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HomeMy WebLinkAboutR-1997-130 Yakima Center; Traho Architects, Inc.• RESOLUTION NO. R-97- 130 A RESOLUTION authorizing the amendment of an agreement for professional architect services between the City of Yakima, a municipal corporation, and Traho Architects, Inc. WHEREAS, the City of Yakima owns and operates the Yakima Center facility in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City entered into an agreement with Traho Architects, Inc. for professional architect services on October 17, 1995; and WHEREAS, Traho Architects, Inc. has requested and additional fee for design services of said facility; and WHEREAS, an amendment to the agreement with Traho Architects, Inc. is in the best interest of the City of Yakima, Now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized to approve the attached request for additional fees with Traho Architects, Inc. for the City of Yakima . ADOPTED BY THE CITY COUNCIL this 5-r l day of OC-ra. ,1997. ATTEST: Karen S. Roberts, City Clerk Lyn uchanan, Mayor a4 Ay 0 INC:` ARCHITECTS, P.S. September 10, 1997 Glenn Rice, Assistant City Manager City of Yakima 129 North Second Street Yakima, Washington 98901 Re: Yakima Center Expansion City of Yakima Architect's Project No. 95-21 Dear Glenn: P.O. BOX 1644 YAKIMA„c.,'WOFx1INGT('V 98907 (509) 452-0009 ) 452-0578 As we near completion of the Yakima Center Building Expansion Project, it is a real pleasure to see all of the extra time and efforts of the advisory committees, city staff, architects and engineers coming to fruition. We have had a very good working relationship between the contractor, architect and city representative which has allowed us to work through a multitude of issues involving scheduling, additional work and unknown conditions on the existing building. This team effort and attention to detail has really paid off for the City in the success of designing and building a beautiful new facility. Throughout the building process of dealing with these additional work items and unknown conditions, our primary goal has been the City's best interest. We have been able to save the City additional money by changing the C.M.U. color, wood trim, installation of vinyl wall covering, reusing existing ductwork and changing the carpet while still providing the best products for the building. We have continuously reyiewed the Contractor's proposed costs for changes and cut back several excessive costs and mark-ups before approving them. We have also thoroughly reviewed unknown conditions and utilities on the existing building to determine the most cost effective solution for the City. In the case of the kitchen sewer sump pump solution proposed by the Contractor, we were able to find another solution and saved the City over $6,000.00. In the case of the electrical floor boxes, we were able to design an alternate cover to more closely meet the Center's needs at no change in cost. In the case of the $80,000.00 claim by the mechanical subcontractor, through research, we were able to negate the claim and avoid any attorney involvement. Throughout the Construction Phase, we have endeavored to maintain the operation of the existing building and to complete the additional work items as close to MEMBER AMERICAN INSTITUTE OF ARCHITECTS KENNETH G. ORMBREK, A.I.A. ARCHITECTS, P.S. YAKIMA CENTER EXPANSION City of Yakima Architect's Project No. 95-21 P.O. BOX 1644 YAKIMA, WASHINGTON 98907 (509) 452-0609 FAX: (509) 452-0578 Original Construction Contract Amount $4,366,150.00 (not including WSST) Change Orders (not including WSST) 1. Change Order No. 1 Less deductive changes A, F & 0 $70,771.33 6,513.00 $77,284.33 2. Changes Order No. 2 $0.00 (separate agreement) 3. Change Order No. 3 Less Kitchen Work Less Deductive Changes $56,366.29 (9,761.04) 6,522.00 $53,127.25 4. Change Order No. 4 $32,148.93 5. Change Order No. 5 $90,000.00 Exterior Banners and Sign $18,000.00 TOTAL CONSTRUCTION COST RELATED TO A/E FEES $4,636,710.51 MEMBER AMERICAN INSTITUTE OF ARCHI 1 ECTS KENNETH G. ORMBREK, A.I.A. Mr. Glenn Rice • City of Yakima Yakima Center Expansion Architect's Project No. 95-21 September 10, 1997 Page 2 the original schedule as possible. We have also continued to provide A/E supervision through the extended construction period