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Home My WebLink AboutR-2024-047 Resolution authorizing professional services agreement Supplemental 1 with NAC Architecture for MLK Jr. Park Eastside Pool Project 2745 RESOLUTION NO. R-2024-047 A RESOLUTION authorizing Contract Supplemental Agreement Number 1 to the Professional Services Agreement with NAC Architecture to provide professional construction management for the MLK Jr Park Eastside Pool Project 2745. WHEREAS, the City of Yakima (City) previously entered into a contract with NAC Architecture (R-2023-010) to provide aquatic pool design for the MLK Jr Park Eastside Pool Project 2745 (Project) under original contract number 2023-007, approved by the City Council and executed on January 4, 2023 by Resolution Number 2023-010; and WHEREAS, the City needs professional construction management and administration services for the Project; and WHEREAS, the Scope of Work included in the Supplemental Agreement Number 1 with NAC Architecture meets the needs and requirements of the City of Yakima for this Project; and WHEREAS, the Project will utilize REET 1 funds for the supplemental agreement; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to enter into Supplement Agreement Number 1 of the Professional Services Agreement with NAC Architecture for tasks associated with the MLK Jr Park Eastside Pool Project 2745; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Professional Services Agreement Supplemental 1 with NAC Architecture, not to exceed Three Hundred and Six Thousand Nine Hundred and Fifteen Dollars ($306,915) for the supplement to provide the Professional Services as described. ADOPTED BY THE CITY COUNCIL this 19th day of March, 2024. 1. /!.< :' > /7P/!7. Patricia Byers , Mayor ATTEST: _--Py�1Mq ; ► SS7n.•41c..••••••• '• A . 1 l ,, Brandy : adford, D: •uty City Clerk 1% kl;q`H*NG�O= Contract Supplemental Agreement Supplemental Agreement Organization and Address: Number: 1 1203 W Riverside Ave Spokane, WA 99201-1107 Original Contract Number: Execution Date of Supplement: 2023-007 City Engineering Project Number: Completion Date of Supplement: 2745 December 31, 2025 Project Title: Maximum Amount Payable this Supplement: MLK Jr Community Park Pool Design $306,915 Maximum Total Amount Payable for the Agreement: $1,245,348 ($938,433+$306,915) Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contract agreement entered into with NAC Architecture, and executed on Jan 4, 2023 by Resolution No. 2023-010 and identified as Contract 2023- 007 All provisions in the basic contract remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2: Scope of Services The Scope of Services is modified to include bidding, construction administration, and closeout per the attached Exhibit A-Scope of Work Proposal and EXHIBIT B-Architect/Engineering Fees- Basic and Supplemental Services Section 6: Compensation Payment for this supplemented work will, as shown on Exhibit A is not to exceed $306,915, bringing the total amount of the Agreement to $1,245,348 Section 8: Project Schedule and Budget There is no change to the agreement End Date of December 31, 2025 as a result of this Supplement. If you concur with this supplement and agree to the changes as stated above, please sign the appropriate spaces below and return to this office for final action. Digitally signed by Brooke Hanley, By: A� By: O U Brooke Hanley,AIA E=bhanley@nacarchitecture corn, O=NAC Architecture,CN="Brooke Hanley,AIA" 19:7 wmn m la m.se.na m.na Consultant Signature ity Manager I O JaO -(4 Date rl CITY CONTRACT NO: v (v p✓ IW:1. ' ' `—RESOLUTION NO. aUP�'� 1 --1-vAAIA Document B101® - 2017 Standard Form of Agreement Between Owner and Architect EXHIBIT A- Scope of Work Proposal ADDITIONS AND DELETIONS: AGREEMENT made as of the 3rd day of January in the year 2023 and revised as of the 1' The author of this document has day of February in the year 2024 added information needed for its (In words, indicate day, month and year.) completion.The author may also have revised the text of the original BETWEEN the Architect's client identified as the Owner: AIA standard form.An Additions and (Name, legal status,address and other information) Deletions Report that notes added information as well as revisions to the City of Yakima standard form text is available from 129 North 2nd Street the author and should be reviewed.A Yakima,WA 98901 vertical line in the left margin of this document indicates where the author has added necessary information and the Architect: and where the author has added to or (Name, legal status,address and other information) deleted from the onginal AIA text. This document has important legal NAC consequences.Consultation with an 1203 W Riverside Avenue attorney is encouraged with respect Spokane,WA 99201 to its completion or modification. for the following Project: (Name, location and detailed description) Martin Luther King Jr.Community Park Pool S 8th and Beech Yakima,WA 98901 The Owner and Architect agree as follows. Init. AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects This document was produced at 16.11:40 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents@ Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1248413295) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.") § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) New City of Yakima Aquatic Center in MLK Jr.Community Park including a new(approximately 5,500 SF) poolhouse building and(approximately 7,800 SF)new outdoor recreation pool(s)and related support facilities, parking,site utilities,landscape and all site components directly related to the aquatic center.A Feasibility Study conducted by the City in 2019 established approximate areas for the poolhouse building and areas for the pool(s).The study included approximately 7800 SF of pool area for Phase 1 and an additional approximate 900 SF of pool area for Phase 2.Details of the program including area of pools and pool amenities,area and requirements of the poolhouse and site requirements will be determined during the Predesign Phase. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics,such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site, etc.) The project will be located within MLK Jr.Community Park at S 8th and Beech.The park is approximately 143,800 SF (3.30 Acres)and the center is intended to occupy the north half of the park.The specific location and layout will be determined during the Predesign and Planning Phase. § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017 All nghts reserved "The Amencan Institute of Architects,""Amencan Institute of Init. Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects This document was produced at 16.11 40 2 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1248413295) (Provide total and, if known, a line item breakdown.) The Cost of the Work(MACC—Maximum Allowable Construction Cost)is$9,250,000.00,not including state sales tax.This MACC includes the pool area of Phase 1 only.The Owner's budget includes an additional$1,200,000.00 allowance,not including sales tax,to increase the MACC or for Bid Alternates above the original MACC.Written authorization by the Owner is required in order to increase the MACC using part or all of this additional allowance. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Design phases starting approximately on January 9,2023 and ending approximately on January 19,2024- Predesign: 8 weeks Schematic Design:5 weeks Design Development: 11 weeks Construction Documents:26 weeks Bidding:6 weeks .2 Construction commencement date: Construction commencement date will be determined within 45 days of the project bid date scheduled for March 5th,2024 .3 Substantial Completion date or dates: Substantial completion date is scheduled for 380 calendar days from the notice to proceed. .4 Other milestone dates: Not applicable(NA) § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract,as well as any requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction.) Competitive Bidding § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) None § 1.1.6.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA Document E204T"_2017,Sustainable Projects Exhibit,into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement,the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) Kenneth Wilkinson City of Yakima Parks&Recreation Init. AIA Document B101—2017 Copyright©1974,1978,1987,1997,2007 and 2017 All nghts reserved."The Amencan Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16.11.40 3 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo©aiacontracts.com. User Notes: (1248413295) 129 North 2nd Street Yakima,WA,98901 (509)576-6696 Kenneth.Wilkinson@yakimawa.gov § 1.1.8 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) Bradley Schneider City of Yakima Parks&Recreation 129 North 2nd Street Yakima,WA,98901 (509)576-6696 Bradley.Schneider@yakimawa.gov § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: None,geotechnical engineer to be retained by Architect .2 Civil Engineer: None,civil engineer to be retained by the Architect .3 Other,if any: (List any other consultants and contractors retained by the Owner.) Special Inspections&Testing during construction,GN Northern § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Keith Comes,Principal-in-Charge,kcomes@nacarchitecture.com Brooke Hanley,Project Manager,bhanley@nacarchitecture.com 1203 West Riverside Avenue Spokane,WA 99201 509-838-8240 § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: Coffman Engineers 10 North Post Street,Suite 500 Spokane,WA 99201 .2 Mechanical Engineer: L&S Engineering Init. AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16 11 40 4 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copynght violations,e-mail docmfo@aiacontracts.com. User Notes: (1248413295) 216 W Pacific Avenue,Suite 211 Spokane,WA 99201 .3 Electrical Engineer: NAC Engineering 1203 West Riverside Avenue Spokane,WA 99201 § 1.1.11.2 Consultants retained under Supplemental Services: Parametrix,Civil Engineer and Surveyor MTLA Landscape,Landscape Architect Water Technology,Inc.,Aquatic Consultant MACC Estimating Group,Cost Estimator GN Northern,Geotechnical Engineer § 1.1.12 Other Initial Information on which the Agreement is based: Predesign Phase is included as a Supplemental Service to determine fmal program requirements,confirm layout of the new aquatic center within MLK Jr Community Park(including development of up to 3 site and aquatic amenity layouts)and to confirm that the Owner's budget is in alignment with project requirements. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use MA Document E203174-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in MA Document E203T-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202T2013,Project Building Information Modeling Protocol Form,shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES(see also SECTION 7 of the prime Agreement for Professional Services) § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 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. Init. AIA Document B101—2017 Copyright©1974,1978,1987,1997,2007 and 2017 All nghts reserved "The Amencan Institute of Architects,'"Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The Amencan Institute of Architects.This document was produced at 16.11 40 5 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copynght violations,e-mail docmfo@aiacontracts.com. User Notes: (1248413295) § 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. (Paragraphs deleted) ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services.Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,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,and shall not be responsible for,the accuracy,completeness,and timeliness 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 the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming Work,made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents.The Architect shall respond to applicable design requirements imposed by those authorities. § 3.1.6 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. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner,and shall review laws, codes,and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,the proposed procurement and delivery method,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 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.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. Init. AIA Document B101—2017 Copyright®1974,1978,1987,1997,2007 and 2017.All nghts reserved "The Amencan Institute of Architects""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects This document was produced at 1611.40 6 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copynght violations,e-mail docinfo@aiacontracts com User Notes: (1248413295) § 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.2.6 The Architect shall review with the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish,in general,their quality levels. § 3.3.2 The Architect shall review with the Owner an update of the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)procurement information that describes the time,place,and conditions of bidding, including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor;and(3)the Conditions of the Contract for Construction(General,Supplementary and other Conditions).The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include bidding requirements and sample forms. 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AIA Document B101—2017.Copynght®1974,1978,1987,1997,2007 and 2017 All nghts reserved."The Amencan Institute of Architects,"'Amencan Institute of Architects,""AIA,'the AIA Logo,and'AIA Contract Documents"are trademarks of The Amencan Institute of Architects This document was produced at 16.11.40 7 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copynght violations,e-mail docmfo@aiacontracts com User Notes: (1248413295) § 3.4.4 The Architect shall review with the Owner an update of the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and request the Owner's approval. § 3.5 Procurement Phase Services(requires prior written authorization by the City to proceed) § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors.Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner in(1)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any;and,(4)awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding(requires prior written authorization by the City to proceed) § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda;and, .4 organizing and conducting the opening of the bids,and subsequently documenting and distributing the bidding results,as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions,upon the Owner's written authorization,the Architect shall, as an Additional Service,consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.6 Constriction Phase Services(requires prior written authorization by the City to proceed) § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201Tm-2017,General Conditions of the Contract for Construction.If the Owner and Contractor modify MA Document A201-2017,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make InR AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects."Amencan Institute of Architects,'"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16.11 40 8 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docmfo@aiacontracts.com. User Notes: (1248413295) exhaustive or continuous on-site observations or any inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents, (2)known deviations from the most recent construction schedule submitted by the Contractor,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect will consult with the Owner concerning whether to reject Work that does not conform to the Contract Documents that comes to the attention of the Architect.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the 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 exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and recommendations 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 recommendations,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or recommendations rendered in good faith.The Architect and Qwner will review matters relating to aesthetic effect and the Owner will make any final decisions on these matters with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated as reviewed against the agreed upon schedule of values,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site observations or any inspections to check the quality or quantity of the Work,(2) reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers 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. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. Init. AIA Document B101—2017 Copyright®1974,1978,1987,1997,2007 and 2017 All nghts reserved "The Amencan Institute of Architects,"Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16'11.40 9 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1248413295) § 3.6.4.2 The Architect shall review and take other appropriate action upon,the 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.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute review of or approval of safety precautions or construction means,methods,techniques,sequences or procedures.The Architect's review of a specific item shall not indicate review of or approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time,subject to approval by the Owner.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct field reviews to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Contractor;and, .4 issue a final Certificate for Payment based upon a fmal inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's field reviews shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum,if any,for final completion or correction of the Work. Init. AIA Document 8101—2017 Copynght®1974,1978,1987,1997,2007 and 2017 All rights reserved "The American Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16.11.40 ll ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo(gaiacontracts.com. User Notes: (1248413295) § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental 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.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) Architect,included with Predesign,see 4.1.1.31 § 4.1.1.1 Programming below § 4.1.1.2 Multiple preliminary designs Not provided § 4.1.1.3 Measured drawings Not provided § 4.1.1.4 Existing facilities surveys Not provided § 4.1.1.5 Site survey Architect § 4.1.1.6 Building Information Model management Not provided responsibilities § 4.1.1.7 Development of Building Information Models for Not provided post construction use § 4.1.1.8 Civil engineering Architect § 4.1.1.9 Landscape design Architect § 4.1.1.10 Architectural interior design Architect(basic services) § 4.1.1.11 Value analysis Not provided § 4.1.1.12 Detailed cost estimating beyond that required Architect in Section 6.3 § 4.1.1.13 On-site project representation Not provided § 4.1.1.14 Conformed documents for construction Architect(basic services) § 4.1.1.15 As-designed record drawings Not provided,may be included as an additional service § 4.1.1.16 As-constructed record drawings Not provided,may be included as an additional service § 4.1.1.17 Post-occupancy evaluation Not provided § 4.1.1.18 Facility support services Not provided § 4.1.1.19 Tenant-related services Not provided § 4.1.1.20 Architect's coordination of the Owner's NA,Not provided consultants § 4.1.1.21 Telecommunications/data design Architect(basic services) Init. AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16.11.40 11 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copynght violations,e-mail docinfo@aiacontracts com User Notes: (1248413295) Supplemental Services Responsibility (Architect, Owner,or not provided) § 4.1.1.22 Audio-visual,paging,clock,access control, Architect(basic services for system rough-in only) intrusion detection,video surveillance and specialty pool systems.Telecommunications active equipment not included. (Row deleted) § 4.1.1.23 Commissioning Not provided § 4.1.1.24 Sustainable Project Services pursuant to Section NA,Not provided 4.1.3 § 4.1.1.25 Fast-track design services NA,Not provided § 4.1.1.26 Multiple bid packages Not provided § 4.1.1.27 Historic preservation NA,Not provided § 4.1.1.28 Furniture,furnishings,and equipment design Not provided § 4.1.1.29 Aquatic design consultant Architect (Row deleted) § 4.1.1.30 MACC increase/bid alternates Architect,only with Owner authorization (Row deleted) § 4.1.1.31 Predesign Architect § 4.1.1.32 Geotechnical investigation Architect § 4.1.1.33 Certified Payroll Architect § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) As described in this Agreement and Exhibit B. § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) As described in this Agreement.. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E204T"_2017,Sustainable Projects Exhibit,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services(see also SECTION 2.2 of the prime Agreement for Professional Services) The Architect may provide Additional Services 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 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 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 Additional Services until the Architect receives the Owner's written authorization: AIA Document B101—2017 Copyright©1974,1978,1987,1997,2007 and 2017 All nghts reserved "The Amencan Institute of Architects,""Amencan Institute of Init. Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16.11.40 12 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copynght violations,e-mail docinfo@aiacontracts.com. User Notes: (1248413295) .