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HomeMy WebLinkAboutR-1994-047 Yakima Police Station / Legal CenterRESOLUTION NO. R-94- 4 7 A RESOLUTION authorizing and directing the Cit.) Manager and City Clerk of the City of Yakima to execute a contract amendment with Architecture Associates for professional architecture services for the Yakima Police Station/Legal Center project. WHEREAS, on November 16, 1993, the City Council decided that the Yakima Police Station/Legal Center should be constructed on the Wikstrom block bordered 1:), South Third Street, Spruce Street, and South Second Street; and WHEREAS, the Cit} desires to amend the existing agreement for architectural services in order to obtain additional services necessary to provide additional design V%ork and bid document preparation to allow for an alternate bid for enhanced holding facility capabilities; and WHEREAS, the add alternate bid option would provide the City with the fle\ibilit\ to consider a full build out of the base bid to include a thirt-da) holding facilit} with an additional 1,800 square foot secure exercise yard in accordance with state standards, nov%, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima Cit) Manager and Cit) Clerk are hereby authorized and directed to execute the attached and incorporated "Supplemental Agreement Amending Cit. \ Contract No. 93-103" with Architecture Associates, A.I.A./P.S. ADOPTED BY THE CITY COUNCIL this 1°} oda} of /i er t , 1994. ATTEST: Cit. Clerk _s res n. Mayor SUPPLEMENTAL AGREEMENT AMENDING CITY CONTRACT NO. 93-103 91k- Thiss Supplemental Agreement is made and entered into this f day of , 1994, by and between Architecture Associates A.I.A./P.S. (hereinafter referred to as "Architect") and the City of Yakima, Washington, a municipal corporation of the State of Washington (hereinafter referred to as "City"). WHEREAS, pursuant to Yakima City Council Resolution No. R-93-130 adopted on December 14, 1993, the parties hereto executed a Standard Form of Agreement Between Owner and Architect, Form B141 (City Contract No. 93-103); and WHEREAS, pursuant to City Council direction, the City needs to amend the contract for architecture services to provide an Add Alternate Option for enhanced prisoner holding facilities as part of the Police Station/Legal Center; now, therefore, in consideration of the mutual covenants contained herein, it is mutually agreed by and between the parties hereto as follows: 1. Yakima City Contract No. 93-103, a copy of which is attached hereto and incorporated by reference herein, shall be amended to provide for a revised design services scope that will include a base bid 48,000 square foot design program (72 hour holding) and expansion shell of 2,574 square feet, together with an Add Alternate Bid for a full build out to a thirty -day prisoner holding facility and an additional 1,800 square foot secure exercise yard. The estimated construction cost (including sales tax) of the base bid is $5,996,591.00, and the estimated additional construction cost for the Add Alternate Bid is $703,409.00. 2. These additional design services shall be completed by the architect in accordance with the existing terms and conditions of City Contract No. 93-103 for an additional compensation amount not to exceed $55,675.00. The total amount of compensation for basic services set forth in Section 11.2.1 of the attached B141 Contract shall be amended to the revised total dollar amount of $505,835.00. 3. The total compensation limitation set forth in Section 12.17 of the attached B141 Contract shall be amended to a total amount not to exceed $505,835.00. 4. Notwithstanding any other provision contained in this Supplemental Agreement or any other document, the City's entire obligation to compensate Architect for all work, services, costs, and expenses contemplated hereunder shall not exceed the combined total of $505,835.00. 5. Other than the amendments contained in this Supplemental Agreement, all of the other terms and conditions contained in the attached B141 Contract shall remain effective as stated therein. Page 1of2 (la)a /M/Legal/architecture amaaat., IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the date first herein written. CITY OF YAKIMA ARCHITECTURE ASSOCIATES A.I.A./P.S. By: Dick Zais, CityManager ATTEST: City Clerk Page 2 of 2 (Ls)egr/PO/Logal/architecture amndmt.rp By: Its: s L T. HE AMERIC A 1. INSTITUTE Q3 -/c23 L f ARCHITECT S OWNER 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 Second day of January in the year of Nineteen Hundred and Ninety Four BETWEEN the Owner: (Name and address) and the Architect: (Name and address) CITY OF YAKIMA 129 North Second Street Yakima, Washington 98901 ARCHITECTURE ASSOCIATES