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05/04/2010 06C Police Athletic League Building Expansion/Update Study, Contract with Wardell Architects
BUSINESS OF THE CITY COUNCIL 0 YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4 C-- For Meeting of May 4, 2010 ITEM TITLE: Consideration of a Resolution and execution of a Contract between the City of Yakima and the Wardell Architects to conduct a study to expand and update the current Police Athletic League building. SUBMITTED BY: Sam Granato, Chief of Police • CONTACT PERSON/TELEPHONE: Chief Granato - 575 -6211 SUMMARY EXPLANATION: The Yakima Police Athletic League currently operates out of the Miller Park Activities Building, which was previously the senior citizens center for the City of Yakima. The building currently lacks facilities that would further promote the mission of the YPAL, namely a gymnasium. Additionally, the building is need of updating and renovation to make it more functional for YPAL programs. Although funding is not currently available to accomplish such an addition and renovation to the facility, there is funding in the Law and Justice Capital budget to contract for a study and develop a pre - schematic design and preliminary budget. Wardell Architects are able to provide such a study. This request has been reviewed by the Public Safety Committee at their April 21, 2010 meeting. 4110 The cost of this contract is $9000. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source Law and Justice Capital fund APPROVED FOR SUBMITTAL: - \� City Manager STAFF RECOMMENDATION: It is recommended the Council adopt the contract authorizing the execution of this agreement. BOARD /COMMISSION RECOMMENDATION: The Public Safety Committee has reviewed this request and recommends adoption of the contract. COUNCIL ACTION: 4110 RESOLUTION NO. R 2010 - A RESOLUTION authorizing and . directing the City Manager to execute a Contract between the City of Yakima and Wardell Architects for a study to expand and update the current Yakima Police Athletic League facility. WHEREAS, the City of Yakima owns the Miller Park Activities Center to use as the operations base of the Yakima Police Athletic League (YPAL); and WHEREAS, the current building Tacks facilities that would be beneficial to the advancement of the YPAL mission; and WHEREAS, the City of Yakima Police Department desires to conduct a study to determine a preliminary budget and pre- schematic design plan for expansion and updating of the facility; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Contract with Wardell Architects for to conduct the study, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated contract for services for the Yakima Police Athletic League Building Study. ADOPTED BY THE CITY COUNCIL this 4 day of May, 2010. • ATTEST: Micah Cawley, Mayor Deborah Kloster, City Clerk City of Yakima A;;: � \T OF ,, � 0 Police Department 200 S. 3" Street Yakima, ,�. �. S pTL O . : � Samuel Granato, Chief of Po /ice Washington 98901 ;i; F;�=;� Telephone (509)575 -6200 Fax (509)575 -6007 "� %' MEMORANDUM April 16, 2010 TO: Dick Zais, City Manager FROM: Kelly M. Rosenow, Deputy Chief of Police SUBJECT: YPAL Expansion Proposal Update As you are aware there is discussion in contracting with Wardell's to conduct a study of the expansion of the Miller Park building (YPAL). Councilmember Coffey has been supplied with Wardell's proposal. Due to city budget issues this study had not been moved forward for full council approval. The estimated cost of the proposal is less than $9,000. Cindy Epperson states "the cost would come out of the Law and Justice Capital 0 Fund. There is $40,000 in 333 - 333 - 518 - 0000 - 52120 -410 professional services. The budget says there is $65,000 in prof. services for "architectural services related to the Westside precinct study ". However, the $65,000 is split into 2 accounts —the $40,000 listed above and $25,000 in a separate capital professional service line. Neither of these accounts have any actual in them yet in 2010 ". The YPAL building is in dire need of rehabilitation and expansion. The first step in this process is conducting the study to determine the cost and /or if the building is suitable for expansion. The police department recommends the Public Safety Committee seeks council approval to fund the Wardell proposal. III t` `„ 0"4:„: ,7,4•6p-4,4 ,4 ti a �, i ey w:f vtit . f i1 a G"k:r . " 1:vz,„;,14 x tt ARCHITECTh TRANSMITTAL Date: November 18, 2009 Re: Yakima Police Athletic League Building Study Project No. 1052.25 To: Capt. Jeff Schneider, Yakima Police Department Enclosed /Attached Herewith: S 2 Original contracts (AIA Document 6101) for signature 1 Additions and Deletions Report for AIA Document B101 Comments: Jeff, I have included the " Additions and Deletions Report" for the contract, which shows where all the changes were made. Hopefully this will go to Jeff Cutter for review, since he is already familiar with the document. I've modified it to suit the project since its a study, not full architectural servers. If you or he has any questions, don't hesitate to call. a by: Iris