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HomeMy WebLinkAboutR-1991-D5973 Safety• • RESOLUTION NO. Y 5 9 ` 3 A RESOLUTION authorizing the execution of a professional services agreement for architectural services and design of Fire Department public safety facili- ties and public safety training facility. WHEREAS, the City of Yakima requires architectural ser- vices for Fire Station No. 1 and for a new station and train- ing facility feasibility study; and WHEREAS, Architecture Associates A.I.A./P.S. has the professional expertise to provide said architectural services; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached professional services agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated contract entitled "Stan- dard Form of Agreement Between Owner and Architect" with Architecture Associates A.I.A./P.S. ADOPTED BY THE CITY COUNCIL this day of 1991. ATTEST• City Clerk (res/profsrvc.rp) T 'H E A M ERIC A N INSTITUTE OF ARCHITECTS AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 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 NINETY ONE day of in the year of BETWEEN the Owner. CITY OF YAKIMA (Name and address) 129 North Second Street Yakima, Washington 98901 and the Architect. ARCHITECTURE ASSOCIATES A.I.A. / P.S. (Name and address) 1320 North 16th Avenue, Suite C Yakima, Washington 98902 For the following Project. (Include detailed description of Project, location, address and scope.) CITY OF YAKIMA FIRE STATION NO. 1 ANALYSIS NEW STATION AND FIRE & POLICE TRAINING FACILITY FEASIBILITY STUDY The Owner and the Architect agree as set forth below. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue, NW , 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 B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA® • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW , WASHINGTON, D.C. 20006 B727-1988 1 ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicable as provided in Article 8.) The Architect shall provide professional architectural and design services so that the Owner can evaluate the options and associated capital costs for the following three Fire Department and Police Department projects: 1. Expansion of administrative space at Fire Station No. 1; 2. Construction of a new Fire Station No. 3; and 3. Construction of a new Fire & Police Training Facility. These professional services shall include the specific tasks and items listed on the Work Plan dated July 9, 1991, which is attached hereto as Exhibit "A". All services and work contemplated hereunder shall be completed by November 1, 1991. AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA® • ©1988 • "TIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.0 20006 B727-1988 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be enti- tled to rely on the accuracy and completeness thereof 2.2 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render deci- sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS 3.1 The documents prepared by the Architect for this Proj- ect are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permit- ted to retain copies, including reproducible copies, of the Architect's documents for the Owner's information, reference and use in connection with the Project. The Architect's docu- ments shall not be used by the Owner or others on other proj- ects, 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. ARTICLE 4 ARBITRATION 4.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherwise. 4.2 A demand for arbitration shall be made within a reason- able time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in ques- tion would be barred by the applicable statutes of limitations. 4.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other man- ner, an additional person or entity not a party to this Agree- ment, except by written consent containing a specific refer- ence to this Agreement signed by the Owner, Architect and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforce- able in accordance with applicable law in any court having jurisdiction thereof 4.4 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 5 TERMINATION OR SUSPENSION 5.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 5.2 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 services 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. 5.3 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 Paragraph 54 5.4 Termination Expenses shall be computed as a percentage of the compensation earned to the time of termination, as follows .1 P r 3Crvicce pr vi n the basic f a multiple f Dircct Pcrc nncl Expcnce, "'0 percent f the t tal mination, and .2 For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the time of termination. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect 6.2 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 statute of limitations shall com- mence to run not later than the date payment is due the Archi- tect pursuant to Paragraph 8 4 AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA® • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, DC. 20006 B727-1988 3 6.3 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. 6.4 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 writ- ten instrument signed by both Owner and Architect. 6.5 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 6.6 Unless otherwise provided in this Agreement, the Archi- tect 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 7 PAYMENTS TO THE ARCHITECT (not 7.1 DIRECT PERSONNEL EXPENSE applicable) of the •' ect's personnel engaged on the Project and the portion of the c. - their mandatory and customary con- tributions and benefits re . , ereto, such as employment taxes and other statutory employee . ts, insurance, sick leave, holidays, vacations, pensions, and similar 'butions ami-bene€ic. 7.2 REIMBURSABLE EXPENSES (included in Fixed Fee) .. .. arc in addition tc ;.tcct'., 1-4;aiL414e.,-,414sl4i- :t'c empl yees and Project for• expense of transportation and living expenses in con- ection with out-of-town travel authorized by the O '. er; .2 long-. ranee communications, .3 fees paid r securing approval of authorities hav- ing jurisdict over the Project; . 4 reproductions; . 5 postage and handlof documents, .6 expense of overtime ork requiring higher than regular rates, if authorizeby the Owner; .7 renderings and models requ -ted by the Owner, .8 expense of additional coverage • limits, including professional liability insurance, reested by the Owner in excess of that normally c: ied by the Architect and the Architect's consultants, ..nd . 9 Expense of computer-aided design and • fting equipment time when used in connection with • e Pr jcct 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES 7.3.1 Payments on account of the Architect's services and f E : nsas.shall be made monthly upon presen- tation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 776. •et-4erth in x-8.1 is the nt and r this Agreement, 7.4 ARCHITECT'S ACCOUNTING RECORDS 7.4.1 Records of Rcimburcable Expenses and expenses per- taining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows o P D liars ($ ) ahall >, A a41 €34-4 • , ,, 4. aP .14€ Q ec un -yet- 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify the services to which particular methods of compensation apply, if necessary.) Compensation shall be a fixed fee of *Twenty two thousand, two hundred seventy and no/100 Dollars ($22,270.00)* 4 B727-1988 AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA® • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 empl yees and c nsultante in the interest f the Pr ject. 8.4 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1.5% (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers.) 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS This Agreement entered into as of the day and year first written above. CITY CONTRACT NO. d !- ?4q/C) 13 OWNER CITY OF YAKIMA (Signature) City rd A. Zais,sJr. MaATTEST: gt,, (Printed name and title) Karen S. Roberts City Clerk ARCHITECT HITECTURE ASSIATES A.I.A. / P.S. • • (Signature A. ROBERT WILLIAMS, A.I.A. (Printed name and title) / PRESIDENT AIA DOCUMENT B727 • OWNER -ARCHITECT AGREEMENT • 1988 EDITION • AIA® • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N \C , WASHINGTON, D.C. 20006 B727-1988 5 ASSOCUATIES A.D.A. / P.S. 1320 N. 16 AVE. #C YAKIMA, WA 98902 PH. (509) 248-5020 RON B. CULLEN, A.I.A. A. ROBERT WILLIAMS, A.I.A. EXHIBIT "A" July 9, 1991 WORK PLAN / CONSULTANT FEE BREAKDOWN CITY OF YAKIMA FIRE STATION NO. 1 ANALYSIS NEW STATION AND FIRE & POLICE TRAINING FACILITY FEASIBILITY STUDY ESTIMATED HOURS Principal Staff TASK NO. 1: INITIAL CONSULTATION, PROJECT ORIENTATION STUDY SCHEDULING AND ORGANIZATION • Request and organize data 8 • Project orientation, planning and scheduling 8 2 TASK NO. 2: INTERVIEWS AND DATA GATHERING • Conduct interviews 8 4 • Inspect and evaluate fire stations & locations 8 4 TASK NO. 3: FIRE STATIONS #1 AND #3 • Analyze field data 4 • Develop Station #1 basic and alternate usage design 16 24 • Develop a new Station #3 concept plan 32 24 • Develop cost estimates 4 24 • Prepare preliminary report 4 4 TASK NO.4 FIRE & POLICE TRAINING FACILITY AND STATION #5 • Conduct interviews 4 2 • Review training programs/plans 4 2 • Establish needs, including site 8 2 • Develop solutions, basic and alternate 32 16 • Develop cost estimates 4 16 • Prepare preliminary report 4 4 TASK NO. 5: DEVELOP AND PRESENT FINAL REPORT • Preliminary presentation meeting 4 • Evaluate comments and suggestions from preliminary review 4 - • Revise, prepare and coordinate final report 4 16 • Presentation meeting 4 2 July 9, 1991 Work Plan / Consultant Fee Breakdown City of Yakima / Fire Station Analysis New Station and Fire & Police Training Facility Feasibility Study Page 2 COST SUMMARY STUDY TOTALS: Principal Staff TOTALS Estimated Hours 164 146 310 Service Fees Principal: $85.00 per hour $13,940 $8,030 $21,970 Staff: $55.00 per hour average SUB TOTAL Reproductions 15 Copies of each report TOTALS $300 * $22,270 * Up to 50% of this $22,270 study fee will apply on a pro -rata basis towards full service fee on those portions of work that proceed. ARW/tic #90-36