Loading...
HomeMy WebLinkAboutR-1990-D5740 Wardell ArchitectsRESOLUTION NO. • D-5740 4111 A RESOLUTION authorizing execution of a contract between the City of Yakima and Wardell Architects, P.S. for City design services. • • WHEREAS, the City of Yakima has available to it bond revenue for the purpose of improving City parks, and WHEREAS, said improvements require the planning services of architects; and WHEREAS, the Parks and Recreation Division of the Depart- ment of Public Works has complied with the architect selection procedures found in RCW Chapter 39.80; and WHEREAS, City Council deems it to be in the best interest of the City to contract with Wardell Architects, P.S., for the purpose of providing architectural design services for the following projects Larson Park security lighting, Larson Park restrooms, and the Naches Parkway, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute a contract with Wardell Architects, P.S. for design services on the aforementioned project, a true copy of which agreement entitled "Abbreviated Form of Agree- ment Between Owner and Architect," is hereby attached and incorporated herein by reference. ADOPTED BY THE CITY COUNCIL this 15) day of 1990. ATTEST• (res/wardell) Mayor T !I E AMERICA • INSTITUTE F ARCHITECTS AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner: (Name and address) Ninty and the Architect: (Name and address) For the following Project: (Include detailed description of Project, location, address and scope.) Miscellaneous projects for the Department of Public Works, Parks and Recreation Division, as further detailed in Article 12 of this agreement. injiA 12 day of May The City of Yakima 129 North 2nd Street Yakima, Washington 98901 Wardell Architects, P.S. 815 Larson Building 6 South 2nd Street Yakima, Washington 98901 in the year of The Owner and Architect agree as set forth below. CITY CONTRACT i4t: V-0 Copyright 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N W., Washington, D C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 B151-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11 5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Basic Services consist of those described under the three phases identified below, any other services identified in Article 12, and include normal structural, mechani- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.2 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents con- sisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Docu- ments consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost. 2.3.2 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.3.3 Unless provided in Article 12, the Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.4 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.4.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service. as described in Paragraph 3.2 ) 2.4.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for die Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.4.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's obser- vations at the site as provided in Subparagraph 2 4 5 and on the AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 B151-1987 2 data comprising the Contractor's Application for Payment, that the Work, to the best of the Architect's knowledge, informa- tion and belief, has progressed to the point indicated aril that quality of the Work is in accordance with the Contract Docu- ments. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction mealns, methods, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3 1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor The Architect's response to such requests shall he made with reasonable promptness and within any time limits agreed upon. When making such inter- pretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not he liable for results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner or if included in Article 12, and they shall be paid for by the Owner as provided in this Agree- ment Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3 3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed Con- struction Cost estimates, quantity surveys, interior design, plan- ning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished in accordance with generally accepted architectural practice 3.2 If more extensive representation at the site than is described in Subparagraph 2 4 5 is required, such additional project representation shall be provided and paid for as set forth in Articles 11 and 12 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construc- tion Change Directives. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pro- gram which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser- vices of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, surveys and reports shall he furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. 3 B151-1987 AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall. .1 give written approval of an increase in such fixed limit, .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3, or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architect shall he deemed the author of these docu- ments and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitra- tion arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by writ- ten consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an addi- tional person or entity shall not constitute consent to arbitra- tion of any claim, dispute or other matter in question not described in the written consent. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agree- ment shall be specifically enforceable in accordance with appli- cable law in any court having jurisdiction thereof. 7.2 In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party AIA DOCUMENT 8151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1987 4 fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Con- ditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for .1 expense of transportation and living expenses in con- nection with out-of-town travel authorized by the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regu- lar rates, if authorized by the Owner; .7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants, and .9 expense of computer-aided design and drafting equip- ment time when used in connection with the Project. 5 B151-1987 AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11 5 1 of this Agreement is exceeded or ex- tended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF 0 Dollars ($ 0.00 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) On an actual Time and Expense basis, total not to exceed the sum of Thirty-one Thousand Four Hundred Dollars even 031,400.00). Anticipated breakdown of fee for each project is as follows: (1) Larson Security Lighting, *6,400.00; (2) Larson Restrooms, 510,500.00; (3) Neches Parkway, $14,500.00. However, the Architect reserves the right to shift funds from one project to another, as long as all projects are completed in their original scope for no more than the maximum stated above. Ponsultant costs and expenses shall be billed at a multiple of One and One -Tenth (1.1) times actual invoice. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Design Phase: Construction Documents Phase: Construction Phase: N/A percent( %) percent ( %) percent ( %) Total Basic Compensation. one hundred percent (100%) AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 B151-1987 6 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows. Actual time plus expenses at One and One-tenth (1.1) times actual invoice. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows. (Insert basis u% compensation, including rates and/or multiples if Direct Personnel Expense /or Principals and employees. and u(etttr/y l'rinctpaIs and classl/p employee's, tl required Identify specific services to which particular methods u/ compensation apply it necessary 1 Actual time plus expenses at One and One-tenth (1.1) times actual invoice. Principal time shall be billed at the rate of $?0.00 per hour. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering ser- vices and those provided under Article 3 or identified in Article 12 as part of Additional Services, a multiple of One and one-tenth ( 1.1 ) times the amounts billed to the Architect for such services. (hientij3' specific !1'pes 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 One and One-tenth ( 1.1 ) 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 Twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in 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 hear interest at the rate entered beim, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect (Insert rate of interest agreed upon) 1.5 % per month. (Usury laws and requirements under the Federal Trutb in Looting Act, similar state and local consumer credit laps and other regulations at the owner s and Archi- tect s principal places of business, the loauion of the Project and elsewhere rimy aged the validity of this provision Specific legal advice should be obtained with respect 10 deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 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. AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 8151-1987 7 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 Project Description: The project shall consist of the following three parts: 1. Larson Park Secur i t> Lighting: Provide Design , Contract Document= and Construction Administration for l i ght i ng along existing pathways, around the picnic shelter, and around the northeast corner of Larson Park. 2. Larson Park Restr•ooms: Provide Design, Contract Document=_ and Construction Administration for a new restroom fac i l i t;:•, including storage space for athletic and maintenance equipment. From preliminary investigations, it appears that conventional construction will be the most viable option, rather than renovation of the existing structure or use of a pre -fabricated unit. 3. Naches Parkway: Provide Master Planning Design for the 15 block Parkway, from "H" Street to Race Street, Contract Documents for two of those blocks, and 1 imi ted Construction Administration for construction implimentation of those two blocks. 12.2 Add to Article 2: 2, 2.3 As part of the Master Planning Design of the Parkway, the following shal 1 be provided: o A Master•pl an Drawing @ 1:50 scale of the entire Parkway 0 2 Color Perspectives approximately 14" x 16" o 2 8 1/2" x 11" Chromocopy reductions of the perspectives. (Continued on next page) This Agreement entered into as of the day and year first written OWNER ve. (Signature) T . Vvla v«th>j VVI -e--. (Printed name and title) gnat Lois A. Wardell, President (Printed name and title) AIA DOCUMENT B151 • ABBREVIATED OWNER -ARCHITECT AGREEMENT • THIRD EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1987 8 12.3 Reimbursible Expenses which are included as a part of the Basic Services contract are as follows: o Long Distance Telephone Charges o Renderings as specified above in 2.2.3 a Routine printing expenses up to the completion of Contract Documents, including one set of document reproductions at the end of the Design and the Contract Document Phases. All other reimbursible expenses as set forth in Article 10 .2.1 shall be outside the Basic Scope of Services and shall be reimbursed to the Architect at one and one-tenth (1.1) times actual invoice. Not included in the Basic Contract are costs of reproducing Contract Documents for the purpose of bidding and construction, advertising and regulatory permit fees, and other project fees normally paid by the Owner for a public works project. 12.4 Indemnity: The Architect shall defend, indemnify, and hold harmless the Owner from any and all claims or liabilities arising out of the Architect's negl i gent performance of this Contract, including the Owner's reasonable attorney's fees and costs in defense of any such claims or liabilities. The Architect and his Consultants shall comply with all federal government, state and local laws and ordinances applicable to the work to be done under this Contract. Prior to beginning work under this Contract, the Architect shall provide Certificates of Insurance as evidence that policies providing the following coverage and limits of insurance are in force and effect. General Comprehensive Li abi 1 i ty With respect to 1 i abi l i ty for injuries to or death of persons and with respect to liability for destruction of or damage to property, the insurance coverage shall be $500,000 combined single limit and such coverage shall include the special provision=_ listed below: 1. The City, its officers, employee=_, and agents shall be named as an additional insured and the coverage shall be applicable to and protect the City, its officers, employees and agents from liability arising from or relating to the Architect's activities relating to this Contract. Such insurance shall be primary. and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 2. Such insurance shall not exclude explosion, collapse, or underground exclusions commonly referred to as the "XCU" hazards. Automobile Comprehensive Liability With respect to liability for injury to or death of person_ and with respect to 1 iabi 1 i t;, for destruction of or damage to propert-,, the City, its officers, employees, and agents shall be named insured and the insurance coverage shall be $500,000 combined single limit. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. Failure of either or all of the named insured to report a claim under such insurance shall not prejudice the rights of the City, its officers, employees, and agents thereunder. The City, its officers, empl o•ees, and agents wi 1 1 have no obligation for the payment of premiums because of its being named as ar, insured under such insurance. None of the policies issued pursuant to the requirements contained herein shall be cancelled, allowed to expire, or changed in any manner so as to affect the rights of the City thereunder until thirty (30) days after written notice of such intended cancellation, expiration, or change. Prior to the beginning of work on Contract Documents, the Architect shall provide evidence of errors and omissions coverage for a minimum of $ 100,000. 12.5 Schedule The attached Tentative Schedule is based upon the Architect's present knowledge of the scope of each project, as reflected in Article 12.1. It is an optimum timeline based upon a series of tasks, reviews and approvals. It will be updated during the course of each project as additional criteria become known and as each project progresses. The Architect shal 1 not be responsible for delays caused by factors beyond the Architect's control or which could not have reasonably been foreseen by the parties at the time of Authorization to Proceed. The Schedule makes the following assumptions about each segment of the project: Larson Security Lighting: o Construction could begin at any time during the summer. Larson Park Restrooms: o Construction can and should begin as near to September 1, 1990 as possible. Naches Parkway Masterplan: o The Fee for the Basic Scope of Services includes having the Design Team participate in a maximum of two presentations. It is anticipated at this time that one would be to the 'rakima City Council and one tc, the Downtown Business group. Additional presentations to the CitY Council or to other public group_ would fall under the catayory of Additional Services. o Construction of the two Parkway blocks for which funding will be available should commence in time to enable trees to be planted in September/October of 1990. 4. - - -:FN PaF-r- u&l-t1I Hai N 1a f1 M5 Pbpacw a,1' vi p t 4 >n o r o - 2 tO ‘4- ►s` g , ms N c t.r N A 10541GoN lLGJI(/ P. Iti VI evi IVQwn. %VI04.1 NO CONTIW441" CO -1-424,C1' I 4 1-4 T10N 3 w wy rrivir Iwo. 49109460,1-I t'/A wr PNrrr 4 '/'2w 154+GUk10HTS co> N errwr IW) MaIHT 2444► )X9. o N 1310 a, erleox CA H1 Vzwws g ws. GT COM NeioTi?1/4j1AN TI2 C 'CO h6Tc d'G4101i 3WK.9 ArlItvi. IwK. 121041 rh► 3w1✓5 12-6\/SSW ` 21,twics It t‘,/ — -- pWt-4T 214 SW, Hltrl'OT1.6.?1oH 6.10 2 bcrwrzoc GONSTRIGT1‘7141 12.W 4 � 1$1144 I ."/ le" '2 I. - r9 !'../+N'f Isoh4.4 1t•4ty/ '10 S 0.AprpovokI, 1-A WI HG' w/ p6,1° -K- 2E 1 *se rr EH'2r01-1 ['O 011"-{ C.OUNGIIe � 1942 -roUSlrl &soup &rO1 L 2 jo12- eENTA'1'IOH' 4, 2-1'0.