beyond the completion date. As we near the end of the construction project, we ask that the City review all of the additional work and changes needed for the project and consider this request for fees on the additional work we provided. The original fee was based on 7% of $4,500,000.00 (construction cost not including WSST) = $315,000.00. Currently, the construction contract amount is $4,699,302.00. With the remaining change orders and additional work, the total related A/E fees are expected to be approximately $4,636,710.00 (not including WSST). Our request is for an additional fee in the amount of 7% of the increased construction cost from the changes and additional work. Final Construction Cost $4,636,710.00 (less kitchen work and deductive change orders - see attached) Construction Cost Budget for Fee $4.500,000.00 Increased Construction Cost $136,710.00 Additional Fee Requested $136,710.00 x 7% = $9,570.00 Attached is a copy of the Owner/Architect Agreement for your reference. We also hope you will consider our previous request and letter dated November 12, 1996 (copy attached). Sincerely, Kenneth G. Ormbrek, AIA KGO/tic Enclosures Approved By: City of Yakima, Washington l4 \1. City Manager ATTEST : City Clerk City Contract No._/G'/ Resolution No._ 97I3Q p.c:: Jim Jansen • City's Project Representative Dated.:^ ti? ¢'. 3_14197 j 197 OCT -11-1995 09:38 PAHO INC. 1 509 452 0578 P.02/05 ARCHITECTS, P.S. October 17, 1995 The Honorable Mayor Pat Berndt and Members of the City Council City of Yakima 129 North 2nd Street Yakima, Washington 98901 RE: Yakima Center Expansion Scope of Work, Project Budget and Fees Dear Mayor Berndt and Council Members: P.O. BOX 1644 YAKIMA, WASHiN R ` 989(17 (509) 452.0609 FAX: (509) 452-0578 We have, enjoyed working with City of Yakima staff, the Center Advisory Con -unit -tee and Yakima Center's Executive Director during the past several weeks to clarify the scope of work anticipated for the expansion of the Yakima Center. This is a very positive and exciting project for the City of Yakima! Thank you for the opportunity to continue to participate in its development. The expansion concept now proposed in attached drawings will form the basis of the detailed design planning which is the next step in project development, This concept has been defined by a combination of existing facility conditions and the goals as previously studied and stated for expansion. Existing facility conditions include: • This project is the first phase of an anticipated two or more phase project. • The first phase must be built both in floor plan layout and physical construction, with the expectation that minimal change will be needed to accommodate the second phase of expansion. For example, the service rooms labeled 5, 8, 9, 10, 11 and 13 on the accompanying floor plan concept sheet are . necessary for the first phase of expansion; they are placed so that they will not be interrupted by Phase Two. QCT -11-1995 09 39 -RANO INC. 1 509 452 0578 P.03/05 Mayor Pat Berndt and City of Yakima Council Members October 17, 1995 Parc 2 • The location and size of the existing kitchen exerts a major influence over construction costs / budgeting and the ultimate floor plan layout. Any work to this area in Phase One must be to the greatest extent feasible, be reusable for Phase Two. • The existing electrical service should remain in its current location on the west side of the building; changing this location would be very costly and create difficult construction scheduling issues. • The Phase One project should have construction sequencing that creates the least possible interruptions to ongoing activities at the Yakima Center; the Center will remain operational. • It is cost effectiveto reuse the three existing building entries; it is also very possible to make the expanded floor plan functional with this reuse. • The existing ratio of width to length for the facility's contiguous event space is close to the maximum for effective use of these rooms. As the contiguous area is increased in the Phase One expansion, the floor plan layout and physical construction must allow for a wider room arrangement in the Phase Two expansion. Thus, the H-2 Floor Plan Concept for the ultimate second phase of expansion shows the rooms labeled Number One, at an increased width. • Another factor establishing design parameters is the decision not to cross North 8th Street. Thus, the expansion is planned to the north within the existing site property boundary. • The Phase One expansion project will not create the need for more parking spaces; adequate parking per the Urban Area Zoning Ordinance will still be available. Parking requirements will need to be reexamined when Phase Two is planned. Goals as previously studied and stated for expansion of the Yakima Center include: • A desire for a flexible floor plan layout to accommodate multiple, simultaneous events. OCT -11-1995 09:40 AHO INC. 1 509 452 0578 P.04/05 Mayor Pat Berndt and City of Yakima Council Members October 17, 1995 Pagc 3 o The provision of more and smaller breakout (conference) rooms. Addition of the maximum area possible, within budget limitations, for new event space and to create the largest contiguous event space possible. Costs for the project have been broken down into two major categories: Construction and furniture, fixtures and equipment costs, including Washington State Sales Tax; and fees as indicated in Attachment 'A' to the Owner / Architect Agreement. Within these costs, remodel of the existing facility and new construction are combined to an estimated $4,500,000.00. The ultimate size of the new addition is dependent upon the extent of costs attributed to remodeling. Furthermore, the extent of remodeling costs are dependent upon the extent of cost attributed to expanding, upgrading and equipping the kitchen. Design decisions will carefully analyze all these factors as the project proceeds. The total size of the addition to the north is projected to be in the range of 15,000 to 20,000 SF. Of this area, approximately half will be new event space and lobby / pre -function space and about half, support space, reflecting the average ratio of net assigned to gross sqi ire feet for convention center facilities. A preliminary project schedule is included with this letter, reflecting input from City of Yakima staff and Yakima Center's Executive Director. We look forward to continuing our work on the expansion of the Yakima Center, with your continued support and enthusiasm. Sincerely, Barbara A. Cline, AIA BAC/mrw Enclosures OCT -11-1995 09:40 2AHO INC. 1 509 452 0578 P.05/05 ARCHITECTS, P.S. October 17, 1995 P.O. BOX 1644 YAKIMA, WASHINGTON 98907 (509) 452-0609 FAX: (509) 452-0578 YAKIMA CENTER EXPANSION Estimated Project Schedule • A/ E Contract Approved October 17, 1995 • Kitchen, Building Design and Budget Decisions Complete December 30, 1995 • Construction Documents Complete April 19, 1996 • Out to Bid May 1, 1996 • Bid Opening June 3, 1996 • Contract Award June 17, 1996 • Construction Complete June 20, 1997 OCT -12-1995 13:14 TRAHO INC. 1 509 452 0579 P.02/06 Yakima Center Expansion Fee Negotiation • Project Budget October 17, 1995 $6,000,000 Total Project Costs CONSTRUCTION COSTS Note: Costs escalated to assumed mid -construction date December 1996 at 4.5% per year; total 7% escalation. 1. Remodel of Existing Facility $1,511,570 a. Upgrade existing Rooms A (1,575 SF), B (1,575 SF), C (5,580 SF), and D (5,850 SF) to create divisible rooms as follows: (2) at 1,012 SF; (1) at 1,060 SF; (3) at 1,260 SF; (1) at 5,845 SF. Includes major HVAC and electrical revisions and finishes. 14,580 SF gross area x $80.11/SF1 b. Upgrade Existing Lobby 3,550 SF x $30.00/SF c. Kitchen Remodel $1,168,070 $106,500 • 1. Assume the kitchen expands by reassignment of existing rooms to the north and that existing electrical service remains where it is now; new loading dock is included in new construction costs below. Assume caterer will provide finish material and electrical upgrade improvements to all rooms occupied by kitchen use. 2. Assume allocation for new kitchen equipment, lump sum. $200,000 OCT -12-1995 13 15 Yakima Ccntcr Expansion Fee Negotiation ® Project October 17, 1995 Page 2 TRAHO INC. 1 509 452 0579 P.03/26 3. Assume caterer will be responsible for all equipment and / or kitchen remodeling costs above $200,000 allocation. if this assumption changes, the budget for remodeling the existing facility and / or the budget for the new addition, will have to be adjusted. 4. Provide Butler's Pantry as part of new construction multi -use storage area. Lump sum: $25,000 d. Remodel Conference Room to create administrative offices. 550 SF x $20.00/SF $11,000 e. Signage $1,000 2. New Construction , Addition to the North New floor plan will be configured to allow future expansion and assumes no work to existing building entries. Operable Walls: STC 50 250 LF x 22' High = 5,500 SF x $54.85/SF $301,675 b. Gross Area of Addition 1. 19,055 SF x $141.00/SF3 $2,686,755 S2,988,430 2. Net event space of (2) rooms each at approximately 4,460 SF plus lobby / pre -function at 3,150 SF. 3. Proposed new event space configuration allows ± 18,545 SF of contiguous floor area and various combinations of room sizes for simultaneous events. If deletion of proposed operable walls is considered as a budget trade-off to construct more new space, the room configuration possibilities will be affected. SUBTOTAL • Items No. 1 and 2 54,500,000 3. Washington State Sales Tax @ 7.9% of 54,500,000 5355,500 TOTAL Construction Costs 54,855,500 QCT -12-1995 13: 15 rR1,4-10 INC. Yakima Center Expansion Fee Negotiation • Project ()etcher 17, 1995 Page 3 1 509 452 0578 P.04/06 4. Furniture, Fixtures and Equipment $417,195 a. Re -upholster existing 1,220 chairs @.$60.00fEach $73,200 b. Equipment budget factor for new event space @ $28.50 per square foot event space. $28.50 x 12,070 SF2 $343,995 c. Equipment for existing building $0 5. Utilities Relocation by City S180,000 6. Artwork SO • The State Arts Commission 'A of 1% for art applies only for projects which are represented in the State's Capital Project Budget. Representation of this project is to be verified by the City of Yakima. 7. WSST (cry 7.9% on Items No. 4 and 5 (S597,195) S47,178 8. Project Contingency $162,327 9. TOTAL • Items No. 1 through 8 55,662,200 • .00T-12-1995 13:16 CRID140 INC. Yakima Center Expansion Fee Negotiation • Project October 17, 1995 Pagc 4 FEES 1 509 452 0578 P.05/06 1. Architectural / Engineering Fees a. New Construction: 7% x $4,500,000 (Based upon no major structural or detailed changes to existing facility.) 2. Asbestos Report (Mitigation / Removal Costs Unknown) 3. Mitigation Fees $0 4. Bid Document Reproduction $10,000 5. Project Administration by City $0 6. Topography and Boundary Site Survey $5,100 $315,000 $1,300 7. Geotechnical Investigation and Report to Determine Structural Loadbearing Capacity $1,900 8. Testing and Inspections by City; not included in A/E Contract $2,500 9.. Traffic Engineering / Parking Study $0 10. Sound System and Operable Wall Performance Criteria; Design Only $2,000 11. Kitchen Alterations Design $0 TOTAL Items 1-11 above $337,800 OCT -12-1995 13:16 :RANO INC. Yakima Center Expansion Fec Negotiation • Project October 17, 1995 Page 5 Interiors $24.96/SF x 14,580 SF Mechanical $20.14/SF x 14,580 SF Electrical $20.55/SF x 1,580 SF Subtotal $65.64/SF x 14,580 SF Contractor Overhead and Profit @ 15% Contingency @ 5% Escalate to December 1995 Change Orders @ 2.5% TOTAL 1 509 452 0578 P.06,06 $363,917 $293,641 $299,619 $957,177 $143,577 $47,859 $67,002 $23929 $1,239,544 $1,239,544 ÷ 14,580 SF = $85.02/SF This cost is based upon level of quality described in the Yakima Center Expansion Concept Design Report dated January 25, 1995. Suggest use of budget figure $80.11/SF for the purposes of this illustration, recognizing that design decisions and compromises remain to be made. 2 3 (2) rooms each at 4,460 SF plus lobby / pre -function at 3,150 SF = 12,070 SF. Foundation Superstructure Exterior Roofing Partitions / Walls Interiors Acoustical Finish Mechanical Electrical Sitework Subtotal $10.81 SF x 19,055 SF $19.00/SF x 19,055 SF $21.63/XWA x 12,500 $8.00/SF x 19,055 SF $9.22/SF x 6,900 SF $8.70/SF x 19,055 SF $7.00/SF x 4,770 SF $17.18/SF x 19,055 SF $12.98/SF x 19,055 Lump Sum Contractor Overhead and Profit @ 15% Contingency @ 5%, Escalate to December 1995 Change Orders ® 2.5% TOTAL $205,985 $362,045 $270,375 $152,440 $63,618 $165,778 $33,390 $327,365 $247,334 $245.229 S2,073,559 $311,033 $103,678 $145,149 $51.839 $2,685,258 $2,685,258 ÷ 19,055 SE = $140.92/SF Costs based upon level of quality described in the Yakima Center Expansion Concept Design Report dated January 25, 1995. T 'H )AMERICANN INSTITUTE C ARCHITECTS AIA Document B141 Sty ndard: For f greement etween Wner and rcftect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Seventeenth day of October in the year of Nineteen Hundred and Ninety -Five. BETWEEN the Owner: (Name and address) and the Architect: (Name and address) City of Yakima 129 North 2nd Street Yakima, Washington 98901 TRAHO, INC., Architects, P.S. 402 North 4th Street, Suite 302 Yakima, Washington 98901 For the following Project: (Include detailed description of Project, location, address and scope.) Yakima Center Addition and Alterations, Phase I 10 North 8th Street Yakima, Washington 98901 The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 9141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • A1A° • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 1 EDITOR'S NOTE From time to time, the AIA makes minor corrections and clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987 edition of B141 were made in Subparagraphs 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subparagraph 2.6.10 and Paragraph 4.5. See Section C of the Instruction Sheet for a detailed description of these changes. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT 1.1 ARTICLE 1 ARCHITECT'S RESPONSIBILITIES ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. . 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments. to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. • 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substan- tial Completion of the Work. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a mari- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that, to the best of the Architect's knowledge, informa- tion and belief, the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise 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 per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and .the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of 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. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. B141-1987 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both. Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitrati r as provided in this Agreement and in the Contract Documents. "legal action" ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond. the Architect's control, the Architect shall notify the Owner prior to com- mencing such services: If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. • 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction .over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project .provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. c : acteristics, legal limitations and utility locations for the site of th Project, and a written legal description of the site. The surveys d legal information shall include, as applicable, grades an. 'nes of streets, alleys, pavements and adjoining property an• structures; adjacent drainage; rights-of-way, restrictions, ease •ents, encroachments, zoning, deed restric- tions, boundaries . • contours of the site; locations, dimen- sions and necessary da :.ertaining to existing buildings, other improvements and trees; d information concerning available utility services and lines, bo * public and private, above and below grade, including inverts a . depths. All the information on the survey shall be referenced • a Project benchmark. 4.6 The Owner shall furnish the service •f geotechnical engi- neers when such services are requested by ' e Architect. Such services may include but are not limited to t- borings, test pits, determinations of soil bearing values, perc .tion tests, evaluations of hazardous materials, ground corrosion d resis- tivity tests, including necessary operations for anticipate sub- soil conditions, with reports and appropriate profess' al 4.6.1 The Owner shall furnish the services of other Consul- tants when such services are reasonably required by- the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 B141-1987 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow-. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over. the cost of labor,, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not .the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARBITRATION 7.1 Claim disputes or other matters in question between the parties to thi : greement arising out of or relating to this Agree- ment or breach q ereof shall be subject to and decided by arbi- tration in accordan.- with the Construction Industry Arbitra- tion Rules of the Ame '. an Arbitration Association currently in effect unless the parties tually agree otherwise. 7.2 Demand for arbitration 1 be filed in writing with the other party to this Agreement . with the American Arbitra- tion Association. A demand for arbit , tion shall be made within a reasonable time after the claim, dis. to or other matter in question has arisen. In no event shall the . - q and for arbitration be made after the date when institution of - :al or equitable proceedings based on such claim, dispute or .. er matter in question would be barred by the applicable statutes o tations. 7.3 No arbitration arising out of or relating to this Agr ent shall include, by consolidation, joinder or in any other m. r, AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 6 thi ::reement signed by the Owner, Architect, and any other person . entity sought to be joined. Consent to arbitration involving dditional person or entity shall not constitute consent to arbitr- 'on of any claim, dispute or other matter in question not describe. 'n the written consent or with a person or entity not named or de . 'bed therein. The foregoing agree- ment to arbitrate and other a: -ements to arbitrate with an additional person or 'entity duly co -nted to by the parties to this Agreement shall be specifically en e eable in accordance with applicable law in any court having jure :'ction thereof. 7.4 The award rendered by the arbitrator or arbitrate shall be final, and judgment may be entered upon it in accordant ith ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together:with Reimbursable Expenses then due. and all Termination Expensee ac defined in Paragraph 8.7. Basi . d Additional Services, and include expenses which are directly att table to termination. Termination Expenses shall be computed as .ercentage of the total compensation for Basic Services and Addit . • . Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total co • -nsation for Basic and Additional Services earned to dat ermination occurs before or during the predesign, site an or Tonal Services earned to date if termination occurs su e Design Development Phase; or .3 Five percent of the tot. . • -nation for Basic and Additional Services earned to dat- - mination 'duringany£ � ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set' forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this' Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and' to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if. the Owner has previously advised the Architect in writing of 7 B141-1987 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 1.1 •=r„• e as 1 sc is sc i cd as the direct salaries • • - Architect's personnel engaged on the Project and the portion of the : Of their mandatory and customary con- tributions and benefits re at-: •ereto, such as employment taxes and other statutory employee . - • insurance, sick leave, holidays, vacations, pensions and similar • •utions and benefits. 10.2 REIMBURSABLE EXPENSES e ,. .zsr_:.ese: ti - o -nces are in addition to c mpensa ti•. for Basic and Additional Services and include expenses incu ed by the Architect and Architect's employees and con- sultants ' the interest of the Project, as identified in the follow- ing Claus 10.2.1.1 Exp se of transportation in' connection with the Project; expense inconnection with authorized out-of-town travel; long-distanc communications; and fees paid for secur- ing approval of author' 'es having jurisdiction over the Project. 10.2.1.2 Expense of repr Drawings, Specifications an uctions, postage and handling of ther documents. 10.2.1.3 If authorized in advan by the Owner, expense of overtime work requiring higher thregular rates. 10.2.1.4 Expense of renderings, models . • d mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance cov age or limits, including professional liability insurance, reque ed by the Owner in excess of that normally carried by the Arc 'tett and Architect's consultants. 10.2.1.6 Expense of computer-aided design and draf 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to • the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services .and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT f 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) A fixed fee of 77 of the estimated cost of construction for both new construction and remodeling.- Fixed Fee: 7% x $4,500,000.00 = $315,000.00. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W:, WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 8 1.2.2 Where compensate in eac ase shall total the following percentages of the total Basic Compensation payable: (Insert additional p appropriate.) Does not apply. Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: percent ( %) percent( %) percent( %) nt ( %) percent ( Total Ba sic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2; compensation shall be com- puted as follows: See Article 12.3. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article •12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees. if required. Identify specific services to which -particular methods of compensation apply, if necessary) See Article 12.3. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of 110 percent ( 1.10) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of 110 percent (1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Twenty—Four •( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable Thirty ( 30 .) days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Twelve 'percent (12%) per annum. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Archi- tect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) - AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 9 8141-1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.5.3 The, rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in tbis Agreement.) 12.1 ,, Scope of Services and Fees per Attachment 'A'. 12.2 Fixed fees established for additional services and reimbursable expenses are included as follows: a. Asbestos Report $1,300.00 b. Bid Document Reproduction Allowance $10,000.00 c. Topography and Boundary Site Survey $5,100.00 d. Geotechnical Investigation and Report $1,900.00 e. Sound System and Operable Wall Performance Criteria; Design Only $2,000.00 12.3 Additional services will be agreed upon with a negotiated lump sum fee and schedule prior to commencement of said additional services or, at the Owner's option, additional services will be provided at an hourly rate (see Hourly Rate Schedule below) if approved by the Owner prior to the commencement of additional services, provided however, that there shall be no compensation for any Additional Services or Expenses incurred without the prior written authorization of the Yakima City Manager. Hourly Rate Schedule: Principal Architect: Associate Architect: CAD / Draftsperson: Architectural Administrator: Administrative Assistant: $80.00 $75.00 $60.00 $40.00 $35.00 12.4 Compensation Limitation Notwithstanding any other provision in this Agreement, Owner's total obligation to compensate Architect shall not exceed a maximum of $350,000.00 for all fees, tasks, services, time, costs and expenses of any kind or nature whatsoever, unless the Yakima City Council give express prior written authorization to exceed said $350,000.00 limitation. This Agreement entered into as of the day and year first written above. OWNER City of Yakima ARCHITECT TRAHO, INC., Architects, P.S. (Signature) Richard A. Zais, Jr., Manager (Printed name and title) Attest: 1 /��- City Clerk CITY CONTRACT NO. q /&5 i.�"qs /38) CAU fiUN: You shoula sign an original AiA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Kenneth G. Ormbrek, AIA, Principal (Printed name and title) AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 10 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. I 1 I i ___L___L._J L. ALTERNATE H -1B OCTOBER 1 1 , 1995 0 10 30 D:1 5845 1 --- r---� ILL o_ST 90 1 5810 6 EXISTING + NEW 1040 1040 1040 1 MAIN HALL 2 LOBBY/PREFUNCTION 3 COAT/STORAGE 4 A/V CONTROL/STORAGE 5 CUSTODIAL/MAINTENANCE 6 RESTROOMS 7 FOOD SERVICE 8 EMPLOYEE LOCKER/RESTROOMS 9 OPERATIONS OFFICE 10 SECURITY/FIRST AID 11 SHOW MANAGER 12 EQUIPMENT STORAGE 13 ELECTRICAL 14 DOMESTIC HOT WATER 15 LOADING DOCK PHASE 1 ADDITION AREA 25,000 SF Traho Inc., Architects, P.S. 402 N. 4th Street Suite 302 Yaktrna, Washington 96901 Phone (509) 452-0609 Yakima Center Expansion Yakima, Washington HNTB ARCHITECTS ENGINEERS PLANNERS HNTB CORPORATION A Howard AWdlas T minan 6 Bovendoff Company BBD *OWN IME NE SIRE 40.9. BEL-EVUE WAS4NGTON 98004 PHONE (MS) 486-3888 ALL DESIGNS. SPECIFICATIONS AND INFORMATION ARE INSTRUMENTS OF HNTB'S SERVICE. HNTB RESERVES SOLE COPYRIGHT TO ALL INFORMATION CONTAINED HERE—ON. • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /3 For Meeting Of 10/21/97 ITEM TITLE: Consideration of Resolution Authorizing the City Manager to Approve the Attached Request for Additional Fees to the Professional Architect Agreement with Traho Architects, Inc. for the Yakima Center Expansion Project Design. SUBMITTED BY: Glenn Rice, Assistant City Manage CONTACT PERSON/TELEPHONE: Glenn Rice, Assistant City Manager, 575-6040 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached resolution authorizing the City Manager to approve a request for additional fees to the Professional Architect Services Agreement that was executed on October 17, 1995 with Traho Architects, Inc. for the Yakima Center Expansion Project design. The reason for this fee increase is due to the additional work and savings Traho has produced outside the contract by reusing existing materials, modifying purchases and solving complicated problems of the existing structure that were unknown to the City. Additionally, through close management, we have saved considerable funds through the solution of potential problems that could have become expensive claims. Funding for this project is in the adopted 1997 Budget and has been assigned Project Number 1639. Traho is requesting an increase of $9,570. Resolution _ Ordinance _ Contract _ Other (Specify) Architects Request Funding Source 1997 Budget. Pr ''ect 1639 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing City Manager approve request for additional fees to the Professional Architect Agreement with Traho Architects, Inc. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: RAHOINC, ARCHITECTS, P.S. December 9, 1996 Mr. Glenn Rice, Assistant Manager City of Yakima 129 North Yakima Avenue Yakima, Washington 98901 RE: Letter of Understanding for Extra Services Kitchen Renovation and Expansion Yakima Center Expansion Dear Mr. Rice: P.O. BOX 1644 YAKIMA, WASHINGTON 98907 (509) 452-0609 FAX: (509) 452-0578 The purpose of this Letter of Understanding is to advise you of the total costs for the work on the above referenced project as follows. The maximum project cost for construction and architectural/engineering design fees, including Washington State Sales Tax and reimbursable expenses, is to be **Two Hundred Twenty Five Thousand and no/100 Dollars ($225,000.00)** A breakdown of these costs will be provided to you under separate cover. The architectural/engineering fee is to be invoiced to you on a monthly basis as work progresses. The construction costs and sales tax amounts will be added to the contractor's monthly application and certificate for payment as a change order item. If you have any questions or concerns regarding the above information, please advise as soon as possible and any necessary adjustments will be made. If the above terms meet with your approval, please sign and date the enclosed copy of this letter and return it to this office. Sincerely, enneth G. Ormbrek, AIA Attest: City Clerk KGO/tic ACCEPTED FOR CITY OF YAKIMA By: Title: Date: MEMBER AMERICAN INSTITU 1E OF ARCHI IECTS KENNETH G. ORMBREK, A.I.A. DEC -13-1996 10:04 TRAHO INC. 1 509 452 05H ARCHITECTS. P.S. October 25, 1996 KITCHEN RENOVATION AND EXPANSION YAKIMA CENTER EXPANSION P.O. BOX 1644 'YAKIMA, (509) 452-0609 FINAL COST ESTIMATE (Minimum Improvements) Existing Kitchen R ov_a_t,ion• • Demolition • Walls and Drywall • New Doors • Slab fox Freezer • Masonry • Repair Tile Floor • Carpet Office • Painting • i Acoustical • Clean-up • Plumbing • I1VAC • Fixe Sprinkler Modifications 14l ..t l SUBTOTAL $ 9,530.00 10,387.0() 3,750.00 3,816.00 800.00 1,320.00 864.0(; 5,748_00 996.00 1,020.00 29,500.00 21,800.00 3,000.00 QUA $150,031-00 • General Conditions n�1,Q%. �.-- $15,1/QQ. $165,034.00 SUBTOTAL contractor Overhead ayd Pis. t a 1 S°/n $24,7 5 UQ $189,789.00 SUBTOTAL • Architect and Engineering Fees @ 10% $18,979.00 • Was1 j tori State Sales Taj 7.9% 1 .9<J�.Q0 SUBTOTAL (. $223,761.00 ., I• 1 . 11°• TOTAL PROJECT ESTIMATE Funding needed if a contingency is included: $21,137.00. $246,137,0(3— MEMBER AMERICAN INSTITUTE OF ARCHITECTS KENNETH G. ORMBREK, ALA_