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HomeMy WebLinkAbout5.258 Original Contract5, a.58' 3, f ?ORT q tP J 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 S Q PHONE (206) 457 -0411 'PA 5 April 12, 1991 Mr. David J. Rutherford ARC Architects 1201 East Howell Seattle, WA 98122 Re: Architectural Agreement for New Senior Center Port Angeles, Washington Dear Mr. Rutherford: Enclosed for your file is a fully executed copy of the architectural agreement between the City of Port Angeles and ARC Architects. If I can be of any further assistance, please feel free to contact me. Sincerely yours, e)0 Becky J. City Clerk Enclosure CITY OF PORT ANGELES •T 1' Es AM ER I 0 AN 1T AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Architect: (Name and address) 21st Ninety Two The Owner and Architect agree as set forth below. AIA DOCUMENT B141 OWNER- ARCHITECT AGREEMENT FOURTEENTH EDITION AIA ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 I N S T I T U T E O F A R C H 1 T B C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. City of Port Angeles 321 East 5th Street P.O. Box 1150 Port Angeles, WA 98362 ARC Architects 1201 East Howell Seattle, WA 98122 day of April in the year of For the following Project: (Include detailed description of Project, location, address and scope.) Construction of a Senior Services /Community Complex at 7th and Peabody, Port Angeles, Washington. Based on the facility program of September 1991 and an estimated construction bucket of $1,940,956. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 01987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. B141 -1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBIUTIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- uously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project p. __.is, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Own shall not, except for reasonable cause, be exceeded by the Architect or Owner. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineenng services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions sct forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, AIA DOCUMENT 8141 OWNER ARCHITECT AGREEMENT FOURTEENTH EDTrON AIA• 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments In the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements Tor the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms. the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. B141 -1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until fugal payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period descnbed in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in wasting to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragrapb 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall 21 all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment. that the Work has progressed to the point indicated and that. to the best of the Architect's knowledge, information and belief. quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluauon of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tne or continuous on -site inspections to check the quality or 3 B141 quantity of the Work, (2) reviewed constriction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architea will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to 2 duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals Is not con- ducted for the purpose of determining the accuracy and com- pleteness of ocher details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction mans, methods. techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials. systems or equipment is required by the Contract Documents. the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the .Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DOCUMENT 8141 OWNER ARCHITECT AGREEMENT FOURTEENTH EDtfl N AIA• 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either thc Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement. in addition to the compensation for Basic Services. The services descnbed under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services descnbed under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to thc Architect. If the Owner indicates in wrung that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. AIA DOCUMENT 6141 OWNER-ARCHITECT AGREEMENT FOURTEENTH EDITION AIM' ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3.3 CONTINGENT ADDITIONAL SERVICES 3.2.3 Through the obscrvauons by such Project Represen- tatives, the Archtteci shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a runty manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing. arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate. separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of thc Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. B141.1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having junsdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connecuon with the selection, procurement or installauon of furniture. furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations. inventories of materials or equip- ment, or valuauons and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up punts, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as tesung, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment. or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineenng por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 5 B141-1987 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys descnbing physical characteristics, legal limitations and uulity locations for the site of the Project, and a written legal description of the site. The surveys and legal informauon shall include, as applicable, grades and lints of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall fumish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings. test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous matenals, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at Ie st 14 days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT B141 OWNER ARCHITECT AGREEMENT FOURTEENTH EDITION A1■• 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 5.1 DEFINITION ARTICLE 5 CONSTRUCTION COST 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingences shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, nghtsof -way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid pnces, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluauon prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in wnting and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase i n such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; ALA DOCUMENT 8141 OWNER ARCHITECT AGREEMENT FOURTEENTH EDITION AIA• 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION Claims, disputes or other matters in question between t p to this Agreement arising out of or relating to this ce- ment each thereof shall be subject to and dead y arbi- tration in rdance with the Construction Ind Arbitra- non Rules o American Arbitration fucrentiy m effect unless the ies mutually agree of ise 7.2 Demand for arbit on shall .ed in writing with the other party to this Agr ••t ith the American Arbitra- non Association. A demand itration shall be made within 2 reasonable tizne after t�l° puce or other matter in question has arisen. In event shal demand for arbitration be made after the e when institutio f legal or equitable p........ ings b on such claim, disput other matter in question w• barred by the applicable sta of limitations. 7.3 N. itration arising out of or relating to this ent sh dude, by consolidation, joinder or in any other er, additional person or entity not a party to this Agreem B141 -1987 6 cept by wntten consent containing a specific reference th cement signed by the Owner, Architect, and an person enuty sought to be joined. Consent to involving dditional person or entity shal consent to arb on of any claim, dispu question not desc in the wntten or enuty not named or 'bed ment to arbitrate and oth additional person or ent this Agreement s specifi with applicable in any court er tration t constitute r other matter in nt or with a person rein. The foregoing agree- cements to arbitrate with an nsented to by the parries to forceable in accordance hav risdiction thereof. 7.4 Th rendered by the arbitrator or d judgment may be entered upon it in ac liccable law in any court having jurisdiction ther tutors shall be ce with ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either par upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the intemip- uon and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not Tess than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days. the Architect may terminate this Agreement by giving wriaen notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' wntten notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice. the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liabilit to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect. the Architect shall be compensated for services performed pnor to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and Include expenses which are directly attnbutable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis. or Schematic Design Phases; or 7 B141-1987 .2 Ten percent of the total compensation for Basic and Additional Services earned to date if tenninauon occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termrnaton occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the a..I,w., Owner 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of Iimitauons shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substanual Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the enure and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either wnt- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create 2 contrac- tual relationship with or a cause of action in favor of a third parry against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products. polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 OWNER ARCHITECT AGREEMENT FOURTEENTH EDITION AIA ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 c information considered by the Owner t e Ow professional sign and in the pro- dental ro- dental or pr credit for the terials for the Project. nefits. ARTICLE 10 PAYMENTS TO THE ARCHITECT irect Personnel Expense is defined as the tect's personnel engaged on lea and customary con uch as employment employee bene ce, sick vacations, pensions and similar contn salaries o the portion of the tnbutions and benefits re taxes and other leave, 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out -of -town travel; Long- distance communications; and fees paid for secur- ing approval of authonties having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock -ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carricd by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. ARTICLE 11 BASIS OF COMPENSATION 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or mended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of 0 Dollars (f 0 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services. Basic Compensation shall be computed as follows: (Insert bast of compensation, including stipulated suns, multiples or percentages, and identify pbases to wbicb particular meib 4s of cv mpctisauun apply. If Owner shall pay Architect the lesser amount of either 9% of Construction Cost or the amount set forth in subparagraph 11.2.2. AIA DOCUMENT 8141 OWNER ARCHITECT AGREEMENT FOURTEENTH EDmON AIA• 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate) Schematic Design Phase Design Development Phase Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase. Total Basic Compensation: 19,442 28,352 91,134 6,376.04 29,382 174,686.04 percent 11 x.13 percent( 16.23%) percent 52;0.7% percent( 3 65%) percent 16.82%) one hundred percent (100 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: Owner shall pay Architect a fixed fee of $23,800 for consultant services, including civil, landscape, interiors, kitchen, accoustical and cost estimation. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representauon, as descnbed in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows: (insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and Identify Principals and classify employees, if required Identify specific services to which particular methods of compensation apply, if necessary) Negotiated based on an hourly task analysis using direct labor expense and a 3.11 multiplier on direct labor expense. Architect will not we a a without written approval of the owner. '(own opievp 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3 4.19 or identified in Article 12 as part of Addiuonal Services, a multiple of 1. 1) times the amounts billed to the Architect for such services. (Iderdifr specific types of consultants in Article 12, if required 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of 1. 1 times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. An allowance for reimbursable expenses 11.5 ADDITIONAL PROVISIONS shall not exceed $3,550.0 0 11.5.1 IF -THE BASIC SERVICES covered by this Agreement have not been completed within twenty four 2 -4 months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty 30) days from the date of the Architect's invoice. Amounts unpaid sixty 6 0 days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending AC, similar state and total consumer credit laus and other regulations at the Owner's and Archi- tect's principal places of business, the location of the Project and eiseuhere may affect the validity of this provision Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waiters AIA DOCUMENT 8141 OWNER-ARCHITECT AGREEMENT FOURTEENTH EDITION AIA° @1987 9 8141 -1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEV YORK AVENUE, N.W., WASHINGTON, D.C. 20006 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. OWNER Get k) James D. Hallett, Mayor City of Port Angeles (Printed name and tote) ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services inducted within Basic Compensation and modifications to the payment and compensation terns included in ibis Agreement.) Paragraphs 12.1 through 12.17 are set forth in the attached Exhibit A, which is hereby incorporated herein by this reference. This Agreement entered into as of the day and year first written above. ARCHITECT (Signature) (Printed name and tide) MA DOCUMENT 8141 OWNER ARCHITECT AGREEMENT FOURTEENTH EDITION AIA 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N._ WASHINGTON, D.C. 20006 B141.1987 10 EXHIBIT A 12.1 It is understood that this contract is funded in part with CDBG funds through the Washington State Community Development Block Grant Program as administered by DCD and is subject to those regulations and restrictions normally associated with federally- funded programs and any other requirements that the state may prescribe. 12.2 Architect shall perform the services hereunder in compli- ance with applicable codes, regulations, and laws and the requirements of the serving utilities. The services shall conform to the highest professional standards. 12.3 Architect shall indemnify, defend and hold harmless the City and its officials, employees and agents from and against all claims, suits and liability of any kind, including injuries to persons, damages to property and defense costs, which are due to any acts, errors or omissions, if negligent or intentional, of Architect or Architect's officers, employees, agents and subcontractors in performing services hereunder. 12.4 In lieu of Article 7, claims, disputes or other matters in question between the parties arising out of or related to this Agreement or a breach thereof shall be subject to legal process as provided by the applicable laws and court rules of the State of Washington. Jurisdiction and venue of any litigation arising hereunder shall be exclusively in Clallam County, Washington. The parties may otherwise mutually agree to arbitration of claims or disputes in accordance with mutually acceptable procedures. 12.5 The Owner may, from time to time, require changes or modi- fications in the Scope of Work to be performed hereunder. Such changes, including any decrease or increase in the amount of compensation therefore, which are mutually agreed upon by the Owner and the Architect shall be incorporated in written amendments to this contract., 12.6 The Architect represents that Architect has, or will secure at Architect's own expense, all personnel required in order to perform under this contract. Such personnel shall not be employees of, or have any contractual relationship to the Owner. All services required hereunder will be performed by the Architect or under the Architect's supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. 1 None of the work or services covered by this contract shall be subcontracted without prior written approval of the Owner. Any work or services subcontracted hereunder shall be specified in written contract or agreement and shall be subject to each provision of this contract. 12.7 The Architect shall not assign any interest on this contract, and shall not transfer any interest on this contract (whether by assignment or novation), without prior written consent of the Owner thereto; provided, however, that claims for money by the Architect from the Owner under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the Owner by the Architect. 12.8 The Architect, at such times and in such forms as the Owner may require, shall furnish the Owner such periodic reports as it may request pertaining to the work or services under- taken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 12.9 No report, maps, or other documents produced in whole or in part under this contract shall be the subject of an appli- cation for copyright by or on beha q Architect. 12.10 The Architect shall comply with applicable laws, ordinances, and codes of the s to and local government and the Architect shall save the O er harmless with respect to any damages which the Owner required to pay by court of law arising from any tort done by the Architect in performing any of the work embraced by this contract. 12.11 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 12.12 No person in the United States shall on the grounds of race, color, creed, religion, sex, or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 12.13 A. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible 2 opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR 135, and all applicable rules and orders of HUD and DCD issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these provisions. C. The Architect will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Architect will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The Architect will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontractor, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and DCD issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its consultants and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 12.14 No member of the governing body of the Owner and no other officer, employee, or agent of the Owner who exercises any 3 functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this contract; and the Architect shall also take appropriate steps to assure compliance. 12.15 No member of the governing body of the Owner and no other public official of the Owner who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this contract; and the Architect shall take appropriate steps to assure compliance. 12.16 The Architect covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Architect further covenants that in the performance of this contract, no person having such interest shall be employed. 12.17 The Owner, DCD, the State Auditor, and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDBG project and this contract, by whatever legal and reasonable means are deemed expedient by the Owner, DCD, the State Auditor, and HUD. AIA EXA 0 ?ORT q 4 IPIONall■ Fch if y m t s w s April 3, 1991 ARC Architects 1201 East Howell Seattle, WA 98122 Re: Architectural Agreement for New Senior Center Port Angeles, Washington Gentlemen: At its meeting of April 2, 1991, the Port Angeles City Council approved and authorized the Mayor to sign the attached architectural agreement between the City of Port Angeles and ARC Architects. Please sign and return the agreement to this office at your earliest convenience. Once the agreement has been signed by the Mayor, I will return a copy to your office for your file. The City of Port Angeles looks forward to the working relationship to be established by this agreement in planning and designing a Senior Center facility. Sincerely yours, Becky J. Upton City Clerk Attachment CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 ARCHITECTURAL AGREEMENT NEW SENIOR CENTER PORT ANGELES, WASHINGTON This Agreement for Architectural Services is entered into this 2nd day of April 1991, between the City of Port Angeles, hereinafter referred to as the "City and ARC Architects, hereinafter referred to as the "Architect In consideration of the mutual covenants, promises, and agreements set forth herein, the City and the Architect hereby agree as follows: 1. The Architect will provide needs assessment, grant application, and bond issue assistance, and conceptual design services for the following project: A. Project Title: Port Angeles Senior Center B. Project Location: Port Angeles, Washington C. Background and Project Description: (1) The Port Angeles City Council has approved the concept of designing and constructing a new Senior Center. In order to build a Senior Center facility that will meet the needs of the community, the Council also authorized the solicitation of proposals from qualified architectural /engineering firms for design of the facility. To this end, the architectural /engineering team of ARC Architects was selected by the City Council. The issue of a new Senior Center has been discussed and considered for a number of years, but over the last year that discussion has culminated in the City Council's decision -1- and shall conform to the highest professional standards. E. Furnish conceptual drawings for review required by the City. 4. The City reserves the right to make changes in the work within the general scope of the Contract at any time during the progress of the work. Changes that result in a material increase in the cost of the work shall be agreed upon by the parties. 5. The City shall provide information regarding requirements for the Project and shall cooperate in the Team Strategy set forth in Exhibit "A 6. The City shall make payments on account of the Architect's services upon presentation of the Architect's invoices describing the services rendered, conditioned upon the City's approval of such services. Compensation shall be on an hourly basis, together with miscellaneous /travel and contingency expenses, at the amount 7. of the 8. rates identified in of $17,966. Time is of the essence in the performance and completion services required under this Contract. The City may by written notice to Architect Exhibit this Contract in whole or in part at any time, either for the City's convenience or for the default of Architect. Upon such termination, all data, plans, specifications, reports, estimates, summaries, completed work and work in progress, and such other information and materials as may have been accumulated by Architect in performing this Contract shall, in the manner and to the extent -3- "B", not to exceed the total terminate determined by the City, become the property of and be delivered to the City. 9. Architect shall carry and maintain during the performance of services under this Contract, Worker's Compensation and Employer's Liability Insurance covering Architect employees in accordance with statutory requirements at the location of work and such other insurance coverage normally carried by Architect insuring against injury, loss or damage to persons and property caused by Architect's activities including, but not limited to, professional liability insurance insuring against liability arising from errors or omissions or negligence of Architect in the performance of the work under this Contract, including liability assumed under this Contract. The City is not maintaining any insurance on behalf of Architect covering loss or damage to the work or to any other property of Architect. 10. Architect shall indemnify, defend and hold harmless the City and its officials, employees and agents, from and against all claims, suits, and liability of any kind, including injuries to persons or damages to property and defense costs, which are due to any acts, errors, or omissions, if negligent or intentional, of Architect or Architect's officers, employees, agents and subcontractors in performing services under this Contract. 11. This Contract shall be administered and interpreted under the laws of the State of Washington. Jurisdiction and venue of any litigation arising from this Contract shall be exclusively in Clallam County, Washington. -4- This Agreement is entered into as of the day and year first written above and is hereby authorized representatives of the parties. CITY OF PORT ANGELES 321 East Fifth Street P. O. Box 1150 Port Angeles, Washington 98362 BY: Joan K. Sargent, Mayor Printed Name and Title executed by the following duly ARC ARCHITECTS 1201 East Howell Seattle, Washington 98122 BY: )460 Printed N me and Title PORT ANGELES SENIOR CENTER ARC SCOPE OF WORK AND TEAM STRATEGY EXHIBIT "A" The following is a description of the Architect's Scope of Work and the parties' Team Strategy for needs assessment and bond issue services for a new Port Angeles Senior Center. SCOPE OF WORK The Architect will establish a Design Team, as specifically delineated in the Compensation Worksheet attached hereto as Exhibit "B to perform the following tasks: 1. Assist in development of Community Development Block Grant application for new Senior Center. 2. Assist the City's Steering Committee in developing: a. Senior Center bond issue strategy for conducting a bond election in November, 1991; b. Senior Center conceptual budget; c. Workshop formats. 3. Assist Steering Committee in setting up and conducting workshops on initial needs assessment for a Senior Center and related options. 4. Develop an area analysis, site evaluation, preliminary budget, and draft building needs program and present to Steering Committee and public for comment and adjustment. 5. Assist bond campaign effort through developing graphics and other visual aids and making presentations at various community forums, as defined in Exhibit "B 6. Develop a final report which will include a facility program, budget, site drawings, and conceptual design drawings. PROJECT SETUP Steerina Committee A Steering Committee will be set up to oversee the entire project and provide guidance and support. Members of the Committee will be considered from: to pursue funding of such a facility through a Community Development Block Grant application and a bond issue to be presented to the electorate at the November, 1991, election. (2) This phase of the Architect's services will generally consist of needs assessment, grant application, and bond issue assistance, and conceptual design services for a new Senior Center. 2. The Scope of Work for the Architect's services is set forth in detail in the attached Exhibits and "B which are hereby incorporated herein by this reference. A. Exhibit "A" Scope of Work and Team Strategy B. Exhibit "B" Compensation Worksheet 3. Architect shall perform the services in accordance with the following: A. Maintain professional registration in the State of Washington for the duration of the Contract. B. Consult with City to ascertain the City's requirements. C. Examine the City's existing facilities and attend meetings related to architectural development of the City's requirements for the Project. D. Render design services in compliance with all applicable codes and regulations and the requirements of serving utilities in effect at the time of the rendering of the services. The services shall be accomplished by registered professional architects and engineers, licensed with the State of Washington, -2- The Senior Center, including the Director, as well as Board members. The initial task of the Steering Committee will be to establish user groups which can provide input into the needs of the new facility. These user groups might include: Seniors, both in the Senior Center and out; Parks Department; Rotary, Kiwanis, and other public service groups; Social service agencies; Church groups; Key support people identified by the Steering Committee; Key opposition people identified by the Steering Committee; Neighborhood and community people impacted by the project. Bond Issue Stratecrv, Part of the responsibility of the Steering Committee is to initiate the Bond Issue Process. It is important to start this effort at the initial phases in order to generate momentum for the bond. The initial planning steps will include establishing the bonding capacity of the project. Issues such as current debt load of the City, current assessed values of the property, and how much additional assessment will be tolerated, as well as identifying other potential fund sources such as block grant are all elements that must be considered in mounting the bond effort. In addition, an investigation into how other communities have done similar projects will provide guidance and structure to the overall effort. The Steering Committee should also establish a Bond Campaign Manager early in the process to begin to organize the overall bond effort. Design Team Preparations While the Steering Committee is setting up meetings, the Architect's Design Team will develop formats for the workshops and an analysis of the site(s), in terms of issues and opportunities, and will work with the Steering Committee to establish ground rules for a conceptual budget. WORKSHOP SERIES #1 The City of Port Angeles, including the Director of Parks Recreation, and a representative of the Department of Administrative Services with knowledge of the bonding process. The Architect's Design Team will come to Port Angeles for a series of workshops with each group for a concentrated immersion into the initial needs assessment. The format for these workshops might be small round -table discussions that report back to the focus group as a whole for discussion of the specific issues addressed by the smaller groups. This workshop format might take place over 2 to 3 days where meetings would occur and the Design Team will then synthesize information and come back to the workshops. At the end of Workshop Series #1, the Design Team will make a summary report of preliminary findings to the Steering Committee and the City to review the process and confirm initial directions. At that time, the Design Team will confirm a time for Workshop Series #2. Bond Issue Effort During the time that Workshop Series #1 is underway, the Design Team will also work with the Bond Campaign Manager in establishing an overall budget for the campaign, and will assist in strategizing the implementation of the plan. This will include setting goals and objectives, developing committees and subcommittees, and establishing a theme which will help sell the bonds. EVALUATION The Design Team will then evaluate the information developed during the Workshop Series #1 process, analyzing materials in terms of potential opportunities and conflicts. Out of this will come an initial area analysis which will establish a preliminary square- footage for the building. The Design Team will review the site(s) in terms of the "fit" for the project, addressing overall site size compared to the building size, as well as circulation and parking and code requirements. An initial project budget will then be established that reflects the collective goals of the community. All this information will be prepared for Workshop Series #2. This will include a draft of the building needs program, site "fit" diagrams, and preliminary budget information. WORKSHOP SERIES #2 REALIGNMENT The Design Team will return to Port Angeles for an initial strategy session with the Steering Committee and a second round of workshops. The strategy session will review progress to date and bring the Steering Committee up to speed, with time for course adjustment. At this time, the Workshop committee will be mixed up to encourage discussion focussed around issues that appeared in the analysis of Workshop Series #1 and the subsequent strategy session with the Steering Committee. The purpose of Workshop Series #2 is to get the broadest participation possible to encourage input and develop understanding of the project that will lead to community -wide FINAL REPORT AT. 40 support. After this round of workshops, the Design Team will present its preliminary findings to the Steering Committee for its review and comment before developing the draft of the final report. Bond Issue Effort After the Design Team and Steering Committee have developed the overall strategy and the City has approved it, the Design Team will continue to assist in the bond issue campaign effort on an on -going basis through such activities as making presentations to specific groups, speaking engagements, pep rallies, etc. The Design Team will then prepare the final draft of the report for review and comment by the Steering Committee. This will include: a facility program which identifies the spaces required for the building, as well as relationships to each other; an estimated project budget that includes all expended costs for the project, including contingencies; site diagrams which locate the building on the site and address parking and access; building concept diagrams which delineate the building on a conceptual basis. The Design Team will then make a final presentation to the Steering Committee, as well as a community -wide presentation that summarizes the work to date and ties into the overall timeline for the bond issue. The Design Team will make final adjustments to the report if necessary and provide the report and drawings for use in the bond campaign. Following development of the Final Report, the Design Team will continue to work on the bond campaign through such activities as community presentations, speaking at breakfasts, lunches, dinners, and providing more graphics to help the overall bond effort success. e+Uti 1 Anixtt.t, ocnlurl t.tn QQ PENMTIpN WORKSHEET NEEDS ASSESSMENT SCOPE OF SERVICES ;'ASK 1ESTIMATED HOURS 4 1 RUTFRD 1 BOND PROJECT SETUP 1 1 Negotiation/Define Scope 1 8 1 2 Code Reviewl 0.5 1 3 Materials Prep/Researchl 2 I 2 WORKSHOP NUMBER 1 Meetings/Presentations' Site review1 EVALUATION Area Anaivsis1 Site Evaluation Initial Budget Draft Program NORKSHOP NUMBER 2 Meetinas/Presentationsl =INAE. REPORT Site Organization Diagram' Final Program Documentl Project Budgetl Final Presentation Document Pickups OTAL HOURS RECT HOURLY RATE OF EFFORT =)IRECT SALARY EXPENSE 'OTAL DIRECT SALARY EXPENSE ;ONTINGENCY ROFIT 12 1 16 1 1 1 5' 2 1 1 1 1 1 6 1 6 8 1 6 1 40.5 $75.00 23.5% $3,038 5.00% 0.00% 1 1 2 1 2 1 4 I 60 $60.00 34.8% 1 $3,600 LNDBRG 1 EEK 1 SWIFT 1 1 I 2 I 2 1 1 8 0.5 0.5 1 3 4 2 1 4 24 $60.00 13.9% I $1,440 12 4 1 1 1 1 1 1 1 I 8 1 1 1 6 1 1 1 1 1 1 1 1 1 4 1 2 1 1 1 1 1 1 1 I 11 I 34 $31.00 $65.00 6.4% 25.8% I 8341 1 $2210 Page 2 LGRFO 1REMARKS Site trip,Iayout strategy Zoning parameters 2 Strategy, approach, Equipment 1 3 $35.00 1.7% $105 I $10,734 $537 $0 2 Days on per diem basis Issues /Opportunities w /sites From Workshops Issues opportunities from Workshops Cost/Sq.Ft. basis Reference Northshore sr. ctr document 1 Day on per diem basis Diagram of Building on site Adjustments to draft CosVSq.Ft. basis Full team Final adjustments ::r 8:: :_:'.;:i`: -.:iNi `i f i•� :i's .a �:'i'i ,y. s... s :•i? i�i'% i- i:'•�...:- f,•. S�i -:die .f o-i:1:f�? 1;F .o-5. ..,•:?i >w: i.: :r:k�t•.•y�f:_.4..:•x- ..��c� .�':'1'.�i COMPENSATION WORKSHEET 4OND ISSUE SCOPE OF SERVICES n 'ASK ESTIMATED HOURS RUTFRD 1 BOND PROJECT STRATEGY Planning Strategy /Define Scope 2 1 Initial Steering Committee meeting 6 1 WORKSHOP NUMBER 1 Meetings/Presentations 4 1�ti/4 'PROPOSEP:CQMPEN T FOR! 1 1 1 1 LNDBRG 2 2 1REMARKS EEK SWIFT LGRFO 1 tge 3 2 Layout strategy 6 DJR/MUBS site trip- anatysis,steerinq comm 8 1 BOND MANAGEMENT 1 Continuing efforts 1 1 8 8 From Workshops I WORKSHOP NUMBER 2 I I Meetings/Presentations 2 1 1 4 8 I I ,BOND ISSUE DOCUMENTS I Concept Desian1 4 1 20 4 2 2 2 Concept plan and sketches Final Drawinpsl 1 I 8 1 6 Presentation of Concepts TOTAL HOURS I 20 I 28 1 20 2 8 34 DIRECT HOURLY RATE $75.00 $60.00 $60.00 $31.00 $65.00 $35.00 OF EFFORT 17.9% 25.0% 17.9% 1.8% 8.7% 30.4% DIRECT SALARY EXPENSE 1 $1,500 1 $1,680 1 $1,200 1 $62 $520 $1,190 U3 t5OTAL DIRECT SALARY EXPENSE $6,152 w u PRINT1NG/PHOTOGTAPHY $0 ct MISCELLANEOUS/TRAVEL $225 D OTAL IN -HOUSE EXPENSE $6,377 O in:ONTINGENCY 5.00% $319 (1'ROFIT 0.00% $0 7 .•ISSUE`PR�3 Ems• i±t::.. °tea....... .e• .ila�s ��s� y� �::Y.•. •iris.•...•..:. ^'3 ..•i �7 :7fi :j•p: ?•••e;••;: por!rl 'GELESSENIOR CENTER EXHIBIT B OQOPENSATION WORKSHEEL 3/18,91 PROJECT PARAMETERS aIOURLY RATES RUTHERFORD $75.00 BOND $60.00 UNDBERG $60.00 KETTNER $31.00 SWIFT $65.00 LOGERFO $35.00 DIRECT COSTS PRINTING/PHOTO BY PHASE $0 Workshop materials,printing,xerox TRAVELIMISC BY PHASE $150 Assume 5 trips /Beluga covers lodging FOOD $75 Assume for Whole Team INDIRECT COSTS CONTINGENCY 5.00% PROFIT 0.00° INSURANCE 0.00% ASSUMPTIONS As- builts of exist build available Site surveys on sites under consideration available Two sites under consideration- Uncoin,Peabody Two users under consideration- Seniors,Youth cn F- V 1IEEDS boning on M sites and Adjacent properties oils information on all sites under consideration f ort Angeles Comprehensive Plan Q'ort Angeles Parks and Recreation Plan county Planning Overlays N limatic Data(USCGS) public Transportation Routes o,ocatiions of other community service elements(map of PA) D emographic Information -Pop Groups,Income, "user shed" Page 1