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R-1999-039 AGREEMENT FOR IMPROVEMENTS TO SLEEPING QUARTERS OF FIRE STATION NO. 1, 401 NORTH FRONT STREEET.
RESOLUTION NO. R-99-2 9 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with Davis Opfer Raab Architecture, P.L.L.C., to develop specifications for and oversee construction activities regarding certain improvements to the sleeping quarters of Fire Station No. 1, 401 North Front Street, Yakima, Washington. WHEREAS, the City desires that certain improvements be performed regarding the sleeping quarters of the Fire Station No. 1, 401 North Front Street, Yakima, Washington; and WHEREAS, the City requires professional architectural services to develop specifications for and oversee construction activities regarding said improvements; and h WHEREAS, the City does not have the staffing levels or specialized expertise necessary to provide said architectural services; and WHEREAS, Davis Opfer Raab Architecture, P.L.L.C., has the experience and expertise necessary to provide said architectural services and is willing to provide such services in accordance iwith 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 enter into an agreement with Davis Opfer Raab Architecture, P.L.L.C., for professional architectural services in accordance with the terms and conditions of the attached agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima are hereby authorized and directed to execute the attached and incorporated agreement with Davis Opfer Raab Architecture, P.L.L.C., to develop specifications for and oversee construction activities regarding certain improvements to the sleeping quarters of Fire Station No. 1, 401 North Front Street, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 6th day of April, 1999. ATTEST: City Clerk (1k)res/architect/fire sta #1/fire dept .pm John Puccinelli, Mayor March 24, 1999 DAVIS • OPFER • RAAB AR C H I T E C T U R E Mr. Gene Martin, Deputy Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 Dear Gene, RE: Fire Station No. 1, Phase I, Alterations In response to the City's request that the fee percentage for the project be reduced to 10% of the estimated construction cost of $47,000, which is $4,700, I propose the following scope of services in order to help accommodate this reduced fee. Davis • Opfer • Raab • Architecture will provide services, including mechanical and electrical engineering, for the production of Construction Documents for the proposed alterations based on the design developed during the Study Phase. Our firm will administers the Bid Phase and aid the Fire Department in the preparation of the construction contract. We will provide construction administration services limited to the review of shop drawings, reasonable assistance to the contractor during construction, two site visits and the preparation of a punch list. The Fire Department staff will be required to perform the follow up review of the punch list and work with the Contractor to attain Operations and Maintenance Manuals and close out the project. In the event that the Fire Department or City wishes to change the design in any significant way or desires additional construction administration services the fee will need to be increased accordingly. Our Hourly Rates Schedule is attached to the agreement and can be used as a basis for calculating any anticipated fee increases. Based on our past experience on similar projects and in particular on our experience working with the Fire Department, this fee will not allow us enough hours on the project to provide the type of service to which the Department is accustomed. It will take careful effort on the part of both this office and the Department to complete this project in an efficient manner. Please call if you have any questions or require further information. Best regards, Davis •Opfer • Raab • Architecture, P.L.L.C. #9812 yn M. Davis 811 SuMMrrvIEw AVENUE SurrE 2 YAIUMA, WASHINGTON 98902 (509) 454-3299 FAX (509) 454-3254 1997 EDITION AIA DOCUMENT B141-1997 alStandard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services AGREEMENT made as of the thirtieth in the year Nineteen Hundred and Ninety-nine. (In words, indicate day, month and, year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Yakima Fire Department 401 North Front Street Yakima, WA 98901 and the Architect (Name, address and other information) Davis • Opfer • Raab Architecture, P.L.L.C. 811 Surrmitview Avenue, Suite 2 Yakima, WA 98902 day of March Forthe following Project: (Include detailed description of Project) Architectural and Engineering design services for Phase I, Sleeping Quarters Alterations at Fire Station No, 1. The Owner and Architect agree as follows. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of Architects. 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 subject the violator to legal prosecu- tion.. WARNING: Unikensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 13 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION MINIM 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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 (Identify or describe, if appropriate, proposed use or goals.) To convert existing dorm sleeping and storage space into individual sleeping roans. 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 north portion of the existing Fire Statim No. 1 at 401 N. Front Street. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The program/conceptual design was developed during a study conducted by Davis • Opfer • Raab • Architecture in 1998. 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.) N/A 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: '$60,000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $47 ,000 .00 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone 'dates, durations or fast track scheduling.) Canpletion of project design, develognent of construction documents, bidding, and construction, prior to the end of 1999. 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.) Caipetitive Bid. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) N/A WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. ®1997 AIA' AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.1.3 PROJECT TEAM 1.13.1 The Owner's Designated Representative is: (List name, address and other information.) Gene Martin, Deputy Chief Martin Buehler, Battalion Chief Station No. 1 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 inforination.) Al Gillespie, Chief 1.1.33 The Owner's other consultants and contractors are: (List discipline and, if known. identify them by name and address.) N/A 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Sherlyn M. Davis Davis • Opfer • Raab • Architecture 1.13.5 The consultants retained at the Architect's expense are (List discipline and. if known. identify them by name and address.) Riley Engineering, Inc. N. 1501 Howard Spokane, WA 99201 Mechanical and Electrical Engineering, 1.1.4 Other important initial information is: N/A ,Atwood Hinzman, Inc. Fast 1819 Springfield Spokane, WA 99202 Structural Engineering 1.15 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 A2o1 current as of the date of this Agreement, or as follows: 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 Paragraph 1.3.3. • WARNING: Unhcensad photocopying violates US. copyright laws and will subject the violator to legal prosecution. 0 01997 MAO AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.0 20006-5292 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 Paragraph 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 Paragraph 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 ori 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 14 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 Subparagraph 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. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 0 @1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 1 ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.23.3 The Architect's Designated Representative identified in Paragraph 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 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. 1.23.7 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 13.1.1 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. 1.3.13 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 sole- ly 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 wAPN!N( unlicensed nhotocoovino violates U.S. coovrioht laws and will subject the violator to legal prosecution. 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 andi'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 1'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 iadditions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 13.23 Except for the licenses granted in Subparagraph 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 Subparagraph 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 I'not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not 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 ofl 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 Subparagraph 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 promptwritten 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 Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 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 qr 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; WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 entity not named or described therein. The foregoing agreement to arbitrate and to arbitrate with an additional person or entity duly consented shall be specifically enforceable in accordance with a thereof. greements es to this Agreement e aw in any court having jurisdiction 13.5.5 The . :. rendered by the arbitrator or arbitrators shall be final, and judgment may be • in question arising out of or relating to this Ag limitation, to all conse • ue Agreement .. • aiver is applicable, without to either party's termination in accordance with 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 Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.73 Causes of action between the parties to this Agreement pertaining to acts oc.failures toact 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 ofissuance 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. 13.7.4 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 A2o1, 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. 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. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 i 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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 The me schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project 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. 13.8.4 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. 13.8.5 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. 13.8.6 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 include expenses directly attributable to termination • i c ttect is not otherwise compensated, plus an am 11 1 ect s anticipated profit on the value of the services not WARNING: Unlicensed photocopying violates U.5. copyright laws and will sublect the violator to legal prosecution. 1.3.9 PAYMENTS TO THE ARCHITECT 13.9.1 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; .s 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 Paragraph 1.5.5; .8 other similar direct; Project -related expenditures. 13.93 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 B141-1997. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) 1.4.13 Other documents as follows: (List other documents, if any, forming part of the Agreement.) N/A WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal peosecutlon. 1-10 ®1997 AIA® AIA DOCUMENT 5141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: N/A ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: A stipulated sum of: ---Four Thousand Seven Hundred and no/100---(S4,700.00) See Exhibit "A" - Fee Proposal Letter dated March 24, 1999 1.5.2 If the services of the 'Architect are changed as described in Subparagraph 1.3.3.i, 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 Paragraph 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 partic- ular methods of compensation apply.) See Exhibit "B" - Hourly Rates Schedule. 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 (1.1 ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and one tenth ( 1.1 ) 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: WARNING: Unlicensed photocopying vblates US. copyright laws and will subject the violator to legal prosecution. 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.5.7 An initial payment of No Dollars (s -0- ) 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. Amounts unpaid thirty ( 30 ) 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.) 1.0 percent per month. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners antiArchiteas priicipal 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 twelve ( 12 ) 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 Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. OW N E R (Signature) Dick Zais �At�tQe�st�: ,4 ARCHITECT (Signature) Tager ,4. (Printed name and title) Rube irty 1` a Sherlyn M. Davis. Principal (Printed name and title) CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. COY CONTRACT Mt. tesounWN GO: 91;17.. _,.M,.+ NM ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 March 24, 1999 EXHIBIT "A" DAVIS • OPFER • RAAB ARCH I. TECTURE Mr. Gene Martin, Deputy Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 RE: Fire Station No. 1, Phase I, Alterations Dear Gene, In response to the City's request that the fee percentage for the project be reduced to 10% of the estimated construction cost of $47,000, which is $4,700, I propose the following scope of services in order to help accommodate this reduced fee. Davis • Opfer • Raab • Architecture will provide services, including mechanical and electrical engineering, for the production of Construction Documents for the proposed alterations based on the design developed during the Study Phase. Our firm will administer the Bid Phase and aid the Fire Department in the preparation of the construction contract. We will provide construction administration services limited to the review of shop drawings, reasonable assistance to the contractor during construction, two site visits and the preparation of a punch list. The Fire Department staff will be required to perform the follow up review of the punch list and work with the Contractor to attain Operations and Maintenance Manuals and close out the project. In the event that the Fire Department or City wishes to change the design in any significant way or desires additional construction administration services the fee will need to be increased accordingly. Our Hourly Rates Schedule is attached to the agreement and can be used as a basis for calculating any anticipated fee increases. Based on our past experience on similar projects and in particular on our experience working with the Fire. Department, this fee will not allow us enough hours on the project to provide the type of service to which the Department is accustomed_ It will take careful effort on the part of both this office and the Department to complete this project in an efficient manner. Please call if you have any questions orr require further information. Best regards, Davis • Opfer • Raab •Architecture, P.L.L.C.. Sherlyn M. Davis #9812 811 SUMMrrVIEw AVENUE SurrE 2 YAiumA, WASHINGTON 98902 (509) 454-3299 FAx (509) 454-3254 EXHIBIT "B" DAVIS • . OPFER • RAAB ARCH I TECTURE HOURLY RATES SCHEDULE Principal: Principals: Sherlyn M. Davis. Allen G. Opfer Richard A. Raab $85.00 Project Architect 570.00 Personnel assigned to project supervision / Project Managers. 1999 Architect I / Specialties Technician: $60.00 Personnel assigned to project with five years plus experience or assigned to a project with specific specialties in services to be rendered (licensed or unlicensed). Architect 11 / Technician I: 555.00 Personnel assigned to a project with two to five years experience, drafters (licensed or unlicensed). Architect III / Technician 11: $50.00 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 DI: 545.00 Intern assigned to a.project. Still in School / part time employee / apprentice in training (unlicensed). Technician IV / Clerical: Expert Witness Testimony: $35.00 $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. 811 SUMMrrWWEw AVENUE SUITE 2 YAKIMA, WASHINGTON 98902 (509) 454-3299 FAX (509) 454-3254 1997 EDITION AIA DOCUMENT _____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 Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of Architects. 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 subject the violator to legal prosecu- tion. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. B141-1997 This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. MINNS 670 s 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 i ®1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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. 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. t WARNING: Unlicensed photocopying violates U.S. copyright Taws and will subject the violator to legal prosecution. 2.1.73 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 Subparagraph 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 Clause 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 Paragraph 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 Paragraph 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, dimen- sions and necessary data with respect to existing buildings, other improvements and trees; and 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, evalua- tions of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. WARNING: Unikansed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 01997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 ®1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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. 23.3 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 com- binations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.43 DESIGN DEVELOPMENT DOCUMENTS 2.43.1 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: (i) 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 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 con- tractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determi- nation of the successful bid or proposal, if any. If requested by the Owner, the Architect shall noti- fy 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 kidders. 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 subsequentlydocument 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 and Supplementary Conditions, Specifications and Drawings. 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. 2.5.53 If requested by the Owner, the Architect shall organize and participate in selection inter- views with prospective contractors. 2.5.5.4 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. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 1 ors c'ittea.'if' 0 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 i Oc5VI, � C=1 ®1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. 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 A2o1, 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 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 Paragraph 2.8.2 when Contract Administration Services extend 6o days after the date of Substantial Completion of the Work. 2.6.13 The Architect shall be a representative of and shall advise and consult with the Owner dur- ing 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. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to level Prosecution_ 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 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 pro- vided in Paragraph 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 knowl- edge, 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 con- formance with the Contract Documents. upon Substantial Completion, (2) to results of subse- quent 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. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 1 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 i ®1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (i) 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 2.6.43 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 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 Paragraph 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 support- ing 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 1 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 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. 2.6.53 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 correction of the Work. 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (i) 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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 Paragraph 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 two ( 2 ) visits to the site by the Architect over the dura- tion of the Project during construction. .3 up to one ( 1 ) 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 zero ( 0 ) inspections for any portion of the Work to deter- mine 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 Paragraph 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; .s 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 pro- posed by the Owner; or .s Contract Administration Services provided 6o days after the date of Substantial Completion of the Work. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 2-10 01997 AIAe AU DOCUMENT B141-1997 STANDARD FORM' SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 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 Not Provided . .2 Land Survey Services Not Provided .3 Geotechnical Services Not Provided .4 Space Schematics/Flow Diagrams Not Provided .5 Existing Facilities Surveys Not Provided .6 Economic Feasibility Studies Not Provided .7 Site Analysis and Selection nfat P= ided__ Not Providet3 .8 Environmental Studies and Reports .9 Owner -Supplied Data Coordination Not P_ .10 Schedule Development and Monitoring Not Provided .11 Civil Design Not Provided .12 Landscape Design Not Provided .13 Interior Design Not Provided .14 Special Bidding or Negotiation Not Prov idedl .15 Value Analysis Not Provided .16 Detailed Cost Estimating Not Provided .17 On -Site Project Representation Not Provided .18 Construction Management Not ProviriPd .19 Start -Up Assistance _ Not Provided .20 Record Drawings Not provided .21 Post -Contract Evaluation Nbt Provided .22 Tenant -Related Services Not provided .23 , .24 .25 Description of Services. (Insert descriptionsOf the services designated.) yo 0ClAo% CI 01997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 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: None. 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: OWN E R (Signature) Dick Zais , ttest : ARCHITECT (Signature) Cit Manager Shsr1 yn M. Davis, Principal o1997 A1A ® (Printed name and title) Karen Roberts, (Printed name and title) AIA DOCUMENT B141-1997 ‘, City Clerk STANDARD FORM SERVICES MIN CONTRACT NO: .,,......„mwaloiswaoNCM -1"1 RESCXVTION CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. ••/ a • it L The American Institute of Architects 1735 New York Avenue, N.W Washington, D.C. 20006-5292 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13 For Meeting Of: 04/06/99 ITEM TITLE: Resolution Authorizing Execution of Contract with Davis, Opfer, Raab Architects for Services related to Remodel of Fire Station #1 SUBMITTED BY: Yakima Fire Department CONTACT PERSON/TELEPHONE: Al H. Gillespie, Fire Chief — 575-6060 Gene Martin, Deputy Chief — 576-6350 "-� SUMMARY EXPLANATION: The City Council approved a $60,000 expenditure to remodel the sleeping quarters at Fire Station #1. When the station was built it was designed to be single gender functional. This alteration will provide privacy to both our female and male employees. The architecture firm of Davis, Opfer, Raab has submitted a fee of $4,700.00 for services on the estimated construction cost of $47,000.00. This fee is 10% of the estimated construction cost. Sherlyn Davis will be the lead architect on this project. The attached resolution authorizes the City Manager to execute the attached contract with Davis, Opfer, Raab Architects. This will provide specifications for and oversee construction activities for the sleeping quarter remodel at Fire Station #1 located at 401 N. Front Street. Resolution X Ordinance Contract X Other (Specify) Funding Source: 332 Fire Capital Fund APPROVED FOR SUBMITTAL: ��� • City Manager STAFF RECOMMENDATION: Approve as submitted BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: