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HomeMy WebLinkAboutR-1996-111 Addendum to an agreement / Wardell Architects• RESOLUTION NO. R-96-111 A RESOLUTION authorizing and directing the City Manager. and City Clerk of the City of Yakima to execute an addendum to the existing Professional Services agreement with Wardell Architects PS, an architectural firm, for the development City Hall mechanical and electrical systems analysis for City Hall, in the City of Yakima WHEREAS, the City of Yakima acknowledges the need to plan for efficient expenditures to provide necessary office space to perform the functions of the city WHEREAS, the Yakima City Council deems it to be m the best interest of the city that the attached amendment document be executed by the City of Yakima, accordingly, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Professional Services agreement addendum with Wardell Architects PS ADOPTED BY THE CITY COUNCIL this 20th day of August, 1996 Mayor Lynn Buchanan ATTEST: 110 g, 2 c City Clerk ?WARDELL Architects P.S. August 1, 1996 Fred French City of Yakima Engineering Department 129 North 2nd Street Yakima, WA 98901 Re City Hall Space Planning Study Project No 1052 04 Attachment "C" to Contract dated July 5, 1996 between the City of Yakima and Wardell Architects. Dear Fred Following on our letter of July 17, recommending the addition of limited mechanical and electrical consulting services to our planning study, we have met with Tom Gerard and Don Nielsen in Yakima. Mr Gerard, of Thomas J Gerard and Associates, has provided a scope of work for review of existing mechanical systems and recommendations of necessary steps to upgrade the systems His effort will not exceed a maximum cost of $4,000 00. His proposal is enclosed. Mr. Nielsen, of DEI Electrical Consultants, prepared a preliminary report based upon his review of appropriate documents and tour of the building. His report is enclosed. He proposes to furnish lighting and power analyses and recommendations for a not to exceed cost of $3,500 00 We anticipate asking both consultants to review planning schemes as they are developed for cost and logistics impacts relating to mechanical and electrical systems. Billing for each consultant would be on a time and expense basis not to exceed a combined mechanical and electrical total of $7,500.00 This would be considered additional services to be billed at 1 1 times actual invoice (total amount would therefore be $8,250 00), per Article 11 3 2 of our contract dated July 5, 1996 Our fees would not change, for a combined new not to exceed contract amount of $28,250 00 If the above meets with your approval, please sign and return one copy of this letter thereby increasing the basic compensation amount in Article 11.2 1 accordingly Si erey Robert A Principal ardell, AIA Approved by Dick Zais, City )Manager V 4 date Attest: (509) 453-3693 815 Larson Building 6 South 2nd Street, Yakima, WA 98901 Karen S. Roberts, CMC City Clerk W tEr (0-8s P.esauncNf NQ 3 -0 (o - i I THOMAS J. GERARD & ASSOCIATES, INC. MECHANICAL, ENGINEERING CONSULTANTS 280t NORTH MONROE July 29, 1996 Wardell Architects 815 Larson Building 6 South 2nd Street Yakima, WA 98901 • SPOKANE. WASHINGTON 99205.33$8 • (509) 328.2771 ▪ FAX (S09) 328-2927 ATTN: Bob Wardell Project: Yakima City Hall - Planning Study, Job #105204 Dear Mr. Wardell: We propose to perform the following services on the Yakima City Hall; 1. Do a complete heat loss and gain analysis of the various rooms of City Hall. 2. It is known that the air conditioning system serving City Hall is shy of the required capacity by at least 40%. We propose to perform an analysis to determine whether the air handling unit requirements on the first and second floor can be totally satisfied with the present air conditioning system. 3. Examine the ventilation rates throughout the complex as a method of determining the indoor air quality. 4. Determine the amount of air conditioning required to handle a remodel of the third and fourth floors which currently housed the police department and the jail. Determine the limitations of the air handling system serving this area to handle the remodel of this space, converting it to offices. 5. Examine the heating system newly installed, including the three boilers and pumps as to the condition of the various pieces of equipment. Replace pumps as necessary. Examine hot water flows to the various parts of the building to determine its adequacy. 6. Examine the condition of the rest of the mechanical systems in the building with an eye to its capability to its serving assembly occupancies or other higher Load occupancies. 7. Be prepared to respond to questions about the needs of any remodels throughout the entire building. We propose to perform this study on an hourly basis with a maximum cost of 54,000. The study can be spread out over time as required by City Hall. If you have any questions or comments please feel free to call us. Very truly yours, THOMAS 3. GERARD & ASSOCIATES, INC. Thomas 3. Gerard, Q.E. THOMAS J. GERARD, P.E. • THOMAS R. GERARD. P.E. • JAMES 8. PICKEN. P.E. STAN UNO • DIETER W SINGER • WIUUAM E. tAPRATH August 1, 1996 Mr. Robert Wardell WARDELL ARCHI1ECTS 815' Larson Building 6 South Second Street Yakima, WA 98901 re: Pre -Remodel Study of the Yakima City Hall, Dear Bob, DEI Electrical Consultants, Inc. 926 West Sprague, Suite 680 Spokane, WA 99204 phone 509/747-5139 fax 509/623-1555 We propose to provide electrical engineering services for the Pre -Remodel Study of the Yakima City Hall ' on an hourly basis, not to exceed $3,500. i have listed our current hourly rates below for your information: Principal $75/hour . Senior Designer $55/hour Design Engineer $60/hour Designer $50/hour Chief Designer $60/hour CAD Drafting $35/hour Our understanding of this project incudes the following: ► Utility service requirements • Main power distribution/requirements • Standby power distribution/requirernents ► :Lighting We look forward to working on this project with. you. If this proposal meets with your approval please sign and return the enclosed copy of this letter to our office. Sincerely, DEI ELECTRICAL CONSULTANTS, INC. Richard J. Oenning Principal RJO/jm Enclosure W \CONTRACIIYAK-CHAL'. W RD Accepted for Wardell Architects F principals: STEPHEN H. HELMS, P.E. RICHARD. I.OENNING. YAKIMA CITY HALL REMODEL ELECTRICAL RECOIVIlVIENDATIONS All categories listed in order of priority, the first being the highest. All work in this building can be staged - by floor and by half floor. The main service will require a building outage. LIGHTING Current lighting consist of fluorescent and incandescent fixtures. The fluorescent fixtures are T-12 fixtures with magnetic ballasts. Most of these fixtures are surface mounted and are showing there age. The incandescent fixtures are used mainly in the upper 2 floors and in the basement. Most of these fixtures are surface mounted on the structural ceiling. RECOMMENDATION: Washington State Energy Code requires any remodel of this size to bring the lighting within the approved energy budget. This will require the replacement of all existing fluorescent fixtures with high efficiency fluorescent fixtures using T8 lamps and electronic ballasts. The upper two floors have incandescent lighting which can never meet energy code. Replacing all fixtures with T8 fixtures will provide better light distribution, as well as a substantial decrease in power consumption. Occupancy controls should also be incorporated to turn the lights out in little used areas. These controls can pay for themselves in a couple of years. Egress lighting should be added to certain areas of the building such as the basement. This is required for building exiting during power outages. This can be accomplished by including battery ballasts in a number of strategically located fixtures or feeding these fixtures from the standby power source. Electronic ballasts produce harmonic feedback that could disrupt computer equipment. Therefor surge suppression should be added to any panel that feeds both computers and lighting. The existing exit fixtures are incandescent and inefficient. There are a number of places in the building where exit signs should be added. The existing fixtures should be replaced with LED lamped fixtures. LED fixtures are very efficient using approximately 1/ 10th the power of the existing incandescent fixtures. The new lighting system should be installed in a new suspended T -bar ceiling. This will allow the use, of recessed troffer fixtures and will provide an area above the ceiling for mechanical and electrical devices. MAIN DISTRIBUTION The power to the building currently consists of (2) separate services: one for normal power and one for standby or uninterrupted power. The uninterrupted power service is a 200 amp 208Y/120 volt 3-phase service. The 12 month high demand on this service is 36 KW which translates to 100 amps. This leaves 50% spare service for computer power. This should be sufficient. The normal power service is a 208Y/120 volt 3-phase split service that feeds a 600 amp main distribution board and a panel originally designated as an x-ray room panel. The 12 month high demand on this service is 240 KW which translates to 666 amps. This indicates that the service is near maximum usage. RECOMMENDATION: According to utility records the main service is nearing maximum capacity. The change to T-8 lighting fixtures could reduce the demand for the building as much as 50KW reducing the amperage to about 520 amps. This doesn't allow for much additional load. According to the Mechanical Engineer, the building lacks about 40 % of the necessary air conditioning. This could easily overload the current service. The service should be replaced by a new 1200 amp main distribution board. This service should be located where the current main board sits. This change over will require at least a week of down time for the building. DISTRIBUTION PANELS Most of the existing breaker panels are original equipment installed at initial construction. The majority of the panels are 70 amp panels. These panels don't allow for much load. The breakers for these panels are reaching the end of their life expectancy. RECOMMENDATION: The existing breaker panels should be replaced with new 125 amp 42 space breaker panels. The new panels will need to have a custom cover as they will be smaller than the existing panels. The existing conduit system should be usable to feed the new panels. New feeder conductor will be needed to feed the new breaker panels. A new panel should be added to the first floor, second floor, and third floor. These panels should be fed by the standby power system and should feed designated computer receptacles only. New feeders and conduits must be added to feed these panels. RECEPTACLES Current receptacles are fed by both uninterrupted power and normal power. The originally installed receptacle are recess mounted. Many receptacles have been added as surface mounted devices. An in -floor distribution system has been used to provide power pedestals at individual desk locations. RECOMMENDATIONS: All surface mounted receptacles and conduit should be removed. The addition of receptacles should"be accomplished through the floor system where possible. New surface mounted devices will need to be added in some places. These devices should be fed by carefully installed surface conduit. If the T -bar ceiling is installed before the surface conduit is removed and unsightly notch will be left in the edge metal of the ceiling grid where each conduit was removed. The in -floor distribution system has been added to many times and has become a mess of used and un -used conductors. All unused conductor should be removed and all obsolete conductors should be replaced. All conductors should be tagged