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HomeMy WebLinkAboutR-1993-D6233 Trahob-. RESOLUTION NO. D' 623 A RESOLUTION Authorizing the execution of Amendment #4 to the TRAHO Inc., Architects Professional Services Contract WHEREAS, by Resolution No. D-5599 the City Council has heretofore authorized the execution of a professional services contract with Traho Inc. Architects for engineering and architectural design services for the Public Works Transit Complex; and WHEREAS, said contract has been amended from time to time to provide for additional services at the site; and WHEREAS, the City requires additional design engineering services for the following matters welding bay, painting bay, bus block heater plug -ins, telephone relocation, street and traffic restrooms, electrical study, and irrigation , & landscaping additions and modifications; and WHEREAS, City Council deems it to be in the best interest of the City of Yakima to authorize the execution of an amendment to the aforementioned contract, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAIUMA: City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated amendment #4 to AIA Document B141 for the following project - Public Works Analysis And Transit Modifications. ADOPTED BY THE CITY COUNCIL this day of ' ,LLV >,Qy , 1993. p T'r`;'! • Mayor City Clerk res/Traho Contract Amend. #4 •_rpAHo CHITEC P.O BOX 1644 YAKIMA, WASHINGTON 98907 FAX. (509) 452-0578 (509) 452-0609 January 4, 1993 Amendment No. 4 to AIA Document B141 for the following project: Public Works Space Analysis and Transit Modifications City of Yakima, Public Works Department 2301 Fruitvale Boulevard Yakima, Washington 98902 Article 12 amended to include: 9. A/E Fee for Welding Bay Addition: $15,948.00 10 A/E Fee for Painting Bay Addition: $19,702.00 11 A/E Fee for Bus Block Heater Plug -Ins and Adjacent In -Ground Work: $11,620.00 12. A/E Fee for Telephone Relocation: $400.00 13. A/E Fee for Streets and Traffic Restroom Addition and Modifications to Existing: $3,140.00 14. A/E Fee for Electrical Study. $7,000.00 15 A/E Fee for Irrigation and Landscaping Additions and Modifications: $10.680.00 TOTAL: $68,490.00 The total A/E contract amount of $440,499.00 is a "maximum, not to exceed amount". City Contract No. 9 3 a /D - 3 3 Richard A. Zais, Jr i •f m. Kenneth G. Ormbrek. Principal Name mrd Tuts) (Primed Name aid Tide) Attest End of Amendment No. 4. MEMBER AMERICAN INSTITUTE OF ARCH1'I'ECTS JOHN H. MEYER, A.I.A. KENNETH G ORMBREK, A.I.A. TRAHORCHITECTS P.O. BOX 1644 YAKIMA, WASHINGTON 98907 FAX. (509) 452-0578 (509) 452-0609 March 10, 1992 Amendment No. 3 to AIA Document B141 for the following project: Public Works Space Analysis and Transit Modifications City of Yakima, Public Works Department 2301 Fruitvale Boulevard Yakima, Washington 98902 1. Article 12 amended to include: 8. Environmental Site Assessment 8A. Phase I: Historical research of existing City Shops site and nine adjacent parcels. (Parcels 13403, 13404, 13402, 13401, 13400, 42402, 42401, 42400 and 42004.) $6,050.00 8B. Phase II: Geotechnical and hazardous waste assessment for existing Shops complex and nine said parcels, per item: 1. $5,500.00 per boring for environmental assessment. 2. $3,300.00 per test pit for environmental assessmment. 3. $1,320.00 per boring for geotechnical investigation. 4. $825.00 per test pit for geotechnical investigation. $55,000.00 8C. Phase Ill: Asbestos and lead paint assessment for nine said parcels. $4,400.00 All figures are a "maximum, not to exceed amount". City Contract No.: 91-46/D-5926 Richard A. Zais, Jr. City of Yakima Manager (Printed Name and Title) Attest End of Amendment No. 3 -&o Architect: Kenneth G. Ormbrek, Principal (Printed Name and Title) MEMBER AMERICAN INSTITU 1E OF ARCHI"1ECTS JOHN H. MEYER, A.I.A. KENNETH G. ORMBREK, A.I.A. Business of the City Council Yakima, Washington Agenda Statement Item No. 11 For Meeting of 3/12/91 Item Title: Amendment #1 to TRAHO, INC., Professional Services Contract Submitted By: Jerry D. Copeland, Director of Public Works c7'fC�/ Dennis E. Covell, Director of Engineering an P' talities Contact Person/Telephone: Sohn A. Haddii) Acting Transit Manager -6005- Summary Explanation: The Public Works Department and Transit Division is seeking to amend the TRAHO, INC., professional services contract to perform additional consulting work. The purpose of the additional work is two -fold: 1) to supplement the findings presented in the City of Yakima Public Works Complex Master Plan by establishing the extent to which transit may be using the Public Works site within the next 10-15 years 20. The Contract as amended satisfies the legal opinion of the City Attorney given on November 19, 1990 and, 2) to perform future negotiating services that will be needed as a result of expected property acquisitions. This amendment also revises the Consultant's 1989 fee schedule. The nrw fee schedule is the result of successful negotiations that were held between staff members and the Consultant. An appropriation is not necessary to cover additional costs proposed by this amendment. Attachment `B' and Items #1 And #2 in Article 12 simply need to be revised upward to show new maximum amounts. To incorporate the Consultant's negotiating services, it is necessary to revise Article 12 by adding a line item #6 having a maximum total of $5,940.. This will raise the original contract `Total Fees' amount contained in Article 12 from $85,562 to $318,174. This difference in total fees is related to the fact that the original contract fees are based on an adopted 1988 Transit Budget figure of $609,524 which only called for a maintenance bay expansion, a simple office remodel, and a bus parking shelter as outlined con byconstruction the Council mmended or shown in the Public Work's Facility Master enda of June 27,1989. The new fees are established on the constructio Plan and a 1991 Transit Budget figure of $3,742,201. EXHIBITS X Resolution [3 Ordinance ® Contract - Minutes I Plan/Map Notification List © Other Legal Opinion CITY MANAGER APPROVED FOR SUBMITTAL: Staff Recommendation: Approval of Contract Amendment No. 1. Transit Committee Recommendation: Approval of t N Contract . 1. Council Action: Deferred one week. Attachment B is now included. ��Q� - C RESOLUTION NO. r. D5890 A RESOLUTION authorizing execution of an amendment to the agreement with TRAHO INC. Architects for profes- sional services. WHEREAS, the City Council by Resolution No. D-5599 autho- rized execution of an ag---ement with TRAHO INC. Architects for remodeling of the Public Works Shop Complex located at 2301 Fruitvalee Boulevard, Yakima; and WHEREAS, the City Council desires to amend the aforemen- tioned agreement to provide for additional site acquisition services and planning services structuring the use of the Public Works Complex as a transit only facility; and WHEREAS, the City wishes TRAHO INC. Architects to perform the aforementioned work not included in the original agree- ment; and WHEREAS, the City Council deems it to be in the best interest of the City that an amendment to the aforementioned contract be executed, 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 "Amendment No. i" with TRAHO INC. Architects for the purpose mentioned above, a copy of which amendment is attached hereto and by reference made part here- of. 1991. ADOPTED BY THE CITY COUNCIL this19th day of March Si PATRICIA k BERNDT. Mayor ATTEST: /s/ KAREN S. ROBERTS, CMC City Clerk fres/pubwrks.jv) i 1 AMENDMENT NO. 1 to AIA Document B 141 for the following Project: Public Works fpYakimaalPublicnWorksd nDepasit �rtmentcations City 2301 Fruitvale Boulevard Yakima, WA 98902 WHEREAS, TRAHO INC. Architects, (hereafter TRABO) and the City of Yakima, (hereafter City) entered into an agreement for architec- tural services on or about June 27, 1989 pursuant to City of Yakima Resolution No. D-5599; and WHEREAS, the City and TRAHO wish to amend the aforementioned agreement to provide for additional planning services structuring the use of the Public Works Shop Complex as a transit only facility and for additional site acquisition services, now, therefore, the parties mutually agree to the following modification of the afore- mentioned agreement: 1. "11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3., compensation shall be computed on the following hourly ht3 Architect: $70.00 Associate Architect: $65.00 Draftsman: $55.00 Secretarial: $30.00 2. Attachment �A' which sattached and incorporais ted. e of a new Attachment � 3. Attachment 'B' is amended to include a new item as fol- lows: '8. Compensation for services to revise the Public Works Space Analysis to reflect sole transit use of the complex within 10 - 15 years, on an hourly basis: A. Cline - 1$30.O0hours =!$300.00, noti9t OOexceedetmaaximum 1 - hours ! $ - $8,500.00.' (agr/pubwrks.jv) - 1 - 4. Article 12 is amended to read as follows: ARTICLE E 12 OTHER CONDITIONS OR SERVICES 1. A/E fees per Attachment 'A' Total $273,319.00 2. Public Works Space Analysis per Attachment 'B': Maximum Total $ 27,315.00 3. Acoustical engineering: $70.00/hour, 80 hours: Maximum Total $ 5,600.00 4. Reproducible as-built.s for construction work provided in this Contract: $50.00/hour, 80 hours: Maximum Total $ 4,000.00 5. Reproduction of drawings and specifications; Total $ 2,000.00 $50.00/set, 40 sets: 6. Land acquisition consultant services: $660.00 per tax parcel, 9 parcels: Maximum Total $ 5,940.00 Total Fees $318,174.00' Except as modified herein, the remainder of the aforementioned agreement, authorized by Resolution No. D-5599, shall remain in full force and effect. OWNER: Richard A. Z is s, Jr. City of Yakima, Manager - 2 (agr/pubwrks.jv) ARCHITECT: Kenneth G. Ormbrek Vice -President TRAHO INC. Architects ATTACH; a 'A' PER AMEI . , MENT 1 Architects/Engineers Fee 1. Origin of rout budget numbers: Muter Plan Cats. Mork Division Projection October 26.1990. 2. A/E fees per Washington State Public Works Building Projects Schedule. effective dates July 1,199010 lniy 1.1992. 3• Includes hazardous materials building and !earldom oink dosage; mechanical systems and site Wihles: car perking tram North 21,1 Avenue improvements; relocation of fuel island; vehicle wash. Work Description Estimated Construction Construction (including Contingency) A/E Fees2 Subtotal 7.8% WSST Total Budget' 1. Maintenance ilay Expansion $404,831 9.11% Sch. B +�052 Remodel. $44,977 $449,0R $33,087 $484.895 11.11% 2. Remodeling for Office Relocation $759,393 8.88% Sch. B +2.096 Remodel. $82,623 $842,016 $65,679 5907,695 10.88% 3. Bus Padang Shelter $555,976 7.6% Sch. C $42,255 $598.231 $46,663 $644.896 r 4. She Imptovements3 $991.984 8.43% Sch. B +2.0% Remodel. 10.43% $103,464 $1,095.448 $85.447 $1.180.895 5. Land Acquisition $479,977 Article 12. Item 6 $5,940 $485.917 $37.903 $523,820 TOTAL $3.192,161 -------- $279,259 $3.471,420 $270,781_ $3,742,201 1. Origin of rout budget numbers: Muter Plan Cats. Mork Division Projection October 26.1990. 2. A/E fees per Washington State Public Works Building Projects Schedule. effective dates July 1,199010 lniy 1.1992. 3• Includes hazardous materials building and !earldom oink dosage; mechanical systems and site Wihles: car perking tram North 21,1 Avenue improvements; relocation of fuel island; vehicle wash. Fct.one% De% ca �ai� �.aa4—r9Ac.T ATTACHMENT 'B' Scope of Additional Services for Public Works Space Analysis 1. Additional services for the Space Analysis shall include the services necessary to develop a Space/Needs assessment and an evaluation of the short tern and long term Master Plan requirements of the Public Works Shops facility as described in Paragraphs 2 through 4. 2. The Architect will collect information through study of the existing facility, staff interviews and a questionnaire and will prepare a preliminary report of findings to be reviewed and discussed at meetings with the Owner and Owner's representatives. itional information, repare a 3 Report erand conduct aomeetingect dto evaluate findings and d discuss options and d alternates. 4. The Architect will prepare a final Report, conduct a meeting to discuss final solutions and submit the accepted Report. 5. 'The Architect shall prepare preliminary cost estimates for construction options and alternatives selected during the Space Analysis study. 6. Compensation for these additional services shall be on an hourly basis, for staff members involved, not to exceed a total fixed maximum amount calculated as follows: Kenneth G. Ormbrek Barbara. A. Cline Ronald L. Phillips Leonard J. Hawk Marcy R. Wellner Jamie S. Peratrovich Structural Engineer Mechanical Engineer Electrical Engineer Acoustical Engineer Architectural L.onsultant 20 hours @ $65.00 = 170 hours @ $60.00 = 50 hours @ S60.00 = 15 hours @ $35.00 = 12 hours @ $30.00 = 10 hours @ $20.00 = 10 hours @ $50.00 = 10 hours @ $68.00 = 10 hours @ $75.00 10 hours @ $70.00 = 10 hours @ $60.00 = NOT TO EXCEED MAXIMUM $1,300.00 S10,200.00 $3,000.00 $525.00 $360.00 S200.00 $500.00 $680.00 $750.00 $700.00 S600.00 $18,815.00 7. See Attachment 'C' for Space Analysis Time Schedule. r • 10 • 4 BOSINESS OF THE CITY COUNCIL YAZIMA, WASHINGTON AGENDA STATEMENT Item No./:3 _ For Mmetisg Of June 27. 1989 Professional ssr'vices Contract P ITEM TITLE: f�O Inc. space Study. Remodel 6 Public Works shops spa Expansion • • 1. • • . E SUBMITTED BY: Jerry D. Copeland. Director of Public Works Dennis E. Covell. Director of Eng. and Util. CONTACT PERSON/TELRP,ORE: �"i > > ia= M. schi►YtxTransit Manager • 6005 ! SUMMARY EXPLANATION: • • The professional services contract before City Council today is the result of the efforts outlined.below and the success- ful acetifies between staff and TRAMP Inc. to finalise a scope of -work, .prepare a schedule of 'borke..rand establish profes- sional -Service fess. . The'origin of the contract -amount for the study and transit improvements is' based on the Council adopted 1988 City Budget Policy Issue for needed Transit Capital Improvements. The professional services contract before City Council will provide•construction documents from the first three items of the adopted Transit Capital Fund PAsdeet •(fee Attached 1988 Budget Pages 314 & 3151. • °"'%' . 1. Maintenance Garage Expansion (Two Says) 1277.600 2. Transit Operations Relocation and Facility Remodel 3. Bus Parking Shelter .• 1 ; . •.s ,•4 �:: •tstk,, a***a**a**as*aa***atm aaafeiim a t :••• . t � . •!!tom i • • : , w-`-• Continued on Page 2 Imams*sisifar*assists.:**/sssssssssssessa e . i4 171,924 160 000 � _ 4 . if • llesoldtion / 'r' o•o dirt• ,. XX *atm* x'+('' • Minutes •_. PlanMsp ' • • • ..•• t :e. . —gi• • r j •,, ti' • mss. :`„ '•f ���! j�.u• r !`wZR .... y '4. f ` - 1 • ibtiPes,ieie les Gthsi "Pc/f1•14- "Poles Issues • •*Rf.�f/• • • '. • • • •' • -! ' 1 fry r• •'b ta**** it • .Y *... • iastsa ifsasaaressaalseri a*aiNaaaaassaasaaaasasaaaasas = • ORP* titboyi i �: '34 sign fra c= ''• •_. L .14 �f••- • • 4 • • ' _ •�i' • �3y)A w • TRANS/STATE6, yJ - • 1;-‘•;t:a-;.;'::11- t-- Business of the City Coil Yakima, Washington Agenda ,Statement Item No. 1 For Meeting of 5/28/91 Item Title: Amendment #2 to T]R.AHO, INC., Professional Services Contract Submitted By: Jerry D. Copeland, Director of Public Word. Utilities Dennis E. Covell, Director of Engineering Contact :Person/Telephone: Mt; Acting Transit Manager Sim -nary Explanation: The Public Works Department and Transit Division is seeking to amend the TRAHO,, INC., professional services contract to perform additional consulting work. The purpose of the additional work is to provide architectural and engineering services to replace three hydraulic hoists in the maintenance shop. The additional work is to be performed by the Consultant for a maximum, not to exceed amount of $8,260. This will increase the total amount shown in Article 12, "Other Conditions and Services," from $318,174 to $326,434. EXHIBITS Resolution EJ Ordinance Contract [; Minutes Plan/Map Notification n List - Other Amendment No.1 approv 3/19/91 CITY ER APPROVED FOR SUBMITTAL: Staff Recommendation: Approval of Resolution Transit Committee Recommendation: Approval of Contract Amendment No. 2. Council Action: RESOLUTION NO. D 6068 A RESOLUTION authorizing execution of an amendment to the agreement with TRAHO INC. Architects for profes- sional services. WHEREAS, the City Council by Resolution No. D-5599 autho- rized execution of an agreement with TRAHO INC. Architects for remodeling of the Public Works Shop Complex located at 2301 Fruitvale Boulevard, Yakima; and WHEREAS, the City Council desires to amend the aforemen- tioned agreement to provide for additional services, including environmental investigation and property acquisition; and WHEREAS, the City wishes TRAHO INC. Architects to perform the aforementioned work not included in the original agree- ment; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima that an amendment to the afore- mentioned contract be executed, 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 "Amendment No. 3" with TRAHO INC. Architects for the purposes mentioned above, a copy of which amendment is attached hereto and by reference made part here- of. ADOPTED BY THE CITY COUNCIL this %/' day of 1992. ATTEST: Cres/traho.rp) Mayor RAH() INC. ARCHITECTS May 21, 1991 P.O. BOX 1644 YAKIMA, WASHINGTON 98907 FAX. (509) 452-0578 (509) 452-0609 AMENDMENT No. 2 to AIA Document B 141 for the following Project: Public Works Space Analysis and Transit Modifications City of Yakima, Public Works Department 2301 Fruitvale Boulevard Yakima, Washington 98902 1. Article 12 amended to include: "7. Architectural and mechanical engineering services to replace three (3) hoists in Maintenance Shops: Standard hourly rates, not -to -exceed maximum, $8,260.00." L(:::.f TRt&QT NO: C//- 44, Owner: Architect: ignature) Oignature) Richad. A. Zais, Jr., City of Yakima, Manager (Printed name and title) Kenneth G. Ormbrek, Principal (Printed name and title) r ATTEST City Cie -4c ,IBER AMERICAN INSTITUTE OF ARCH1I'hCTS JOHN H. MEYER, A.I.A. KENNETH G. ORMBREK, A.I.A. RESOLUTION Nd`: A RESOLUTION authorizing execution of an amendment to the agreement with TRAHO INC. Architects for profes- sional services. WHEREAS, the City Council by Resolution No. D-5599 autho- rized execution of an agreement with TRAHO INC. Architects for remodeling of the Public Works Shop Complex located at 2301 Fruitvale Boulevard, Yakima; and WHEREAS, the City Council desires to amend the aforemen- tioned agreement to provide for additional architectural and mechanical engineering services for the Public Works Complex; and WHEREAS, the City wishes TRAHO INC. Architects to perform the aforementioned work not included in the original agree- ment; and WHEREAS, the City Council deems it to be in the best interest of the City that an amendment to the aforementioned contract be executed, 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 "Amendment No. 2" with TRAHO INC. Architects for the purpose mentioned above, a copy of which amendment is attached hereto and by reference made part here- of. ADOPTED BY THE CITY COUNCIL this 28th day of May 1991. 7 Mayor ATTEST: GMAC.._ City Clerk fres/pubwrks.jv) AMENDMENT NO. 1 to AIA Document B 141 for the following Project: Public Works Space Analysis and Transit Modifications City of Yakima, Public Works Department 2301 Fruitvale Boulevard Yakima, WA 98902 WHEREAS, TRAHO INC. Architects, (hereafter TRAHO) and the City of Yakima, (hereafter City) entered into an agreement for architec- tural services on or about June 27, 1989 pursuant to City of Yakima Resolution No. D-5599; and WHEREAS, the City and TRAHO wish to amend the aforementioned agreement to provide for additional planning services structuring the use of the Public Works Shop Complex as a transit only facility and for additional site acquisition services, now, therefore, the parties mutually agree to the following modification of the afore- mentioned agreement: 1. "11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed on the following hourly rates: Architect: Associate Architect: Draftsman: Secretarial: 570.00 $65.00 $55.00 $30.00 2. Attachment 'A' is amended by complete substitution of a new Attachment 'A' which is attached and incorporated. 3. Attachment 'B' is amended to include a new item as fol- lows: '8. Compensation for services to revise the Public Works Space Analysis to reflect sole transit use of the complex within 10 - 15 years, on an hourly basis: Barbara A. Cline - 126 hours @ $65.00 = $8,190.00, Secretarial - 10 hours @ $30.00 = $300.00, not to exceed maximum - $8,500.00.' tagr/pubwrks.jv) 4. Article 12 is amended to read as follows: ARTICLE 12 OTHER CONDITIONS OR SERVICES 1. A/E fees per Attachment 'A' Total $273,319.00 2. Public Works Space Analysis per Attachment 'B': Maximum Total $ 27,315.00 3. Acoustical engineering: $70.00/hour, 80 hours: Maximum Total $ 5,600.00 4. Reproducible as-builts for construction work provided in this Contract: $50.00/hour, 80 hours: Maximum Total $ 4,000.00 5. Reproduction of drawings and specifications: $50.00/set, 40 sets: Total $ 2,000.00 6. Land acquisition consultant services: $660.00 per tax parcel, 9 parcels: Maximum Total $ 5,940.00 Total Fees $318,174.00" Except as modified herein, the remainder of the aforementioned agreement, authorized by Resolution No. D-5599, shall remain in full force and effect. OWNER: Richard A. Zais;'Jr. City of Yakima, Manager ATTEST: City Clerk CTY C;?RTRACT O: q,I_ - � S 9D (agr/pubwrks.jv) ARCHITECT: 2 enneth G. rmbrek Vice -President TRAHO INC. Architects ATTACHV"NT 'A' PER AWL._ NIENT 1 Architects/Engineers Fee Work Description Estimated Construction Cost (including Contingency) $404,831 A/E Fees2 9.11% Sch. B + 2.0% Remodel. $44,977 Subtotal X449,808 7.8% WSST $35,087 Total Budget' $484,895 1. Maintenance $ay Expansion 11.11% 2. Remodeling for Office Relocation $759,393 8.88% Sch. B +2.0% Remodel. $82,623 $842,016 $65,679 $907,695 10.88% 3. Bus Parking Shelter $555,976 7.6% Sch. C $42,255 $598,231 $46,665 $644,896 4. Site Improvements3 $991,984 8.43% Sch. B +2.0% Remodel. $103,464 $1,095,448 $85,447 $1,180,895 10.43% 5. Land Acquisition $479,977 Article 12, Item 6 $5,940 $485,917 $37,903 $523,820 $3,192,161 $279,259 $3,471,420 $270,781 $3,742,201 itI TAL 1. Origin of total budget numbers: Master Plan Costs, Transit Division Projection October 26. 1990. 2. A/E fees per Washington State Public Works Building Projects Schedule, effective dates July 1. 1990 to July 1. 1992. 3. Includes hazardous materials building and relocation of salt storage; mechanical systems and site utilities; car parking area; North 21st Avenue improvements; relocation of fuel island; vehicle wash. r , • J FROM ORA G.l h.►AA_ C.oN-t- A -r ATTACHMENT 'B' Scope of Additional Services for Public Works Space Analysis 1. Additional services for the Space Analysis shall include the services necessary to develop a Space/Needs assessment and an evaluation of the short term and long term Master Plan requirements of the Public. Works Shops facility as described in Paragraphs 2 through 4. 2. The Architect will collect information through study of the existing facility, staff interviews and a questionnaire and will prepare a preliminary report of findings to be reviewed and discussed at meetings with the Owner and Owner's representatives. 3. The Architect will collect additional information, prepare a Preliminary Report and conduct a meeting to evaluate findings and discuss options and alternates. 4. The Architect will prepare a final Report, conduct a meeting to discuss final solutions and submit the accepted Report. 5. The Architect shall prepare preliminary cost estimates for construction options and alternatives selected during the Space Analysis study. 6. Compensation for these additional services shall be on an hourly basis, for staff members involved, not to exceed a total fixed maximum amount calculated as follows: Kenneth (3.Ormbrek Barbara A. Cline Ronald L. Phillips Leonard J. Hawk Marcy R. Wellner Jamie S. Peratrovich Structural Engineer Mechanical Engineer Electrical Engineer Acoustical Engineer Architectural Consultant 20 hours @ $65.00 = 170 hours @ $60.00 = 50 hours @ $60.00 = 15 hours @ $35.00 = 12 hours @ $30.00 = lO hours @ $20.00 = 10 hours @ $50.00 = 10 hours @ $68.00 = 10 hours @ $75.00 = 10 hours @ $70.00 10 hours @ $60.00 NOT TO EXCEED MAXIMUM $1,300.00 $10,200.00 $3,000.00 $525.00 $360.00 $200.00 $500.00 $680.00 $750.00 $700.00 $600.00 $18,815.00 7. See Attachment 'C for Space Analysis Time Schedule. TO: MEMORANDUM November 19, 1990 Dick Zais, City Manager, Jerry Copeland, Director of Public Works, and John Hanson, Director of Finance and Budget FROM: John Vanek, City Attorney SUBJ: Public Works Facility Improvements Jerry Copeland has asked the following question. Is it lawful to use Transit Capital Reserve Funds to fund acquisition of addition- al real property and capital improvements at the Public Works site? Such a transaction is legally permissible provided certain steps are taken. The steps are outlined below. Pages 171 to 181 of the 1991 Budget Policy Issues contain a pro- posal for the use of approximately 3.7 million dollars plus acquisition cost over a four-year period of time for land acquisition and site improvements at the Public Works site at 2301 Fruitvale Boulevard. Funding is from the Transit Capital Reserve Fund. Land and capital improvements have been proposed in a City of Yakima Public Works Shops Complex Master Plan which I will refer to as the "Master Plan." According to the executive summary of the Master Plan it was created to respond "to the critical need of the City of Yakima Public Works Department to evaluate and propose means to elevate crowded work conditions at the Shop Complex." See the Master Plan Executive Summary on page 176 of the Budget Policy Issues. It goes without saying that the Public Works complex contains the multiple divisions of the Public Works Department, including Transit, and the Water and Irrigation Division of the Department of Engineering and Utilities. The Master Plan outlines increased indoor and outdoor space needs of the entire Public Works Department and the Water Department. Nothing in the Master Plan indicates that the site will become an exclusive Transit complex in the next ten to twenty years. Chapter 3.69 of the City of Yakima Municipal Code contains the City's Transit Capital Reserve Fund Ordinance. This is the fund which will be tapped for the proposed improvements in addition to Federal Urban Mass Transit Assistance money. See page 175 of the 1991 Budget Policy Issues. Section 3.69.010 of the City Code states in part that the money from such fund..."shall be expended only for the purpose of purchasing capital equipment related to the City of Yakima Transit system." According to Finance Director John Hanson, the fund contains the following revenue: fare box revenue, fund interest, miscellaneous funds, and Transit sales and use tax authorized by RCW 82.14.045. - 1 - (mem\pwfclty) The budget proposal includes acquisition of land and capital construction. These expenditures do not fit within the meaning of equipment which according to two sources excludes land and build- ings. See Webster's Third International Dictionary page 768 and Webster's Ninth Collegiate Dictionary page 420. To facilitate the proposed transaction Section 3.69.010 must be amended to include the purchase of capital improvements, land acquisition in addition to equipment. In addition, in so far as money in the Transit Capital Reserve Fund includes sales and use tax revenue authorized by Section 3.89.020 of the City of Yakima Municipal Code and RCW 82.14.045, such funds must be used only for operation, maintenance, and capital needs of the City's transportation system. This restric- tion is found both in RCW 82.14.045 and YMC 3.89.020. To the extent that Transit sales and use tax revenue and Transit Capital Reserve Fund revenue were applied to the proposed project, it would be subject to state examiner audit criticism that it was not being spent for the designated purposes required in state law and City ordinance. Those purposes are limited to operation, maintenance, and capital needs of the City's transportation sys- tem. The Master Plan clearly indicates benefits to other divi- sions of Pablic Works and the Water and Irrigation Division. However, it appears this weakness may be corrected through the addition of an addendum to the Master Plan indicating that the entire improved Public Works complex is intended to be used in the next ten to twenty years for Transit purposes. It must convey a clear intent to use the site for Transit alone eventually. A factual basis would need to be established for such an assertion as well as some kind of projected time table showing when and how the Transit Division would begin utilizing the entire facility. Critical to this entire process is the apparent fact that half of the improved site, according to former Transit Manager Bill Schultz, will be initially used by the Transit Division. In the near term, according to Mr. Schultz, Transit operations will begin to expand due to annexation, downtown shuttle service, and the interest of surrounding communities in transit service extension. All improvements to the site would, of course, need to be compati- ble with the Transit Division's eventual use of the facility. Thereby it can be said that the Master Plan is for the benefit of the Transit system though overall utilization is accomplished in stages well into the future. Without this addendum, the Master Plan is clearly for the partial benefit of operations not related to the Transit system - Parks and Recreation, Water and Irriga- tion, Streets, and the general administration of the Public Works Department. The fact that other divisions within the Public Works Department and the Water and Irrigation Department would pay rent to the Transit Fund prevents a violation of RCW 43.09.210 which prohibits one fund from benefiting another. Such a rent payment, in and of - 2 - (mem\pwfcity) itself, does not solve the overall problem that the project, as it is currently written, is not for operation, maintenance, and capital needs of the City's Transit system. In sum, the project is conceptually lawful, provided the steps outlined above are taken. JV/las - 3 (mem\pwfclty) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /3 For Meeting Of June 27 1989 ITEM TITLE: TRAHO Inc. Professional Services Contract Public Works shops space Study, Remodel & Expansion t t SUBMITTED BY: Jerry D. Copeland, Director of Public Works Dennis E. Covell, Director of Eng. and Util. CONTACT PERSON/TELEPHONE: Will am W. Schultz,.)Transit Manager 57-6005 SUMMARY EXPLANATION: The professional services contract before City Council today is the result of the efforts outlined.below and the success- ful meetings between staff and TRAHO inc. to finalize a scope of -'work, .prepare a schedule of lworkidTTmod establish profes- sional• service fees. �s'• +' The -'origin of the contract -amount for the study and transit improvements id based on the Council adopted 1988 City Budget Policy Issue for needed Transit Capital Improvements. The professional services contract before City Council will provide -construction documents from the first three items of the adopted Transit Capital Fund Budget (See Attached 1988 Budget Pages 314 & 315). ' - 1. Maintenance Garage Expansion (Two Bays) $277,600 2. Transit Operations Relocation and Facility Remodel 3. Bus Parking Shelter ,- * a EC-.7... HIBITS ii=s +}•' * •i .,1: , , i -, •''i _risem'.' ' ' ---4.,-/;i.1:7.' ; : ' n.t t ; :.'44.. ,. . 1 _ •* 1. -1' XX Re 1dtion ' '•Ordinance XX Contract :, #`, Mirmit , -_ P1an/ltap - * f ,•. ',. '_ .� $i. s' i - ^„ J.9*,.. - * *. s- 1btifi aticb I4i - • ,)DC'"Otieer"•••ISsicifylli + ` �Pol " Issue * * d, .-**01` tt * ~�, 3 .�]';.7 a".-,.. , #4 ..' - * A* PPROVED Fit 1Li ' .. * .� . 3 * ., 3 f 4.-•---1 .'.1.1�. .' ' . k' _ _ ., ,. t'f •***a****1***;,***** f*3******* :*****nt**s*irIsfrkbc:*s*Rs**att*u****s*s****:*** : - ,• •:. .tt ... F :� i• F. ' .. :.i. ', i :, •fes, ONi'Oiuttso;i_z it a t liign r©ntrapt. _. a• 3 4 %! �. '-, �. , `r t SPJ.�,:�'•c , M • i + 171,924 160 000 0' ,524 -- Continued on Page 2 4 4 4 + di TRANS/STATE6 r2: r * • e • • DEPARTMENT: PUBLIC WORKS DIVISION: TRANSIT CAPITAL FUND VI. MAJOR POLICY ISSUES/SUPPLEMENTAL BUDGET REQUESTS D. Transit Capital Improvements ents eeded in 1. PublicaWorks.e Transit Division{ cFunding iisrcurrentlynthe available in the Transit Capital Reserve Fund sufficient to accomplish the improvements. However, additional funds will soon be available through the Transit Operating Fund due to the anticipated receipt of UMTA operating grant funds. Those improvements being proposed are summarized in the following list. Each is discussed in more detail in the report which follows. CAPITAL IMPROVEMENTS SUMMARY Item Estimated Cost 1. Maintenance Garage Expansion (Two Bays) $277,600 2. Transit Operations Relocation and Facility 9,24 Remodel 171711,920 3. Bus Parking Shelter 58,000 4. Maintenance Equipment 42,000 5. Passenger Shelters 5709,524 Capital Improvements 1. Maintenance Garage Expansion -- It is proposed that two addi- tional bays be added to the maintenance garage. These bays should be of 100' in depth as current bays will not accom- modate two transit coaches and leave space for Mechanics to get around thea safely. The estimated cost of this project is squarefeet000 sqplus and contingencies. 2. Transit Operations Relocation and Facility Remodeling -- The current Public Works facility was not designed to include either the Transit Division Parks Recreation. addition of these two divisions hascreateda space problem within the facility. In seeking solutions to this dilena, we have concluded that the relocation of Transit operations would both improve operations for the Transit Division and provide additional space for other Public Works personnel. e sonnel $171,924. hecas of this proposal is estimated obe Housingapp Services D1, (Cost estimate provided by on.) 3. Bus Parking Shelter -- It is proposed that a sheltered parking area be constructed along the rear fence of the City Shops Complex. Such a structure would provide shelter frau the elements for those vehicles which could not be garaged inside 314 RESOLUTION NO. D p' 5 8 9 0 A RESOLUTION authorizing execution of an amendment to the agreement with TRAHO INC. Architects for profes- sional services. WHEREAS, the City Council by Resolution No. D-5599 autho- rized execution of an agreement with TRAHO INC. Architects for remodeling of the Public Works Shop Complex located at 2301 Fruitvale Boulevard, Yakima; and WHEREAS, the City Council desires to amend the aforemen- tioned agreement to provide for additional site acquisition services and planning services structuring the use of the Public Works Complex as a transit only facility; and WHEREAS, the City wishes TRAHO INC. Architects to perform the aforementioned work not included in the original agree- ment; and WHEREAS, the City Council deems it to be in the best interest of the City that an amendment to the aforementioned contract be executed, 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 "Amendment No. 1" with TRAHO INC. Architects for the purpose mentioned above, a copy of which amendment is attached hereto and by reference made part here- of. ADOPTED BY THE CITY COUNCIL this 19th day of March 1991. c;),„ ATTEST: J Cole, City Clerk (res/pubwrks.jv) Mayor T HE AMERICAN INSTITUTE r' A R C H I T E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect 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 Twenty -Seventh Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Architect: (Name and address) Eighty Nine. clay of June City of Yakima 129 North Second Street Yakima, Washington 98901 TRAHO, INC., Architects P. 0. Box 1644 Yakima, Washington 98907 in the year of For the following Project: (Include detailed description of Project, location, address and scope.) Public Works Space Analysis and Transit Modifications City of Yakima, Public Works Department 2301 Fruitvale Boulevard Yakima, Washington 98902 City Contract No. -. 9 The Owner and Architect agree as set forth below. Resolution No — 75 Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N W., Washington, D C. 20006 Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. MA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D C. 20006 B141-1987 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 he performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11 5 1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2 1 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10 3.3 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA© • ©1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D C. 20006 B141-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a 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) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2 6 5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3 1 1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents 3 B141-1987 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2 6 17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services The services described under Paragraphs 3.2 and 3 4 shall only be provided if authorized or confirmed in writing by the Owner If services described under Contingent Additional Services in Paragraph 3 3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2 6 5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2 5 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 B141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner 3.4.10 Providing detailed estimates of Construction Cost 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor 3.4.12 Providing analyses of owning and operating costs 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services 4.5 The Owner shall furnish surveys describing 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, adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site, locations. dimen- sions and necessary data pertaining 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. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested b\ the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner 4.9 The services, information, surveys and reports required by Paragraphs 4 5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 B141-1987 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA' • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1 735 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 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2 3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall. .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3, or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2 4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights 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 Constniction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable 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 proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration 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, AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 B141-1987 6 except by written 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 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 agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 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 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8 7 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of 7 B141-1987 AR DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 the specific information considered by the Owner to be confi- dential or proprietary The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 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 are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project, expenses in connection with authorized out-of-town travel, long-distance communications, and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner 10.2.1.5 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. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11 1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2 10.3.3 If and to the extent that the time initially established in Subparagraph 11 5 1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11 3.2 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows. 11.1 AN INITIAL PAYMENT of ollars ›OCCXXKXXXXXN shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION ♦•••••♦ ♦•••••••••♦ ♦..♦ ♦••••••••••••••••4. 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 nzetbods of compensation apply if necessary ) A percentage of construction cost per Attachment 'A'. Payments to be made monthly based upon completed work. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, P35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 8 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.) Schematic Design Phase: Fifteen percent ( 15 %) Design Development Phase: Twenty percent (20 %) Construction Documents Phase: Forty percent ( 40 %) Bidding or Negotiation Phase: Five percent ( 5 %) Construction Phase. Twenty percent ( 20 %) Total Basic Compensation. one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be coln- putedxxktxxx on the following hourly rates: Architect: Kenneth G. Ormbrek, A.I.A. $65.00 John H. Meyer, A.I.A. $65.00 Associate Architect: Barbara A. Cline, A.I.A. $60.00 Ronald L. Phillips, A.I.A. $60.00 Draftsmen: Nancy R. Charron $50.00 Leonard J. Hawk $35.00 Word Processing: Marcy R. Wellner $30.00 Clerical: Jamie S. Peratrovich $20.00 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows. (Insert basis of compensation. including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary) Per Article 11.3.1. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3 4 19 or identified in Article 12 as part of Additional Services, a multiple of 110 percent ( 1.1 ) times the amounts billed to the Architect for such services (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of 110 percent ( 1.1 ) 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 ( ) 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 Fifteen ( 15 ) 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.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Archi- tect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 9 B141-1987 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 11.5.3 The rates and multiples set forth for Additional Services shall he annually adjusted in accordance with normal salary review practices of the Architect ARTICLE 12 OTHER CONDITIONS OR SERVICES (insert descriptions of other services, identify Additional Services included within Basic Compensation and modijicatunzs to the payment and compensation terms included in this Agreement.) 1. A/E fees per Attachment 'A': Total $55,147.00. 2. Public Works Space Analysis per Attachment 'B': Maximum Total $18,815.00. 3. Acoustical engineering: $70.00/hour, 80 hours: Maximum Total $ 5,600.00. 4. Reproducible as-builts for construction work provided in this Contract: $50.00/hour, 80 hours: Maximum Total $ 4,000.00. 5. Reproduction of drawings and specifications: $50.00/set, 40 sets: Total $ 2,000.00. TOTAL r'IES $85,562.00 This Agreement entered into as of the day and year first written above. OWNER (Signature) Richard A. Zais, Jr. City • (Prxrued ,spree and title) .. 11. u_•_. - ARCHITECT g,tcttatre) Kenneth G. Ormbrek Vice -President (Printed name and title) AL& DOCUMENT B141 • OWER -ARCHITECT AGREE-MENT • FOURTEENTH EDITION • AIA` • ©1987 THE AMERICA.. ISSTITLTE OF ARCHITECTS 1735 SES- YORK AVENUE. ti Wit'., WASHINGTON. D C 20006 ATTEST: cola City Clerk City Contract No. Resolution No. B141-1987 10 AT 1'ACIIMEN'I' 'A° Architects/Engineers Fee Work Description Estimated Const. Cost (incl. Contingency) A/E Fees Subtotal 7.80% W.S.S.T Total Budget (1.) 1. Maintenance Bay Expansion $230,954 9.5% Sch. B +2.0% Remodel. $26,560 $257,514 $20,086 $277,600 11._50% 2. Remodeling for Office Relocation $142,651 9.8% Sch. B +2.0% Remodel. $16,833 $159,484 $12,440 $171,924 12% 3. Bus Parking Shelter $136,669 8.6% Sch. C $11,754 $148,423 $11,577 $160,000 5. TOTAL $510,274 10.80% $55,147 $565,421 $44,103 $609,524 1. Origin of total budget numbers: 1988 City Budget. 2. A/E fees per Washington State Public Works Building Projects Schedule, effective dates, July 1, 1988 to July 1, 1990. ATTACHMENT 'B' Scope of Additional Services for Public Works Space Analysis 1. Additional services for the Space Analysis shall include the services necessary to develop a Space/Needs assessment and an evaluation of the short term and long term Master Plan requirements of the Public Works Shops facility as described in Paragraphs 2 through 4. 2. The Architect will collect information through study of the existing facility, staff interviews and a questionnaire and will prepare a preliminary report of findings to be reviewed and discussed at meetings with the Owner and Owner's representatives. 3. The Architect will collect additional information, prepare a Preliminary Report and conduct a meeting to evaluate findings and discuss options and alternates. 4. The Architect will prepare a final Report, conduct a meeting to discuss final solutions and submit the accepted Report. 5. The Architect shall prepare preliminary cost estimates for construction options and alternatives selected during the Space Analysis study. 6. Compensation for these additional services shall be on an hourly basis, for staff members involved, not to exceed a total fixed maximum amount calculated as follows: Kenneth G. Ormbrek Barbara A. Cline Ronald L. Phillips Leonard J. Hawk Marcy R. Wellner Jamie S. Peratrovich Structural Engineer Mechanical Engineer Electrical Engineer Acoustical Engineer Architectural Consultant NOT TO EXCEED MA 20 hours @ $65.00 = 170 hours @ $60.00 = 50 hours @ $60.00 = 15 hours @ $35.00 = 12 hours @ $30.00 = 10 hours @ $20.00 = 10 hours @ $50.00 = 10 hours @ $68.00 = 10 hours @ $75.00 = 10 hours @ $70.00 = 10 hours @ $60.00 = $1,300.00 $10,200.00 $3,000.00 $525.00 $360.00 $200.00 $500.00 $680.00 $750.00 $700.00 $ 600.00 $18,815.00 7. See Attachment 'C' for Space Analysis Time Schedule. ATTACHMENT 'C' YAKIMA CITY SHOPS • SPACE ANALYSIS TIME SCHEDULE DATE AGENDA June 27-30 City notifies designated staff of Traho individual/small group interviews. June 27-30 City prepares existing site utilization dimensions. June 27 -July 7 Traho interviews staff individuals/small groups. (July 7) (July 19) Traho prepares questionnaire for all City Shops staff. (Date of Distribution) (Due Date) July 19-26 Traho reviews interview and questionnaire responses and prepares a Facility Use Summary Chart. July. 31 Preliminary Workshop with Design Committee. August. 2 *Study session with City Council Transit Committee. 7:00 a.m. August. 4 ** Preliminary Workshop with City Shops staff. August. 7 Traho prepares Bubble Diagrams for Design Committee Workshop #2. August. 24 Traho prepares Diagrammatic Floor Plans and Preliminary Cost Estimates for Design Committee Workshop #3. September. 11 Traho prepares Preliminary Report for Design Committee Workshop #4. September. 18 Traho refines and finalizes Report for acceptance by Design Committee at Workshop #5. September. 19 *Study session with City Council Transit Committee. 7:00 a.m. September. 20 **Second Workshop with City Shops staff. NOTE: 1. This Schedule is subject to the Owner -Architect Contract date. 2. All meetings at 8:30 a.in. unless noted. EVANSTON INSURANCE COMPANY SHAND MORAHAN PLAZA EVANSTON, ILLINOIS ( 01 POLICY NO. BK100565 PREV. NO. NEW PROD. NO. CC207 DECLARATIONS— ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY INSURANCE CLAIMS MADE POLICY: THIS POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD. PLEASE REVIEW THE POLICY CAREFULLY. 1. NAMED INSURED: TRAHO, INC., ARCHITECTS 2. ADDRESS OF INSURED: 3907 SUMMITVIEW AVENUE YAKIMA WA 98902 3. PERIOD: FROM SEPTEMBER 21, 1988 TO SEPTEMBER 21, 1989 12:01 A.M. STANDARD TIME AT ADDRESS OF INSURED STATED ABOVE. 4. NAMED INSURED'S PROFESSIONAL ACTIVITY: ARCHITECTURAL SERVICES 5. LIMIT OF LIABILITY: THE LIABILITY OF THE COMPANY FOR EACH CLAIM UNDER THIS POLICY SHALL NOT EXCEED $ 1,000,000 AND, SUBJECT TO THAT LIMIT FOR EACH CLAIM, THE TOTAL LIMIT OF THE COMPANY'S LIABILITY FOR ALL CLAIMS DURING THE POLICY PERIOD SHALL NOT EXCEED IN THE AGGREGATE $ 1,000,000 6. DEDUCTIBLE: $ 5,000 7. PREMIUM: $ 15,013.00 SURPLUS LINES TAX 2.00% $ 300.26 STAMPING FEE .25% $ 37.53 8. ENDORSEMENTS ATTACHED- SEE TTACBED- SEE ATTACHED SCHEDULE OF ENDORSEMrENTS POLICY FORM: EIC 1101 01/81 09/23/88 EIC 1159 09/87 ALL CLAIMS TO BE REPORTED DIRECTLY TO SHAND, MORAHAN & COMPANY, INC. SHAND MORAHAN PLAZA EVANSTON, ILLINOIS 60201 (7 846pp-2800 o j AUTHORIZED REPRESENTATIVE UNIGARD SECURITY INSURANCE COMPANY SEATTLE, WASHINGTON POLICY NO. BUSINESSOWNERS SPECIAL POLICY BO 34 8916 DECLARATION • • T.. Unigard .1nstrance Group PRODUCER 16741 TERRIL LEWIS AND WILKE INSURANCE, INC #5, YAKIMA POLICY PERIOD: FROM 06-13-88 TO 06-13-89 12:01 A.M. STANDARD TIME AT LOCATION OF DESIGNATED PREMISES TRAHO INC 3907 SUMMITVIEW AVE YAKIMA, WA 98902 NAMED INSURED & MAILING ADDRESS ACCOUNT 308053 NAMED INSURED IS A CORPORATION DESIGNATED PREMISES: SEE SUPPLEMENTAL DECLARATIONS - SCHEDULE OF LOCATIONS/COVERAGES ATTACHED SCHEDULE OF COVERAGES AND LIMITS OF LIABILITY 7'•-•-•-•*:_'.*',*;;:;=;:; SECTION I - PROPERTY COVERAGES AND DEDUCTIBLES SEE SUPPLEMENTAL DECLARATIONS - SCHEDULE OF LOCATIONS/COVERAGES ATTACHED SECTION II - COMPREHENSIVE LIABILITY BUSINESS LIABILITY S 1,000,000 EACH OCCURRENCE S 1,000,000 AGGREGATE MEDICAL PAYMENTS S 1,000 EACH PERSON $ 10,000 EACH ACCIDENT FOR THE PREMIUM ?AID, INSURANCE IS PROVIDED TO THE NAMED INSURED ACCORDING TO THE ATTACHED FORMS AND ENDORSEMENTS: SEE SCHEDULE OF FORMS ATTACHED �•-•-•••-� TOTAL PREMIUM $281 .00 ***** COUNTERSIGNED BY �i AUTHORIZED AGENT 06-24-88 �zt 1309 1 UNIGARD SECURITY r1SURANCE COMPANY SEATTLE, WASHINGTON POLICY NO.1 t BUSINESSOWNERS SPECIAL POLICY BO 34 8916 SUPPLEMENTAL DECLARATIONS pll i) Unigard .Irstxanoe Group PAGE 1 ********;'*****1c**** SCHEDULE OF LOCATIONS AND COVERAGES ******************* LOC #001 BLDG #001 3907 SUMMITVIEW AVE YAKIMA, WA 98902 INSURED'S BUSINESS IS ARCHITECT SECTION I PROPERTY COVERAGES B. BUSINESS PERSONAL PROPERTY — INSURED — REPLACEMENT COST BASIS LIMITS OF LIABILITY PREMIUM 70000 $ 266 DEDUCTIBLE: $ 100 EACH OCCURRENCE $ 2000 AGGREGATE EACH OCCURRENCE $ 250 THEFT C. LOSS OF INCOME D. MONEY AND SECURITIES SECTION II COMPREHENSIVE BUSINESS LIABILITY SEE POLICY INCLUDED $ 10000 ON PREMISES INCLUDED $ 2000 OFF PREMISES INCLUDED E. SEE POLICY DECLARATIONS FOR BUSINESS LIABILITY LIMITS OF LIABILITY F. SEE POLICY DECLARATIONS FOR MEDICAL PAYMENTS LIMITS OF LIABILITY OPTIONAL LIABILITY COVERAGES FIRE LEGAL LIABILITY EMPLOYERS NON—OWNERSHIP AUTOMOBILE LIABILITY EMPLOYERS LIABILITY (STOP GAP) SEE POLICY SEE POLICY SEE ATTACHED INCLUDED INCLUDED $ 15 06-24-88 1311 RESOLUTION NO. D 5 5 9 9 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with TRAHO INC. Architects for professional services. WHEREAS, in connection with the Public Works Shops Com- plex space study, remodel, and expansion at 2301 Fruitvale Boulevard, it is necessary to engage professional architectur- al services to conduct analyses, findings, and alternatives for the utilization of space, prepare architectural plans, bid specifications for the modifications, renovations to, and the expansion of, the Public Works Shops Complex; and WHEREAS, City staff has complied with the requirements of RCW Chapter 39.80 regarding bids for architectural services; and WHEREAS, TRAHO INC. Architects has offered to perform those professional services in accordance with the provisions of the attached agreement document; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima that the agreement document be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement entitled "Standard Form Agreement Between Owner and Architect" (with attachments) with TRAHO INC. Architects, for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this day of June 1989. Mayor ATTEST: Cmc City Clerk res/traho