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 size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .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 models or other design documentation 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 entities providing bids or 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. § 4.2.2 To avoid delay in the Construction Phase,the Architect shall offer the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If,the Additional Services offered are approved by the Owner,the Owner shall give prompt written notice to the Architect of the Owner's determination.The Owner shall compensate the Architect for the services provided per Article 11. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker;or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: .1 Two(2)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Contractor. .2 Refer to Exhibit B for number of visits to the site by the Architect and Consultants. .3 One ( 1 )field reviews for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents(one punchlist review). .4 One ( 1 )field reviews for any portion of the Work to determine final completion(one punchlist backcheck review). § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. Init. AIA Document B101—2017 Copynght®1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16.11.40 13 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docmfo@aiacontracts.com. User Notes: (1248413295) § 4.2.5 If the services covered by this Agreement have not been completed within twenty-four (24 )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(see also SECTION 4 of the prime Agreement for Professional Services) § 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. § 5.2 The Owner shall establish 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. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.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 provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.5 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 as the responsibility of the Architect 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 and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.6 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. § 5.7 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. § 5.8 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. § 5.9 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect. § 5.10 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the General Conditions of the Contract for Construction. § 5.11 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.12 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. Init. AIA Document B101—2017 Copyright©1974,1978,1987,1997,2007 and 2017 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16 11-40 14 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1248413295) (Paragraphs deleted) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work 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 also includes the reasonable value of labor,materials,and equipment, donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the costs of the land,rights-of-way,financing,sales tax or 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 shall be adjusted throughout the Project as required under Sections 5.2,6.4 and 6.5.The Architect's evaluations of the Owner's budget for the Cost of the Work,and 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 best 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 recommend reasonable adjustments in the program and scope of the Project;and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget.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 requires a detailed estimate of the Cost of the Work,the Architect shall provide such an estimate,if identified as the Architect's responsibility in Section 4.1.1,as a Supplemental Service. § 6.4 If,through no fault of the Architect,the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality,or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work(including the$1,200,000 allowance for an increase in the MACC)at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services,or the budget as adjusted under Section 6.6.1.If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate,the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3;otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation.In any event,the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. Init. AIA Document B101—2017 Copyright®1974,1978,1987,1997,2007 and 2017 All nghts reserved. The Amencan Institute of Architects,""Amencan Institute of Architects,'"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16.11.40 15 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1248413295) ARTICLE 7 COPYRIGHTS AND LICENSES(see also SECTION 9 of the prime Agreement for Professional Services) § 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. § 7.2 The Architect and the Architect's consultants shall be deemed the authors 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 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 under this Agreement,including prompt payment of all sums due pursuant to Article 9 and Article 11.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 suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,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 for any purpose following final completion of construction of the Project or following a termination of this Agreement when the Architect is not in default,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 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 prior 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. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES(see also SECTION 19 of the prime Agreement for Professional Services) § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents,and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in MA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the contractors,consultants, agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein. (Paragraph deleted) Init. AIA Document B101—2017 Copyright©1974,1978,1987,1997,2007 and 2017 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16.11 40 16 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1248413295) § 8.2 Mediation § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. § 8.3 The provisions of this Article 8 shall survive the termination of this Agreement. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION(see SECTION 17 and 18 of the prime Agreement for Professional Services) (Paragraphs deleted) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal 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 Init. AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16 11 40 17 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copynght violations,e-mail docinfo@aiacontracts.com User Notes: (1248413295) if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If 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 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.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum and Hourly Services (Insert amount) (Paragraphs deleted) See Exhibit B,Architect/Engineering Fees—Basic and Supplemental Services,dated January 3,2023. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: Init. AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16 11.40 .18 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1248413295) (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) See Exhibit B,Architect/Engineering Fees—Basic and Supplemental Services,dated January 3,2023. § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Compensation may be a stipulated sum,on an hourly basis or any fair and reasonable compensation mutually agreeable to the Owner and Architect. § 11.4 Compensation for Supplemental and 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%),or as follows: (Insert amount of or basis for computing,Architect's consultants'compensation for Supplemental or Additional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase eighteen percent ( 18 %) Design Development Phase twenty percent ( 20 %) Construction Documents thirty-one percent ( 31 %) Phase Procurement Phase two percent ( 2 %) Construction Phase twenty-seven percent ( 27 %) Project Closeout Phase Two 2 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis 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 performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants 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.) Hourly rates for the Architect are indicated on Exhibit C.Hourly rates for the Architect's consultants will be provided upon request. § 11.8 Compensation for Reimbursable Expenses(see also SECTION 6.1 of the prime Agreement for Professional Services) § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: AIA Document B101—2017 Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects,""American Institute of Init. Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects This document was produced at 16 11 40 19 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1248413295) .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 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and 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,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner,and with the Owner's prior written approval,the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective;and, .12 Other similar Project-related expenditures. § 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.Refer to Exhibit B for an estimate of Reimbursable Expenses. § 11.9 Architect's Insurance.If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5,and for which the Owner shall reimburse the Architect.) § 11.10 Payments to the Architect(see SECTION 6 of the prime Agreement for Professional Services) (Paragraphs deleted) ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) None ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 The prime Agreement between the City of Yakima,WA and NAC Architecture plus this Agreement which is Exhibit A 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 the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 The prime Agreement between the City of Yakima,WA and NAC Architecture, .2 Exhibit A-AIA Document B101T"_2017,Standard Form Agreement Between Owner and Architect (Paragraphs deleted) .3 Exhibits: Exhibit B—Architect/Engineering Fees—Basic and Supplemental Services,dated January 3,2023 Exhibit C-NAC Architecture Current Compensation Rates Exhibit D-Federal Clauses Init. AIA Document 8101—2017 Copyright©1974,1978,1987,1997,2007 and 2017 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16 11 40 20 ET on 02/23/2024 under Order No 3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1248413295) (Paragraphs deleted) Refer to the prime Agreement between the City of Yakima,WA