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HomeMy WebLinkAboutR-2008-091 LCA ArchitectsA RESOLUTION RESOLUTION NO. R-2008-91 authorizing and directing the City Manager of the City of Yakima to execute an Architectural Services Agreement with LCA Architects, P. A. of Boise, Idaho to conduct a feasibility study addressing the need and advisability of replacement of the Yakima Police Department Substation currently located at the Yakima Airport. WHEREAS, the current Yakima Police Department Substation lacks the facilities necessary to efficiently support adequate officers, support staff and major equipment assets required to provide the desired level of service to the western portions of the City; and WHEREAS, the current location of the substation at the Yakima Airport is located too far south and east to rapidly provide resources to the western portions of the City; and WHEREAS, the Yakima City Council has directed City Staff to distribute Requests For Qualifications (RFQ's) to architectural firms with experience in public safety design and the capability to perform a comprehensive feasibility study regarding the advisability of Police Substation replacement; and WHEREAS, LCA Architects, P. A. of Boise, Idaho was selected as the firm best suited to conduct the study; and WHEREAS, LCA Architects has submitted a proposal to perform the feasibility study under acceptable terms including total fees and expenses of $35,000; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the proposed Architectural Services Agreement with LCA Architects, P. A. in exchange for payment of a fee, together with certain expenses, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Architectural Services Agreement between the City of Yakima and LCA Architects, P. A. of Boise, Idaho for such}fees as are described in the Agreement. ADOPTED BY THE CITY COUNCIL this 10th day of June, 2008. City Clerk Init. AIA Document BIOITM -2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of June in the year Two Thousand Eight ADDITIONS AND DELETIONS: .(in words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Architect's client identified as the Owner: completion. The author may also (Name, address and other information) have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is'available from the author and should be Owner's.Representative; Dick Zais, City Manager, or his designee reviewed. A vertical line in the left margin of this document indicates and the Architect: where the author has added (Name, address and`other information) necessary information and where the author has added to or deleted .LCA Architects, P.A. from the original AIA text. • 1221 Shoreline Lane Boise, Idaho 83702 City of Yakima 129 North:2nd Street Yakima,'VJA 98901 Telephone Number: 20,8-345-6677 Fax Number: 208-344-9002 for the following Project: (Name; location.and detailed description) City of Yakima Police Substation & Jail Expansion LCA No: 08021.01 / RFQ 10804-P The Owner and Architect agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101111— 2007 (formerly B151 -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES COST' OF THE WORK COPYRIGHTS;`AND,LICENSES 'CLAIM'S AND DISPUTES 9 TERMINATION _OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION' 12 'SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE:AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 11 This Agreement; is;based on the"Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information. This Agreement is' intended to apply to the specific Work described in Exhibit A pertaining to the Yakima'Police Station Feasibility .Study portion of the Work described in the City's RFQ. The City of Yakima Request For";,QualificationsNo. 10809-P, including the Scope of Work, Acknowledgements, Technical Proposal, Technical. Plan;: modifications;,all=other attachments to the RFQ and the Architect's Proposal (to the extent consistent. with the City's documents): are attached hereto as Exhibit A and incorporated herein by this reference. This Contract is on file in te:Office olthe Purchasing Manager, 129 N. 2nd Street, Yakima, WA 98901: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as'details of the Project's site and program, Owner's contractors and consultants, Architect's consultants;- Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method,' and other."information relevant to the Project.) See Exhibit A; attached hereto and incorporated herein by this reference. § 1.2 The Owner's anticipated dates for commencement of Work and Substantial Completion of the Work are set forth below: .1 Commencement of Work date: See Exhibit A .2 Substantial Completion date: See Exhibit A Init. AIA Document B101 - 2007 (formerly 8151 TM — 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493 1 which expires on 2/13/2009, and is not for resale. — User Notes: (3628561555) § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. / ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the'Project. §;2.3 The Architect shathidentify a representative authorized to act on behalf of the Architect with respect to the ,.Project. Steve Simmons, AIA Russ Moorhead; AIA Steve; ChristiansenAIA § 2.4;Except.with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment; interest ori•contribution that would reasonably appear to compromise the Architect's professional judg'ment',with respect thisTroject. §'2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and:: limits of insurance coverage, and other insurance requirements applicable to the Agreement, if GeneralLiability One Million. Dollars Single Occurrence/Two Million Dollars General Aggregate, for property damage;. personal injury and bodily injury. Automobile Liability ,OneMillion.Dollars Combined Single Limit, Any Auto, Hired and Non -Owned Autos :3 Workers' Compensation One Million Dollars Each Accident/Each Employee, and as required by Title 51, RCW. .4 Professional )viability One Million Dollars Per Claim/Two Million Dollars Annual Aggregate. If requested, the CONSULTANT shall provide the City with an insurance certificate clearly stating who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If ,the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 2008, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and,customary structural, mechanical, and electrical engineering services. Services not set forth in Article 3 are Additional Services. AIA Document B101 TM - 2007 (formerly B151 TM -1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1:2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the .commencement.of construction and for Substantial Completion of the Work as set forth in the Initial Information. The 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. Once '.approved:by the Owner; time. limits established by the schedule shall not, except for reasonable cause, be exceeded . by the Architect or,Owner: With the Owner's approval, the Architect shall adjust the schedule, if necessary as the Project proceeds' until: the' commencement of construction. § 3:1.4 The Architect shalt not be responsible for an Owner's directive or substitution made without the Architect's approval. • §13.5 The Architect,' shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and:the entities providing utility services to the Project. In designing the Project, the Architect .shall respond. to' applicable design requirements imposed by such governmental authorities and by such 'entitiesproviding utility. services. :'§ 3: 1:6The;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. §1.2 SCHEMATIC DESIGN'PHASE SERVICES Architect.shallreview the program and other information furnished by the Owner, and shall review laws, codes;,and regulations ;applicable to the. Architect's services. • § 3.2.2,.TheArchitectshall prepare a:,preliminary evaluation of the Owner's program, schedule, budget for the Cost of the' Work,Project'site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other•,to;ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in<.the information, and (2) other information or consulting services that may be reasonably;.needed for the, Project:: .§.1:2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible'design approaches. The Architect shall reach an understanding with the Owner regarding the requirements'of<th&Project. Based;on:the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's;'approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for,the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents. including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may .include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. AIA Document B101 TM - 2007 (formerly 8151 TM —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by ALA software at 10:34:16 on 06/05/2008 under Order No.1000342493 1 which expires on 2113/2009, and is not for resale. User Notes: (3628561555) Init. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. §•3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. §53.3 DESIGN DEVELOPMENT PHASE SERVICES Based',on,the,Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the; Project requirements and the budget for the Cost of the Work, the Architect shall prepare 'Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe,the,development of the approved Schematic Design Documents and shall consist of drawings and other documents' including• plans; sections, elevations, typical construction details, and diagrammatic layouts of building systems;t`o fix andidescribe.the,size and character of the Project as to architectural, structural, mechanical and electrical systems;.and such':other elements as may be appropriate. The Design Development Documents shall also include outhne`,s'pecificationsthat identify major materials and systems and establish in general their quality levels. §.3.3.2 The Architect shall update the estimate of the Cost of the Work. The Architect shall submit the Design Development documents to the Owner, advise the Owner of any adjustments,to t1'e estimate, of the Cost of the Work, and request the Owner's approval. ik•. § 3:4'CONSTRUCTION DOCUMENTS PHASE SERVICES § 3:4.1Bas'ed on'the Owner's'approval of the Design Development Documents, and on the Owner's authorization of any. adjustments in-the`.Project requirements and the budget for the Cost of the Work, the Architect shall prepare J G:: Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the fuithe'development of the approved Design Development Documents and shall consist of Drawings and r•: Specifications setting;, forth; in detail the, quality levels of materials and systems and other requirements for the construction of;.the:Work The Owne ,and Architect acknowledge that in order to construct the Work the Contractor will provide,additional information;;;including Shop Drawings, Product Data, Samples and other similar submittals, which.tieArchitectshall review' in accordance with Section 3.6.4. § 3.4.2;The,Architect shall•incorporate:into the Construction Documents the design requirements of governmental authorities: having jurisdiction `over the°Project. During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation, of (1) bidding and procurement information that describes the time, place and conditions of bidding;;including.bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Condition's of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications;and-may include bidding requirements and sample forms. . §3;4.4 The Architect shall update the estimate for the Cost of the Work. The, Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's appoval;�` BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive AIA Document 13101 TM - 2007 (formerly B151 TM - 1997): Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not tor resale. User Notes: (3628561555) bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. •. § 3.5.2 COMPETITIVE BIDDING §1.