A. Wardell, AEA Wardell Architects 41) iY egYNCT east ut Y'I1' WA + 989 02 . honeg50 X 953: 6' �, • r y: • 1AiA e Document B T 2007 • Standard Form of Agreement Between Owner and Architect • AGREEMENT made as of the 1st day of December in the year Two Thousand Nine (In words, indicate day, month and year.) • BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added information needed for its completion. The author may also City of Yakima have revised the text of the original 129 North 2nd Street AIA standard form. An Additions and Yakima, WA 98901 Deletions Report that notes added information as well as revisions to the • standard form text is available from the author and should be reviewed. A and the Architect: vertical line in the left margin of this • (Name, legal status, address and other information) document indicates where the author has added necessary information Wardell Architects, P.S. and where the author has added to or 509 West Chestnut deleted from the original AIA text. Yakima, WA 98902 This document has important legal • consequences. Consultation with an attorney is encouraged with resp to its completion or modification. for the following Project: (Name, location and detailed description) • Yakima Police Athletic League Building Study 602 North 4th Street Yakima, WA 98901 Develop preschematic design for a gyre, develop lists of improvernents and maintenance items for the existing PAL building, develop preliminary budget estimates of probable construction cost. The Owner and Architect agree as follows. • • • • Init AIA D scument 8101 T° — 2007 tformeriy 2151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • • TABLE OF ARTICLES • • 1 INITIAL INFORMATION • 2 ARCHITECT'S RESPONSIBILITIES • 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK • • 7 COPYRIGHTSAND LICENSES 8 CLAIMS AND DISPUTES • • 9 TERMINATION OR SUSPENSION • 10 MISCELLANEOUS PROVISIONS • 11 COMPENSATION • • 12 SPECIAL TERMS AND CONDITIONS • 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION • ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article (Paragraphs deleted) 1. Project Scope: Provide pre - schematic design level services as outlines in Article 3.2. § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: • N/A • .2 Substantial Completion date: N/A § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 21 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall • perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of • the Project. AIA Document 8101 TM - 2007 formerly B151 TM - 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Intl reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the • Project. • § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: 2.5.1 The Architect is responsible to the Owner for error and omissions resulting from the services performed under this Agreement by consultants retained for this project. 2.6 Insurance Provisions: The Architect shall have and maintain the following : 2.6.1 Commercial General Liability: The Architect shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no Tess than $2,000,000. 2.6.2 Workers' Compensation: The Architect shall maintain workers' compensation insurance as required by Title 51, RCW. 2.6.3 Automobile Liability: The Architect shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000, each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non -owned automobiles. (Paragraphs deleted) • 2.6.4 Professional Liability Insurance: The Architect shall maintain Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). If requested, the CONSULTANT shall provide the City with an insurance certificate clearly stating who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VI1 or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before May 1, 2009, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by Project Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the � ect proceeds until the commencement of construction. AIA Document B101"' — 2007 formerly B151 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: •(1095526221) § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.2PRE DESIGN STUDY SERVICES (Paragraphs deleted) - § 3.2.1 The Architect shall review information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. • § 3.2.2 The Architect shall provide the following study components: .1 Develop a Pre - Schematic level design for a gymnasium, including a suggested floor plan, sections and elevations. .2 Test two locations for the gym: adjacent to the existing building or incorporating the existing pool house building. .3 Develop a list of improvements to preserve and better utilize the current building. .4 Provide layouts of changes necessary to improve internal functions and to accommodate the gym if located adjacent to the existing building. .5 Develop a list of maintenance items for the existing building. • .6 Develop a list ofcolor/ material /Iightingimprovements. .7 Develop preliminary estimates of probable construction cost for budgeting purposes. • § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. • (Paragraphs deleted) . ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the • Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Additional Services Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) § 4.1.1 Detailed Programming A • § 4.1.2 Multiple preliminary designs A § 4.1.3 Measured drawings A § 4.1.4 Existing facilities surveys A § 4.1.5 Site Evaluation and Planning (B203TM -2007) NP § 4.1.6 Building information modeling NP § 4.1.7 Civil engineering NP • § 4.1.8 Landscape design NP § 4.1.9 Architectural Interior Design (B252TM -2007) NP § 4.1.10 Value Analysis (B204TM -2007) NP § 4.1.11 Detailed cost estimating NP § 4.1.12 On -site project representation NP • § 4.1.13 Conformed construction documents NP § 4.1.14 As- Designed Record drawings NP • § 4.1.15 As- Constructed Record drawings NP § 4.1.16 Post occupancy evaluation NP AIA Document B101 IM - 2007 forrnerly 8151 — 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • § 4.1.17 Facility Support Services (B210TM -2007) NP 1111 § 4.1.18 Tenant- related services NP § 4.1.19 Coordination of Owner's consultants NP § 4.1.20 Telecommunications /data design NP § 4.1.21 Security Evaluation and Planning NP (B206TM -2007) § 4.1.22 Commissioning (B211TM -2007) NP § 4.1.23 Extensive environmentally responsible design NP § 4.1.24 LEED Certification (B214TM -2007) NP § 4.1.25 Fast -track design services NP § 4.1.26 Historic Preservation (B205TM -2007) NP § 4.1.27 Furniture, Furnishings, and Equipment Design NP (B253 - 2007) § (Paragraphs deleted) § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: • .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 (Paragraphs deleted) NA § 4.3.3 (Paragraphs deleted) NA • Init AIA Document B101"" — 2007 (formerly 8161 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: • (1095526221) • • • § 4.3.4 If the services covered by this Agreement have not been completed within twelve (12 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. , ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, • expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to . evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe 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; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and e contours of the site; locations, dimensions and necessary data with respect 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. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. - § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or . defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 NA I (Paragraph deleted) § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work. • AIA Document B101 TM — 2007 formerly B151 TM — 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights !nit reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of S this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: • (1095526221) ARTICLE 6 COST OF THE WORK • § 6.1 For purposes of this Agreement, the Cost of the Work, also known as the Estimate of Probable Construction. Cost, shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or 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 budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. (Paragraphs deleted) § 6.6 (Paragraphs deleted) NA (Paragraph deleted) ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for. use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the AIA Document B101i- — 2007 formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init reserved. WARNING: This AIA e Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) . . • Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. • § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license • granted herein to another party without the written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall he • considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. 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. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 11110 § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the . interruption and resumption of the Architect's seryices. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. • § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. • § 9.6 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 Section 9.7. • § 9.7 Termination Expenses are in addition to coinpensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. • § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General 4110. Conditions of the Contract for Construction. AIA Document B101 Trn — 2007 formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights Init. reserved. WARNING: This AIA Document•is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. UserNotes: (1095526221) § 10.3 T he Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal III representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. §.10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, 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 the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or 0 "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) 1 Fee for the work shall be performed on a time and expense basis, not to exceed Nine Thousand and no /100 dollars ($9,000.00) without prior written authorization. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) I Additional Services shall be computed on a time and expense basis. Reimbursable Expenses shall be charged at 1.1 times actual invoice. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Additional Services shall be computed on a time and expense basis. Reimbursable Expenses shall be charged at 1.1 times actual invoice. f § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent ( 10% . III MA Document 8101 TM — 2007 formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) . . 0 § 11.5 NA . (Table deleted) (Paragraph deleted) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. • (If applicable, attach an exhibit of hourly billing rates or insert them below.) Architect's Principals: $120.00 per hour Employee or Category • Rate • . I NA • • § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 . Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock -ups, professional photography, and presentation materials requested bythe 1111 Owner; . 8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project- related expenditures. I § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent (10 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's instruments of Service solely for purposes of completing, using and maintaining tlieProject as follows: 1 $500.00 § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. . (Insert rate of monthly or annual interest agreed upon.) • one and one -half % 1.5% per month • AIA Document 8101 i — 2007 formerly B151 **` - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated 4110 damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS • Special terms and conditions that modify this Agreement are as follows: NA ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be • amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA. Document B101 Standard Form Agreement Between Owner and Architect 1 (Paragraphs deleted) This Agreement entered into as of the day and year first written above. OWNER ARC ITECT, (Signature) (! Lure) R.A. Zais, Jr., City Manager Lois A. Wardell, AIA, President (Printed name and title) (Printed nacre and title) • • • • lnit AIA Document B101"' — 2007 (formerly 8151 TM - 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User !votes: ' (1095526221) • h v, Additions and Deletions Report for • AMA Document B101 TM — 2007 • This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. • Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:27:20 on 11/18/2009. • PAGE1 AGREEMENT made as of the 1st day of December in the year Two Thousand Nine • City of Yakima 129 North 2nd Street Yakima, WA 98901 Wardell Architects, P.S. S 509 West Chestnut - • Yakima, WA 98902 Yakima Police Athletic League Building Study 602 North 4th Street Yakima, WA 98901 • Develop preschematic design for a gym, develop lists of improvements and maintenance items for the existing PAL building. develop preliminary budget estimates of probable construction cost. PAGE 2 • § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Infor -mation: . . a. • • consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, 1. Project Scope: Provide pre - schematic design level services as outlines in Article 3.2. • • N/A N/A Additions and Deletions Report for AIA Document B101". — 2007 (formerly B151" — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires an 04/15/2010, and is not for resale. User Notes: (1095526221) PAGE 3 aRy.}2.5.1 The Architect is responsible to the Owner for error and omissions resulting from the services performed under this Agreement by consultants retained for this project. 2.6 Insurance Provisions: The Architect shall have and maintain the following : .1 General Liability2.6.1 Commercial General Liability: The Architect shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000. 2.6.2 Workers' Compensation: The Architect shall maintain workers' compensation insurance as required by Title 51, RCW. 2 Automobile Liability2.6.3 Automobile Liability: The Architect shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000, each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non -owned automobiles. .4 Professional Liability 2.6.4 Professional Liability Insurance: The Architect shall maintain Professional Errors and Omissions Liability Insurance with coverage ofat least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). If requested, the CONSULTANT shall provide the City with an 110 insurance certificate clearly stating who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before May 1, 2009, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. PAGE 4 3.2PRE DESIGN STUDY SERVICES • Architect shall respond to applicable design requirements imposed by such governmental authorities and by such § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall ... .. - ... . , - • - - ' . , • . - -, _ . • - - of the other, to ascertain the requirements of the Project. The Architce - - • : - - e - - - • needed for the Project.provide the following study components: Additions and Deletions Report for AIA Document 8101 