A.I.A. / P.S. 1320 North 16th Avenue, Suite C Yakima, Washington 98902 For the following Project: CITY OF YAKIMA POLICE STATION / LEGAL CENTER (Include detailed description of Project, location, address and scope.) (City Project No. 93-68) Provide comprehensive architectural and engineering services, landscape design and construction administration for the project to be located on the "Wikstrom Block" bordered by Walnut on the north, South Third Street on the east, Spruce on the south and South Second Street on the west, in Yakima, Washington. The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966, 1967, 1970, 1974, 19—. ©1987 by The American Institute of Architects, 1735 New York Avenue, N W., Washington, D C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING. Unlican-ced ohotocoovino violates U.S. copyright laws and is subject to legal prosecution. B141-1987 1 313101WO EDITOR'S NOTE From time to time,- the AIA makes minor conrections and clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987 edition of B141 were made in Subparagraphs 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subparagraph 2.6.10 and Paragraph 4.5. See Section C of the Instruction Sheet for a detailed description of these changes. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. 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 Artide 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 fumished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substan- tial Completion of the Work. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201. General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 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 giiality 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, to the best of the Architect's knowledge, informa- tion and belief, the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quantity of theWork, (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 chall he rplzen 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 Stun 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 8141-1981 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AfA° • ©1987 THE AMERICAN INS1TFUTE OF ARCHITE.., ib, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be fmal 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 othertters in ques- tion between the Owner and Contractor relating-tg 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 xarjmixija as provided in this Agreement and in the Contract Documents. See Article 12 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 Reptcsen- tatives, the Architect shall endeavor to provide further pntec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shat€ 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 Diawiuigs, 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 Owners 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 evaluatingsubsti- 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 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH IIDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 8141-1987 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. SZit 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 ection 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, quyrment, 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, flE bility, expandability, special equipment, systems and si requirements. * See Article 12 4.2- The Owner shall establish and update an overall budge 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. Eveyc dcceril3ing physicai cteristics, legal limitations and utility locations for the site of Project, and a written legal description of the site. The surveys II le •_. . •rmation shall include, as applicable, grades an • streets, alleys, pavements and adjoining property 1044'.tructures; adjacent drainage; rights-of-way, restriction e ents,•encroachments, zoning, deed restric- tions, bo ? .: 'es . . contours of the site; locations, dimen- sions and necessary da. .-rtaining..e existing buildings, other improvements and trees; .•• d information concerning available utility services and lines, bo public and private, above and below grade, including inverts depths. All the information on the survey shall be reference. Q a Project benchmark. 4.6 The Owner shall furnish the servic of geotechnical engi- neers when such services are requested by e Architect. Such services may include but are not Limited to t borings, test pits, determinations of soil bearing values, per tion tests, evaluations of hazardous materials, ground corrosio id resis- tivity tests, including necessary operations for anticipat hg sub- soil conditions, with reports and appropriate profies Q21 rec mmendati nc. 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 iegai, 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- that would require knowledge or services beyond the ope of this Agreement. 12.5 Add 4 12 ,,and 4.13 WNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 E OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 5 3141-1987 ALA DOCUMENT 8141 • THE AMERICAN INST1TU WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are bility of the Owner as provided in Article 4. See Article 12 Demolition "fie_ 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 establi&hment 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. e respon- 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 accordar - 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 52.4.4, 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 tIV 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. 7.1 C parties to merit or breach tration in accor tion Rules of the Am effect unless the parties ARBITRATION disputes or other matters in question between the eement arising out of or relating to this Agree- ereof shall be subject to and decided by arbi- with the Construction Industry Arbitra- Arbitration Association currently in tually agree otherwise. 7.2 Demand for arbitration other party to this Agreement tion Association. A demand for arbit a reasonable time after the claim, dis question has arisen. In no event shall the be made after the date when institution o proceedings based on such claim, dispute or question would be barred by the applicable statutes be filed in writing with the with the American Arbitra- tion shall be made within to or other matter in and for arbitration or equitable er matter in 7.3 No arbitration arising out of or relating to this A shall include, by consolidation, joinder or in any other ent r, AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 6 Is* e-fts eement signed by the Owner, Architect, and any other person • entity sought to be joined. Consent to arbitration involving • ditional person or entity shall not constitute consent to arbit . _ •n of any claim, dispute or other matter in question not describe • the written consent or with a person /� icentity not named or d 'bed therein. The foregoing agree- lt to arbitrate and other .+;' yiients to arbitrate with an 11.aV additional person or entity duly co - ted to by the parties to 1 this Agreement shall be specifically . • . eable in accordance with applicable law in any court having jur . <'ction thereof. 7.4 The award rendered by the arbitrator or arbitrat• s. shall be final, and judgment may be entered upon it in accordan _. ith ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 cnn..secutive 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 stisperfesion shall take effect without further notice. Ill the event of a suspension of services, the Architect shall have no liability to the Owner for delay or clan -age 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. d Additional Services, and include expenses which are table to termination. Termination Expenses shall rcentage of the total compensation for Services earned to the time of ter - directly at be computed as Basic Services and Ad mination, as follows: .1 Twenty percent of the total c •-nation for Basic and Additional Services earned to da termination occurs before or during the predesign, site Fiesest-®r �'•► Services earned to date if termination occurs during i_ + Development Phase; or .3 Five percent of the total coon for Basiiccaand �_ Additional Services earned to date'f asla ",`+++�,,,, occurc dt gany oubse cnt ph.aac. e� 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 .agrued. and the applicable statutes of limitations shall`coni- -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 of 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 AL4 DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INS 11 1 LTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. 10.1 ARTICLE 10 PAYMENTS TO THE ARCHITECT eecIff-I es 1 anEc sh t salari - . Architect's personn ' engaged on the Project and the portion of - of their�� < . • and customary con- tributions and benefits re az :� 1 • , such as employment taxes and other statutory - .' • ee . = • - i ts, insurance, sick' leave, holidays, vacations, pensions and s" I GI - - • ributions a-(3eklo%c 10.2 REIMBURSABLE EXPENSES See Article 12 n. for Basic and Additional Services and include expenses in ed by the Architect and Architect's employees and con - sultan " the interest of the Project, as identified in the f. ; w- ing Cla 10.2.1.1 E .. - oftrap u connection with Project; expe in con ection with authorized out-of-town travel; long-distanc communications; and fees paid for secur- ing approval of autho " "es having jurisdiction over the Project. 10.2.1.2 Expense of rep . duction, postage and handling of Drawings, Specifications an. .ther documents. 10.2.1.3 If authorized in advan - by the Owner, expense of overtime work requiring higher regular rates. 10.2.1.4 Expense of renderings, models by the Owner. 10.2.1.5 Expense of additional insurance co including professional liability insurance, requ Owner in excess of that normally carried by the Architect's consultants. d mock-ups requested ge or limits, ed by the Ar.•itect and 10.2.1.6 Expense of computer-aided design and d 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: 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages. and identify pbases to which particular methods of compensation apply. if necessary.) Four hundred fifty thousand one hundred sixty and 00/100 dollars ($450,160.00) (As defined in Article 12.1 / Attachment A) MA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N -W., WASHLNGTON, DC 20006 Wit RNaNt:• I unlicensed ohotocoavina violates U.S. copyright taws and is subject to legal prosecution. 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 pbases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: $ 63,022.40 $ 94,533.60 $202,572.00 $ 22,508.00 $ 67,52.4.00 fourteen percent (14%) twenty-one percent (21 %) forty-five percent(45aro) five percent ( 5%) fifteen percent ( 15 %) Total Basic Compensation: $450,160.00 one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: Additional services will be agreed upon with a negotiated lump sum fee and schedule prior to commencement of said additional services, or, at the Owner's option, additional services will be provided at an hourly rate (See Hourly Rate Schedule Article 12, attached) if approved by the Owner prior to commencement of additional services; provided, t,o eveY; that there shall be no compensation for any Additional Services or Expenses without the prior written authorization of the Yakima City Manager. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation. including rates andbr 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.) Additional services will be agreed upon with a negotiated lump sum fee and schedule prior to commencement of said additional services, or, at the Owner's option, additional services will be provided at an hourly rate (See Hourly Rate Schedule Article 12, attached) if approved by the Owner prior to commencement of additional services; provided, hoover, that there shall be no compensation for any Additional Services or Expenses without the prior written authorization of the Yakima City Manager. 1f e 3 SERVtcES !OF CONSU TANTO incinding additional structural; mechanical and electrical engineering � �.W.ai FOR ADDITIONAL _, - services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one hundred ten % ( 1.10) tunes the amounts billed to the Architect for such services. (Identify specific types of consultants in Anile 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 ( ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11,5 ADDITIONAL PROVISIONS See Article 12 attached TOL 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twenty-— ( 2,9) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1. 5% per month (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 Arcbi- tect's principal places of business, the location of tbe Project and elsewhere may affect tbe validity of tbis provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) zt I 9 8141-1987 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • ALA. • ©1987 THE AMERICAN LNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHLNGTON, D.C. 20006 WAPNDN i Uniicnnsed ohotoccovin^., violates U.S. cooltright laws and is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of otber services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in Ibis Agreement.) See attached Article 12 This Agreement entered into as of the day and year first written above. OWNER CITY OF YAKIMA, WASHINGTON ARCHITECTURE ASSOCIATES ARCHITECT A.I.A. / P.S. 4. Za.ts 5r,) tt Yuck a,?je,t- (Printed name and title) AIA RON B. CULLEN / PRESIDENT (Printed name and title) Cin CONTRACT NO. 9 3-0312-93-I3a CAUTION: You should sigan original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. MA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH ED:TION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9141-1987 10 CITY OF YAKIMA POLICE. STATION / LEGAL CENTER CITY CONTRACT NO. 93-68 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT A.I.A. DOCUMENT B141 JANUARY 2, 1994 ARTICLE 12 OTHER CONDITIONS OR SERVICES 12.1 See Exhibit A which includes: 12.1.1 Owner Resolution No. 93-130 dated and approved December 14, 1993. 12.1.2 Supplemental Agreement amending Cityof Yakima Contract No. 93-68, dated December 17, 1993, which includes: 12.1.2.1 Contract Amendment proposal letter 12.1.2.2 Design Services Schedule 12.1.2.3 Program and Construction Budget 12.1.2.4 Design and Construction Schedule �-`� `1 12.2 If the Basic Services identified in Exhibit A have not been completed within twenty�we- -fo i4r-6��, 1_4 (20) months of the date of this contract, through no fault of the Architect, extension of the Architect's services beyond that time shall be completed at an hourly rate as negotiated at such time. 12.3 The Owner shall indemnify and hold harmless the Architect from any damages arising from legal action concerning the prior Design / Build process and issues which may be generated thereof as a result of decisions made by the City to pursue other than design/build methods of facilities planning except for damages arising from the Architect's negligent action. 12.5 Add Article 4.12: The Owner shall procure the defined property and secure certification for an environmentally clean site as required by Washington State law. 12.6 Add Article 4.13: The Owner will prepare the site for construction of this new facility. This includes all items such as demolition and removal of existing structures, removal of soil contaminations, etc. The Architect will prepare demolition bid documents if requested to by the Owner as an additional service under the terms of this contract. 12.7 See Exhibit B: Hourly Rates Schedule. 12.8 See Exhibit C: Additional Services. 12.9 Revise Article 2.6.19 as follows: Delete the work "arbitration and insert "legal action" in the last sentence. 12.10 Consultants: Architect: Law & Justice Facilities Specialist: Structural Engineering: Mechanical Engineering: Electrical Engineering: Landscape Architect: Civil Engineer: Soils Engineer: Architecture • Associates • A.I.A. / P.S. John Graham Associates / DLR Group John Graham Associates / DLR Group John Graham Associates / DLR Group John Graham Associates / DLR Group. Lisa Holsher Huibregtse Louman Associates, Inc. P.S. Chen-Northem, Inc. ARTICLE 12 Page 2 12.11 Site Representation During Construction, Basic Services During the twelve month construction period, the Architect's construction observation specialist will visit the site and attend the scheduled project meetings on an average frequency of once every one and one half (1-1/2) weeks. 12 month construction term x 4 weeks = 32 site visits included in Basic Services 1-1/2 week frequency The contractor, not the Architect, will be responsible for preparing the minutes of the on- site meetings. The Architect's engineering consultants will visit the site only as needed as scheduled by the Architect. 12.12 Owner or Contractor Value Engineering Changes, Change Orders See Exhibit C, Additional Services, Article 18 12.13 Owner's Representative The Owner will designate their official project manager who will oversee the Architect's schedule and work. The Owner's project manager will be the single point of responsibility for all correspondence and directives between the Owner and the Architect. 12.14 Limitation of the A/E Reimbursable Expense Budget The Architect's lump sum reimbursable expense budget does not include the following: D. Plotting and printing of as -built documents. E. Any reimbursable expenses connected with additional services. 12.15 Insurance Coverage Limits for this contract will be $1,000,000 for errors and omissions and $1,000,000 for liability, accidents, etc. 12.16 Building Program. Adjustments and Finalization The building program will inevitably be modified in detail or in part as new issues or new understandings occur during the initial design activities. By the mid -point of the Design Development Phase, the program as modified to that point will become the final program and be documented and communicated to the Owner as the final program. Program changes after that point in time will either be mutually acceptable to both the Architect and the Owner as a no -cost change or, be accommodated as a change order or additional services. All such changes must be authorized by the Owner prior to doing the work. 12.17 Compensation Limitation Notwithstanding any other provision in this Agreement, Owner's total obligation to compensate Architect shall not exceed a maximum of $450,160.00 for all fees, tasks, services, time, costs and expenses of any kind or nature whatsoever, unless the Yakima City Council give express prior written authorization to exceed said $450,160.00 limitation. ASSOCIATES l�.I.�. / P.S. 1320 N.16 AVE IC YAKIMA. WA 98902 PH. (509) 248-5020 RON B..CULLEN, A.LA. A. ROBERT WILLIALRS, A.LA. EXHIBIT A City of Yakima Police Station / Legal Center 1 - CONTRACT AMENDMENT December 3, 1993 Mr. Richard Zais, Manager City of Yakima 129 North Second Street Yakima, Washington 98901 RE: Police Station / Legal Center Yakima, Washington The design team of Architecture • Associates • A.I.A. / P.S. with justice design consultant John Graham Associates will amend the current consulting contract to provide for the fast track design of the police station and legal center on the selected Wickstrom/Armory Block. The amendment will simply be the attachment of a standard AIA Contract Form B-141 to the current contract. Services not used under the current contract scope will be voided. This brief contains: Section 2 Design Services Scope Section 3 Building Program and Budget Scope Section 4 Design and Construction Schedule The A/E comprehensive fee scheduled in Section 2 utilizes State of Washington guidelines for building design of this complexity. Our A•A/Graham Team stands ready to expedite the design work and to apply project work that has been accomplished to date to the remaining work. Respe ly submitted, R ' B. Cullen, A.LA. Enclosures RBC/tic 192-10 II EXHIBIT A EXHIBIT A Brief - Cuy of Yakir. 'once Station/Legal Center 2 - DESIGN SERVICES SCHEDULE Scope of Services: • Comprehensive architectural and engineering services, landscape design • Construction Administration • Reimbursable expenses • Building commissioning services, optional • Furniture specifications, bid documents, optional • Specialty subconsultants; geotechnical, property survey, civil engineering* (Note: These subcoasultants are Yakima based firms.) . Basic Services Comprehensive Architectural and $344,000.00 Engineering Services January 1994 thru Fall 1995 Construction Administration, Shop Drawing $60,000.00 Review, Site Observation, Contractor Payment Authorizations - 12 months Subtotal Basic A/E Services $404,000.00 (7.43 % from State of Washington Schedule) Reimbursable Expenses for Basic Services Period Reimbursable costs of printing for client review, bid set printing, travel, telephone, fax, mail, CADD machine expense, photography, etc. Not included in Basic Fee $18,000.00 Subtotal Reimbursable Expenses $18,000.00 Reimbursable Specialty Subconsultants (Expense x 1.1) • - Geotechnical Report and Construction $10,010.00 Observation (Chen Northern) - Property Survey (Huiibregtse Louman) $ 9,900.00 - Civil (Site) Engineering $ 8,250.00 (Huibregtse Louman) Subtotal Reimbursable Consultants $28,160.00 TOTAL $450,160.00 EXHIBIT A Brief - Ciry of Yakima Police Station/LE 3 - PROGRAM AND CONSTRUCTION BUDGET (Note: Proposed site is the `Wickstromu block of 120,000 SF nominal area) Facilities: A 2 -Story Configuration • Police Department • - Prisoner Holding and Courts • Legal Department 36,445 GSF .7,700 GSF 3,252 GSF Total Initial Building Construction • Future building expansion potential noted on site documents • Initial construction surface parking within 300' of lobby • Future parking expansion located on site documents as a future raised parking deck. 47,397 GSF 12,603 GSF 215 Stalls, Surface 106 Stalls, Structured EXHIBIT A Brief - City ti Yi vliee#S rill ega= mer 4 - DESIGN AND CONSTRUCTION SCHEDULE (Note: This "best case' expedited schedule features owner review periods of one week duration and estimates an ambitious 8 week permit review period) Design • Contract Authorization received (Approximately Beginning January 1994) • Authorize site surveys; geotech. land survey and environmental • Schematic Design - 5 weeks Owner Schematic Review - 1 week • Design Development - 5 weeks Owner D.D. Review - 1 week • Construction Documents - 16 weeks Owner C.D. Review and A/E checking - 2 weeks • NOTE: The total of design and design review activities; schematic, D.D., and C.D.s are scheduled in a contiguous period of 28 weeks. This design schedule is achievable if no delays in owner review or owner programmatic direction are encountered. • Construction • Building Permit and Labor and Industries Review* (*Estimated 8 weeks min.) • Advertize for Bid - 3 weeks • Review bids - 1 week • Award Construction Contract • Construction - 12 months • Facility Commissioning/Move-in - 1 month • Occupancy (Approximately October - November 1995) W14/wfblYAK2PROP.WFB EXHIBIT A SUPPLEMENTAL AGREEMENT AMENDING CITY CONTRACT NO. 93-68 This Supplemental Agreement is made and entered into this 11 day of December, 1993, by and between Architecture Associates A.I.A./P.S. (hereinafter referred to as "Architect") and the City of Yakima, Washington, a municipal corporation of the State of Washington (hereinafter referred to as "City"). WHEREAS, pursuant to Yakima City Council Resolution No. R-93-82 adopted on July 27, 1993, the parties hereto executed a Standard Form of Agreement Between Owner and Architect, Form B727 (City Contract No. 93-68); and WHEREAS, Section 6.4 of said City Contract No. 93-68 provides that said contract may be amended by written instrument signed by both parties; and WHEREAS, pursuant to City Council direction, the City needs to amend the contract for architecture services to obtain comprehensive architectural and engineering services, landscape design, and construction administration for the Yakima Police Station/Legal Center Project to be located on the Wikstrom block, now, therefore, in consideration of the mutual covenants contained herein, it is mutually agreed by and between the parties hereto as follows: 1. Yakima City Contract No. 93-68 executed by the parties hereto on July 27, 1993 shall be amended in its entirety to provide for a revised design services scope, building program and budget scope, and design and construction schedule, all in accordance with the December 3, 1993 Letter Agreement attached hereto as Exhibit A and incorporated by reference herein. 2. The detailed terms, conditions, and requirements of this Contract Amendment shall be set forth in a separate Standard Form of Agreement Between Owner and Architect (Form B141) to be executed by the parties hereto, subject to approval as to form by the Yakima City Attorney; provided, however, that said Standard Form of Agreement Between Owner and Architect shall incorporate and shall not deviate from the attached Exhibit A Letter Agreement dated December 3, 1993 which shall be controlling upon the parties hereto. 3. Notwithstanding any other provision contained in this Supplemental Agreement or in any other document, the City's entire obligation to compensate Architect for all work, services, costs, and expenses contemplated hereunder shall not exceed the combined total of Four Hundred and Fifty Thousand, One Hundred and Sixty Dollars ($450,160.00). 4. This Supplemental Agreement shall supersede, supplant, and replace in its entirety all of the terms and conditions previously agreed to in City Contract No. 93-68 dated July 27, 1993. Page l of 2 • flalapr/PD/7waa1/arcXitactura assx.rp EXHIBIT A IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the date first herein written. CITY OF YAKIMA ARCHITECTURE ASSOCIATES A.I.A./P.S. By: Dick Zais, City anagen ATTEST: Kms..' i2 City Clerk .1TY t=.;hrx cT No. (03 f -Z-6-13-/30 Page 2 of 2 (1alagr/PD/L.7a1/ardlit.ctur. aa.oc.rp CITY OF YAKIMA POLICE STATION -/ LEGAL --CENTER. CITY CONTRACT NO. 93-68 EXHIBIT B HOURLY RATES SCHEDULE Principal / Department Head $98.00 per hour Senior Arcitect / Engineer $80.00 Professional Architect / Engineer $70.00 Technical Drafters $55.00 Clerical / Typist $35.00 CADD $25.00 Personal Computer $10.00 Reimbursables 1.1 times actual expense Consultants 1.1 times consultant billing CITY OF YAKIMA POLICE STATION / LEGAL CENTER CITY CONTRACT NO. 93-68 EXHIBIT C ADDITIONAL SERVICES The following optional services are available underterms of this contract: 1. - Space Planning for Furnishings / Equipment (including inventory of existing furnishings / equipment): 50,000 S.F. @ .25 = $12,500.00 2. Selection, Coordination and Procurement of Workstations (Bid Packages): 50,000 S.F. @ .10 = $5,000.00 3. Selection, Coordination and Procurement of Non -Workstation Furnishings / Equipment: 50,000 S.F. @ .10 = $5,000.00 4. Color Coordination of Interior Finishes: 50,000 S.F. @ .20 = $10,000.00 5. Coordination of More -in: 80 hours + Expenses = $7,300.00 Allowance 6. User Orientation to Facility Systems: 80 hours + Expenses = $7,300.00 Allowance 7. Public Presentations Over and Above Owner Council Presentations Hourly Compensation 8. Staff Presentation Hourly Compensation 9. Cost Estimating for Owner Initiated Changes Hourly Compensation 10. Provision of documents for site demolition of existing structures, selection of contractor and site observations: To be negotiated prior to start of work 11. Renderings, models: To be negotiated prior to start of work 12. Master Planning of street use right-of-way adjacent lots for parking, etc., is part of the Schematic Design Phase. Further design and construction documentation of off-site work will be an additional service option. To be negotiated prior to start of work 13. As -Built documents can be included as an additional service option if authorized in writing by the Owner. To be negotiated prior to start of work 14. Reproducible mylar for the Owner's use is an additional service option which can be provided upon request. To be negotiated prior to start of work 15. Contractor's work printing other than bidcing documents will be a cost to the contractor. 16. Environmental reports of the site and existing structures can be provided as an additional service option upon written authorization by the Owner. To be negotiated prior to start of work. 17. Additional Site Observation Services of the Architect/Engineer beyond the basic 32 Construction Phase visits can be provided as an additional service option under the terms of this contract if authorized in writing by the Owner in advance of doing the work. EXHIBIT C . Page 2 18. Owner or Contractor Value Engineering Changes and Change Orders The Architect will incorporate all viable Value Engineering changes, program revisions, material and system substitutions, plan and other configurational changes through the Schematic Design Phase and one half of the Design Development Phase at no cost to the Owner. Changes thereafter will either be at the Owner's expense or contractors expense by virtue of paying the Architect to effect these changes. Payment will be negotiated prior to starting the work. This additional service clause also apples to the Bid and Construction Phases. Compensation for these additional services has been calculated based on full build -out (Base bid plus all additive alternates). Exact compensation would be negotiated when the exact scope of the project and the required services are known. CITY OF YAKIMA CITY CLERK'S OFFICE DATE: May 3, 1994 TO: Pleas Green, Police Chief FRONt Melynn Skovald, Deputy City Clerk RE: Notification of Yakima City Council Action Taken on a resolution authorizing the execution of a Supplemental Agreement Amending City Contract No. 93-103 with Architecture Associates. The Yakima City Council, at its April 19, 1994 meeting has considered the above mentioned topic of which the following is provided: [t.] Two original copies of the document (City Contract No. 94-25) are enclosed. After Architecture Associates signs and dates them and keeps one original for their records, make any copies needed for your office and forward the other fully executed original to : Deputy City Clerk City of Yakima 129 North 2nd Street Yakima, WA 98901 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting of 4-19-94 ITEM TITLE: Consideration of Legislation Appropriating Additional Funds and Authorizing the Execution of a Contract Amendment for the Police Station/Legal Center Project SUBMITTED BY: Chief Pleas J. Green CONTACT PERSON/TELEPHONE: Pleas Green, 575-6061 SUMMARY EXPLANATION: Following an informal meeting and design briefing with the City's architects on the Police Station/Legal Center project in late February, Council approved the overall conceptual design and instructed the architects to proceed with the final design. In view of dramatically escalating incarceration costs (currently estimated to well exceed $1 million dollars in 1994) for housing City misdemeanant offenders, the architects were also requested to provide a design alternative and cost estimate to allow for potentially increasing the holding capacity to (80) and expanding the ability to hold prisoners from (72) hours to (30) days. Continued Resolution X Ordinance X Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. Read Ordinance only at 4-19-94 Council Meeting; pass Ordinance after second reading at 4-26-94 meeting. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-94-47 First Reading: 4/19/94 City Council Member, April 14, 1994 Page 2 The current estimated construction costs for the project's base bid, including the original (72) hour facility and a structural shell for a future holding facility, is $5,996,591 and is within the $6 million dollar construction budget set by the Council. The expanded holding facility alternative has projected construction costs of $703,409. Additional financial resources would need to be identified for funding of this alternative. It is critical this alternative be developed concurrently with the overall holding facility design, not only to allow for future expansion, but to greatly minimize future construction costs. This option provides flexibility for the Council to expand the facility at a future date if funding sources are not identified to include this alternate at the time of the preliminary bid award. We are requesting formal Council approval for an appropriation of $55,675 from the Fund Balance of the Law & Justice Capital Fund for additional architect/engineering costs associated with the add alternate. This design modification was not included in the original architectural contract. Based on recent conversations with local contractors, we are very hopeful for a competitive construction environment. We are currently planning to be out to bid by mid- September 1994, award the construction contract by October 31, 1994 and occupy the new facility by November 1995. We hope to complete all property acquisitions associated with this project in the next (45) days and begin demolition and site preparation by July 1994.