at each accessible location. BACKUP POWER A recently added 80 KW generator set provides standby power for the 200 amp service. A UPS provides power for this service during the generator start-up. RECOMMENDATION: The existing standby power system should remain as is. ESTIMATED COSTS OF RECOMMENDED WORK LIGHTING $ 75,000 MAIN DISTRIBUTION $ 35,000 DISTRIBUTION PANELS $ 27,210 RECEPTACLES $ 23,000 MISC., RECONNECTION $100,000 ENGINEERING FEES $ 12,000 TOTAL $272,210 B:\YAK-CITY.HAL BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT T Item No. For Meeting of August 20, 1996 ITEM TITLE: Consultant Services Contract for Space Planning, Addendum 1. SUBMITTED BY: Department. of Community and Economic Development CONTACT PERSON/ 1 ELEPHONE: SUMMARY EXPLANATION: Glenn Rice , Assistant City Manager 6123 Glenn Valenzuela, Director of Community and Economic Development / 575-6113, Fred French, City Engineer / 575-6096 The original agreement was approved by the City Council on July 2,1996 and included office space planning for 202 South Second Street, and for City Hall. This addendum will provide for vital information on the mechanical and electrical systems in the existing City Hall building and provide a complete priority listing of critical needs. (continued) Resolution XX Ordinance _ Contract XX Other (Specify) Funding Source 342 Public Works Trust / Capital Facilities APPROVED FOR SUBMI 1 IAL: City Manager STAFF RECOMMENDATION: Adopt the attached resolution authorizing the city manager and city clerk to sign the addendum to the consultant agreement for space planning. BOARD/COMMISSION RECOMMENDATION: COUNCIL AC1"ION: Resolution adopted. Resolution No. R-96-111 The original agreement with Wardell Architects P.S. was not to exceed $45,000. for the space planning. Wardell Architects P.S. have submitted a proposal to include the evaluation of the mechanical and electrical systems for an additional $8250. This will bring the total cost for both plans to not more than $53,250. This work was contemplated in the 1996 budget, and the study cost is budgeted for 1996 in the Public Works Trust / Capital Facilities Fund (342 A recent preliminary evaluation of the City Hall mechanical and electrical systems has indicated that a more complete professional evaluation is necessary to prioritize the needs. Several mechanical sub -systems are currently in need of maintenance; one of three hot water heating coils has several major leaks and is currently shut off. Another has one or two minor leaks. Spare circulating pumps are not available for three of the heating zones; the Heating Ventilating Air Conditioning control components are out of production. Electrical circuit breakers are out of production. When the next heating season arrives the system will not operate at full capacity. Shutting the heating off for repairs will be more problematic. The replacement coil must now be custom made because replacement parts are no longer made for this system. Replacement of the entire coil sub -system may be more cost effective than replacing one old coil at a time. Some critical electrical circuits for individual computers may be at risk from overload The electrical system was designed for much less utilization of electrical equipment, such as computers, copiers etc. and has not been substantially changed for many years. For instance, electrical circuits were taken from the old jail (3rd & 4th floor) to power the computer system in the basement. Other technologies have also placed different demands on the building systems. Comprehensive planning for electric power utilization for the entire building was last done in 1949. The sub -consultants will provide recommendations for these and other mechanical and electrical systems within City Hall. The opportunity to make the most efficient use of the vacated space and update building systems to accommodate the future will not be repeated for years to come. The space planning results and the building system needs should be combined into a single priority list. The implementation of the most critical items can be scheduled from the priority array. We recommend the addendum to the architectural agreement be executed to provide a single priority list of needs for City Hall . THE A MERIC A INSTITUTE ARCHITECTS AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the S Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Architect: (Name and address) Ninety -Six The City of Yakima 129 North 2nd Street Yakima, WA 98901 day of July Wardell Architects, P S. 815 Larson Building 6 South 2nd Street Yakima, WA 98901 For the following Project: (Include detailed description of Project, location, address and scope.) Space allocation plan for the Yakima City Hall and Yakima Police CCNU Office Space Improvements. The Owner and Architect agree as set forth below. in the year of Copyright 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N W., Washington, D C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B151-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11 5 1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Basic Services consist of those described under the three phases identified below, any other services identified in Article 12, and include normal structural, mechani- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.2 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents con- sisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Docu- ments consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost. 2.3.2 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. 2.3.3 Unless provided in Article 12, the Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.4 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.4.2 The Architect shall provide administration of the Con- tract for Construction 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. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance 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. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3 2 ) 2.4.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.4.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's obser- vations at the site as provided in Subparagraph 2 4 5 and on the AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B151-1987 2 data comprising the Contractor's Application for Payment, that the Work, to the best of the Architect's knowledge, informa- tion and belief, has progressed to the point indicated and that quality of the Work is in accordance with the Contract Docu- ments 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, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents 2.4.11 The Architect shall review and approve or take other appropriate action upon 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 The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3 1 and 3 3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. When making such inter- pretations 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 results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner or if included in Article 12, and they shall be paid for by the Owner as provided in this Agree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed Con- struction Cost estimates, quantity surveys, interior design, plan- ning of tenant or rental .;paces, invento ries of materials or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2 4 5 is required, such additional project representation shall be provided and paid for as set forth in Articles 11 and 12 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data. evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construc- tion Change Directives. ARTICLE 4 OWNER'S RESPONSIIBILITIES 4.1 The Owner shall provide full inforrnation, including a pro- gram which shall set forth the Owners objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser- vices of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner 4.5 The foregoing services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becornes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. 3 B151-1987 AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws arid is subject to legal prosecution. data comprising the Contractor's Application for Payment, that the Work, to the best of the Architect's knowledge, informa- tion and belief, has progressed to the point indicated and that quality of the Work is in accordance with the Contract Docu- ments. 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, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum. 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate action upon 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 The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3 1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. When making such inter- pretations 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 results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner or if included in Article 12, and •G they shall be paid for by the Owner as provided in this zgree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget ar:a!ysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coccdina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed: Con- struction Cost estimates, quantity surveys, interior design,. plan- ning of tenant or rental spaces, inventories of matenais or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site t^.an is described in Subparagraph 2 4 5 is required, such ads ional project representation shall be provided and paid for as set forth in Articles 11 and 12 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Constric- tion Change Directives. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pro- gram which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physica: char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser- vices of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical. air and water pollution tests. tests for hazardous materiae. and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may regz±e to verify- the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner 4.5 The foregoing services, information, surveys and resorts shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner ao the Architect if the Owner becomes aware of any fault or de�ect in the Project or nonconformance with the Contract Docu-"ents. 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. 3 B151-1987 AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA • 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, V.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost 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, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It is recognized 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. Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall. .1 give written approval of an increase in such fixed limit, .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8 3, or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4 4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these docu- ments and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question bet • -en the parties to this Agreement arising out of or relating to is Agree- ment or breach thereof shall be subject to and dec'.ed by arbi- tration in accordance with the Construction In. stry Arbitra- tion Rules of the American Arbitration Associa on currently in effect unless the parties mutually agree oth- • ise. No arbitra- tion arising out of or relating to this Agree nt shall include, by consolidation, joinder or in any other anner, an additional person or entity not a party to this Agrement, except by writ- ten consent containing a specific re ' rence to this Agreement signed by the Owner, Architect, an any other person or entity sought to be joined. Consent to <rbitration involving an addi- tional person or entity shall nit constitute consent to arbitra- tion of any claim, dispute •r other matter in question not described in the written nsent. The foregoing agreement to arbitrate and other agr ments to arbitrate with an additional person or entity dul consented to by the parties to this Agree- ment shall be spec ically enforceable in accordance with appli- cable law in an court having jurisdiction thereof. 