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits;;;if:any, received from and returned to prospective bidders; 3.: ;organizing, and conducting a pre-bid conference for prospective bidders; 4; preparing; responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and 5; organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. ,§ 3.5.2:3The Architect shall';consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and'dtstrtbute addenda identifying approved substitutions to all prospective bidders. §.3.5.3,NEGOTIATED, PROPOSALS § 35.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. §,3:5.3.2 The Architect shallassist the Owner in obtaining proposals by • .1 procuring,the>reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; organizing,and'•participating in selection interviews with prospective contractors; and .3 participatin'gin•negotiations with prospective contractors, and subsequently preparing a summary report of;,the negotiation results, as directed by the Owner. §,3.5.3.3'The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare, and distribute"_addenda identifying approved substitutions to all prospective contractors. §;3:6 CONSTRUCTION PHASE SERVICES §,3:6:1.1 Tte Architect` shall' provide administration of the Contract between the Owner and the Contractor as set forth: below and in AIA Document •A201TM-2007, General Conditions of the Contract for Construction. If the Owner •. and Contractor modify AIA; Document, -A201-2007, those modifications shall not affect the Architect's services •under Agreement; unless the Owner and the Architect amend this Agreement. § 3.6:1.2 The Architect;shalladvise and consult with the Owner during the Construction Phase Services. The Architect shall have, authority, to',act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have. control over, charge of, or responsibility. for the construction means, methods, techniques, sequences, or procedures,'or'for safety precautions and programs in connection with the Work, nor shall the Architect be'resporisible 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 or of any other persons or entities performing portions of the Work. Init. § 3.6.1:3.Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with'the,award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment: • § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the AIA Document B101 TM — 2007 (formerly B151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) 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. On the,basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the; portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. • § 3.6:2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the 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 o; „completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or notto'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: oftte Work. .,§ 3.6.2.31The Architect: shall; interpret and decide .matters concerning performance 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. §,3,.6 2.4.Inte_rpretations 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: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 rendered in good faith unless said interpr'etations,or decisions are determined to have been negligently rendered. The Architect's decisions on matters relating to'aesthietic effect shall be final if consistent with the intent expressed in the Contract Documents. ''§ 3.6.2.5, Unless; the;O'wnerand..Contractor designate another person to serve as an Initial Decision Maker, as that .,`term i'sdefined;in'AIA;Document A201-2007, the Architect shall render initial decisions on Claims between the O'wner.'and Contracto'ras`:provided in the Contract Documents. ,. 3.6.3; CERTIFICATESFOR>PAYMENT TO CONTRACTOR § 3.6;3.1::The A'rchitect,shall:'reviewand certify the amounts due the Contractor and shall issue certificates in such amounts. The!Architect s` certification_ for' payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work&as provided in Section 3.6.2 and on the data comprising the Contractor's Application;forSPayment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed�to'the;'point'-indicated and that the quality of the Work is in accordance with the Contract Documents. The.'foregoing representations;are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial; Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviatioris from.;the Contract Documents prior to completion, and (4) to specific qualifications expressed by the:Architec t. § 3.6.3.2 Theissuance';of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous,; on-site` inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods,? techniques,sequences or procedures, (3) reviewed copies of requisitions received from • .;Subcontractors an&ntaterial 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. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. Init. 364'SUBMITTALS 3-. 6." 4.1`.:Th"e Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval;:; The'Ar'chitect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. AIA Document 8101 TM — 2007 (formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Init. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, 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. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. 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. §',.3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or 'certifications'by: a design professional related to systems, materials or equipment, the Architect shall specify the appropriate' performance,; and design criteria that such services must satisfy. The Architect shall review shop drawings; and' other, submittals related to the Work designed or certified by the design professional retained by the Contractor:.that bear!such professional's seal and signature when submitted to the Architect, The Architect shall be • entitled torelY' uPontheade nacY, accuracy and completeness of the services, certifications and approvals performed`'or provided by;s,uchi,,design professionals. § 3.6.4.4,. Subjectto; the provisions of Section 4.3, the Architect shall review and respond to requests for information abouf:the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests; for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings;,or}Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable -promptness. If;appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications, in response to requests for information. § 3.6.4.5:The Architect shaltmaintain a record of submittals and copies of submittals supplied by the Contractor in accordance:with;the requirements of the Contract Documents. §:16 r5 CHANGES,IN THE WORK § 3:6:5.i'The Architect may, authorize minor changes in the Work that are consistent with the intent of the Contract Documents and'do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the'provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 16.5.2 The Architect shall maintain records relative to changes m the Work. § 3.6.6`PROJECT COMPLETION;;;. ,':'' §.3,.6.6:1 :The Architect. shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; 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 issue a final Certificate for Payment based upon a final inspection indicating the Work complies`. with the requirements of the Contract Documents. § 3.6.6.2 The Archtect's inspections shall be conducted with the Owner 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. § 1.6.6.3 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 the amount to be retained from the `Contract;Sui i;, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. AIA Document 8101 TM - 2007 (formerly B1 51 114 —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING; This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES §4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The ;Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and only to the extent specifically described and approved in writing by the Owner. The Owner shall compensate.the Architect for approved Additional Services as provided in Section 11.2. '(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether,.,the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify Additional Services, ?: '; : Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) §'4.1:1'is':':, `:' . Prograinnung";:.:>i" -§ 4:1:2' . ,'Multiple preliminary designs § 4.1.3,:' Measureddrawings :I4.1:4,'` :, Existing facilities surveys :''§:4.t5 :::Site Evaluation a Planning (B203TM-2007) §:4.1:6.;:1!;" ,'Building infoririatibr modeling . § 4.1.7,. " CiSil' engineeririg, ' ' ,'.