HomeMy WebLinkAboutR-2009-144 Wardell Architects Agreement - Demolition Work at City HallRESOLUTION NO. R-2009-144
A RESOLUTION authorizing the City Manager to execute a Professional
Services agreement with Wardell Architects for
demolition work on the third and fourth floors of City Hall
WHEREAS, the third and fourth floors of City Hall have been unoccupied and unusable
for any purpose other than storage space since 1975, and
WHEREAS, the original equipment including jail cells and HVAC units must be removed
in order to make efficient use of the space; and
WHEREAS, the hot water supply pipes on the third and fourth floors are covered with
asbestos insulation material that must be removed to bring the City into compliance with various
asbestos related state and federal regulations; and
WHEREAS, funding for this renovation project has been accumulating in the Public
Works Trust Fund (Reet 1) account for several years; and
WHEREAS, when the project is complete, the third and fourth floors of City Hall will be
available for expansion of much needed office and meeting space; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to sign the Professional Services contract with
Wardell Architects, and other documents as recommended by the City Engineer, to assess the
third and fourth floors of City Hall, and to oversee the clean up and demolition project through
completion.
ADOPTED BY THE CITY COUNCIL this 3rd day of
ATTEST:
ovember, 2009.
IP
� ` -
David E. er, 1 - I •
Init
tLAIA
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Document 81011" - 2007
Standard Form of Agreement Between Owner and Architect
AGREEMENT made as of the Twentieth day of October in the year Two Thousand Nine
(In words, indicate day, month and year.)
BETWEEN the Architect's client identified as the Owner:
(Name, legal status, address and other information)
City of Yakima
129 North 2nd Street
Yakima, WA 98901
and the Architect:
(Name, legal status, address and other information)
Wardell Architects, P.S.
509 West Chestnut
Yakima, WA 98902
for the following Project:
(Name, location and detailed description)
City of Yakima City Hall 3rd & 4th Floor Renovations
129 North 2nd Street
Yakima, WA 98901
Removal of non-bearing walls, fixtures, and other items on the 3rd and 4th floors of City
Hall. Installation of new windows on these two floors.
The Owner and Architect agree as follows.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Adddions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed. A
vertical line in the left margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.
This document has important legal
consequences. Consultation with an
attomey is encouraged with respect
to its completion or modification.
AIA Document @1011'— 2007 (formerly 131811' — 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All densreserved. 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 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
resale.
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Inst
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBIUTIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 . COPYRIGHTS AND UCENSES
8 CLAIMS 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
§ 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A. Initial
Information:
(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.)
Project Scope: Remove the following: existing non-bearing walls, including steel cell bars; miscellaneous
mechanical, electrical and plumbing fixtures no longer in service; remove electrical wiring back to panels; abate all
hazardous materials, including but not limited to asbestos containing materials; remove existing windows and replace -
with new double -glazed aluminum windows. Also remove existing unused chiller.
Abatement of hazardous materials shall be done in accordance with specification information prepared and supplied
by Fulcrum Environmental Consulting.
§ 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
.1 Commencement of construction date:
Unknown at this time, subject to development of schedule.
.2 Substantial Completion date:
Unknown at this time.
AIA Document B10111" — 2007 tformerfy B151'- -1997). Copyright 0 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 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
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Init
§ 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 RESPONSIBIIJTIES
§ 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 shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
§ 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:
(Paragraph deleted)
2.5.1 The Architect is responsible to the Owner for error and omissions resulting from the services performed under
this Agreement by consultants retained for this project.
2.6 Insurance Provisions: The Architect shall have and maintain the following :
2.6.1 Commercial General Liability: The Architect shall maintain Commercial General Liability coverage for
bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general -
aggregate limit shall apply separately to this Contract and be no less than $2,000,000.
2.6.2 Workers' Compensation: The Architect shall maintain workers' compensation insurance as required by
Title 51, RCW.
2.6.3 Automobile Liability: The Architect shad maintain Business Automobile Liability insurance with a limit of
not less than $1,000,000, each accident combined Bodily Injury and Property Damages. Coverage shall include
owned, hired and non -owned automobiles.
(Paragraphs deleted)
2.6.4 Professional Liability Insurance: The Architect shall maintain Professional Errors and Omissions Liability
Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit -
of at least One Million Dollars ($1,000,000.00). If requested, the CONSULTANT shall provide the City with an
insurance certificate clearly stateing 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 May 1, 2009, 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 hollowing 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 this Article 3 are Additional
Services.
§ 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.
AIA Document B101 T" — 2007 Sformerly 8161' —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 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010 and is not for
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§ 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 shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
§ 3.1.5 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
entities providing utility services.
§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project.
(Paragraphs deleted)
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owner's requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work. The Owner 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 the Architect shall 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.
§ 3.4.3 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 Conditions 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.
1 § 3.4.4 The Architect shall prepare an estimate for the Probable Construction Cost of the Work
§ 3.4.5 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 approval.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.1 GENERAL
The Architect shall assist the Owner in (1) obtaining either competitive bids; (2) confirming responsiveness of bids;
(3) determining the successful bid, if any; and, (4) awarding and preparing contracts for construction.
MA Document 8101' — 2007 (formerly 8151111— 1997). Copyright® 1974, 1978, 1887, 1997 and 2007 by The American institute of Architects. M rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale 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 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
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§ 3.5.2 COMPETITIVE BIDDING
§ 3.5.2.1 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.
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
(Paragraphs deleted)
§ 3.6 CONSTRUCTION PHASE SERVICES
§ 3.6.1 GENERAL
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth
below and in AIA Document A201 TM -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 this
Agreement unless the Owner and the Architect amend this Agreement.
§ 3.6.1.2 The Architect shall advise 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 responsible
for the Contractor's failure to per foil,* 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.
§ 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 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 ofthe 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 or completed. However, neither this authority of the Architect nor a decision made in good faith either to
exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing
portions of the Work.
AIA Document 8101 Tr — 2007 11ormeriy B151 T" —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 AIA5' Document, or any portion of it, may resutt 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 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
resale.
User Notes: (1329676664)
§ 3.6.2.3 The 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 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 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. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term
is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and
Contractor as provided in the Contract Documents.
§ 3.6.3 CERTIFICATES FOR PAYMEI'4T TO CONTRACTOR
§ 3.6.3.1 The Architect shall review and 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 for Payment, 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 deviations
from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
approval. The Architect'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.
§ 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 to rely
AM Document B101"' — 2007 tformerly 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 taw. This document was produced by AIA software at 09:24:23 on 10/13/2009 under Order No. 1000395370_1 which expires on 04/15/2010, and is not for
resale.
UserNotes'. (1329676664)
trait
upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by
such design professionals.
§ 3.6A.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information
about 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 shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.5 CHANGES IN THE WORK
§ 3.6.5.1 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.
§ 3.6.5.2 The Architect shall maintain records relative to changes in 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 Architect'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.
§ 3.6.6.3 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 Sum,
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.
§ 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 the Owner shall compensate the Architect 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. I f in an exhibit,
identify the exhibit.)
AM Document B1011° — 2007 Vonmerty 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 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
resale.
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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
Programming
NP
§ 4.1.2
Multiple preliminary designs
NP
§ 4.1.3
Measured drawings
NP
§ 4.1.4
Existing facilities surveys
NP
§ 4.1.5
Site Evaluation and Planning (B203114-2007)
NP
§ 4.1.6
Building information modeling
NP
§ 4.1.7
Civil engineering
NP
§ 4.1.8
Landscape design
NP
§ 4.1.9
Architectural Interior Design (B252T"4-2007)
NP
§ 4.1.10
Value Analysis (B204T1"-2007)
NP
§ 4.1.11
Detailed cost estimating
NP
§ 4.1.12
On-site project representation
NP
§ 4.1.13
Conformed construction documents
NP
§ 4.1.14
As -Designed Record drawings
NP
§ 4.1.15
As -Constructed Record drawings
NP
§ 4.1.16
Post occupancy evaluation
NP
§ 4.1.17
Facility Support Services (B210T"4-2007)
NP
§ 4.1.18
Tenant -related services
NP
§ 4.1.19
Coordination of Owner's consultants
NP
§ 4.1.20
Telecommunications/data design
NP
§ 4.1.21
Security Evaluation and Planning
(B206T"t-2007)
NP
§ 4.1.22
Commissioning (B21 IT"1-2007)
NP
§ 4.1.23
Extensive environmentally responsible design
NP
§ 4.1.24
LEEDS' Certification (B214Y7/-2007)
NP
§ 4.1.25
Fast-track design services
NP
§ 4.1.26
Historic Preservation (B2051/4-200'7)
NP
§ 4.1.27
Furniture, Furnishings, and Equipment Design
(B253Tm-2007)
NP
§ 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.
N/A
§ 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 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;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
sit
AIA Dacumunt 13101'm — 2007 iformarty 131151"' —1997). Copyright® 1974, 1978. 1987, 1997 and 2007 by The American tnstitute 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 taw. This document was produced by AIA software at 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
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Inst
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of
performance on the part of the Owner or the Owner's consultants or contractors;
.5 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 Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or hearing;
.8 Preparation for, 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; or
.11 Assistance to the Initial Decision Maker, if other than the Architect.
§ 4.3.2 To avoid delay in the 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 Architect, and the Owner shall have no further obligation to compensate the Architect for those services:
.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 or where such information is available to the Contractor from a careful study and
comparison of the Contract Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
. 3 Preparing Change 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 N/A ( ) 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 one ( 1 ) 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 twelve ( 12 ) 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, special equipment, systems and site requirements. Within 15 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, 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.
AIA Document 8101' — 2007 tformerty 13151 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 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
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§ 5,3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The
Owner shall 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.
§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements
and trees; and information concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall famish 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, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such
services and demonstrates 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.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in 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 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 commenceruent 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
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit. The Cost of 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 Owner.
§ 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 52, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the
preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect,
represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor
AIA Document 6101"1 — 2007 iformerfy 8151 "' -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 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
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Use' Notes: (1329676664)
tnit.
the Owner has control over the cost of labor, materials or equipment the Contractor's methods of determining bid
prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not
warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the 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 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.
§ 6.4 If the 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 Architect'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 6.6A, 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.
ARTICLE 7 COPYRIGHTS AND UCENSES
§ 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 protocols governing
such transmissions.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including 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.
§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of
all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the
Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the
Owner's consultants and separate contractors, to reproduce applicable potions of the Instruments of Service solely
AIA Document B101"1— 2007 iforrnerty B151' — 9997). 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 09:24:23 on 10/13/2009 under Order No. 1000395370_1 which expires on 04/15/2010, and is not for
resale.
tiger Notes: (1329676664)
Mit
and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this
Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
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 the
Instruments of Service under 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.
§ 7.4 Except for the licenses 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 My 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.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
(Paragraphs deleted)
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 lithe Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of
performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven 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 the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, 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 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement 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.
§ 9.5 The Owner may terminate this Agreement upon not less than seven 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.
§ 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 Agreement
are set forth in Article 7 and Section 11 9.
AIA Document 13101m — 2007 formerly 13151' —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'penaitties, and will be prosecuted to the maximum extent possible under
the law. This document was produced by AIA software at 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
resale.
User Notes: (1329676664)
12
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties
have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section
8.3.
§ 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
representatives 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 Project
if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 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 14 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 14 days prior to execution. The Architect shall not be required to execute certificates or consents
that would require knowledge, services or responsibilities beyond the scope of this 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 either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for
the Architect in the Owner's promotional materials for the Project.
§ 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, 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 amount of or basis for, compensation.)
Fee for the work shall be performed on a time and expense basis, not to exceed Fourteen Thousand and no/100 dollars -
($14,000.00) without prior written authorization. Included in the fee are an allowance for structural engineering
services. Not included in the fee are services by a hazardous materials consultant, already under contract with the
Owner.
Reimbursable expenses in excess of the basic services fee include printing of Contract Documents, and would be
charged at one and one-tenth (1.1) times actual invoice.
§ 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 specffic services to which particular methods of
compensation apply.)
Inti AIA Document 8101' — 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
I the law. This document was produced by AIA software at 09:24:23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
resale.
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Ind
Additional Services shall be computed on a time and expense basis.
Reimbursable Expenses shall be charged at 1.1 times actual invoice.
§ 113 For Additional Services that may arise during the course (Attie Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of or basis for, compensation.)
Additional Services shall be computed on a time and expense basis.
Reimbursable Expenses shall be charged at 1.1 times actual invoice.
§ 11.4 Compensation for Additional 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 ten percent (10% ).
(Paragraph deleted)
§ 11.5 §
(Table deleted)
§ 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 practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Architect's Principals: $120.00 per hour.
Employee or Category Rate
N/A
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 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;
.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 office expenses; and
.11 Other similar Project -related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus ten percent (10% ) of the expenses incurred.
§ 11.9 COMPENSATION 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
the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows:
$500.00
AIA Document 13101"1— 2007 (formerly 8161111— 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
the law. This document was produced by AIA software at 09:24.23 on 10/13/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for
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trot.
§ 11.10 PAYMENTS TO THE ARCHITECT
§ 11.10.1 An initial payment of zero ($ 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.
§ 11.10.2 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 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 monthly or annual interest agreed upon.)
one and one-half percent (1.5%) per month.
§ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work
unless 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 be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDETIONS
Special terms and 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
amended 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 B101T 1.2007, Standard Form Agreement Between Owner and Architect
.3 Other documents:
This Agreement entered into as of the day and year first written above.
11111
ER ARCHIT
•
(Signature)
R A. Zais, Jr., City Manager
(Printed name and title)
Dated: / 1 /s/o
CITY CONTRAC f NO: 20041-06? 7
RESOLUTION NO: R ‘9Oe)s 9 - / 141
(Si a)
Lois A. Wardell, AIA, President
(Printed name and title)
AIA Document 8101 TM - 2007 Sfonneriy 8161"-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 09:24:23 on 10/13/2009 under Order No. 1000395370_1 which expires on 04/15/2010, and is not for
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User Notes:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For Meeting of November 3, 2009
ITEM TITLE: A resolution authorizing the City Manager to execute a Professional Services
agreement with Wardell Architects for demolition work on the third and fourth
floors of City Hall
SUBMITTED BY: Bill Cook, Community and Economic Development. Director
CONTACT PERSON/TELEPHONE: Randy Pitney, Building Superintendent (509) 575-6265
SUMMARY EXPLANATION:
The third and fourth floors of City Hall have been unoccupied and unusable for any purpose
except storage space since 1975. The original jail equipment, including cells and HVAC units
are still in place. In addition, the hot water supply pipes in the area are covered with asbestos
insulation material that needs to be removed to bring the City into compliance with various
asbestos-related state and federal regulations:
Funding for the renovation has been accumulating in the Public Works Trust Fund (REET 1)
account for several years. When the project is complete, the third and fourth floors of City Hall
will be available for expansion of much needed office and meeting space.
Wardell Architects will assess the area and create a bid package for this project to go out to
bid: They will also assist with contractor selection and oversee the project to completion.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source REET 1 Fund c
APPROVED FOR SUBMITTAL: \�-''�� S . City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council adopt the
resolution.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION: