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HomeMy WebLinkAboutR-1995-069 Davis, Opfer, Raab Architecture• • • RESOLUTION NO. R-95- 6 9 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement for architectural services with Davis, Opfer, Raab Architecture. , WHEREAS, on November 8, 1994, the citizens of the City of Yakima passed a bond measure to fund certain capital improvements for the Fire Department; and WHEREAS, the City needs—to obtain professional architectural services to design the capital facilities approved by the voters, and WHEREAS, an extensive competitive process for review and evaluation of architectural firms was conducted by the Fire Department to obtain the best architectural firm to perform the work needed by the City of Yakima, and WHEREAS, the City Council of the City of Yakima deems the execution of this agreement to be in the best interest of the citizens of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Standard Form of Agreement Between Owner and Architect (B141-1987) with David, Opfer, Raab Architecture. ADOPTED BY THE CITY COUNCIL this ' day of \MDN , 1995 G)d.i✓ ATT TEST p etit City Clerk Mayor T H F • • • A M ERIC AN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Be ht 2 een 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 Eighth Nineteen Hundred and Ninety Five day of April in the year of BETWEEN the Owner (Name and address) Yakima Fire Department 401 North Front Street Yakima, Washington 98901 and the Architect (Name and address) Davis Opfer Raab Architecture P 0 Box 8291 Yakima, Washington 98908 For the following Project (Include detailed description of Project, location, address and scope.) Architectural and engineering design services for the following projects New Fire Station #3, 40th Avenue and Englewood Fire Training Facility, Station #5 New Maintenance/Electronics Shop, Station #2 The Owner and Architect agree as set forth below 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. 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 1 EDITOR'S NOTE From time to time, the AIA makes minor corrections 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 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 construe 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 • A1Al' • ©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 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 Pa\ 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 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 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. 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. matters, including those in question between the Owner and vidcd 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. F" --z? 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide father protec lion 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 Pr viding analysca of thc Owner's nccd3 and program ming the requirements of thc 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 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 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 3.4.9 Providing services in connection with the work of a con struction manager or separate consultants retained by the Owner 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 41 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 the Architect in order to avoid unreasonable delav 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 by 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 fumish 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 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. 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 comph 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 liinit 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 deerned 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 71 Claim parties to this ment or breach tration in ac tion Rules of effect unless disputes or other matters i .reement arising out of reof shall be subject Gordan n question tween the or relatit to this Agree to a decided by arbi- c n Industry Arbitra- sociation currently in otherwise. with the Constru the Ame ' an Arbitration the parties tually a 7.2 Demand for arbitration s other party to this Agreem tion Association A dem • i a reasonable time aft question has arisen be made after proceedings question 7.3 s • k. 41 e • be filed in writing with the with the American Arbitra- ion shall be made within dis. to or other matter in the d • and for arbitration institution of :al or equitable dispute or • er matter in applicable statutes o 'rations. for arbit the claim, n no event shall e date when inti ased on such claim, uld be barred by the app arbitration arising out of or -relating to this Agr include, by consolidation, joinder or in any other m 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 cept by written consent containing a specific reference to this - : eement signed by the Owner, Architect, and . • er person or - • ity sought to be joined. Consent : arbitration involving an a..' '.nal person or entit • .1 not constitute consent to arbitration • y claim •' mute or other matter in question not described in the •. ten consent or with a person or entity not named or • - cribed t - -'n. The foregoing agree ment to arbitrat- .i d other agreements . bitrate with an additional . - on or entity duly consented to b e parties to this eement shall be specifically enforceable in acc. • . ce 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 temiination. 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 Ba3ic and Additional Services, and include expenses which are be computed as a percentage of the total compensation for _ . he time of ter occurs before or during the prcdesign, site analysis, or Schematic Design Phases; or Additional Services earned to date if termination occurs during the Design Development Phase; or 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 MA 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 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • 01987 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. • • 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 10.1.1 Direct Personnel Expense is defined as the direct -and-benefits, 40 .n REIMDURSADL E EXPENGES ti 11 incu suit ing Claus for Basic and Additional Services and include expe ed by the Architect and Architect s employees an ant the interest of the Project, as identified in th 10.2.1 1 Exp se of transportation in Project, expense in connection with au travel, long-distanc communications, an ing approval of autho ' 'es having juris 'c 10.2.1.2 Expense of repr Drawings, Specifications an ductio . •r•' 1 • :-s con- ollow conn tion with the th ized out-of-town fees paid for secur tion over the Project. • • postage and handling of r documents 10.2.1.3 If authorized in a by the Owner, expense of overtime work requirin: igher th regular rates. 10.2.1.4 Expense of -nderings, models d mock-ups requested by the Owner c an 10.2.1.5 Ex., se of additional insurance cov including • ofessional liability insurance, requ Owner ' • excess of that normally carried by the Ar Archi ct s consultants age or limits, ed by the itect and 1 .2.1.6 Expense of computer aided design and dra g equipment time when uced in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES '10:3A 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 None Dollars (f '0' shall be made upon execution of this Agreement and credited to the Owner s account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2 and any other services included in Article 12 as part of Basic Services Basic Compensation shall be computed as follows (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply if necessary Compensation shall be a stipulated sum of Two Hundred Sixty Four Thousand Eight Hundred Twenty Seven Dollars ($264,827) See Exhibit "A" 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 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.) Project Closeout Schematic Design Phase: Design Development Phase: Construction Documents Phase - Bidding or Negotiation Phase: Construction Phase. Two Fourteen Twenty Forty Four Five Fifteen percentt 2%) percent (14 %) percent (20 %) percent (4 4 %) percent ( 5 %) percent (15 %) 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 com- puted as follows. See Exhibit "8" 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT as described in Articles 3 and 12 other than (I) 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 III (Insert basis of compensation. including rates and/or multiples of Direct Personnel Expense for Principals and employees. and identify Principals and classify employees. rJ required identify specific services to ubicb particular methods of compensation apply if necessary) See Exhibit "B" 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 - one and one/tenth ( 1 1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Twenty Four ( 24 ) 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 ( ) 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 0% 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 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 WARNING: Unlicensed photocopying violates U.S. copyright 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 witbin Basic Compensation and modifications to the payment and compensation terns included in ibis Agreement.) See Exhibit "A" and Exhibit "B" This Agreement entered into as of the day and year first written above. OWNER (Signature) Dick Zais, City Manager Attes : a - ,4 (Printed name and title) Karen Roberts, City Clerk CITY CONTRACT NO. 63-5--6-61 te-95 .Pq ARCH (Signature, Allen G. Opfer, Principal (Printed name and title) CAUTION. You should sign an 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. 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. 8141-1987 10 4n� c-... At. kap, Wx v» y • "'Construction Administration Fees. EXHIBIT "A" DAVIS • OPFER • RAAB ARCHITECTURE April 20, 1995 Basic Services Fee Summary Design Fees. New Fire Station #3 Fire Training Facility Maintenance/Electronics Shop Subtotal $69,374 $101,282 $30,930 $201,586 New Fire Station #3 $14,207 Fire Training Facility $20,782 Maintenance/Electronics Shop $6,334 Subtotal $41,323 TOTAL BASIC SERVICES FEE $242,909 Reimbursable Expenses. Reproduction, Postage and Handling $17,364 Fire Consultant Travel Expenses $4,290 Out -of -Town Travel $264 Subtotal $21,918 TOTAL FEE $264,827 • 3800 SuMMrrvIEw AVENUE (98902),P0 Box 8291 (98908) YAKIMA, WASHINGTON (509) 966-9377 FAX (509) 966-0398 April 20, 1995 •New Fire Station #3 (Estimated Construction Cost $835,524) Design Fee Schematic Design 14% 128 Hours Design Development 20% 182 Hours Construction Documents 44% 401 Hours Bidding 5% 46 Hours Total 757 Hours EXHIBIT "A" Dais • Opfer • Raab • Architecture (757 Hours x $55.00/Hour average) $41,635 Structural, Mechanical and Electrical Engineers $27,739 Total Design Fee $69,374 Construction Administration Fee Construction Admin. 15% 137 Hours Project Close Out 2% 18 Hours Total 155 Hours avis • Opfer • Raab • Architecture (155 Hours x $55 00/Hour average) $8,525 Structural, Mechanical and Electrical Engineers $5,682 Total Construction Administration Fee $14,207 The above fees do not include Additional Services or Reimbursables. • April 20, 1995 ire Training Facility (Estimated Construction Cost $1,220,103) Design Fee Schematic Design 14% 186 Hours Design Development 20% 266 Hours Construction Documents 44% 586 Hours Bidding 5% 67 Hours Total 1105 Hours EXHIBIT "A" Davis • Opfer • Raab • Architecture (1105 Hours x $55 00/Hour average) $60,775 Structural, Mechanical and Electrical Engineers $40,507 Total Design Fee $101,2 8 2 Construction Administration Fee Construction Admin. 15% 200 Hours Project Close Out 2% 27 Hours �otal 227 Hours Davis • Opfer • Raab • Architecture (227 Hours x $55.00/Hour average) Structural, Mechanical and Electrical Engineers Total Construction Administration Fee The above fees do not include Additional Services or Reimbursables. 1 $12,485 $8,297 $20,782 April 20, 1995 SMaintenance/Electronjcs Shop (Estimated Construction Cost $373,350) Design Fee Schematic Design 14% 57 Hours Design Development 20% 81 Hours Construction Documents 44% 179 Hours Bidding 5% 20 Hours Total 337 Hours Davis • Opfer • Raab • Architecture (337 Hours x $55 00/Hour average) Structural, Mechanical and Electrical Engineers Total Design Fee Construction Administration Fee Construction Admin. 15% 61 Hours Project Close Out 2% 8 Hours "'Total 69 Hours EXHIBIT "A" $18,535 $12,395 $30,930 Davis • Opfer • Raab • Architecture (69 Hours x $55.00/Hour average) $3,795 Structural, Mechanical and Electrical Engineers $2 539 Total Construction Administration Fee $6,334 The above fees do not include Additional Services or Reimbursables. • April 20, 1995 0 Yakima Fire Department Reimbusable Expenses EXHIBIT "A" Expenses not included in the Basic Services that would require additional compensation to the Architect. Billed at 1 1 times the actual invoice. Reproduction, Postage and Handling of Construction Documents. Station #3 Reproduction of Construction Drawings 35 sheets (24"x36") x $1 50/sheet x 50 sets = $2,625 Reproduction of Construction Specifications 300 sheets (8-1/2"x11") x $0 14/sheet x 50 sets = $2,100 Reproduction of Addenda 30 sheets (8-1/2"x11") x x $0 14/sheet x 50 sets = $210 Postage $5 00/package x 50 sets = $250 Subtotal = $5,185 Training Facility Reproduction of Construction Drawings 50 sheets (24"x36") x $1 50/sheet x 50 sets = $3,750 Reproduction of Construction Specifications 300 sheets (8-1/2"x11") x $0 14/sheet x 50 sets = $2,100 Reproduction of Addenda 0 30 sheets (8-1/2"x11") x x $0.14/sheet x 50 sets = $210 Postage $6.00/package x 50 sets = $300 Subtotal = $6,360 Maintenance/Electronics Shop Reproduction of Construction Drawings 35 sheets (24"x36") x $1 50/sheet x 40 sets = $2,100 Reproduction of Construction Specifications 300 sheets (8-1/2"x11") x $0 14/sheet x 40 sets = $1,680 Reproduction of Addenda 30 sheets (8-1/2"x11") x x $0.14/sheet x 50 sets = $210 Postage $5 00/package x 50 sets = $250 Subtotal = $4,240 Total = $15,785 x 1 1 = $17,364 Fire Consultant Travel Expenses 12 trips x $325/trip = $3,900 x 1 1 = $4,290 Out -of -Town Travel 2 trips x 400 miles x $0 30/mile = $240 x 1 1 = $264 • April 20, 1995 Yakima Fire Department Scope of Basic Services. EXHIBIT "A" Schematic Design Establish the general scope, conceptual design and relationship of project spaces. Documentation at the conclusion of this phase includes: • Establish program data with Owner • Conceptual Site and Floor Plans • Preliminary Sections and Elevations • Preliminary Selection of Building Systems and Materials • Preliminary Cost Estimate • Review of applicable codes • Agency reviews and approvals • Owner provided site and soils surveys • Approval to proceed with Design Development phase Design Development Further refine and develop to establish the final scope, relationships, form, size and appearance of the design Documentation at the conclusion of this phase includes: • Refined Site and Floor Plans • Refined Building Sections, Elevations and Interior Elevations 4). Typical Wall Section and Key Details • Outline Specification • Updated Cost Estimate • Diagrammatic Structural, Mechanical and Electrical Systems Construction Documents Prepare detailed documents that provide the requirements for bidding the construction project. Documentation at the end of this phase includes: • Construction Drawings and Specifications • Bidding Documents • Cost Estimate Bidding Administer distribution of Contract Documents and provide technical support to bidders. Activities during this phase include • Issue plans and specifications • Provide contractor clarifications • Conduct pre-bid walk-thru • Review substitution requests • Issue addenda • Attend bid opening and issue recommendations • April 20, 1995 40 Yakima Fire Department Scope of Basic Services Page 2 Construction Administration Oversee the construction process. Activities during this phase include: • Observe construction work for conformance with Construction Documents • Conduct weekly Construction Meetings • Provide Job Observation/Construction Meeting reports • Review the results of construction tests/inspections • Review shop drawings, product data and samples • Coordinate color selections • Handle requests for change during construction • Review applications for payment • Prepare and issue punch list Project Close Out - Verifying that the project is completed. Activities during this phase include• • Review punch list items for completion �• Ensure warranties have been executed • Review final pay application. EXHIBIT "A" Additional Services Items not included in the Basic Services that would require additional compensation to the Architect or need to be provided by the Owner • Site Surveys • Geotechnical Reports • Landscaping Design • Civil Engineering Reimbursables Expenses not included in the Basic Services that would require additional compensation to the Architect. Billed at 1 1 times the actual invoice. • Reproduction, postage and handling of Construction Documents • Fire Consultant travel expenses • Out-of-town travel authorized by the Owner • Presentation renderings and models • • EXHIBIT "B" DAVIS • OPFER • RAAB ARCHITECTURE HOURLY RATES SCHEDULE Principal $65 00 Principals Sherlyn M Davis Allen G Opfer Richard A. Raab Project Architect $55 00 Personnel assigned to project supervision / Project Managers. Architect I / Specialties Technician $50 00 Personnel assigned to project with five years plus experience or assigned to a project with specific specialties in services to be rendered (licensed or unlicensed) Architect II / Technician I $45 00 Personnel assigned to a project with two to five years experience, drafters (licensed or unlicensed) Architect III / Technician II $40 00 Personnel assigned to a project with two or less years experience. Graduate from an accredited University or drafter in training to become an architect (unlicensed) Technician III $35 00 Intern assigned to a project. Still in School / part time employee / apprentice in training (unlicensed) Technician IV / Clerical Expert Witness Testimony $25 00 $250 00 Services of consultants at a multiple of one and one tenth (1 10) times the amounts billed to the Architect for such services. Reimbursable Expenses at a multiple of one and one tenth (1 10) times the actual amount expended. 3800 SuMMrTvIEw AvENuE (98902), PO Box 8291 (98908) YAKIMA, WASHINGTON (509) 966-9377 FAX (509) 966-0398 T H E AMERICAN INSTITUTE ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twenty-second day of December in the year of Nineteen Hundred and Ninety Five BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: (Name and address) Yakima Fire Department 401 North Front Street Yakima, WA 98901 Sevigny Construction Inc. P.O. Box 129 Buena, WA 98921 Maintenance/Electronics Shop Davis, Opfer, Raab Architecture 811 Slmmitview Ave., Suite 2 Yakima, WA 98902 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 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 A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH 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. A101-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9 ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner (Insert the date of commencement, If it differs from the date of this Agreement or, if applicable. state that the date will be fixed in a notice to proceed.) December 22,. 1995 Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar clays after the date of commencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) May 30, 1996 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prortsions. if any for liquidated damages relating to failure to complete 00 time ) Liquidated damages to ccxrmence May 31, 1996 at $400.00/day. See Section 00800 regarding liquidated damages for not achieving final completion. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five hundred seventy two thousand seven hundred and no/100 Dollars ($ 572, 700.00 ), subject to additions and deductions as provided in the Con- tractLSocuments. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner (State the numbers or other identification of accepted alternates. If decisions on other alternates are to he made by the Owner subsequent to the execution of this Agreement. attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate No. 1: Hydraulic Lift Alternate No. 2: Relights 4.3 Unit prices, if any, are as follows: None AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH 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. A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the Last day of the month, or as follows. Submit monthly Applications for Payment to the Architect at least five working days before the end of each month for payment of work completed during the month. 5.3 Provided an Application for Payment is received by the Architect not later than the twenty-third day of a month, the Owner shall make payment to the Contractor not later than the last business day of the follow ng month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than vEntyfive days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount -of each progress payment shall be computed as follows. 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included as provided in Subparagraph 7 3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order, 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and retainage . 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9 5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5 6 shall be further modified under the following circumstances. 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( g 5 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and project close-out 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9 10 3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (1f it is intended. prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted :n Subpara- graphs 5.6. / and 5. 6.2 above, and this s not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH 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. A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect, such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any ) 12% per annum (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 Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications. and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions. For the purposes of this agreement the terms "Project Manual" and "Construction Specifications" are one and the same. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAC • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.\V., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated October, 1995 , and are as follows: Document See Exhibit "A" Title Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9 1 3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages See Exhibit "A" AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH 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. A101-1987 6 9.1.5 The Drawings are as follows, and are dated October 2, 1995 unless a different date is shown below (Either list the Draterngs here or refer 10 an exhibit attached to this Agreement.) Number Title Date See Exhibit "B" Index of Drawings October ' 2, 1995 9.1.6 The addenda, if an are as follows Number Date Pages 1 October 27, 1995 8 2 November 3, 1995 24 Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9 AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH 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. A101-1987 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Supplementary Conditions, Section 00800 is amended as follows: 4.4.4 Amend to add: "upon expiration of such time" 4.5.1 Amend to read: "4.5.1 Amend the third line to read: "or the breach thereof, may upon agreement by Owner and Contractor be settled by arbitration in accor-"" 7.3.6 Delete: "costs for the purpose of' 9.3.1 Following Section 01027, Add: "of the project manual" 10.1.6 Delete the last sentence. 12.2.2.1 Replace: "terminated" in the last sentence with "completion" This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner OWNER (Signature) CATsi r4 (Printed name and title) AIA P4 e^' e e.(- / of 7 �f . (Printed name and title) °, 'CAUTION: You should sign an 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. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH 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. A101-1987 8 MAINTENANCE / ELECTRONICS SHOP CITY OF YAKIMA YAKIMA, WASHINGTON SECTION Exhibit "A" INDEX PAGE 1 DESCRIPTION PAGES PART 1 BIDDING REQUIREMENTS 00030 Invitation for Bids 2 00100 Instructions to Bidders 6 00105 Special Conditions 14 00200 Non -Conclusion Declaration 1 00300 Bid Form 2 PART 2 CONTRACT REQUIREMENTS 00400 Project Documents and Forms 8 Agreement Form 1 General Conditions of the Contract for Construction 24 00800 Supplementary Conditions 16 Prevailing Wage Rates 1 Washington State Prevailing Wage Rates 11 (Yakima County, Effective 08-31-95) PART 3 TECHNICAL SPECIFICATIONS DIVISION 1 • GENERAL REQUIREMENTS 01010 Summary of Work 3 01027 Applications for Payment 3 01030 Alternates 2 01035 Modification Procedures 4 Design Clarification/Variation Request (DCVR) 1 01040 Coordination 7 01045 Cutting and Patching 3 01050 Field Engineering 2 01080 Applicable Codes 1 01090 Definitions and Standards 3 01200 Project Meetings 3 01300 Submittals 7 Submittal Log 1 01400 Quality Control Services 3 01500 Temporary Facilities 6 Project Sign Drawing 1 MAINTENANCE / ELECTRONICS SHOP CITY OF YAKIMA YAKIMA, WASHINGTON SECTION INDEX PAGE 2 DESCRIPTION PAGES DIVISION 1 • GENERAL REQUIREMENTS (Continued) 01600 Products and Substitutions 7 Substitution Request Form 1 01700 Project Closeout 9 01740 Warranties and Bonds 2 DIVISION 2 • SITE WORK 02005 Public Right -Of -Way 1 Drywell Manhole Detail 1 OiliWater Septarator Detail 1 Infiltration System Detail 1 Private Construction of Public Works Improvements 11 Pavement Patching Detail 1 Private Construction of Public Sewer Mains 6 Manhole Detail (P1) 1 Manhole Detail (PIA) 1 Safety Step Detail (P-13938) 1 Manhole Adjustment (P3) 1 Typical Trench Section (P4) 1 Water/Sewer Separation (P7) 1 02110 Site Clearing 2 02200 Earthwork 8 02511 Asphalt Concrete Paving 02520 Portland Cement Concrete Paving 02700 02730 02831 02900 Storm Drainage Piped Utilities Chain Link Fences and Gates Landscape Work DIVISION 3 • CONCRETE 4 5 2 2 5 5 03310 Concrete Work 13 DIVISION 4 • MASONRY 04200 Unit Masonry 9 DIVISION 5 • METALS 05500 Metal Fabrications 9 9507 MAINTENANCE / ELECTRONICS SHOP CITY OF YAKIMA YAKIMA, WASHINGTON SECTION INDEX PAGE 3 DESCRIPTION PAGES DIVISION 6 • WOOD & PLASTICS 06100 Rough Carpentry 6 06185 Structural Glued Laminated Units 3 06195 Prefabricated Wood Joists 2 06402 Interior Architectural Woodwork 5 DIVISION 7 • THERMAL & MOISTURE PROTECTION 07160 Bituminous Dampproofing 2 07175 Water Repellents 3 07200 Insulation 4 07410 Preformed Fascia and Siding 4 07600 Flashing and Sheet Metal 3 07720 Roof Accessories 3 07900 Joint Sealers 5 08110 08331 08520 08710 DIVISION 8 • DOORS & WINDOWS Steel Doors and Frames Overhead Doors Aluminum Windows Door Hardware 4 4 3 6 Door Schedule 1 08800 Glass and Glazing 6 09250 09511 09660 09900 DIVISION 9 • FINISHES Gypsum Wallboard Acoustical Panel Ceilings Resilient Flooring Painting 6 3 4 9 Room Finish Schedule 1 DIVISION 10 • SPECIALTIES 10100 Visual Display Boards 2 10155 Toilet Screen 3 10425 Signs 4 10800 Toilet Accessories 2 MAINTENANCE / ELECTRONICS SHOP CITY OF YAKIMA YAKIMA, WASHINGTON SECTION INDEX PAGE 4 DESCRIPTION PAGES DIVISION 11 • EQUIPMENT 11485 Miscellaneous Building Equipment DIVISION 12 • FURNISHINGS 2 12500 Window Treatments 3 DIVISION 13 No work this project DIVISION 14 • CONVEYING SYSTEMS 14440 Hydraulic Lifts 5 DIVISION 15 • MECHANICAL 15050 Basic Mechanical Materials and Methods 15100 Valves 15145 15250 15410 15430 15440 15460 15481 15488 15530 15575 15610 15620 15670 15853 15891 15932 15990 Hangers and Supports Mechanical insulation Plumbing Plumbing Specialties Plumbing Fixtures Water Heaters Compressed Air Systems Natural Gas Piping Systems Refrigerant Piping Breechings, Chimneys, and Stacks Furnaces Fuel Fired Heaters Condensing Units Power Ventilators Metal Ductwork Air Inlets and Outlets Testing, Adjusting and Balancing 6 4 3 8 9 9 8 3 2 3 6 1 4 3 3 5 5 2 2 MAINTENANCE / ELECTRONICS SHOP CITY OF YAKIMA YAKIMA, WASHINGTON SECTION INDEX PAGE 5 DESCRIPTION PAGES 16000 16100 16200 16300 DIVISION 16 • ELECTRICAL General Provisions Basic Materials and Methods Electrical Service System Distribution 5 9 1 3 16400 Lighting Systems 3 16500 Fire Alarm System 5 Pane!board Schedule 4 END OF INDEX Exhibit "B" GENERAL G001 COVER SHEET CIVIL C001 SITE GRADING PLAN UTILITIES PLAN C002 SITE SURVEY ARCHITECTURAL A001 SITE DEMOLITION PLAN SITE PLAN A002 SITE DETAILS A101 FLOOR PLAN, UPPER LEVEL FLOOR PLAN AND WALL TYPES A102 ROOF PLAN AND DETAILS A103 HOIST PLAN AND DETAILS A201 EXTERIOR ELEVATIONS BUILDING SECTIONS A301 INTERIOR ELEVATIONS A302 INTERIOR ELEVATIONS DOOR & WINDOW TYPES DOOR & WINDOW DETAILS A401 REFLECTED CEILING PLANS DETAILS A501 WALL SECTIONS A502 ANTENNA PLATFORM & DETAILS STRUCTURAL S001 GENERAL NOTES TYPICAL DETAILS 5101 FOUNDATION PLAN UPPER LEVEL FRAMING PLAN ROOF FRAMING PLAN WALL ELEVATIONS & DETAILS S201 SECTIONS & DETAILS MECHANICAL Mi00 SCHEDULES, LEGEND & DETAILS 11101 PLUMBING - FLOOR PLAN & MEZZANINE FLOOR PLAN PLUMBING DETAILS M102 HVAC - FLOOR PLAN & MEZZANINE FLOOR PLAN HVAC DETAILS M103 SCHEDULES, LEGEND & DETAILS ELECTRICAL E101 SITE PLAN & ONE LINE DIAGRAM E201 LIGHTING PLANS E202 POWER PLANS E203 SIGNAL PIANS INDEX 0i= 17RA'INGS IrIR� a- v CITY OF YAKIMA FIRE DEPARTMENT YAKIMA, WASHINGTON MAINTENANCE / ELECTRONICS SHOP FILE NO. INDEX DESIGNED BY A60 DRAWN BY DGP CHECKED BY A6O DATE 10/02/415 REVISED SCALE SHEET NO. Exhibit '5' vamp IDAVIS • OPFER • RAAB 1 410 ARCHITECTURE April 23, 1996 K. Alan Chronister, Fire Chief Yakima Fire Department 401 North Front Street Yakima, Washington 98901 RE Fire Station 3 Yakima Fire Department One signed copy of the Standard Form of Agreement Between Owner and Contractor, AIA Document A 101, is enclosed for your records Please call if you have any questions. Sincerely, Davis • Opfer• Raab• Architecture Allen G Opfe 811 SummrrvIEw AVENUE, SUITE 2(98902),P.O.Box 8291 (98908) YAKIMA,WASHINGTON (509)454-3299 FAx(509)454-3254 T H E AMERICAN INSTITUTE O F ARCHITECTS Asoe AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION The 198' Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference Do not use with other general conditions unless this document is modified This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Seventeenth day of April in the year of Nineteen Hundred and Ninety Six BETWEEN the Owner: Yakima Fire Department (Name and address) 401 North Front Street Yakima, VA 98901 and the Contractor: Lame and address) Frederick & Michael Construction Company, Inc. D.B.A. F & M Construction Company P.O. Box 2687 The Project is: Yakima, WA 98907 (Name and location) Fire Station 3 Yakima, Washington The Architect is: (Name and address) Davis, Opfer, Raab Architecture 811 Surrmitview Ave. , Suite 2 Yakima, WA 98902 The Owner and Contractor agree as set forth below Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 197-, ©1987 by The American Institute of Archi- tects, 1-35 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 he subject to legal prosecution AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W,WASHINGTON,D C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions). Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued atter execution of this Agreement,these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9 ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract'Time of Paragraph A.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to he fixed in a nonce to proceed issued by the Owner (Insert the date of(onnnencement if it differs from the date of this Agreement or tf applicable state that the date will he fixed in a notice to proceed 1 Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely tiling of mortgages, mechanics liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than tItsert the calendar date or number of calendar days after the date of commencement Also insert any requirements f,r earber snbsaaitial Completion of,cr tam portnms of the IV ark if not stated elsewhere in the Contract Documents.) October 17, 1996 suhlect to adjustments of this Contract Time as provided in the Contract Documents (Insert provisions if any for liquidated damages relating hi failure to complete on time I Liquidated damages to commence October 18, 1996 at$500.00/day. See Section 00800 regarding liquidated damages for not achieving final completion. AM DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • •\IA" • IcJH- THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE,N\Y WASHINGTON I)e, 2n00o A101-1987 2 WARNING.Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Eight hundred seventy six thousand eight hundred seventy seven Dollars (s 876,877 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner (State the numbers or other identification of accepted alternates if decisions on other alternates are to be male by the((liner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until twitch that amount is valid Base Bid $856,900 Alternate No.2 $11,408 Alternate No 3 $3,274 Alternate No 4 $4,730 Alternate No. 5 565 TOTAL $876,877 4.3 Unit prices, if any, are as follows None AIA DOCUMENT A101 • OWNER-( ONTRA(.TOR AGREEMENT • TWELFTH EDITION • AIA`" • 198' TIIE AMERIC 1N INS'i ITI1TE OF ARCI IITECTS, 1 '35 NEW YORK AVENUE,N W,WASHINGTON,D C 20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows. 5.3 Provided an Application for Payment is received by the Architect not later than the twenty-third day of a month,the Owner shall make payment to the Contractor not later than the last business day of thefollowinq month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than seventy-five days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall he based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the\arious portions of the Work and he prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule. unless objected to by the Architect, shall be used as a basis for reviewing the Contractor s Applications for Payment 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent 5 ";i) Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph,3 'of the General Conditions even though the Contract Sum has not vet been adjusted by Change Order, 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent ( 5 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner, and retainage. 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9 S of the General Conditions 5.7 The progress payment amount determined in accordance with Paragraph 5 b shall be further modified under the following circumstances 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent( 95 %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims, and Project close-out 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9 10 3 of the General Conditions 5.8 Reduction or limitation of retainage, if any, shall be as follows (ll It Is intended. prior to Substantial Completion u/the entire Work to reduce or limit the retainage resulting from the pertentaEes inserted in )tbpara- ,/rapls i 6 / and i 6 2 above and this is not explained elsewhere in the(innract Documents. Insert here prorisiuus hir toe/i reduction or!mutation I AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • \IA'' • lc)H-' THE AMERI(.AN INSTITUTE OF ARCHITECTS, I'35 NEW\ORE AVENUE,N W WASHINGTON,D C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall he made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor s responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment,and(2)a final Certificate for Payment has been issued by the Architect,such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents 7.2 Payments due and unpaid under the Contract shall hear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate o/interest agreed upon. u/one I 12% per annum (I'sure taus and requirements under the Federal Truth in Lending Act similar crate and local consumer credit laws and other regulations at the Owner s and Contractor c principal places of business, the location of the Protect and elsewhere mar affect the validity of this provision Legal advice should he obtained with respect to deletions or modifications. and also regarding requirements such as written disclosures or waivers 1 7.3 Other provisions. For the purposes of this agreement the terms "Project Manual" and "Construction Specifications" are one and the same. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may he terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions 8.2 The Work may he suspended h\ the Owner as provided in Article 14 of the General Conditions MA DOCUMENT A101 • OWNER-i.ONTRACTOR AGREEMENT • TWELFTH EDITION • AIA" • P1987 THE AMERICAN INSTITI1TE OF ARCHITECTS 1-,*5 NEW YORKAVENIIF„NAX' WASHINGTON,D C.20006 A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,ALA Document A201, 1987 Edition 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 1, 1996 , and are as follows. Document Title Pages See Exhibit "A" 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9 1 3, and are as follows. [Either list the )pect/uatunts here or refer to an exhibit attached to this.Agreement) Section Title Pages See Exhibit "A" AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA" • Ivi^ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W 'AASHINGTON,1)(,.2)0(10 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.5 The Drawings arc as follows and are dated March 1, 1996 unless a different date is shown below (Hither list the Drau nits here or ri•/er to an erhant attached to this -Igreement Number Title Date See Exhibit "B" Index of Drawings March 1, ' 1996 9.1.6 The addenda it .tn\ are as tout)\~ Number Date Pages 1 March 15, 1996 22 2 March 21, 1996 9 3 March 25, 1996 8 Portions ul addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this lrucic AIA DOCUMENT A101 • OWNER-(()NTRACTOK AGREEMENT • TWELFTH EDITION • ALA' • tc 1987 FILE AMERICAN INSTIT1'TEOF AKCIHirEcTs t-AS NEW\ORKAVENUE,N W WASHINGTON,Dl. 200(N) A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows. (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to hid,Instructions to Bidders,sample forms and the Contractor s hid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Supplementary Conditions, Section 00800 is anended as follows: 4.4.4 Amend to add: "upon expiration of such time" 4.5.1 Amend to read: "4.5.1 Amend the third line to read: "or the breach thereof, may upon agreement by Owner and Contractor be settled by arbitration in accor-" 7.3.6 Delete: "costs for the purpose of" 9.3.1 Following Section 01027, Add: "of the project manual" 10.1.6 Delete the last sentence. 12.2.2.1 Replace: "terminated" in the last sentence with "completion" This Agreement is entered into as of the day and year first written above and is executed in at least three original copses of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner OWNER CONTRACTOR • (Signature) (Signature) Dick Zais , City Manager A. RICHARD FRENZEL - VICE PRESIDENT (Printed name and title) (Printed name and title) AIACAUTION: You should sign an 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. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • 4IA • c'I s C' THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W,WASHINGTON,D I. _'0000 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Exhibit "A" FIRE STATION 3 INDEX YAKIMA FIRE DEPARTMENT PAGE 1 YAKIMA,WASHINGTON SECTION DESCRIPTION PAGES PART 1 BIDDING REQUIREMENTS 00030 Invitation for Bids 2 00100 Instructions to Bidders 6 00105 Special Conditions 14 00200 Non-Conclusion Declaration 1 00300 Bid Form 2 PART 2 CONTRACT REQUIREMENTS 00400 Agreement Form 1 Project Documents and Forms 8 General Conditions of the Contract for Construction 24 00800 Supplementary Conditions 16 Prevailing Wage Rates 1 Washington State Prevailing Wage Rates 11 (Yakima County, Effective 03-02-96) PART 3 TECHNICAL SPECIFICATIONS DIVISION 1 •GENERAL REQUIREMENTS 01010 Summary of Work 3 01027 Applications for Payment 3 01030 Alternates 3 01035 Modification Procedures 4 Design ClarificationNariation Request (DCVR) 1 01040 Coordination 7 01045 Cutting and Patching 3 01050 Field Engineering 2 01080 Applicable Codes 1 01090 Definitions and Standards 3 01200 Project Meetings 3 01300 Submittals 7 Submittal Log 1 9505 FIRE STATION 3 INDEX YAKIMA FIRE DEPARTMENT PAGE 2 YAKIMA,WASHINGTON SEGTI DESCBI TION PAGES DIVISION 1 • GENERAL REQUIREMENTS (Continued) 01400 Quality Control Services 3 01500 Temporary Facilities 6 Project Sign Drawing 1 01600 Products and Substitutions 7 Substitution Request Form 1 01700 Project Closeout 8 01740 Warranties and Bonds 2 DIVISION 2• SITE WORK 02005 Public Right-Of-Way 1 1988 APWA Amendments to Division One of the 1988 WSDOT/APWA Standard Specification for Private Construction of Public Works Improvements 16 Specifications for Private Construction of - Public Water Mains for City of Yakima 1988 14 Specifications for Private Construction of Public Sewer Mains for City of Yakima 1988 12 02110 Site Clearing 2 02200 Earthwork 9 02511 Asphalt Concrete Paving 4 02520 Portland Cement Concrete Paving 5 02700 Storm Drainage 3 02713 Site Water Mains 3 02722 Site Sanitary Sewer Utility 2 02810 Underground Irrigation System 7 02900 Landscape Work 5 DIVISION 3• CONCRETE 03310 Concrete Work 14 DIVISION 4• MASONRY 04200 Unit Masonry 13 9505 FIRE STATION 3 INDEX YAKIMA FIRE DEPARTMENT PAGE 3 YAKIMA,WASHINGTON SECTION DESCRIPTION PAGES DIVISION 5• METALS 05120 Structural Steel 4 05500 Metal Fabrications 9 DIVISION 6•WOOD& PLASTICS 06100 Rough Carpentry 6 06185 Structural Glued Laminated Units 3 06192 Prefabricated Metal-Plate Connected Wood Trusses 2 06195 Prefabricated Wood Joists 2 06402 Interior Architectural Woodwork 6 DIVISION 7•THERMAL& MOISTURE PROTECTION 07110 Sheet Membrane Waterproofing 3 07160 Bituminous Dampproofing 2 07175 Water Repellents 3 07200 Insulation 4 07241 Exterior Insulation and Finish Systems Class-PB 8 07311 Asphalt Shingles 4 07410 Preformed Roofing and Siding (Alternate) 4 07600 Flashing and Sheet Metal 3 07820 Custom Manufactured Skylights(Alternate) 4 07900 Joint Sealers 5 DIVISION 8• DOORS&WINDOWS 08110 Steel Doors and Frames 4 08211 Flush Wood Doors 2 08331 Overhead Doors 4 08410 Aluminum Entrances and Framing Systems 4 08521 Vinyl Windows 4 08710 Door Hardware 7 Door Schedule 1 08800 Glass and Glazing 6 9505 FIRE STATION 3 INDEX YAKIMA FIRE DEPARTMENT PAGE 4 YAKIMA,WASHINGTON SECTION DESCRIPTI N PAGES DIVISION 9• FINISHES 09250 Gypsum Wallboard 6 09300 Tile 10 09511 Acoustical Panel Ceilings 4 09660 Resilient Flooring 4 09680 Carpeting 4 09900 Painting 10 09986 Sanitary Wall Finish 3 Room Finish Schedule 1 DIVISION 10• SPECIALTIES 10155 Toilet Compartments 4 10200 Louvers and Vents 3 10425 Signs 5 10800 Toilet Accessories 2 DIVISION 11 • EQUIPMENT 11452 Residential Equipment 3 11485 Miscellaneous Building Equipment 3 DIVISION 12• FURNISHINGS 12500 Window Treatment 3 DIVISION 13• SPECIAL CONSTRUCTION No work this project DIVISION 14 • CONVEYING SYSTEMS No work this project 9505 FIRE STATION 3 INDEX YAKIMA FIRE DEPARTMENT PAGE 5 YAKIMA,WASHINGTON SECTION DESCRIPTION PAGES DIVISION 15• MECHANICAL 15050 Basic Mechanical Materials and Methods 6 15100 Valves 4 15145 Hangers and Supports 3 15250 Mechanical Insulation 9 15330 Wet-Pipe Sprinkler System 11 15410 Plumbing 10 15430 Plumbing Specialties 9 15440 Plumbing Fixtures 9 15460 Water Heaters 3 15481 Compressed Air Systems 2 15488 Natural Gas Piping Systems 3 15530 Refrigerant Piping 7 15575 Breechings, Chimneys, and Stacks 1 15610 Furnaces 4 15620 Fuel Fired Heaters 3 15670 Condensing Units 3 15853 Power Ventilators 3 15891 Metal Ductwork 5 15932 Air Inlets and Outlets 2 15990 Testing, Adjusting and Balancing 2 DIVISION 16• ELECTRICAL 16000 General Provisions 5 16100 Basic Materials and Methods 9 16200 Electrical Service System 1 16300 Distribution 7 Panelboard Schedule 4 16400 Lighting Systems 3 Lighting Fixture Schedule 3 16500 Fire Alarm System 5 END OF INDEX 9505 EXTENT OF THE WORK TO BE PERFORMED Exhibit "B" 51 ANl TRADE. z )DE INFORMATION INDEX OF DRAWINGS N wa c, zo . ATION B GENERAL m— 6 G001 COVER SHEET ' r bedrooms) CIVIL V-N C001 TOPOGRAPHIC SURVEY ,Ti_ SOUTH EXTERIOR WALL (GRIDS) 1-HOUR CODE SITE GRADING AND DRAINAGE PLAN FIRE RESISTIVE CONSTRUCTION A MINUMUM C003 SITE UTILITY PLAN c w OF 20 FEET FROM PROPERTY LINE. LANDSCAPING = upQ P. NED 8,000 SF (TABLE 5-B, U B C ) L001 LANDSCAPE PLAN :t E. 4 8,000 SF (100% INCREASE — L002 IRRIGATION PLAN ., 0 SEPARATION 3 SIDES) U) Z W 16,000 SF (PER FL.) ARCHITECTURAL H UAL. 8,621 SF (MAIN FL.) A001 SITE PLAN , 567 SF (UPPER FL.) A002 SITE DETAILS E-1 (4 AlOI FLOOR PLANS / WALL TYPES W 0 . 9,188 SF A102 ROOF PLAN / DETAILS F� ~ A201 EXTERIOR ELEVATIONS w WED 35 FEET (TABLE 5-1, f U.A Z 0 ) A202 BUILDING SECTIONS 0 C.., TUAL. 28 FEET A301 INTERIOR ELEVATIONS A302 INTERIOR ELEVATIONS A303 INTERIOR ELEVATIONS WED 2 STORIES (TABLE 5-8, U B C ) A401 REFLECTED CEILING / DETAILS FUAL. 2 STORIES A601 WALL SECTIONS 1 A602 WALL SECTIONS �T� A701 DETAILS W VICINITY MAP A702 DETAILS STRUCTURAL S100 STRUCTURAL NOTES & TYP DETAILS 0 N S101 FLOOR PLAN TO ELLENSBURG S102 ROOF FRAMING PLAN 82 S401 DETAILS 0 14 14 S402 DETAILS I'Tj o—i „a t2 MECHANICAL Q PA 411.1 - . ::N. 197 M100 LEGEND AND DETAILS t" tp M101 FLOOR PLAN — PLUMBING ���\.. I�N// E RD M102 FLOOR PLAN — HVAC .it' '0 ware p M103 SCHEDULES AND DETAILS � •s! o.�� AA'''' h'f �\ M104 DETAILS & SCHEDULES — PLUMBING %Y ��e\ V h L� uigi 0�� N AV — ELECTRICAL 2 E101 ELECTRICAL SITE PLAN Copyright reserved All pans or this drawing are the eaciusne property of a \-) E201 ELECTRICAL LIGHTING PLANS DAVIS OPFER ARCHITECTURE and moll not beused or reproduced in anyway without the expressed written E202 ELECTRICAL POWER PLANS permission of DAVIS OPFER RAAB .if if, _ \ RCHITECTURE. E203 MECII. EQUIPMENT / ELEC PLANS E204 ELECTRICAL SIGNAL PLANS PROJECT NO 9505 kIL..c FILE NO 5056001 DESIGNED BY AGO DRAWN BY SMK/V0P \ A.Hnoro A CHECKED BY A60 CATE O3/OI/9S REVISION '(AKIMA, WASHINGTON SCALE AS SHOWN SHEET NO. 0001 1 .3 1 1 I I I 16