T" — 2007 (formerly B151 "' — 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • .1 and elevations. Develop a Pre- Schematic level design for a gymnasium, including a suggested floor plan, sections .2 Test two locations for the gym: adjacent to the existing building or incorporating the existing pool house building. .3 Develop a list of improvements to preserve and better utilize the current'building. .4 Provide layouts of changes necessary to improve internal functions and to accommodate the gym if located adjacent to the existing building. • .5 Develop a list of maintenance items for the existing building,. .6 Develop a list of color /material /lighting improvements. .7 Develop preliminary estimates of probable construction cost for budgeting purposes. • § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the f asibility of incorporating • . • - - - . Project. • • -- - .. . .:. .. . ' _ . - • .. • . • •; _ .. , ., . - . - . • . _ .. . - z, " . • .. fib Section 6.3. _ - • • • . • • . ■ . . . ■. ■. . . • ' - . _.• • • Additions and Deletions Report for AIA Document 8101 — 2007 (formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. • User Notes: .(1095526221) • .. a .. - ' .. D. - t. .. a .. -' , , .. - - ' . -- - - , Y.. _ . ... ... - . • .. , • .. .- -. , ! ... e. : . - •. • .. .- .. , • .. .. - _ ; .. - - ..... . . § MA GENERAL The Architect sh • • - . - - . - • - • ; ._ ... _ _ - • •. ' .... • § 3 s 7 COMPETITIVE BIDDING §-34.'4-Biel 1 : , ..mg- Deemitents- shad -eonsi of-bid ing -Feci flit- entents -iN, r-eposed -C-e trot -Doeu Vents - § 3.5.2.2 Th Architect shall assist the Owner in bidding-th&Projgct -by • .. _ ... e : . - - - _ . . . - :. • • - . • ... _ . - if any, received from and returned to prospective bidder:; • . ..:.. "_e:.' -- .. ._. ' -. -. - - -- .. ..; .. . • • • • it ••t ... . .. . ... . . . ... .. - -' ., • . . -.. . . • ' . - . . _ 1 ... . e : .. . , .. . • . . . . - - • Additions and Deletions Report for AIA Document B101 TM' — 2007 (formerly 8151 TM — 1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No. 1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • �.... >; Mae GENE AI a ee • b - • • • _ - - :. o . - : • • . = • , or as Other . e • - -re tared " : . .. e . - . - , . - -- • • &ubwentt'aete . .. - • . ;+ 'ties 13 €rfc�Arrinb • Contract Documents written request of either the Owner or Contractor. The Architect's response to such requests • - • • - . - . ..• ..- '- C ontrac t D • Additions and Deletions Report for AIA Document 13101 — 2007 (formerly 8151 TM ' - 1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • . - - - _ , Y _ ■, _ !- § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such Architect's evaluation of the Work as provided in Section 3.6.2 and on the the Contractor's means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from • Contract Sum. § SU8 AITTALS appre,al hem h tests -a an -ire- reviewing - submittals- shall- ve-tal n- in- aecordance with- the - approved- submittal time-in-the Architect's profes& 4juet ent to permit- adequate- r-eviez - b § 3.5.42 In accordance with the Architect approved submittal sch Jule, the Archit ct shall rcvicw and approv or take for the limited purpose, of checking for conformance with information given and the design concept expressed in the ®k hor-i r+natio,a- stlelra • .. • t - er- peFfer�raaee-ef-equipFneut-eF-s-yste• -wl?iel} unless-oth-e wise •spe ' - . +. .. _ • - , - - tie » -a a - - . - . • a- component, • . . !: . •. - . Y.. a. ... • • Additions and Deletions Report for AIA Document 8101 "" - 2007 (formerly B151"" — 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) !- §- 3:a. 4 rho Arehiteet- she4l -f&-w rd-to the - Owner -the following-information ,ation- ;eeeived free e- Ceatractor: (1) afftdavits- receipts- releases -and waivers -ef- liens -or- bends - indemnifying - the- Owner-against-liens; and -(3) -any- ether .. _ .. .. e©lu/t adie it• - • • • -..e-e-Elesefiption is located ii - • . • • , • , *std) • § 4.1.1 Detailed Programming A § 4.1.2 Multiple preliminary designs A § 4.1.3 Measured drawings A § 4.1.4 Existing facilities surveys A § 4.1.5 Site Evaluation and Planning (B203TM -2007) NP § 4.1.6 Building information modeling NP § 4.1.7 Civil engineering _ NP ^_ • § 4.1.8 Landscape design NP § 4.1.9 Architectural Interior Design (B252TM -2007) NP § 4.1.10 Value Analysis (B204TM -2007) NP § 4.1.11 Detailed cost estimating NP • § 4.1.12 On -site project representation NP • § 4.1.13 Conformed construction documents NP § 4.1.14 As- Designed Record drawings NP Additions and Deletions Report for AIA Document B101 TN - 2007 (formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • § 4.1.15 As- Constructed Record drawings NP • § 4.1.16 Post occupancy evaluation NP § 4.1.17 Facility Support Services (B210Tm -2007) NE § 4.1.18 Tenant - related services NP § 4.1.19 Coordination of Owner's consultants NP § 4.1.20 Telecommunications /data design NP § 4.1.21 Security Evaluation and Planning NP (B206TM -2007) § 4.1.22 Commissioning (B211T' -2007) NP § 4.1.23 Extensive environmentally responsible design NP § 4.1.24 LEED Certification (13214TM -2007) NP § 4.1.25 Fast -track design services NP • § 4.1.26 Historic Preservation (B205TM -2007) NP § 4.1.27 Furniture, Furnishings, and Equipment Design NP (B253TM -2007) L PAGE 5 § 4.3.2 . , ... . . , • . • . •. • • ,., - . • •. - • - - - - • - - • _ • .. •. • , _ - • Arch itcct; • • � • p� a ,.• to.�p�.rp „ ..e.k:.... n d • - • $ 3 - - - - • - - - �- i �, . • e • - �) - _ . . • `- erit e• r ' eerdinatierawing, or"pr'io ' _ ct-ee espe ' J nt 1i prepesals -and supperting - . - : • . ... • . - .isien of=struments- e>f -Ser -vice; • § 4.3.3 Tot -e-A itect-sh-all provide Construction Phase Servi_es exeeeding- the -n=«t fo -'. . .. • o .1 ( ) reviews of each Shop Drawing, Produet Data item, sample and similar submittal of the Contractor .2 ( ) visits to the site by the Architect over the duration of thc Project during construction • • Additions and Deletions Repoli for NA Document B101"' - 2007 (formerly 8151 T" - 1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this NA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • . . . , . , , • § 4.3.4 If the services covered by this Agreement have not been completed within twelve (12 ) months of the date of . • III this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. . PAGE 6 - • NA § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Wor#; -shall • Work. . PAGE 7 • § 6.1 For purposes of this Agreement, the Cost of the \Nerk Work, also known as the Estimate of Probable Construction Cost, shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for 0 changes in the Work or other costs that are the responsibility of the Owner. Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work §.6.6 .•e :. . • .- - •. • - . .- : •..: a : - . - . _ - - 3 terminate in accordance with Section 9.5; . the Co o f th W o • - .... .... NA - -- Article 6. III PAGE 8 • Additions and Deletions Report for AIA Document B101 T" - 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • § 8 IAnION them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Agfeement. A rcgt a tt-fe - mediation she c ll -b -made in writ': - • " - - • - • •• - , • • • cemplain -t -ems ether- apprepDaate -de t - for- btnEhng- dispute resolution but tet -e- m iat-ien- shn-ll -pre6 I-in • . - . • . yed-fe • • -- • * - .. -+'es or court order. If an arbitration § 8.2.4 If the parties do not resolve a dispute tl .. - • . . • • - - • -. - • - • - • - • • . - _ - b: Cheek th •• . • . ; o . - a.. - • . . elect a . . • . .. , '. • . do not subsequently' agree in writing to a binding dispute resolution method other than litigation, the dispute will be { ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction 1 ] Other (Specify) §-873-ARBITRATION Additions and Deletions Report for AIA Document B101"° — 2007 (formerly B151"' — 1997). Copyright m 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the • maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • • • • • •• • a r. -•r • i • Architect under this Agreement. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensate . • .. • . • •. • -ct's • compensated. PAGE 9 Fee for the work shall beperformed on,a time and expense basis, riot to exceed Nine Thousand and no /100 dollars ($9,000.00) without prior written authorization. • • Additional Services shall be computed on a time and expense basis. Reimbursable Expenses shall be charged at 1.1 times actual invoice. • Additional Services shall be computed on a time and expense basis. • Reimbursable Expenses shall be charged at 1.1 times actual invoice. - 411111 • Additions and Deletions Report for AIA Document B101 - 2007 (formerly 13151 - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the . maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: • (1095526221) § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as otherwise stated below: ten percent ( 10% . PAGE 10 §11.5. -. . :. • _ .. ... . -- • ,.- - Schematic Design Phase percent ( 9p\� Desi De Ph p4 T°7 ! : percent ( 0/0 1 • - pmt- -( %) Construction Phase pefser 94) • .. . ' ene-bwrilfeel percent —( -1.90 41.4) • fide- bid -er- negotiated- proposal r- (2- )- i-f-ne ruc-h- bid -er- proposal -is r-eseived -th- • - - • ate ^fa re Est- e€-the Agfe me ` -t r ?rll serweess- jerferf fe whether- Sr-net -tyre Constructs ' . - • . • Architect's Principals: $120.00 per hour • NA • • § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent (10 %) of the expenses incurred. $500.00 § 11.10.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.. one and one -half % 1.5% per month Additions and Deletions Report for AIA Document 8101 T" - 2007 (formerly 8151 T" - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No.1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221) • P • AGE 11 • • NA • !! • • • .3 Other documents: if any, forming part of the Agrccincnt.) • • R.A. Zais, Jr., City Manager Lois A. Wardell, ALA, President • • • • • • • Additions and Detions Report for AM Document 5101T" — 2007 (formerly 13/6• 1".° — 1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:27:20 on 11/18/2009 under Order No. 1000395370_1 which expires on 04/15/2010, and is not for resale. User Notes: (1095526221)