§ 4.1.8,'u'. L'andscap,desigii § 4:1'9'.::,-%Architectural'Interior Design (B252TM-2007) ';'§ 4:1:10; : '.'';Value?Arialysis"(B204TM-2007) OM wir' ''Detailed cCkesti' ` ' §;°4:1:.1 .,; On-site piojLilepresentation . §;4:113:'`;>` Conformed construction documents 41:14 tY;,., u,.,:;.,.. §; As=designed`record drawings §4,1':A 5 ,., As=con'structediecord, d'r'awings 14:1.16,,,,,, ,,. Post occupancy evaluation'`;°`'' '1§'4.1.17- FaciliSiipport Services (B210TM-2007) §,:4:1.18 ''' :;T enarit''rel"afed'services §',4:1:19;.. Coordination of Ownei:,',sconsultants § 4:4:20,;'x:'':.,Telecommunicationsidata,design ::-§4.1.21;.' .. ;;Security•Evaluatiori:and.Planning (B206TM- 2007) §''4:1:22 Con inissioning (B211TM-2007) § 4.1.23 Eztensive'eli i einnientally responsible design § 4.1:24 LEED® C'ertification:"(B214TM-2007) ;.' § 4.1.25 %t.',,Fasttrack design services ''§.:4.1.26 - ';Hitori6, Preservation (B205TM-2007) :§4.1/7 'Furniture; Finishings, and Equipment Design (B253TM=2007) Init. § 4:2 Insert';a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described'in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with AIA Document B101 TM - 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Init. this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. ,§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services 'necessitated by the Owner's request for extensive environmentally responsible design alternatives; such as unique system designs, in-depth material research, energy modeling, or LEED® certification; Changing''or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; 'necessitated by decisions of the Owner not rendered in a timely manner or any other failure of p;erformance,on the part of the Owner or the Owner's consultants or contractors; Preparing:digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation;of design and documentation for alternate bid or proposal requests proposed by the 7:. Preparation for, and attendance at, a public presentation, meeting or hearing; 8; Preparation; ford and attendance at a dispute resolution proceeding or legal proceeding, except where the:Architect is'party thereto; .9 Evaluation. of the qualifications of bidders or persons providing proposals; 10 Consultation concerning replacement of Work resulting from fire or other cause during construction; 11 Assistance to':the Initial Decision Maker, if other than the Architect. §,43.2.Tovoid delay inthe Construction Phase, the Architect shall provide the following Additional Services, notify the;; Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner: subsequently. determines that all, or parts of those services are not required, the Owner shall give prompt ,.written notice to the Archnect andthe`; Owner shall have no further obligation to compensate the Architect for those service's: 1 .:`..; Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; • 2 Responding to the, Contractor's requests for information that are not prepared in accordance with the Contract Documents owhere 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 Preparing Orders and Construction Change Directives that require evaluation of Contractor's proposals' and^^'supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an:'extensive number of Claims as the Initial Decision Maker; .5 Evaluating 'substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or 6 To'the`extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days'after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1' two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Bi -weekly ( bi-weekly ) visits to the site by the Architect over the duration of the Project during construction .3 two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents AIA Document B101 TM - 2007 (formerly B151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2113/2009, and is not for resale. User Notes: (3628561555) Init. .4 two ( 2 ) inspections for any portion of the Work to determine final completion • § 4.3.4-If,the services covered by this Agreement have not been completed within thirty ( 30 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be:compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability,'speciaequipment, systems and site requirements. Within fifteen (15) working days after receipt of a Written request from the: Architect, the Owner shall furnish the requested information as necessary and relevant for Architect'to evaluate, give notice of or enforce lien rights. ,5 .2 The:Owner shall establish and periodically update the.Owner's budget for the Project, including (1) the budget for the, Cost: of the?Work as'defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related,to all of these costs:If: the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify.'the Architect. The Owner and the Architect shall thereafter agree to a corresponding ,change:;in'the Project's scope and quality. 5.3,The Owner shaltidentify.arepresentative:authorized to act on the Owner's behalf with respect to the Project. The:Ownershall render.; decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable' delay, in the orderly and sequential progress of the Architect's services. -I": The Owner's representativeshall be Dick Zais, City Manager, or his designee. §'5.4TheOwner,stallfurnish,surveys to describe physical characteristics, legal limitations and utility locations for the,sitei'of,the Projectand,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; designated wetlands; adjacent`;drainage rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours;,of the;sitelocations, dimensions and necessary data with respect to existing buildings, other improvements and'.frees land information concerning available utility services and lines, both public and private, above and below . grade, gradc;.'includirig:ihyerts..anct depths..All the information on the survey shall be referenced to a Project benchmark. • 5.5 The:Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings,; test, pits, determinationsof''soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation;`. ground; corrosion -tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with -written reports; and: appropriate recommendations. § 5.6 The'OWkrf shall coordinate the:services of its own consultants with those services provided by the Architect. ,Upon the Architect' s. request, the Owner shall furnish copies of the scope of services in the contracts between the Owner. and the Owner's'' consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement; orauttorizethe Architect to furnish them as an Additional Service, when the Architect requests such'services and demoristrates:that they are reasonably required by the scope of the Project. The Owner shall require that: its; consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical;'and chemical tests, tests for air and water pollution, and tests for hazardous materials. §.5.8,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. § 5.91he;.Owner. shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or • defe'ctiri the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through AIA Document B101 TrA - 2007 (formerly B151 T*' - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties.. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Init. the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The,Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK :.§,0;1 For purposes of: this` Agreement, the Cost of the Work shall be the total cost to the Owner to construct all 'elements, ofthe:Project designed or specified by the Architect and shall include contractors' general conditions costs, soverhead:and profit. The;Costof the Work does not include the compensation of the Architect, the costs of the land, - rights-of-way, financing, contingencies for changes in the Work or other costs.that are the responsibility of the § 6.2 The Owner's budget; for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project:, as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the;Work, thepreliminaryestimate 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. It is recognized, however, that neither the. Architect nor the Owner;has:control over the cost of labor, materials or equipment; the Contractor's methods of determining bidtprices: or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not'warrant orrepresent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the.Work or from any: estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. §6.3; In'preparing'estimates;of,the Cost of 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 program and scope„of,the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the . est rnafed Cost;of;the .Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work° shall' be' based oncurrent area, volume or similar conceptual estimating techniques. If the Owner requests detatled;cost estimating services, the Architect shall provide such services as an Additional Service under Article,4'::5The Architect warrants'that if the lowest bona fide bid for the project Work exceeds the Architect's estimate for theWork.by greater than ten percent (10%), then all additional costs for redesign, introduction of alternate:, materials and methods;; alteration of bid documents and rebidding shall be born by the Architect. § 6.4 Ifthe,Bidding or: Negotiation Phase has not commenced within 90 days after the Architect submits the ;Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work<shall be adjusted;to'reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Arch'itect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the: Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the; Cost;of:the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the OWner's'budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal; the Owner shall .1 . give written approval of an increase in the budget for the Cost of the Work; .2 .•authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 .,:in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the AIA Document B101114 - 2007 (formerly 13151T” —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) conclusion of the Construction Documents Phase Services, or. the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Section'6.7. :.ARTICLE:7 COPYRIGHTS AND LICENSES §,7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary rotocols governing such. transmissions. 7.2 The Architect and,•thie,Architect's consultants shall be deemed the authors and owners of their respective nstruments of. Service, including the Drawings and Specifications, and shall retain all common law, statutory and .i'other reserved= rightsincluding copyrights. Submission or distribution of Instruments of Service to meet official :•; regulatory, requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. • §"73, Upon;executionofhiA greement: (a.) material produced in the performance of the work under this Contract s shall,;be°as;works,for hire;as defined by the U.S. Copyright Act of 1976 and shall be the property of the Owner. This • material includes, but'„is:`not5limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the rightt fo copyright;"patent, register, and the ability to transfer these rights. The Owner agrees that if it uses any materials'prepared by.the Architect for purposes other than those intended by this Contract, it does so at its sole risk it agrees to;,hold the Architect harmless therefore to the extent such use is agreed to in writing by the Architect; an electronic all or a portion of material produced shall be submitted to the Owner upon request or at the.end of the job using the;word processing program and version specified by the Owner. 