and NAC Architecture for signatures. (Table deleted) Init. AIA Document B101—2017.Copynght©1974,1978,1987,1997,2007 and 2017.All nghts reserved."The Amencan Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The Amencan Institute of Architects.This document was produced at 16.11.40 21 ET on 02/23/2024 under Order No.3104239382 which expires on 10/10/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1248413295) City of Yakima N AC MLK Jr. Community Park Pool Design EXHIBIT B-Architect/Engineering Fees- Basic and Supplemental Services ARC HI TEC TURF 2/1/2024 Revised to authorize services shown in RED 1 A/E Fees- Basic Services Per Washington State A/E Fee Schedule (effective July 2015) MACC(not including sales tax) x Schedule B% 9,250,000 8.12% 751,100 (includes architectural, interior design, structural, mechanical, electrical- low voltage audio-visual, paging, clock, access control, intrusion detection,video surveillance and specialty pool systems rough-in only) la A/E Fees-Basic Services(SD, DD,CD) 69% 518,259 lb A/E Fees-Basic Services(Bidding,CA,Closeout) 31% 232,841 Subtotal Basic Services Fee-Stipulated Sum 518,259 232,841 2 Supplemental Services-Engineers and Specialty Consultants 4.1.1.8 Civil Engineering Allowance (SD, DD, CD) (Parametrix) 49,000 1.10 53,900 (Bidding, CA, Closeout) 21,000 1.10 23,100 4.1.1.9 Landscape Architect (SD, DD, CD) (MTLA) 9,072 1.10 9,979 (Bidding, CA, Closeout) 3,620 1.10 3,982 4.1.1.29 Aquatic Consultant(SD, DD, CD) (Water Technology) 104,304 1.10 114,734 (Bidding, CA, Closeout) 12,720 1.10 13,992 Subtotal Engineers and Specialty Consultants Fee-Stipulated Sum 178,614 41,074 3 Supplemental Services-A/E Fees for Budget Increase or Bid Alternates Optional additional fee allowance included only if the original MACC is increased or if bid alternates are added above the original MACC($1.2 is budget estimate for adding phase 2 pool). MACC(not including sales tax) x Schedule B% (above) 1,200,000 8.12% 67,234 30,206 Aquatic Consultant(SD, DD, CD) (Water Technology) 53,464 1.10 58,810 (Bidding, CA, Closeout) 6,520 1.10 7,172 4.1.1.30 Subtotal Budget Increase Fee- Stipulated Sum Allowance(if authorized in writing) 126,044 37,378 4 Supplemental Services- Predesign (confirm program and budget) Support and attend (1) communty engagement event Support and attend (1) City Council/Park Commission presentation (presentations in other phases are included in Basic Services) 4.1.1.1 Confirm program for aquatics and poolhouse Develop concepts (3 max)with renderings Construction cost budget for concept options (3 max) Architect 29,450 1.00 29,450 Aquatic Consultant 15,392 1.10 16,931 Cost Estimating(MACC Estimating Group) 1,500 1.10 1,650 4.1.1.31 Subtotal Predesign Estimated Time at Specific Hourly Rates 48,031 5 Supplemental Services- Miscellaneous 4.1.1.12 Cost Estimating(MACC Estimating Group) 24,000 1.10 26,400 4.1.1.5 Survey Allowance (Parametrix)-entire park 15,350 1.10 16,885 Topo, Boundary, Utilities (north park only$11,600) 4.1.1.32 Geotechnical Investigation Allowance (GN Northern) 22,000 1.10 24,200 4.1.1.33 Certified Payroll (Parametrix)-during construction 30,000 1.10 33,000 Subtotal Misc Supplemental Services Fee-Stipulated Sum 67,485 Subtotal Supplemental Services(items 2,4,&5) 294,130 Total A/E Fees- Basic Services and Supplemental Services thru CD's(items 1,2,4,&5) 812,389 Total A/E Fees-Basic Services and Supplemental Services(Bidding,CA,Closeout-items 1&2) 306,915 Total A/E Fees-Basic Services and Supplemental Services thru Closeout(items 1,2,4,&5) 1,119,304 6 Estimated Direct Non-Salary(Reimbursable) Expenses(not included in A/E fees above) NAC estimated reimbursables Mileage (minus first and last 50 miles) 300 0.625 188 Meals (for Brooke and Keith) 2 20 40 10% mark-up 228 10% 23 Expenses per trip 250 Assume 30 trips (from Predesign thru closeout) 250 30 7,508 Contingency 192 Travel time 12,800 20,500 Civil Engineer estimated reimbursables 6 trips to Yakima (3 trips design, 3 trips construction) 1,500 1.10 1,650 Landscape Architect estimated reimbursables 5 trips to Yakima (2 trips design, 3 trips construction) 965 1.10 1,062 Water Technology Inc. estimated reimbursables 6 trips to Yakima ($6500-$7300) 7,300 1.10 8,030 Additional trips-$2400 each Estimated reimbursables for structural, mechanical and electrical Number of trips to be determined 10,000 1.10 11,000 Plans advertising, printing and distribution 1 8,000 8,000 11.8.1 Total Estimated Reimbursables 50,241 Total All Potential A/E Fees plus Reimbursables 50,241 / \.,\ 1(71 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.1. For Meeting of: March 19, 2024 ITEM TITLE: Resolution authorizing professional services agreement Supplemental 1 with NAC Architecture for MLK Jr. Park Eastside Pool Project 2745 SUBMITTED BY: Scott Schafer, Director of Public Works Bill Preston, City Engineer *Ken Wilkinson, Parks and Recreation Manager SUMMARY EXPLANATION: The City of Yakima (City)approved an Agreement with NAC Architecture (R-2023-010) on the Aquatic Pool Design for the MLK Jr Park Eastside Pool Project 2745. The City recommends entering into Supplemental Agreement 1 with NAC Architecture for Project Management Services. The Supplemental Agreement is in the amount not to exceed $306,915 and will be paid with REET funding. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 3,4/2024 Resolution ❑ Consultant Agreement 3;4 2024 Contract O Exhibit A 3/412024 Exhibit O Exhibit B 3/4/2024 Exhibit