 2005 B ROCK WAY • OP FE R • RAAB A R C H I T E C T UR E, P.L. L.c. Mr. Steve Scott, Deputy Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 RE: Station No. 92 Additions Brockway • Opfer • Raab • Architecture is pleased to submit the following extra service fee proposal for a boundary and topographic survey of the Station No. 92 property at 7707 Tieton Drive. We propose a basic fee of $2,750 for services to be provided by Huibregtse, Louman Associates through our agreement with the City of Yakima signed August 4, 2005. We are very pleased to have the opportunity to continue providing services for the Yakima Fire Department. It is very important to us to work within your budget restraints and to propose fees that are manageable. If the above fee proposal meets with your approval please have both copies signed and return one copy to this office. Best regards, Brockway • Opfer • Raab • Architecture, P.L.L.C. Accepted by: City of Yakima By: Attest: #0419 Dick Zais, City Manager CITY CONTRAC r NO. .ate 7 7 RESOLUTION N0: 1320 N. 16TH AVENUE SUITE C YAKIMA, WASHINGTON 98902 (509) 454-3299 FAX (509) 454-3254 min ill ■; p=1741:-4901 ,�-111. ill IIL 4I September 8, 2005 B ROCK WAY • OP FE R • RAAB A R C H I T E C T UR E, P.L. L.c. Mr. Steve Scott, Deputy Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 RE: Station No. 92 Additions Brockway • Opfer • Raab • Architecture is pleased to submit the following extra service fee proposal for a boundary and topographic survey of the Station No. 92 property at 7707 Tieton Drive. We propose a basic fee of $2,750 for services to be provided by Huibregtse, Louman Associates through our agreement with the City of Yakima signed August 4, 2005. We are very pleased to have the opportunity to continue providing services for the Yakima Fire Department. It is very important to us to work within your budget restraints and to propose fees that are manageable. If the above fee proposal meets with your approval please have both copies signed and return one copy to this office. Best regards, Brockway • Opfer • Raab • Architecture, P.L.L.C. Accepted by: City of Yakima By: Attest: #0419 Dick Zais, City Manager CITY CONTRAC r NO. .ate 7 7 RESOLUTION N0: 1320 N. 16TH AVENUE SUITE C YAKIMA, WASHINGTON 98902 (509) 454-3299 FAX (509) 454-3254