4!r` § 7 3.1'In.the even't`the,Owner:uses the Instruments of Service without retaining the author of the Instruments of Servicethe;,Owner;releases;the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses 'The„O'wner, to the extent permitted by law, further agrees to indemnify and hold harmless the `t Architect' and its consultants. from all costs and expenses, including the cost of defense, related to claims and causes ;.of action` asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of r,tlie; Instruments of Serviceunder-this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement; for: cause under Section 9.4. §,7.4Except,for•;the'possessory rights and interests granted in this Article 7, no other license or right shall be deemed granrted:or;implied "under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any ;license granted,hierein;:to' another party without the prior written agreement of the Architect. 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. Init. ARTICLE 8 CLAIMS,AND_ DISPUTES § 81;GENERAL § 8.1:1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise;;,'agatnsttlieother arising out of or related to this Agreement in accordance with the requirements of the i,method of binding dispute resolution selected in this Agreement. Causes of action between the parties to this Agreement pertainingto acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring,priorto Substantial Completion or the date of issuance of the final Certificate for Payment for act or failures'; to; act, occurring after Substantial Completion and in any case not more than ten (10) years after the date of Substantial,?:Completion of the Work. The Owner and Architect waive all claims and causes of action not ' commenced;in,accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and 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 AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the AIA Document B101 - 2007 (formerly B151TMr —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. Init. (Paragraphs deleted) § 8;2,MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the hen notice or filing. deadlines prior to resolution of the matter by mediation or by binding dispute resolution. 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between ,them by mediation which,: unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association'in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement A:request formediation shall be made in writing, delivered to the other party to the Agreement, and filed with'the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint,or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days ;'. from the: date' of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is"stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upori`a schedulefor later proceedings. §8.2.371* The parties:shall share:the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable' as' Settlement' agreements in any court having jurisdiction thereof. ARTICLE 9' TERMINATION OR SUSPENSION (Paragraphs deleted) § 91 If the'Ownerfails to make payments to the Architect in accordance with this Agreement, such failure shall be considered'substantialsnonperformance 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, the Architect shall give thirty(30) calendar days ;.written notice,to the Owner before suspending services. 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'. Beforeresuming services, the Architect shall be paid all sums due prior to suspension and any expenses, incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining servicesrand the time schedules shall be equitably adjusted. ,§ 9.2, If the. Owner suspends;,theProject-for more than thirty (30) consecutive calendar days, the Architect shall be ,compensated fornservices performed;prior to notice of such suspension. When the Project is resumed, the Architect shall,be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Aretiitect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9:3 If the Owner suspends'.tFeProject for more than ninety (90) consecutive calendar days for reasons other than '.the fault of theiArchitect, the Architect may terminate this Agreement by giving not less than thirty (30) calendar days' written4noticei'; _. § 9.4 Either party: may ' -terminate this Agreement upon not less than thirty (30) calendar 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. :,§.9.5 p*iief may terminate this Agreement upon not less than thirty (30) calendar days' written notice to the 'Architect'for, the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. AIA Document B101 TM - 2007 (formerly 8151 TM - 1997), Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly=attributable to termination for which the Architect is not otherwise compensated. 9.8:The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this ':Agreerr ent are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the laws of the state of Washington. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction:in'the COUNTY OF YAKIMA, Washington. §10.2 Terms in,this Agreement shall have the same meaning as those in AIA Document A201-2007, General •Conditions of, the Contract for Construction. §;10.3 The,Owner and'Architect, respectively, bind themselves, their agents, successors, assigns and legal r. epresentatrves to„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 a lender providing financing for ;';'the Projectif the lender- agrees, to assume the Owner's rights and obligations under this Agreement. §.10.4If;the.,Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted, to' the,• Architect; for review at least fourteen (14) working days prior to the requested dates of execution. If •the Owner•=requests the':' Architect to execute consents reasonably required to facilitate assignment to a lender, the Architectshall execute' all; such consents that are consistent with this Agreement, provided the proposed consent is submitted'to theArchitect for' review at least fourteen (14) working days prior to execution. The Architect shall not l'e required to•execute"certificates or consents that would require knowledge, services or responsibilities beyond the scope'ofthis Agreement § 10`5,';Nothing•contained.in, this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against'`eitherthe Owner or Architect. §10.6Unlessotherwise:=required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposalof, or exposure of persons to, hazardous materials or toxic substances in any ;form at the: Project: site. §'10.7,The,Architectshall have the right to include photographic or artistic representations of the design of the Project among,th'e.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 the0,4crj, or proprietary;information if the Owner has previously advised the Architect in writing of the specific;information coiiSidered,y 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. § 10.8 If the Architect';or, Owner,receives information specifically designated by the other party as "confidential" or "business proprietary';.the`'re'ceiving party shall keep such information strictly confidential and shall not disclose it to any other; person except to (1) its employees, (2) those who need to know the content of such information in order to, performrserv,';ices pr construction solely and exclusively for the Project, (3) respond to legally enforceable requests "for disclosure`°of.':or,,(3).its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE ;11,., COMPENSATION 11'.1;' For, the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: Insert wnount,of, or basis for, compensation.) For completion of the Police Substation Work described herein, a fixed fee not to exceed Thirty Thousand Dollars ($30,000.00), plus reimbursable expenses not to exceed Five Thousand Dollars ($5,000.00), allocated as follows: Needs Assessment/Space Analysis $10,000.00 AIA Document 8101 TM - 2007 (formerly 8151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Site Location Study $5,000.00 Concept Design/Capital Funding Analysis $15,000.00 § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) §.11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate: the Architect as follows: (Insert amount of or basis for, compensation.) § 11.4 Compensation for;A'dditional Services of the Architect's consultants when not included in Section 11.2 or 11.3';:shall be, the amount invoiced to the Architect plus ( ), or as otherwise stated below: §11:5 Where compensatiorfor Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic, Design Phase percent ( %) Design Development; Phase percent ( %) ;Construction Documents percent ( %) Phase idding_o °°Negotiation Phase percent ( %) onstruction Phase;. percent ( %) Total Cotiipensation' ` one hundred percent ( 100 %) § 11.6 When'.. compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or o"therwise'not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those; portions; in accordance with the schedule set forth in Section 11.5 based on (1) the .-l(4est bona.fide bid or negotiated' proposal, or (2) if no such bid or proposal is received, the most recent estimate of the, Cost.;offitlie Work_for such'portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement forall services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing; rates;- for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall.be adjusted in accordance with the Architect's and Architect's consultants' normal review (If applicable;attach an exhibit of hourly billing rates or insert them below.) Efnployee,or Category Init. § 11.8,,COMPENSATION FOR REIMBURSABLE EXPENSES § 11.81`Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; Rate AIA Document 8101 TM — 2007 (formerly B151 TM —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Init. .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 - All taxes levied on professional services and on reimbursable expenses; .10;` '. Site off ceexpenses; and 'Other -similar Project -related expenditures. § 11.8.2 For,;ReimbursableExpenses the compensation shall be the expenses incurred by the Architect and the Architect',s'consultants';plus:" : ( ) of the expenses incurred. §11.9COMPENSATION FOR,USE OF ARCHITECT'S INSTRUMENTS OF SERVICE :If the'Owner terminates the.'Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of thethe':Architect7.4Irigtrunients of Service solely for purposes of completing, using and maintaining the Project as follows: §,11.10,PAYMENTS TO THE ARCHITECT § 11101;'An initial payment of: zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum,paymerit under this, Agreement. It shall be credited to the Owner's account in the final invoice. §,;11 10 2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are duer'and•payable upon presentation of the Architect's invoice. Amounts unpaid sixty ( 60 ) calendar;days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing, from ti ne.,to'time at. thee principal place of business of the Architect. (Insert rate' of monthly or annual; interest agreed upon.) 11',1031'he Owner shall not:.withhold amounts from the Architect's compensation to impose a penalty or liquidated; damages on the.Architeet;'.or;to offset sums requested by or paid to contractors for the cost of changes in the. Workunles's the Architect`. agrees` or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the,basis of hourly rates shall lie available to the Owner at mutually convenient times. ,ARTICLE ;12;; ;SPECIAL TERMS AND CONDITIONS Special ter ns:arid:conditions that modify this Agreement are as follows: ARTICLE.;13";:SCOPE OF THE AGREEMENT § ;13:1.: 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 arnended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 101TM-2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: AIA Document 8101 TM — 2007 (formerly 8151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and lnternational.Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Init. .3 Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) Exhibit A This Agreement entered into as of the day and year first writt OWNER R.A. Zais; Jr., City Manager (Printed name and title) • CI]Y,CONTRACrNO: /9-! • RESOLUTION`N0:""` /S `%w44g-'• ignature) Steve Simmons, AIA, President (Printed name and title) AIA Document B101 Tu — 2007 (formerly B151 TM —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Additions and Deletions Report for AIA Document B101 rM — 2007 , .This'Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has ': `added to• the, standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from • the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note; This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:34:16 on 06/05/2008. PAGE 1 AGREEMENT:` made as Of the day of June in the year Two Thousand Eight City of:Yakima .., 129 North -2nd Street Yakima; =WA .98901 Owners Representative'. Dick Zais, City Manager, or his designee LCA Architects, P.A. 122fSh`oreline Lane Boise.Idaho 83702., Telephon"e Number = 208-345-6677 Faz'>Numbter: 208-344-9002' City of Yakima Police.Substation & Jail Expansion LCA No: 08021.01 / RFO 10804-P .PAGE §.1.1',This:<A'green ent is based on:the'Initial Information set forth in this Article 1 and in optional Exhibit A, Initial InformatiefInformation. _ This Agreement is intended to apply to the specific Work described in Exhibit A pertaining to the.YakimaiPolice"Station Feasibility Study portion of the Work described in the City's RFO. The City of Yakima-Request`For"Qualifications No. 10809-P, including the Scope of Work, Acknowledgements, Technical Proposal, Technical Plan .modifications, all other attachments to the RFO and the Architect's Proposal (to the extent consistenmith the City's documents) are attached hereto as Exhibit A and incorporated herein by this 'reference. This Confract is on file in to Office of the Purchasing Manager, 129 N. 2nd Street, Yakima, WA 98901: See Exhibit A, attached hereto and incorporated herein by this reference. Owner's anticipated dates for commencement of ^on Work and Substantial Completion of the Work:arejset•fb'rtti.below: .1 Commencement of Work date: See Exhibit A Additions and Deletions Report for AIA Document B101 TM - 2007 (formerly B151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) See Exhibit A PAGE3 Steve Simmons, AIA Russ Moorhead, AIA Steve Christiansen, AIA One (Million Dollars Single Occurrence/Two Million Dollars General Aggregate, for property damage, personal injury and bodily injury. One Million Dollars Combined Single Limit, Any Auto, Hired and Non -Owned Autos One Million Dollars Each Accident/Each Employee, and as required by Title 51, RCW. One•Million Dollars Per Claim/Two Million Dollars Annual Aggregate. If requested, the CONSULTANT shall provide the City with an insurance certificate clearly stating who the provider is, the amount,of coverage, the policy number, and when the policy and provisions provided are in effect;:: The insurance shall be with an insurance company rated A -VH or higher in Best's Guide. If the'poliis on a claims `made basis, the retroactive date of the insurance policy shall be on or before January' 1, 2008;'or<'sliah'provide full prior acts. The insurance coverage shall remain in effect during the terin of this Agreement and for a minimum of three (3) years following the termination of this Agreement. PAGE 7 §3.6:2.4 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 decisions, the Aichitect'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 rendered in good faith. faith unless said interpretations or decisions are determined to have been negligently rendered. The Architect's decisions on matters` relating; to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. PAGE 9 § 4.1.Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect': s. responsibility, and only to the extent specifically described and approved in writing by the Owner. The Owter,shallcompensate the Architect for approved Additional Services as provided in Section 11.2. PAGE 10 .1 two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor Additions and Deletions Report for AIA Document 8101 TM - 2007 (formerly B151 ^" — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) .2 Bi -weekly ( bi-weeklv ) visits to the site by the Architect over the duration of the Project during construction 3 two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents • .4 two (J inspections for any portion of the Work to determine, final completion § 4.3'.4 If the services covered by this Agreement have not been completed within thirty ( 30 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 11 • §5.1 Unlessotherwise'provided for under this Agreement, the Owner shall provide information in a timely manner ,regarding;requirements.for and limitations on the Project, including a written program which shall set forth the Owner' s, objectives;schedule; constraints and criteria, including space requirements and relationships, flexibility, expandability`'; special equipment, systems and site requirements. Within 43 -fifteen (15) working days after receipt of a written request from the•: Architect, the Owner shall furnish the requested information as necessary and relevant for ';the Architect to,evaluate",`'gtve'notice of or enforce lien rights. The Owner's representative shall be Dick Zais, City Manager, or his designee. ;PAGE 12 § 6.3.In prepanng.estiinates of,the Cost of 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 be included in the Contract Documents; to make reasonable adjustments in the program and scope, of;tt e.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. The Architect's estimate of the • Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests•detailed," cost estimating services,:the Architect shall provide such services as an Additional Service under Article 4., The' Architect:. warrants'that ifthe lowest bona fide bid for the project Work exceeds the Architect's estimate for the Work'by greater than'ten percent (10%), then all additional costs for redesign, introduction of alternate'mater'ials;and methods;` alteration of bid documents and rebidding shall be born by the Architect. §.6.7 If tteOwner chooses to„proceed,under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. Section 6.7: PAGE 13 § 7:3 Upon execution: of this t te.Agreement: (a.) material produced in the performance of the work under this Contract shall be as works for hire as defined by the U.S. Copyright Act of 1976 and shall be the property of the Owner. This material Additions and Deletions Report for AIA Document B101,11— 2007 (formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: • (3628561555) includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets. reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The Owner agrees that if it uses any materials prepared'by the Architect for purposes other than those intended by this Contract, it does so at its sole risk and it agrees tei'hold the Architect harmless therefore to the extent such use is agreed to in writing by the Architect; and (b.) an electronic copy of all or a portion of material produced shall be submitted to the Owner upon request or at the end of the job using the word processing program and version specified by the Owner. §;7' 4 Except for. the lieenses-possessory rights and interests granted in this Article 7, 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. Any unauthorized use'of the Instruments of Service shall be at the Owner's sole risk and without liability to the •, Architect and, the A'rchitect's consultants. § 8,.11 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method' of. binding disputer`esolution selected in this Agreement. ° Causes.of action.between the parties to this Agreement pertaining to acts or failures to act shall be 'deemedto•have accrued arid the statutes of limitations shall commence to run not later than either the date of Substantial. Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the''final Certificate for Payment for act or failures to act occurring after Substantial Completion and in any case not nior'e than 4&ten'(10) years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. ARTICLE 9::'TERMINATION OR:SUSPENSION { ];.:'Arbitration pursuant to Section 8.3 of this Agreement { ] Other (Specify) AN § 8.3.1 If the parties have selected arbitration as the meshed fer binding dispute resolution in this Agreement, any Additions and Deletions Report for AIA Document 8101 TM - 2007 (formerly B151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) ;§ 91;,�Iftfie O,wner;;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, the Architect shall give se thirtyi(30) calendar days!./Written notice to the Owner before suspending services. In the event of a suspension of services,- the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services:. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses; incurred in, the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and,thietiineschedules shall be equitably adjusted. .§.9.2 If the Owner suspends the Project, Project for more than thirty (30) consecutive calendar days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9:3:IfthejOwner suspends the Project for more than ninety (90) consecutive calendar days for reasonsother than the fault of the Architect, the Architect may terminate this Agreement by giving not less than 's6ven'thirty':(30)' calendar days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven thirty (30) calendar 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. Additions and Deletions Report for AIA Document B101,11— 2007 (formerly 8151 TI -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) § 9.5 The Owner may terminate this Agreement upon not less than seven thirty (30) calendar days' written notice to the Architect for the Owner's convenience and without cause. PAGE 15 § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses • directly attributable to termination for which the Architect is not otherwise 510.1 This Agreementshall be governed by the ompensated. laws of the state of Washington. Any action at law, suit in equity, or judicial proceeding arising out of this Coniractshall:beinstituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIIVIA;`Wasliingtori:' §10.4. 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 44 -fourteen (14) working days prior to the requested dates of execution:; If the Owner'requests •the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect' shall execute all such consents that are consistent with this Agreement, provided the proposed consent is'submitted to the Architect for review at least 44 -fourteen (14) working days prior to execution. The Architect shall not be°required to execute certificates or consents that would require knowledge, services or resporisibilities beyond the scope of this Agreement. § 10.8'If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business. proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to, any other person_except to (1) its employees, (2) those who need to know the content of such information in order to'`perform services or construction.solely and exclusively for the Project, (3) respond to legally enforceable requests for'disclosure of or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. For completion of the Police Substation Work described herein, a fixed fee not to exceed Thirty Thousand Dollars ($30,000.00), plus reimbursable expenses not to exceed Five Thousand Dollars ($5,000.00), allocated as follows: Needs Assessment/Space Analysis $10,000.00 Site Location Study Concept Design/Capital Funding Analysis PAGE 17 $5,000.00 $15,000.00 § 11:10d;An'initial payment of zero ($ 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 in the final invoice. §1t10.2 -Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty ( 60 ) calendar 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. Additions and Deletions Report for AIA Document 8101 TM — 2007 (formerly 8151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) PAGE18 Exhibit A Zais, Jr., City Manager Steve Simmons, AIA, President Additions and Deletions Report for AIA Document B101 TM - 2007 (formerly B1517" —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I,. , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:34:16 on 06/05/2008 under Order No. 1000342493_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B 101 TM - 2007 - Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:34:16 on 06/05/2008 under Order No.1000342493_1 which expires on 2/13/2009, and is not for resale. User Notes: (3628561555) • • LCA Architects June 2, 2008 Sue Ownby, Purchasing Manager City of Yakima. 129 N 2nd Street Yakima, WA 98901 Re: CITY OF YAKIMA • JAIL EXPANSION AND POLICE SUBSTATION PHASE 1— POLICE SUBSTATION FEASIBILITY STUDY RFQ 10804-P 1 LCA #08021.01 Dear Sue: Thank you for selecting LCA Architects to provide the City of Yakima with a Feasibility Study for a Jail Expansion and new Police Substation. We are pleased to submit a proposal for the first Phase of this project, the Police Substation Feasibility Study. As a part of our Phase 1 services our team is prepared to perform the following tasks: Needs Assessment I Space Analysis: • Familiarize ourselves with the routine police department operations in order to achieve a solid understanding of the City of Yakima's Police Department. Develop growth projections for Police Services affecting the West end of the City by meeting with designated police personnel to obtain current and projected staff positions for each specific department operating out of the proposed new west side substation. • Based on the projected staff utilizing the new substation we will identify and determine the number and types of spaces necessary to fulfill the Police Departments operational needs. We will then develop the specific space needs (current and future) based on typical planning data utilized on previous police facilities. We will also formulate the facilities site requirements, including parking and infrastructure needs necessary to support the expected activities, services and staffing. Site Location Study: • Determine and evaluate options for location of the new substation based on the criteria developed, including the evaluation of up to four potential developed and/or undeveloped sites within the stations proposed location centroid. :221 Si•roresfinc Ln tlr�isr„ iD 83702 208.345.6677 fox.208.344.9002 fr.4?@lcarth.cryin www, Icarch.cvn )CI Archltnrt. June 2, 2008 Sue Ormsby Yakima Jail and Police Study Page 2 Concept Design 1 Capital Funding Source Analysis: • Provide graphic conceptual site plans, floor plans and elevations for a new facility that will meet the projected needs of the police department. Provide approximate site development, property acquisition, construction, fumishings and potential operating costs for a new police substation. • Provide an analysis of options for Capital Funding sources for the new proposed police substation As a part of this Phase of the project LCA will make up to six visits to Yakima for design workshops, including a presentation to the City Council of our findings. We are proposing a fixed fee of Thirty Thousand Dollars ($30,000.00), plus reimbursable expenses not to exceed $5,000.00. • Needs Assessment / Space Analysis $10,000.00 • Site Location Study $ 5,000.00 • Concept Design / Capital Funding Analysis $15,000.00 We recommend waiting until the Jail Expansion Study Phase is initiated before we conduct a Community Support Study. Combining the studies will save the City a lot of extra time, effort and money. Future phases may include but are not limited to the following: Jail expansion feasibility study; Community support study; Police substation architectural/engineering design and construction phase services; Jail expansion architectural/engineering design and construction phase services. Should you have any questions or would like to review or discuss this scope of work, please call. We are looking forward to working with you on this project and once again express our appreciation for selecting LCA Architects, P.A. Sincerely, LC Architects, PA Russell Moorhead, AIA Yaldma City Poise Suboalion Study • Lombard -Conrad Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 ix: 208.344.9002 • CITY OF YAKIMA Request for Qualifications No. 10804 70. novido RFQ 10804/Page 1 of 14. January 28, 2008 • Notice to Proposers Request for Qualifications No. 10804 Notice is hereby given by the undersigned that sealed Requests for Qualifications and Proposals will be accepted in the office of the Yakima City Clerk, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 PM, February 29, 2008 and Respondents names will be publicly read for: City Jail Expansion and Police Substation Feasibility Study. The City of Yakima has set aside up to $80,000 to hire the most qualified firm to conduct a Feasibility Study to ascertain what the best recommended design would be to expand the existing jail and build a Police Substation on the West end of city limits. The selected primary consultant, individually or in conjunction with subcontractors, will work with the City to provide a scope of work as listed in the RFQ package. Request for Qualification Packets are available in the office of the Purchasing Manager, City Hall, Yakima, Washington. 509-575-6093. The City of Yakima reserves the right to reject any and all RFQ's: Dated this 25th day of January 2008. (Seal) Sue Ownby, CPPO Purchasing Manager Publish on January 28th and January 29th 2008 Acct: 10948 RFQ 10804/Page 2 of 14 TABLE OF CONTENTS Notice to Proposers 1. Purpose 4 2. Definitions 4 3. RFQ Administration 5 4. RFQ Coordinator 5 5. Preliminary RFQ Schedule 5 6. A Brief History and Description of Existing Facilities 5 Schedule I -Expand Existing Jail 5 Scope -Schedule 1 7 Schedule 2 -Police Substation 8 Scope -Schedule 2 9 7. Deadline for delivery of Qualifications 9 8. Phase One 10 9. Phase Two 10 10. Phase Three : 10 11. Qualification Documents 11 12. Qualification Requirements 12 13. Evaluation by Analysis Committee, - 12 14. Post Evaluation Events 12 15. Other Information 13 16. Applicants Cost to Develop Qualification Packet 14 RFQ 10804/Page 3 of 14 CITY OF YAKIMA REQUEST FOR QUALIFICATIONS NO. 10804 JAIL EXPANSION AND POLICE SUBSTATION FEASIBILITY STUDY This Request for Qualifications (RFQ) invites responses from consultants interested in preparing a Feasibility Study for jail expansion and a police substation. 1. PURPOSE: The City of Yakima has set aside up to $80,000 to hire the most qualified firm to conduct a Feasibility Study to ascertain what the best recommended design would be to expand the existing jail and build a Police Substation on the West end of city limits. The selected primary consultant, individually or in conjunction with subcontractors, will work with the City to provide a scope of work as listed in the RFQ package. 2. DEFINITIONS: A. City The City of Yakima, Washington, and its departments. B. Applicant The person or firm submitting the proposal. C. RFQ The Request for Qualification, including any amendments or other addenda hereto. In case of conflict between the RFQ and exhibits, the RFQ governs. D. Selection Committee The RFQ Selection Committee (SC) is comprised of the RFQ Coordinator (named in section 4) and other City staff. E. Qualification Packet The materials submitted by each Applicant in response to the RFQ, including all attachments. RFQ 10804/Page 4 of 14 • • • 3. RFQ ADMINISTRATION: Upon release of this RFQ, all applicant communication should be directed in writing to the RFQ Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding on the City. 4. RFQ COORDINATOR: Sue Ownby, CPPO Purchasing Manager City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-576-6695 Email: sownby@ci.yakima.wa.us PRELIMINARY RFQ SCHEDULE (may be revised as needed) Date RFQ Released January 28, 2008 Qualification Packets Due - 2:00 P.M. February 29, 2008 Interviews March 10 -12, 2008 Faxing or mailing of letters to successful applicants April 1, 2008 Proposed Start Date April 15, 2008 The successful applicant will be offered the opportunity to enter into an agreement with the City of Yakima to provide consultant services. Applicants should enclose a copy of their proposed agreement. For the City of Yakima's own bestinterest, the City Manager reserves the right to accept or reject any or all applicants. 6. A BRIEF HISTORY AND DESCRIPTION OF EXISTING FACILITIES: The City of Yakima is located in a beautiful and historic agricultural valley. The county seat, it provides a variety of services and resources for the city's own 83,731 residents and the county's 240,000. SCHEDULE I — EXPAND EXISTING JAIL FEASIBILITY: RFQ 10804/Page 5 of 14 The Yakima Legal Center houses the Police Department, Legal Department, Municipal Courts and the Jail. The Yakima City Jail was built in 1995-1996. The facility has a modular, indirect supervision design with a layout that provides direct views into all housing units from inside a single secure control room. Remote viewing with digital recording capability. enables enhanced, supplemental observation throughout the facility. A security corridor separates the control room from the housing units, allowing corrections staff to isolate and deal with each housing unit individually if desired. Double door, mantrap type entrances access the interior security corridor from the sally port/receiving garage and from the Patrol section of the police department. The control room can only be accessed from a secure police department hallway and cannot be entered from inside the jail itself. The control room door is operated from within the control room, adding an additional layer of security. The original design was intended to house up to seventy-two (72) male inmates in five separate housing units. Three of the housing units are purpose built, general population pods that house inmates in dormitory fashion with bunks for sixteen inmates, tables for eating, lavatories and shower facilities in each unit. One housing unit is designed for special needs inmates, high security inmates and inmates with disciplinary problems. It consists of eight individual cells, each of which contains two bunks. The cells are located on two levels, making this housing unit the only portion of the facility that is not on a single level. In addition to lavatory facilities in each cell, this unit contains a shower and tables for eating in the common area. The trustee housing unit contains eight beds in a dormitory setting, together with a small day room and restroom facilities. The jail has since been upgraded to allow for a maximum population of eighty-one, with the addition of two mattresses to the floors of each general housing unit and the high security housing unit and one additional mattress in the Trustee unit during peak periods as required. Other features of the jail include a kitchen staffed by trustee labor, a laundry staffed by trustee labor, holding rooms, a padded room for inmates in crisis, an exercise yard, a property and supply room and visitation facilities. The jail also includes two separate offices, one of which accommodates supervisory, administrative and medical staff. The other houses the Electronic Home Monitoring Specialist and equipment. The office facilities are located in the Police Department, but outside the hardened shell of the jail structure. RFQ 10804/Page 6 of 14 Jail Staff includes a Police Lieutenant, serving as Jail Administrator, three Corrections Sergeants, eleven Corrections Officers, one Administrative Corrections Specialist and one Electronic Home Monitoring Specialist. A physician supplies medical services on a contract basis, directing nurses that specialize in providing service in a correctional setting. Central Washington Comprehensive Mental Health provides mental health services to inmates requiring such assistance. Shifts run from 6:00 A.M. to 2:00 P.M., 2:00 P.M. to 10:00 P.M. and from 10:00 P.M. to 6:00 A.M. Each shift is supervised by a Corrections Sergeant. The first and second shifts maintain minimum staffing of three Corrections Officers, while the last shift has a two officer minimum staffing level. Additional officers provide prisoner transportation and support on the first shift, while courtroom security is provided by off-duty Corrections Officers on an overtime basis. The City Jail is capable of providing housing at a rate of between 21,000 and 25,000 bed -nights per year, while an additional 19,000 to 21,000 bed -nights are provided through contracts with four other jails including the Yakima County Department of Corrections, the Wapato City Jail, the Toppenish City Jail and the Sunnyside City Jail. SCOPE - SCHEDULE 1 — JAIL EXPANSION The successful vendor will be asked to design a facility that will meet the following minimum general requirements: a) Additional One hundred sixty-three (163) bed capacity facility, compatible for joint operation with the existing eighty-one (81) bed facility. b) Central control room that can only be accessed from a secure portion of the facility. • Control room must allow the control Officer both direct and remote viewing of all housing units and security areas of the facility and remote viewing of exercise yards, sally port and secure parking lot. • Security zone/corridor between the control room and the housing units/pods. c) Separate male and female wings, including separate exercise yards. RFQ 10804/Page 7 of 14 • Male wing with capacity to house One hundred twenty (120) male prisoners in manageably sized housing units. d) Female wing with capacity to house forty (40) female prisoners in manageably sized housing units. • Medical Unit with three (3) bed capacity. e) Support facilities to include kitchen, laundry, offices, rest rooms, equipment room, medical . examination room(s), break room, booking room, holding rooms, padded/rubber rooms, visiting rooms, shipping, receiving and storage areas : NOTE: Single level designs are preferred; however a two (2) floor design may be acceptable, so long as ALL housing units can be directly observed from the control room. Direct supervision design concepts will not be considered. SCHEDULE 2 — POLICE SUBSTATION FEASIBILITY: The current Police Substation 'at the Yakima Airport is inadequate for two primary reasons. It is located too far South and East to efficiently provide Patrol resources to the West half of the city, in the event of emergencies. Further, the present facility does not posses the size or infrastructure to satisfactorily support the officers currently deployed there and does not allow for future growth. At present, the city limits extend from 18th Street on the East to 96th Avenue in the West and from Ahtanum Road in the South to the Naches River on the North. The main police station is well situated to provide rapid service from the East side of the city to roughly the center of the city. It is situated too far East for officers to respond from the station to locations farther West within acceptable time limits however. This is particularly true during times of heavy traffic congestion, railroad activity, etc. The City has leased a small facility at the Yakima Airport that serves as a substation in order to provide a presence further West. While. better situated to serve West Yakima than the main police station, the sub -station remains seventy-two (72) blocks East of the Western most city limits and it remains near the Southern edge of the City. Despite notable improvement, delayed responses to the Western and Northwestern portions of the city still occur as a result. The capacity of the current substation to support the officers presently assigned there remains seriously inadequate. At this RFQ 10804/Page 8 of 14 • • time, half the Patrol Division (roughly forty officers) operates out of this facility, despite the fact that locker space is limited. There is only one, single stall, unisex restroom at the location. There are no shower or gym facilities available at this facility. There are no prisoner holding facilities or interview rooms and there is little or no storage capacity for equipment and supplies. There is no armory, forcing officers to store half the Patrol Division's weapons and ammunition in a single safe without sufficient space to protect equipment from inadvertent damage. Additionally, the parking areas for police cars and private vehicles is limited and lacks security, while there is no provision for parking major vehicle assets (SWAT, Negotiators, Mobile Operations Center)that are required for significant emergency situations. The shortcomings of the current substation have become progressively more serious with the ongoing growth of the City and the expansion of the police department. A facility capable of efficiently supporting up to seventy-two (72) officers and support staff in the western third of the city is going tobe vital in order for the department to provide effective service to this area in coming years. SCOPE — SCHEDULE 2 — POLICE SUBSTATION The successful vendor will be asked to design a facility that will meet the minimum requirements: a) Location shall preferably be no farther South than Nob Hill Boulevard, no farther North than Summitview Avenue, no farther East than 40th Avenue, and no farther West than 80th Avenue, inclusive of both sides of the street. b) Minimum employee capacity of sixty (60), with an optimal capacity of seventy-two (72) to include fully equipped locker room facilities. c) Secure parking for employee and department vehicles. d) Sufficient land to house significant Public Works and Transit assets should this option prove desirable. 