7.2 In no e nt shall the demand for arbitration be made after the date •• en institution of legal or equitable proceedings based o such claim, dispute or other matter in question would be bared by the applicable statutes of limitations 7.3 he award rendered by the arbitrator or arbitrators shall be fi.al, and judgment may be entered upon it in accordance with pplicable law in any court having jurisdiction thereof ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B151-1987 4 fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. 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. 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 vvith Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 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 com- mence to run not later than either the date of Substantial Com- pletion 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. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 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, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or .Architect. 9.8 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 in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 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 con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for .1 expense of transportation and living expenses in con- nection with out-of-town travel authorized by the Owner; .2 long-distance communications, .3 fees paid for securing approval of authorities having jurisdiction over the Project, .4 reproductions; .5 postage and handling of Drawings and Specifications; . 6 expense of overtime work requiring higher than regu- lar rates, if authorized by the Owner, .7 renderings and models requested by the Owner; . 8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants, and .9 expense of computer-aided design and drafting equip- ment time when used in connection with the Project. 5 B151-1987 AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WAST-IINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. 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. 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. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 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 com- mence to run not later than either the date of Substantial Com- pletion 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. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 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, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the (Avner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 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 in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 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 con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for. .1 expense of transportation and living expenses in con- nection with out-of-town travel authorized by the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project, .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regu- lar rates, if authorized by the Owner; .7 renderings and models requested by the Owner, .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants, and .9 expense of computer-aided design and drafting equip- ment time when used in connection with the Project. 5 B151-1987 AIA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • ALAI' • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11 5 1 of this Agreement is exceeded or ex- tended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows. 11.1 AN INITIAL PAYMENT OF zero Dollars ($ 0 00 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows. (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary ) Fees for Basic Services shall be on a time and expense basis, not to exceed $20,000 00 for the City Hall Space Reallocation Plan and not to exceed $25,000.00 for the Yakima Police CCNU Office Space Improvements without prior written authorization from the City Manager, For Scope of Work covered by Basic Services and further explanation of fees see Attachment A and B 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) N/A Design Phase: Construction Documents Phase: Construction Phase: percent ( percent ( percent ( %) %) oda ) Total Basic Compensation. one hundred percent (100%) AIA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B151-1987 6 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows. On a time and expense basis. Billing Rates shall be as follows: Principals Professional Associates Technical Clerical $85.00 per hour $65 00 per hour $40 00 per hour $35 00 per hour Expenses shall be billed at 1.1 time actual invoice. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows. (Atserl basis of compensation. including rates and/or multiples o/ Direct Personnel Expense/br Principals and employees. and identify Principals and classify employees, if required Identify specific services to which particular methucLs ul compensation apply of necessary ) On a time and expense basis. Billing Rates shall be as follows: Principals Professional Associates Technical Clerical $85.00 per hour $65.00 per hour $40 00 per hour $35.00 per hour Expenses shall be billed at 1 1 time actual invoice 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering ser- vices and those provided under Article 3 or identified in Article 12 as part of Additional Services, a multiple of One and one-tenth ( 1 1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 1?. if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple ofOne and one-tenth( 1 1 ) times the expenses incurred by the Architect, the interest employees and consultants in the of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1121F THE BASIC SERVICES covered by this Agreement have not been completed within ( ) 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 Subparagraphs 10 3 3 and 11 3.2 11.5.2 Payments are die and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Sixty ( 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 (Insert rate of interest agreed upon.) Twelve 1.5% per month. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations al the Owner s and Archi- tect's principal places of business, the location o/ the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or mait'ers.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ADA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B151-1987 7 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terns included in this Agreement.) Supplementary Conditions: The following provisions are made a part of this Contract: Article 7. Delete in its entirety. 11.2 1 For further definition of Scope of Work refer to Attachment "A" City Hall Space Planning Study dated 6/25/96 and Attachment "B" CCNU Office Space Improvements dated 6/27/96. This Agreement entered into as of the day and year first written above OWNER ity of Yakima (Signature) Y1Ck Zais, City Manager ATTEST: (Printed name and title) City Clerk Avec f /"?.A.540,07- 7/5/96 (Printed name and title) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA© • ©1987 TIDE AMERICAN INSd', •. CHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WV CONTRACT NO: RESCt TTION NO: B151-1987 8 Printed on Recycled Paper Reprinted 11/93 ATTACHMENT "A" June 25, 1996 Fred French City of Yakima Engineering Department 129 North 2nd Street Yakima, WA 98901 Re: City Hall Space Planning Study Project No. 1052.04 Dear Fred We are pleased to provide the following description of work for the space reallocation plan for City Hall. This will be your plan, not ours. That is, we will work closely with building users to develop a plan that meets the City's needs and is compatible with existing building constraints. Space Reallocation Tasks 1. Review previous studies and obtain copies of building construction documents. 2. Utilize 1996 space reallocation information already obtained from Divisions. Collect same from Divisions that have not yet responded. 3 Verify above information by comparison with current office space standards considered "industry standard". 4 Interview Division and Department heads with emphasis on criteria for location within the building such as public contact and need for adjacency to other Divisions. At the conclusion of each interview, we will tour each space and verify existing furniture and equipment location and size. 5. Distribute brief (two pages maximum) questionnaires to all employees with emphasis on space needs for equipment (computers, printers, similar items) and conferencing as well as general information (lunch room, locker room use, others as developed) 6 Prepare several layout alternatives giving differing weights to criteria. o Best solution to required adjacencies o Best solution to public access o Least -cost solution(s) o Solution(s) utilizing former jail space o Solution(s) to City Council Chambers space needs. Our intent is to build on information you have already gathered and supplement it with interviews, questionnaires and our knowledge of standard practices in office planning. Task 5, Questionnaires, will be in an easy to answer "yes -no -multiple choice" format to ensure the largest percentage of return. We will develop questions with you for consistency, compatibility with existing employee bargaining requirements and to gain the broadest possible overview of employee F. French Letter 6/25/96 p 2 needs. Task 6, Layouts, will begin prior to completion of the previous tasks. We anticipate at least 3 or 4 review points during layout preparation with revisions based on review input. In addition we anticipate reviews with the City Manager and City Council as appropriate, specifically concerning Council Chambers as well as overall building space solutions Time We should allow 12 weeks to complete the process. We anticipate completing Tasks 1 through 5 during the first 4 to 6 weeks. Our goal is to hold all interviews during a single week with obvious exceptions for time conflicts. Deliverables o Draft and final submission of space and adjacency requirements for each Division. Copies of employee questionnaires along with a synopsis of findings will be included o Several drafts and final approved layout for entire building This will be a "schematic plan", not documents required for bidding and construction. o An explanation of methodology used to complete the space plan. o Projected costs and recommendations for plan implementation based on realistic budget and time constraints. o Brief, 2 page maximum, Executive Summary of the plan. We suggest a time and expense form of agreement with a maximum amount of $20,000 for the above described work. Expenses (reimbursibles) would include printing costs for multiple copies of the final space requirements/layout documents., a minor amount of time for our structural consultant, KPFF Consulting Engineers for the impact of wall removal and other potential concerns. We understand you are coordinating ongoing mechanical/electrical improvements separate from this effort. Long distance phone expenses and routine printing for interim reviews will not be charged as an expense. Should we reach consensus at an early stage of layout development, the remaining fee amount can be reallocated for further project needs. obert A. Wardell, AIA Principal ATTACHMENT "B" June 27, 1996 Captain Doug Bronson Yakima Police Department 200 South 3rd Street Yakima, WA 98901 Re. CCNU Office Space Improvements Project No 1052.03 Dear Doug We are pleased to provide the following scope of work for space improvements for the CCNU Office. Tasks include the following: Preliminary Design and Building Reconnaissance: 1. Review Department needs with Police and CCNU personnel. 2. Review existing building conditions, including investigation of existing mechanical and electrical systems, present building layout to determine structural support systems, and measuring of existing building. 3 Develop preliminary space layout options. 4. Review preliminary layouts with users Select layout to be developed further. 5. Develop preliminary estimate of probable construction cost. Please note that at this time we have completed tasks 1-3 and 5. Design Development 1. Based on the preliminary design agreed upon in step 4 above, further develop the layout in detail, including layouts of permanent fixtures such as casework, locations of plumbing, furniture layouts to assure usability of space 2. Develop "first passes" at necessary mechanical and electrical systems and upgrades. 3. Meet with users on a regular basis to discuss developing design and receive additional input. Choose and review all colors and materials with Owner. 4. Review design with City code officials to ensure compliance with applicable codes. 5 Develop more detailed estimate of probable construction cost. D. Bronson Letter 6/27/96 p. 2 Contract Documents 1 Prepare contract documents consisting of construction drawings and specifications based upon final approved design. 2 Prepare detailed estimate of probable construction cost. Bidding 1. Print and distribute documents to potential bidders. Answer bidding questions during the bidding period, conduct site walk-through, and issue addenda to the documents. 2 Review bids and make recommendation for acceptance. 3. Assist City in preparation of Construction Contract. Construction Administration 1. Conduct weekly meetings with contractor to review job progress, answer questions, settle issues which arise in the course of construction. Issue minutes of all meetings 2. Make decisions on changes to the project and document same. 3. Review and approve pay requests from the contractor Review and recommend items for change orders. 4. Conduct final inspections at project completion and recommend acceptance of the project. At this time we suggest a professional services agreement on a time and expense basis, not to exceed $25,000 Billing would be monthly, based on actual time spent. Reimbursibles (minimum electrical and structural consulting) would be billed at 1.1 times our cost. The maximum fee would include these consultants, but would not include printing costs for bid and construction documents. We would suggest use of a standard AIA Architect -Owner Agreement, with City modifications We are aware that funds are limited and will continue to work to minimize construction cost. Should the scope expand to include work in the entire building or other unforeseen conditions arise we would request renegotiating this agreement to coincide with additional work. Our goal will be to control costs throughout the project, including our fees. . Wardell, AIA President BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 6 For Meeting of July 2, 1996 ITEM TITLE: Consultant Services Contract for Space Planning. SUBMITTED BY: Police Department, and Department. of Community and Economic Development CONTACT PERSON/TELEPHONE: Captain Doug Bronson / 575-6199 Fred French, City Engineer / 575-6096 SUMMARY EXPLANATION: The building at 202 South Second Street was purchased with council approval in 1995 to house the Yakima City - County Narcotics Unit, including investigators, prosecutors support staff, the National Guard Counter -Drug Task Force and confiscated vehicles. This location, directly across 2nd Street from the Police Station/Legal Center , made the building highly desirable to house this operation. As discussed at the time of purchase, renovation will be required to prepare this building for occupancy as office space. (continued) Resolution XX Ordinance _ Contract XX Other (Specify) Funding Source 342 Public Works Trust / Capital Facilities APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the attached resolution authorizing the city manager and city clerk to sign the consultant agreement for space planning. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-96-88 The unit's personnel currently occupy offices vacated by the Police Department's Detective and Community Services Divisions located on the second floor of City Hall. Since the future use of the existing space is contingent upon the relocation of the narcotics unit, this remodeling project is a critical element of the City Hall space utilization study. The vacated police area in city hall should be utilized for the remaining City Hall tasks in the most efficient way possible. City Hall space has not been substantially changed for many years. The staff has expanded over the years and some staff has been housed in remote locations. Technology has also placed different demands on the building systems. The opportunity to make the most efficient use of the vacated space and update building systems to accommodate the future will not be repeated for years to come. The City Hall study will help us to be more functionally responsive to the public and other customers by planning the departmental locations and space allocation for the entire building. Additional staff is not contemplated with this study, however, space for expansion will be programmed into a plan for future implementation. Wardell Architects P.S. have been selected from the consultant roster to perform these two tasks. This work was contemplated in the 1996 budget, and the study cost is budgeted for 1996 in the Public Works Trust / Capital Facilities Fund (342). The cost is estimated to not exceed $45,000 for both plans.