7. DEADLINE FOR DELIVERY OF QUALIFICATIONS: One original proposal, with five (5) complete copies, shall be sealed and must be delivered no later than 2:00 P.M. PST, February 29, 2008 to: City of Yakima Clerks Office 129 No. 2nd St. Yakima, WA 98901 RFQ 10804/Page 9 of 14 Proposal packages must be marked: RFQ No. 10804, Jail Expansion/Police Substation Feasibility Study. QUALIFICATIONS RECEIVED AFTER 2:00 P.M. PST, ON THE DATE LISTED ABOVE WILL NOT BE ELIGIBLE FOR CONSIDERATION. THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Proposals, which do not include all requested information and required documentation, may be considered non-responsive. 8. PHASE ONE • A Market Study to gauge effective demand for an expanded jail and a new Police substation, in terms of area demographics, existing facilities, potential inmates/employees and service area, and to identify the type of facility, and features that would best serve local needs. • A Site Location Study to determine the optimum location for the Jail Expansion and a Police Substation with reference to market study results, size constraints, parking, infrastructure, acquisition costs, construction costs and other relevant variables. Locations of proposals for the Jail Expansion should be restricted to land currently owned by the City at and around the existing jail, or new acquisitions (including Right -of -Way) no farther away than 1/2 block. • A Financial Analysis to determine the profitability of a Jail Expansion and a Police Substation, relative to the given market, projected inmates and employees, revenue generation, operational costs, cost efficiencies, and capital expenses. This study will also evaluate the benefits to local governmental jurisdiction compared to the costs that would be incurred. • A Capital Funding Source Analysis to identify options for funding the capital costs of a Jail Expansion and a Police Substation and assessing the benefits and liabilities of those options. 9. PHASE TWO A Concept Design that will integrate extensive participation on the part of all stakeholders to produce a design study incorporating site location, specific facility RFQ 10804/Page 10 of 14 • • • • features, space utilization, construction estimates and a proposed development schedule. Expected outcomes from Phase Two will be public design meetings and presentations, a preliminary project budget and presentation drawings of the site plan, and enlarged concept building plans. 10. PHASE THREE • A Community Support Study, provided the results of Phase One and Phase Two are favorable, to produce a thorough and careful analysis of current community conditions and support for the Jail Expansion and Police Substation. Such a study will only be required if the proposed funding package includes a public vote. This study will determine if citizens will support the capital construction costs, maintenance and operation and ongoing support of the Jail Expansion and Police Substation in the event that it becomes necessary to take funding measures to a vote. The outcome will include development of a comprehensive community education and consensus building campaign. 11. QUALIFICATION DOCUMENTS Qualification Requirements: Qualifications may be in the form of a letter, and should include a copy of the applicants resume. The submitted Qualifications should be prepared simply, providing a straightforward, concise delineation of the approach and capabilities necessary to satisfy the requirements of the RFQ. Emphasis in the qualification packet should be on completeness, clarity of content and adherence to the presentation structure required by the RFQ. 12. QUALIFICATION REQUIREMENT Applicants should address the following areas in their letter: Experience: (1) Explain the qualifications your firm has to complete all phases of the feasibility study. (2) Identify members of your team who will work on the project, along with their resume. RFQ 10804/Page 11 of 14 (3) Describe your experience providing feasibility studies for similar type studies. Similar Work References: List three professional references (with addresses and phone numbers) who are able to provide information regarding your ability to perform this type of feasibility study. Recent Work References: List the LAST three companies you have done business with (these do not necessarily need to be Law Enforcement Related). 13. EVALUATION BY ANALYSIS COMMITTEE: All qualification packets will be screened to determine whether the minimum requirements of the RFQ are met. The Selection Committee (SC) will then evaluate those applicants who meet the minimum RFQ requirements. A. Qualification Evaluation Criteria: The following are the criteria which will be used in the selection of applicants. A maximum score of 100 points will be used to evaluate applicants. Each of the following elements shall have the stated maximum point value: �o w�la' •'^�.''%?� ° "''.' ..l+^•' w�`yr.0 : �`: 'tryw: °' h _ "; 2a ',�M�tii':. •, =2" `,"gt'v'K`"�.'""w•: r;?.ti'.g� sx': ��: w. .. ,�i-,. `g'�° ' �;*4.� is vi�^5: '?iw; ¢�'. r-� �.�r, �,�: ..&` .��� F�,,, a,...i ,y. ,. Lz..y Nrer " "°#�`�^.3, ;4 4.+'''*"A�. qui- t= k. �� � ualificatior��anc%Ex • erience.,:... �� ��er �,�;��;L�;„�-� � ,_,, . �� ��.. _. �' _.�.... � :"+^f.s:'c�s:k-i`'-`�"K�f,:'4«.i"%it ,%4i }?t" �� � �..,� t�, Points (1) Innovation/Ideas 30 (2) Key Personnel Experience 30 (3) References 15 (4) Relevant Experience 15 (5) Proposal Appearance 10 TOTAL 100 14. POST EVALUATION EVENTS: The Selection Committee (SC) intends to complete contract negotiations with the successful applicant and execute all contracts during April, 2008. RFQ 10804/Page 12 of 14 • s • 15. OTHER INFORMATION: A. Reservation: The SC reserves the right to revise the RFQ schedule, to revise the RFQ and/or to issue amendments to the RFQ. The SC also reserves the right to cancel or to reissue the RFQ in whole or in part prior to the execution of a contract. The SC also reserves the right to refrain from contracting with any and all applicants. The release of the RFQ does not compel the SC to enter into any contract pursuant to the RFQ. Applicants may withdraw or supplement their responses at any time prior to the response closing date and time. To accomplish this, a written request signed by an authorized representative of the applicant must be submitted to the RFQ Coordinator. B. Applicants' Questions: Any person contemplating submitting an RFQ who is uncertain as to the intended meaning of any part of the RFQ or other contract documents, or who finds discrepancies in, or omissions from the RFQ may request interpretation, clarification, or correction of this RFQ. Such request must be in writing and must be delivered to the RFQ Coordinator by mail, e-mail, or hand delivery not later than ten (10) calendar days before the deadline for delivery of RFQ. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFQ will be made only by written addendum and will be mailed or delivered to each person receiving this RFQ. Any information given to any proposer concerning the solicitation or any changes to the RFQ shall be provided in writing to all proposers to ensure that all proposers receive the same information relating to the RFQ. The City will not be responsible for any other interpretation, clarification, or correction of this RFQ. Proposers must acknowledge receipt of any addenda received in their response by either stating they received the addenda, or returning said addenda with their response. Each proposer should verify that it has received all addenda to this RFQ by direct inquiry to the City Contact Person before submitting proposals. C. Modification of Qualification Packet: Applicants may modify their qualification packet after the submission date only if the modification is consistent with the fair treatment of other interested providers. The SC has the sole discretion to allow an applicant to correct a mistake. D. •Clarification of Responses: As part of the evaluation process, and at the discretion of the SC staff, applicants may be asked to clarify specific points in their respective responses. The SC reserves the right to request oral interviews of applicants. RFQ 10804/Page 13 of 14 16. APPLICANTS COST TO DEVELOP QUALIFICATION PACKET: Costs for developing qualification packets in response to the RFQ are entirely the obligation of the Applicant and shall be chargeable in any manner to the City. RFQ 10804/Page 14 of 14 • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /0 For Meeting of June 10, 2008 ITEM TITLE: Consideration of a Resolution Authorizing the Execution of an Architectural Services Agreement Between the City of Yakima and LCA Architects, P. A. for the Purpose of Performing a Feasibility Study Addressing the Need and Advisability of Replacement of the Existing Yakima Police Department Substation. SUBMITTED BY: Samuel Granato CONTACT PERSON/TELEPHONE: Chief Samuel Granato-575-6211 Lt. Gary Belles -576-6547 Jeff Cutter -575-6030 SUMMARY EXPLANATION: In October 2007 the City Council directed City Staff to send out a Request for Qualifications (RFQ) to architectural firms capable of performing a comprehensive feasibility study of the need and advisability of replacing the Police Substation that is currently located at the airport and for expansion of the Yakima City Jail. LCA Architects, P. A. of Boise, Idaho was selected as the firm most suited to conduct the study. It is the joint recommendation of the Public Safety Committee and City Staff that the feasibility study be conducted in two phases, with that of Sub -station replacement to occur first, while the possibility of partnering with other jurisdictions for the purpose of jail expansion is explored further. The attached resolution would authorize the City of Yakima to enter into an architectural services agreement with LCA Architects for the purpose of conducting the Police Substation phase of the feasibility study, with an expected cost of up to $35,000. Additionally, the resolution would authorize the City Manager to sign and execute the Agreement on behalf of the City. While funds for this project have been identified, no appropriation authorizing their expenditure has yet been made. An appropriation will be forthcoming if the Council elects to enact the resolution. Resolution Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends approval. BOARD/COMMISSION RECOMMENDATION: Council Public Safety Committee Recommends approval. COUNCIL ACTION: