HomeMy WebLinkAbout5.474 Original Contract
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1997 EDITION
AlA DOCUMENT 8141-1997
. of Agreement Between Owner and Arehi teet
orm of Architect's Services
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@1997 AIA@
AlA DOCUMENT 8141-1997
The American Institute
of Architects
1735 New York Avenue. N W
Washington. DC 20006-5292
I
1997 EDITION
AlA DOCUMENT 8141-1997
_Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
A G R E E MEN T made as of the
in the year Nineteen Hundred
(In words, indicate day, month and year)
Eighth
Ninety Eight
day of
July
This document has Important
legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
BE TW E E N the Architect's client identified as the Owner:
(Name, address and other mformatlOn)
TABLE OF ARTICLES
City of Port Angeles
321 E. Fifth Street
Port Angeles, WA 98362
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE
PARTIES
1.3 TERMS AND CONDITIONS
and the Architect:
(Name, address and other mformatlOn)
1.4 SCOPE OF SERVICES AND
ARC Architects
1101 East Pike
Seattle WA 98122
OTHER SPECIAL TERMS
AND CONDITIONS
1.5 COMPENSATION
For the following Project:
(Include detmled deSCrIptIOn of ProJect)
william Shore Pool feasibility study. Work to include analysis
of existing facility and systems, programming new amenities"
concept development, revenue molding, cost estimating, and
presentations to Steering eommittey and City Council.
==
The Owner and Architect agree as follows.
@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
Copynght 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @1997 by The Amencan
Institute of Architects Reproduction of the matenal herein or substantial quotation of Its prOVISions Without wntten
permission of the AlA Violates the copynght laws of the United States and will subject the Violator to legal prosecu-
tion
WARNING: Unlicensed photocopying violates U.S. copynght laws and will subject the violator to legal prosecution.
The Amencan Institute
of Architects
1735 New York Avenue, N W
Washington, D C 20006-5292
I
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the dIspositIon for the followlI1g Items by lI1sertll1g the requested lI1formatlOn or a statement such as "not
appltcable," "unknown at tIme of executIon" or "to be determll1ed later by mutual agreement.")
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(IdentIfy or descnbe, If appropriate, proposed use or goals)
To develop renovation costs for the existing pool facility and develop additional
aquatic amenities and costs for additions to the existing pool facility.
1.1.2.2 The physical parameters are:
(IdentIfy or descrIbe, if appropriate, SIze, locatIOn, dImenSIOns, or other pertinent lI1formatlOn,
such as geotechlllcal reports about the sIte.)
The pool is located at 225 East 5th St. in the city of Port Angeles WA.
The facility is approx. 14,OOOSS.F.
1.1.2.3 The Owner's Program is:
(IdentIfy documentatIOn or state the manner in which the program Will be developed)
To remedy existing deficiencies and work with the Steering Committee to develop
concepts for additional aquatic amenities.
1.1.2.4 The legal parameters are:
(IdentIfy pertment legal mformatlOn, mcludmg, If appropriate, land surveys and legal descnptlOns and
restrictIOns of the site)
Unknown at time of execution.
1.1.2.5 The financial parameters are as follows.
.1 Amount of the Owner's overall budget for the Project, including the Architect's
compensation, IS: To be determined through the Feasibility Study process.
2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's
compensation, is: To be determ,iiied"'1:thl<9ugh~lthe Feasibility Study process.
1.1.2.6 The time parameters are:
(IdentIfy, If appropriate, milestone dates, durations or fast track schedulll1g)
Approximately 12 weeks. Schedule to be determinedbby availability of
steering Committee and pre-scheduled Council Meeting dates.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competItIve bId, negotIated contract, or constructIOn management.)
Negotiated contract.
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1.1.2.8 Other parameters are:
(IdentIfy speCial characteristics or needs of the Project such as energy, envIronmental or hIstOriC preservatIOn
reqUIrements)
Aquatic facility revenue mOlding.
1&>1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
"
The American Institute
of Architects
1735 New York Avenue, N W
Washington, D C 20006-5292
WARNING' Unlicensed photocopymg violates U.S copyright laws and will subject the violator to legal prosecution.
I
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
(LIst name, address and other Information.)
Scott Brodhun
Director of Parks and Recreation
321 East Fith St.
Port Angeles, WA 98362
1.1.3.2 The persons or entities, m addition to the Owner's Designated RepresentatIve, who are
reqUIred to review the ArchItect's submittals to the Owner are:
(LIst name, address and other informatIOn.)
To be determined
1.1.3.3 The Owner's other consultants and contractors are:
(List dISCipline and, If known, Idenllfy them by name and address)
Not Applicable
1.1.3.4 The Architect's Designated Representative is:
(List name, address and other informatIOn.)
Rex Bond, Principal
ARC Architects
1101 East Pike
Seattle WA 98122
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, If known, Idenllfy them by name and address.)
I
Structural Engineer, IL Gross
Mechanical Engineer, URS Greiner
Electrical Engineer, AEI
Aquatics, URS Greiner
Revenue Modeling, Ballard*King & Assoc.
Cost Estimating, Cost Planners
Local Affiliate, Gentry/Hellwig
1.1.4 Other important mitial information is.
Unknown at this time
1.1.5 When the services under this Agreement include contract administration serVIces, the
General Conditions of the Contract for ConstructIOn shall be the edition of AlA Document A20l
current as of the date of this Agreement, or ,,~ folloHT~:
1.1.6 The information contained in this Article l.l may be reasonably relIed upon by the Owner
and Architect in determining the Architect's compensation. Both parties, however, recognize that
such information may change and, in that event, the Owner and the Architect shall negotiate
appropriate adjustments in schedule, compensation and Change in Services in accordance WIth
Paragraph 1.3.3.
WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The Amencan Institute
of Architects
1735 New York Avenue, N.W
Washington, D C 20006-5292
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the ArchItect shall cooperate with one another to fulfill their respectIve
oblIgations under this Agreement. Both parties shall endeavor to mamtam good working
relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full mformation
in a timely manner regardmg requirements for and limItatIOns on the Project. The Owner shall
furnish to the Architect, within 15 days after receipt of a written request, mformation necessary
and relevant for the Architect to evaluate, give notice of or enforce lien nghts.
1.2.2.2 The Owner shall penodically update the budget for the Project, including that portion
allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the
overall budget, the portIOn of the budget allocated for the Cost of the Work, or contingencies
included in the overall budget or a portIOn of the budget, without the agreement of the Architect
to a corresponding change in the Project scope and quality.
1.2.2.3 The Owner's Designated Representative identified m Paragraph 1.1.3 shall be authorized to
act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated
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.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in
Paragraph 1.1.3 or authorize the ArchItect to furnish them as a Change in Services when such
services are requested by the Architect and are reasonably required by the scope of the Project.
1.2.2.5 Unless otherwise provided In this Agreement, the Owner shall furnish tests, inspections
and reports required by law or the Contract Documents, such as structural, mechamcal, and
chemIcal tests, tests for air and water pollution, and tests for hazardous matenals.
1.2.2.6 The Owner shall furnish all legal, insurance and accounting servIces, mcludmg auditmg
services, that may be reasonably necessary at any time for the Project to meet the Owner's needs
and interests.
1.2.2.7 The Owner shall provide prompt written notice to the ArchItect If the Owner becomes
aware of any fault or defect in the Project, including any errors, omIssions or inconsistencies in
the Architect's Instruments of ServICe.
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants
shall be as enumerated in Article 1.4.
1.2.3.2 The Architect's services shall be performed as expeditIously as is conSIstent WIth
professional skill and care and the orderly progress of the Project. The Architect shall submit for
the Owner's approval a schedule for the performance of the Architect's services which initially
shall be consistent WIth the time periods established in Subparagraph l.l.2.6 and which shall be
adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for penods
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 Time limits
established by this schedule approved by the Owner shall not, except for reasonable cause, be
exceeded by the Architect or Owner.
WARNING: Unlicensed photOCOPYing violates U.S. copyright laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N W
Washington, DC 20006-5292
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Amencan Institute
of Architects
1735 New York Avenue, N W
Washmgton, D C 20006.5292
1.2.3.3 The ArchItect's Designated Representative identIfied in Paragraph 1.1.3 shall be authorized
to act on the Architect's behalf with respect to the Project.
1.2.3.4 The ArchItect shall maintain the confidentiality of mformation speCIfically designated as
confidential by the Owner, unless withholding such information would violate the law, create the
risk of significant harm to the pubhc or prevent the Architect from establishmg a claim or defense
in an adjudicatory proceeding. The Architect shall require of the ArchItect's consultants simIlar
agreements to maintam the confidentIahty of information specifically designated as confidential
by the Owner.
1.2.3.5 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.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's
services. The Architect shall respond m the design of the Project to requirements imposed by
governmental authorities havmg Jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and
mformation furnished by the Owner. The Architect shall prOVIde prompt written notice to the
Owner if the Architect becomes aware of any errors, omISSIOns or inconsistencies in such services
or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed,
the estimated cost to the Owner of all elements of the Project designed or specified by the
Architect.
1.3.1.2 The Cost of the Work shall mclude 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, including the costs of management or supervision of construction or installation
provided by a separate construction manager or contractor, plus a reasonable allowance for their
overhead and profit. In addition, a reasonable allowance for contingencies shall be included for
market conditions at the time of bidding and for changes in the Work.
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the
Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are
the responsIbIlity of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, speCIfications and other documents, mcluding those in electronic form,
prepared by the Architect and the ArchItect's consultants are Instruments of Service for use sole-
ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the
authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, including copynghts.
1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive
license to reproduce the Architect's Instruments of Service solely for purposes of constructing,
using and maintaining the Project, provided that the Owner shall comply with all obligations,
including prompt payment of all sums when due, under this Agreement. The' Architect shall
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obtain similar nonexclusive licenses from the Architect's consultants consistent with this
Agreement. Any termmatlOn of this Agreement pnor to completion of the Project shall terminate
this license. Upon such termination, the Owner shall refram from making further reproductions
of Instruments of Service and shall return to the Architect within seven days of termination all
onginals and reproductions m the Owner's possession or control. If and upon the date the
Architect IS adjudged in default of this Agreement, the foregomg license shall be deemed
termmated and replaced by a second, nonexclusive license permittmg the Owner to authorize
other similarly credentialed design profeSSIOnals to reproduce and, where permitted by law, to
make changes, correctIOns or additions to the Instruments of Service solely for purposes of
completing, using and maintammg the Project.
1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2 2, no other license or nght shall be
deemed granted or implied under this Agreement. The Owner shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herem to another party without the
prior written agreement of the Architect. However, the Owner shall be permitted to authorize the
Contractor, Subcontractors, Sub-subcontractors and material or eqUipment suppliers to
reproduce applicable portions of the Instruments of Service appropnate to and for use in their
execution of the Work by license granted in Subparagraph 1.3 2.2. Submission or distribution of
Instruments of ServICe to meet official regulatory requirements or for Similar purposes m
connectIOn with the Project IS not to be construed as publicatIOn in derogation of the reserved
nghts of the Architect and the Architect's consultants. The Owner shall not use the Instruments
of Service for future additIOns or alterations to this Project or for other projects, unless the Owner
obtains the pnor written agreement of the Architect and the Architect's consultants. Any
unauthorized use of the Instruments of Service shall be at the Owner's sole nsk and without
liability to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect proViding to the Owner any Instruments of Service m electronic
form or the Owner providing to the Architect any electronic data for mcorporation into the
Instruments of SerVICe, the Owner and the Architect shall by separate written agreement set forth
the speCific conditions governing the format of such Instruments of Service or electronic data,
mcludmg any special limitations or licenses not otherwise provided in thiS Agreement.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's
consultants, may be accomplished after executIOn of this Agreement, without mvalidating the
Agreement, if mutually agreed in wntmg, if required by Circumstances beyond the Architect's
control, or If the Architect's services are affected as described m Subparagraph 1.3.3.2. In the
absence of mutual agreement m writing, the Architect shall notify the Owner prior to providing
such services. If the Owner deems that all or a part of such Change in Services IS not required, the
Owner shall gIVe prompt written notice to the Architect, and the Architect shall have no
obligation to provide those services. Except for a change due to the fault of the Architect, Change
m ServICes of the Architect shall entitle the Architect to an adjustment m compensation pursuant
to Paragraph 1.5.2, and to any Reimbursable Expenses descnbed m Subparagraph 1.3.9.2 and
Paragraph 1.5.5.
1.3.3.2 If any of the following circumstances affect the Architect's services for the Project,
the Architect shall be entitled to an appropriate adjustment m the Architect's schedule
and compensation:
1 change in the mstructions or approvals given by the Owner that necessitate reVisions in
Instruments of Service;
2 enactment or revision of codes, laws or regulations or official interpretatIOns which
necessitate changes to previously prepared Instruments of Service;
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Amencan Institute
of Architects
1735 New York Avenue, N W
Washington, D C 20006-5292
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
173S New York Avenue, N W
Washington, D C 20006-5292
.3 decisions of the Owner not rendered in a timely manner;
4 sigmficant change in the Project including, but not limIted to, size, quality, compleXIty,
the Owner's schedule or budget, or procurement method;
.5 failure of performance on the part of the Owner or the Owner's consultants
or contractors;
.6 preparation for and attendance at a public heanng, a dispute resolution proceeding or
a legal proceedmg except where the Architect is party thereto;
7 change in the mformatlOn contamed m Article 1.1.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter m question arising out of or related to this Agreement
shall be subject to mediatIOn as a conditIOn precedent to arbitration or the institution of legal or
equitable proceedings by either party. If such matter relates to or IS the subject of a lien arising out
of the Architect's services, the ArchItect may proceed m accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolutIOn of the matter by mediation or
by arbitration.
1.3.4.2 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
in accordance with the ConstructIOn Industry Mediation Rules of the American ArbitratIOn
Association currently in effect. Request for mediation shall be filed in writmg with the other party
to this Agreement and with the American Arbitration ASSOCIatIon. The request may be made
concurrently with the filing of a demand for arbitration but, m such event, medIation shall
proceed in advance of arbitration or legal or equItable proceedings, which shall be stayed pendmg
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.
1.3.4.3 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 m mediation shall be enforceable as settlement agreements m any court
having jurisdictIOn thereof.
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1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters
in question arising out of or relatmg to this Agreement. ThiS mutual waiver is applicable, without
limitation, to all consequential damages due to either party's termination m accordance with
Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the law of the prinCipal place of business of the
Architect, unless otherwise provided in Paragraph 142.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edItion of AlA
Document A20l, General Conditions of the Contract for ConstructIOn, current as of the date of
this Agreement.
1.3.7.3 Causes of action between the parties to thIS Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of limitations shall eommence to run
not later than eIther the date of Substantial CompletIOn for acts or faIlures to act occurring pnor
to SubstantIal Completion or the date of issuance of the final Certificate for Payment for acts
or failures to act occurnng after Substantial Completion. In no event shall such statutes of
lImItations commence to run any later than the date when the Architect's services are
substantially eompleted.
1.3.7.4 To the extent damages are covered by property insurance dunng construction, the Owner
and the 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 the editIOn of AlA Document A20l, General Conditions
of the Contract for ConstructIOn, current as of the date of this Agreement. 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.
1.3.7.5 Nothing contained in this Agreement shall create a contractual relationshIp with or a cause
of action in favor of a third party agamst either the Owner or Architect.
1.3.7.6 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
exposure of persons to hazardous materials or toxic substances in any form at the Project site.
1.3.7.7 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 eonfidential or proprietary mformation if
the Owner has preVIOusly advised the Architect m writmg of the specific mformation 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.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Amencan Institute
of Architects
1735 New York Avenue, N W
Washington, D C 20006-5292
I
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N W
Washington, D C 20006-5292
1.3.7.8 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. The ArchItect shall not be required to execute certIficates that would require
knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 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, successors,
aSSIgns and legal representatives of such other party WIth respect to all covenants of 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 an institutional lender
providing financing for the Project. In such event, the lender shall assume the Owner's rights and
obligations under this Agreement. The Architect shall execute all consents reasonably required to
facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,
such failure shall be considered substantial nonperformance and cause for termination or, at the
Architect's option, cause for suspenSIOn of performance of services under this Agreement. If the
ArchItect elects to suspend services, prior to suspensIOn of services, the ArchItect shall give seven
days' wntten notice to the Owner. In the event of a suspension of services, the Architect shall have
no hability to the Owner for delay or damage caused the Owner because of such suspension of
serVICes. Before resummg services, the ArchItect shall be paid all sums due pnor to suspension and
any expenses incurred in the mterruption and resumptIOn of the Architect's services. The
Architect's fees for the remaining servIces and the time schedules shall be equitably adjusted.
1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect
shall be compensated for services performed prior to notice of such suspension. When the Project
is resumed, the ArchItect shall be compensated for expenses incurred in the interruption and
resumptIOn of the Architect's services. The Architect's fees for the remaming services and the time
schedules shall be equitably adjusted.
1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90
consecutive days, the Architect may terminate this Agreement by giving not less than seven days'
written notice.
1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written
notice should the other party fall substantially to perform in accordance with the terms of this
Agreement through no fault of the party mitiating the termmation.
1.3.8.5 This Agreement may be termmated by the Owner upon not less than seven days' written
notice to the Architect for the Owner's convenience and without cause.
1.3.8.6 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 Subparagraph 1.3.8.7.
1.3.8.7 Termination Expenses are in addition to compensation for the servICes of the Agreement
and include expenses directly attributable to termination for which the ArchItect is not otherwise
compensated, plus an amount for the Architect's anticipated profit on the value of the services not
performed by the Architect.
I WARN'NG, ",'kMM' ....."""",'" "0'"'' us"""""" "'" ,,' _II' "bJK'~' .10'..., "'...' "",K'''''.
1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for ReImbursable Expenses incurred shall
be made monthly upon presentatIon of the Architect's statement of serVlCes. No deductIOns shall
be made from the ArchItect's compensatIOn on account of penalty, hquidated 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 adjudged to be liable.
I
1.3.9.2 Reimbursable Expenses are in addition to compensation for the ArchItect's services and
include expenses incurred by the Architect and ArchItect's employees and consultants directly
related to the ProJect, as identified in the following Clauses: Not to exceed $1,500. ,..--.(
tr"mrmbt;r\];l in c9nnectlQQ with. tA@ PrClJ@ct, aHtAorized 811t Elf to'.{1'\. trtl'.el lil'\.d
,mbs~sLcncc:, ana electlOfiic C5m.mUl'I.lclltWI'I.J,
2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of
Instruments of Service;
4 expense of overtime work requiring higher than regular rates If authorized m advance
by the Owner; .
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professionalliabihty msurance dedicated exclusively to this Project or the
expense of additional msurance coverage or hmits requested by the Owner in excess of
that normally carned by the Architect and the ArchItect's consultants;
.7 reImbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project-related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change m Services, and of
services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the dIrect salaries of the Architect's personnel
engaged on the Project and the portion of the cost of theIr mandatory and customary
contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, slCk leave, hohdays, vacations, employee retirement plans and
similar contributIOns.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. ThIs Agreement represents the entire and
integrated agreement between the Owner and the Architect and supersedes all prior negotiatIons,
representations or agreements, either written or oral. This Agreement may be amended only by
wntten instrument signed by both Owner and Architect. ThIS Agreement compnses the
documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B141-1997.
1.4.1.2 Standard Form of Architect's Services: Design and Contract Admmlstration, AlA
Document B141-1997, or as follows:
(LIst other documents, if any, delzneatzng Architect's scope of servIces.)
William Shore Pool see Exhibit "A"
Scope of Work - Compensatroon Worksheet, 5/5/98
1.4.1.3 Other documents as follows:
(LIst other documents, If any, forming part of the Agreement)
Hot Applicable
WARNING: Unlicensed photocopying violates U.S. COPYright laws and Will subject the violator to legal prosecution.
I
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Amencan Institute
of Architects
1735 New York Avenue, N W
Washington, D C 20006-5292
Exhibit "B"
r-(
1 4.2 Special Terms and Conditions
1 4 2 1 The architect shall perform the services hereunder in compliance with all
applicable codes, regulations and laws and the requirements of the serving utilities. The
services shall conform to the commonly accepted standards of the profession
1.4.2.2 The architect shall indemnify, defend and hold harmless the City and its
officials and employees 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 the architect or architect's
officers, employees, and subcontractors in performing services hereunder
1 423 In lieu of Section 1 3.5, claims, disputes and 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
1 4.2.4 The parties shall conduct their business in a manner which assures fair,
equal and non-discriminatory treatment of all persons, without respect to race, creed,
color, sex, Vietnam era veterans status, disabled veteran condition, physical or mental
handicap, or national origin, and, in particular
a. The parties will maintain open hiring and employment practices and will
welcome applications for employment in all positions from qualified
individuals who are members of the above-stated minorities.
b The parties will comply strictly with all requirements of applicable
federal, state or local laws or regulations issued pursuant thereto, relating
to the establishment of nondiscriminatory requirements in hiring and
employment practices and assuring the service of all patrons and
customers without discrimination with respect to the above-stated
minority status.
c \1MEMO\B EXH
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement
are as follows:
N&e-~
See Exhibit "B"
o
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described under Article 1.4, compensation shall be
computed as follows:
Fixed Fee:
Twenty Five Thousand Dollars ($25,000)
1.5.2 If the servIces of the Architect are changed as described in Subparagraph 1.3.3 I, the
ArchItect's compensation shall be adjusted. Such adjustment shall be calculated as described
below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable
manner.
(Insert baSIS of compensation, including rates and multiples of Direct Personnel Expense for PrinCIpals and
employees, and Identify PrinCIpals and classify employees, If required. Identify specific services to which partic-
ular methods of compensatIOn apply.)
Hourly fee at billing ra~es as indicated on Compensation Worksheet.
1.5.3 For a Change in Services of the ArchItect's consultants, compensation shall be computed
as a multiple of one. point one ( 1.1 ) times the amounts billed to the
Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items
included in Paragraph 1.5.5 as Reimbursable Expenses, the compensatiop shall be computed as a
multiple of one point one (1.1) times the expenses incurred by
the Architect, and the Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses, if any, are as follows:
Not Applicable
WARNING. Unlicensed photocopying violates u.s copynghtlaws and will subject the violator to legal prosecution
I
I
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N W
Washington, D C 20006-5292
1.5.6 The rates and multiples for servIces of the Architect and the Architect's consultants as set
forth in thIs Agreement shall be adjusted in accordance wIth their normal salary review practices.
1.5.7 An initial payment of Zero Dollars
($ - 0 - ) shall be made upon execution of this Agreement and IS the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment.
Subsequent payments for services shall be made monthly, and where applicable, shall be m
proportion to services performed on the basis set forth in thIS Agreement.
1.5.8 Payments are due and payable Thirty 30 ) days from the date
of the Architect's invoice. Amounts unpaid Sixty (60 ) 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 busmess of the Architect.
(Insert rate of mterest agreed upon.)
(Usury laws and requirements under the Federal Truth m Lendmg Act, Similar state and local consumer credit
laws and other regulatIOns at the Owner's and Architect's principal places of busmess, the location of the Project
and elsewhere may affect the validity of this proVISIOn. SpeCIfic legal adVice should be obtamed With respect to
deletions or modificatIOns, and also regardmg requirements such as written disclosures or wazvers.)
1.5.9 If the services covered by thIS Agreement have not been completed WIthin
Twelve ( 12 ) 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 Paragraph 1.5.2.
This Agreement entered into as of the day and year first written above.
~
OW (Signature)
~/~
'A R CHI T Et'T (Signature)
~~~~~~ .~\.~c-'CC~
l'
Rex Bond - Principal
(Printed name and title)
(Printed name and title)
CAUTION: You should sign an originalAIA document or a hcensed reproduction. Orlgmals contazn theAIA logo
printed in red; hcensed reproductIOns are those produced m accordance with the InstructIOns to thiS document.
WARNING' Unlicensed photocopying violates U.S. copyright laws and Will subject the violator to legal prosecution.
I
I
<91997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The AmerICan Institute
of Architects
1735 New York Avenue, N W
Washington, DC 20006-5292
20CX> Edition - Electronic Format
AlA Document G606 - 2000
Amendment to the Professional Services Agreement
TO: Mark Connelly
(Owner's RepresentatIve)
In accordance with the Agreement dated: July 8. 1998
Amendment Number: One
between the Owner:
City of Port Angeles
and the Architect:
ARC Architects
for the Project:
(Name and address)
William Shore Memorial Pool Feasibilitv Study
AuthOrIZatIOn IS requested
( X ) to proceed with Additional Services or a Change in Services.
( ) to incur Additional Reimbursable Expenses.
As Follows:
Study to include additional lap lanes. facIlity expansion to the west. prooosed solutions to
new 5 ft. water depth requirement at starting block.
The following adjustments shall be made to compensation and time.
(Insert prOVIsions III accordance WIth the Agreement, or as otherWIse agreed by the parties.)
Compensation:
$20.839 - see attachment A
Time:
Estimated start June 3rd 2002 - estimated comoletion date August 26th. 2002.
Approximately 12 weeks. Schedule to be determIned by availabhty of steering comittee
and prescheduled council meeting dates.
SUBMITTED BY:
~/ ",,- _.z-vt:
'" (Sign ure) ,
Rex Bond. Principal
(Pnnted name and title)
~~ ...14,1 ~~
(Date) "".1
( rmted name and title)
OS-:-ZEJ-02-
(Date)
J:J 2000 by The Amencan Institute ot Architects. Reproduction of the matenal herein or substantial
quotation of Its proVISions without wntten permission of the AlA Violates the copynght laws of the United
States and will subject the Violator to legal prosecution WARNING Unlicensed photOCOPYing vIOlates U.S
copynght laws and will subject the Violator to legal prosecution ThiS document was electronically produced
With permiSSion of the AlA and can be reproduced In accordance With your license Without Violation until
the date of expiration as noted below User Document city of port angeles ala -- 5/22/2002. AlA License
Number 1109676, which expires on 4/30/2003
ElectrOniC Format G606 - 2000
AUTHENTICATION OF THIS ELEORONICALLY
DRAFTED AlA DOCUMENT MAY BE MADE BY USING
AlA DOCUMENT D401
@2ooo AIA(jj)
AlA DOCUMENT G606-2000
AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT
The Amencan Institute of Architects
1735 New York Avenue, N.W
Washington, D.C. 20006-5292
,PORT ANGELES POOL
Renovations and Addition
SCOPE OF WORK - COMPENSATION WORKSHEET
4/4/02
PROJECT PARAMETERS
SERVICES
TOTAL FEE
RATES
STAFF1
STAFF2
STAFF3
STAFF4
DIRECT COSTS
EXPENSES
PRINTING/PHOTO
COURIER/MISC
subtotal
CONSULTANTS
AQUATICS CONSULTANT
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
CIVIL ENGINEER
ARTIST RENDERING
COST ESTIMATOR
subtotal
PORT ANGELES POOL
COMPENSATION WORKSHEET
TOTAL
$20,839
$20,839
Attachment A
Billing rate
$110
$80
$57
$38
$75
$150
$225
$1,190
$0
$1,995
$1,600
$0
$2,500
$800
$8,085
TASK
ESTIMATED HOURS
STAFF 1 STAFF 2
STAFF 4
FEASIBILITY STUDY
Fee proposal I Contracting I Billings
AutoCad input of plans
AutoCad Input of elevations
Review lap pool options wi team
Review Site constraints I parkmg Issues
Develop plan and elevation studies
Conference call wi pool committee for direction
Prepare base draWIngs for consultants
Consultant meellng In house
Prepare presentation plan
Prepare presentation elevations
Artist meeting
Develop .scope of the work" for cost estimator
Package presentation matenals I costs
Final presentation to pool committee
/
8
1
1
3
12
2
3
1
10
STAFF 3
8
12
3
4
20
8
3
12
12
2
6
TOTAL DIRECT IN-HOUSE HOURS
HOURLY BILLING RATE
SUB TOTAL BILLABLE LABOR
TOTAL BilLABLE LABOR
42
$110
$4,620
90 0 0 0
$80 $57 $38 $80
$7,200 $0 $0 $0
$11,820
$50
$75
$11,945
$8,894
$20,839
REIMB DIRECT EXPENSES
PR INTING/PHOTOGT APHY
POSTAGE I COURIER
TOTAL IN-HOUSE EXPENSE
CONSULTANTS plus 10% carrying fee (SEE SCHEDULE
PROPOSED COMPENSATION PHASE 1
Summary Page 1
~ ..
5. "/74
~ I
/1\IX Document G606'" - 2000
)frr,end"!ent tp,the Professional Services Agreement
Amendment Number: 3
!
i TO: Glenn Cutll?r . ""f
! . (Owner's.Reprefentativ.i!J j
,,I "
'1
<> > ~~ <
In acco~aance wit}1 the Agr!(ement dated: July 8th, 1998
: . ' ) /
BETwEEN the/Owner: / ". "I \
City 'of Port Ap.geles .
/
I /
!
,
1 \0
. i
.
"
. '
k' and the Architect:
ARC Architects !
1 1'0 ~/ Ea~t Pife Street /
Seattle, W.o/98122 ,i ,
./ ./'
f6r.:\:he Project:! ,
(Name and address) ,
'William Shore Memonal Pool Feasibility Study
;1 ! f, >,"/" < T" /
\/
"\
!
,i
j
I Authorization is requestecL,
i "~~ '}
i:8J to proceyq with,Adpitional Services or a Change in Services.
. 0 to itf~u! Additional R~imbursable Expenses.
,As I:ollows:
Study to, include four (4) site options, updated performa, and public presentation.
, >'" '<<" ",'
,~, ""
The following adjustments shall be made to compensation and time.
(f~sert provisions in accordance w.ith the Agreement, or as otherwise agreed by the partles.)
!\., ' ,,<<' ,\
Comp~nsation: ,
" $17,285.00- see attichment
" .
,c'
Time~
Schedule to commence immediately. Estimated duration 2 1/2 months. Schedule subject to availability of steering
c01TImittee and council, meeting dates and agenda.
\ '
\
. '.
. .
SUBMITTED BY:
"~" /~-:---A
~)
Rex Bond, Principal
(Erintedname and tale)
~ (A,..J 0 S-
(Date)
AGREED TO:
~~
Signature) .,.
Glenn Cutler, Dlfector of Public Works
(Ermted nf7::1!~I~
(Date)
AlA Document G606™ - 2000. Copyright @ 2000 by The Amencan Institute of Architects. All rights reserved. WARNING: ThiS AlA 11' Document is
protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or dlstribullon of this AlA" Document, or any portion of it,
may result m severe civil and crimmal penalties, and Will be prosecuted to the maximum extent possible under the law. ThiS document was produced
by AlA software at 113305 on 01/06/2005 under Order No 1000150669_1 which eXpires on 12/9/2005, and IS not for resale
User Notes: (2109697471)
1
Port Angeles Pool
Aquatic Cen1er Site Feasibility - multiple sites
11/30/04
PROJECT PARAMETERS
SERVICES
BALANCE ON PREVIOUS AMENDMENT
TOTAL FEE
RATES
STAFF1
ST AFF2
ST AFF3
STAFF4
DIRECT COSTS
EXPENSES
PRINTING/PHOTO
COURIER/MISC
subtotal
CONSULTANTS
STRUCTURAL
MECHANICAL
ELECTRICAL
lANDSCAPE ARCHITECT
IllUSTRATOR
PROFORMA
subtotal
Port Angeles Pool
COMPENSATION WORKSHEET
TASK
ARCHITECTURAL
sketch 4 schemes
develop base draWings
develop aquatic schemes (4)
QC check
scheme pick-ups
render schemes
coordination with Parks
public workshop
owner contlngecy
TOTAL DIRECT IN-HOUSE HOURS
HOURLY BILLING RATE
SUB TOTAL BilLABLE lABOR
TOTAL BillABLE LABOR
REIMB DIRECT EXPENSES
PRINTING/PHOTOGT APHY
POSTAGE / COURIER
TOTAL IN-HOUSE EXPENSE
CONSULTANTS plus 10% car In fee (SEE SCHEDULE)
PROPOSED COMPENSATION PHASE 1
Attachment A
TOTAL
$19,078
$1 ,793
$17,285
Billing rate
$120
$82
$50
$0
$0
$0
$0
$0
$0
$0
$0
$3,500
$3,500
Ballard King
ESTIMATED HOURS
STAFF 1 STAFF 2 STAFF 3
16
24
44
4
6
2 16
4
8
15 24
49 114 0
$120 $82 $50
$5,880 $9,348 $0
$15,228
$0
$0
$15,228
$3,850
$-19,078
Summary Page 1
RESOLUTIONS:
(Cont'd)
ApplIcatiOn to Federal
Bureau of Land Manage-
ment for Change of Use of
Lincoln Park Property
Resolution No. 4-03
(Cont'd)
Break
PUBLIC HEARINGS -
OTHER:
ResolutIOns Adoptmg
2004-2009 Capital
Faclllties Plan!
Transportation
Improvement Program and
AllocatIOn of 2003-2004
General Funds
Resolution No. 5-03
Resolution No. 6-03
CITY COUNCIL MEETING
June 16, 2003
4962
RESOLUTION NO. 4-03
A RESOLUTION of the City Council of the City of Port Angeles, Washmgton,
authonzmg the filing of a request to the Bureau of Land Management
for a Change of Use and Title Transfer of approximately 17.5 acres of
Lincoln Park property west of"L" Street between Lauridsen Boulevard
and 18th Street so that it may be acqUired by the Port of Port Angeles to
meet federal aviation standards for runway safety areas
Councilman Braun moved to pass the Resolution as read by title. Councilman
Headrick seconded the motion, which carried unanimously.
Mayor Wlggms recessed the meetmg for a break at 7.05 P m. The meetmg reconvened
at 7 '17 p m.
f.
Public Hearmg and ResolutIOns Adopting 2004-2009 Capztal Faczlztzes Plan
(CFP)! TransportatIOn Improvement Program (TIP) and AllocatIOn 012003
-2004 General Funds
Aided by PowerPoint slides, PublIc Works & UtIlItIes Director Cutler reViewed
adjustments made to the Capital FaCIlIties Plan based on City Council mputfrom the
last meetmg. In order to provide $25,000 for trees on the east end, he summanzed
vanous areas in which reductIOns could be made to accommodate that proJect. In
revlewmg varIOUS departmental projects mcluded m the plan, he noted the State would
be paymg for signal upgrades at First & Peabody Streets. Councilmember Rogers
mqurred as to why the Deer Park Gateway sign was still mcIuded on the list, and
Director Cutler responded that It was mtended to serve as a placeholder should the
CounCil Wish to fund the project at a future date Councllman WIlliams acknowledged
It may be adVisable to leave the sign on the list m the event the Urban Growth Area IS
extended.
Mayor Wiggms opened the publIc heanng at 7'28 p.m
Paul Lamoureux, 602 Whidby, mqmred as to the proposed White's Creek Crossmg that
was discussed at the prevIous CounCil meetmg, wantmg an explanation as to why that
particular locatIOn was chosen for a crossover between Race and Golf Course Road
Councllman Braun explamed that White's Creek, many years ago, had a wooden bndge
at 2nd Street that was ultImately removed because the wood was rotten. Deputy
Drrector of Engmeenng Services Kenworthy explamed to Mr. Lamoureux that, m
approximately 1996 as part of the TIP, thiS particular area was chosen as a preferred
alternate route that was intended to run parallel to the BonneVille power hnes
There bemg no further public testImony, Mayor Wiggms closed the pubhc hearIng at
735 p.m.
CounCilman Braun referenced the addition of a Recreational FaCIlIty Assessment 10 the
amount of $30,000, notmg the Importance and timeliness of determmmg whether the
pool should be part of the proposed sports faCIlity at the Lincoln Park site or whether
renovatIOn should occur at its present locatIOn He mdlcated the sports faCIlIty complex
IS at a stage where a conceptual site plan should be developed, as well as est1Illates of
constructIon costs, and ongomg operatIOn and mamtenance. He contmued that a
marketmg and feaSibilIty analYSIS should be conducted, and a bus mess plan should be
wntten Manager Quinn sU01Illarized optIons for fundmg tills assessment, the first of
which was to proVIde $10,000 each from the CarnegIe Library project, the Fife StatIOn
roof repairs, 8th Street Bridge constructIOn, and commumtyproject matchmg funds A
second optIon could be to take the entlfe $30,000 from the matchmg funds for
community projects. After further deliberatiOn and due to the fact that a deCISion
regardmg the pool should be made in the next two months, Councilman Braun moved
to accept the proposal of $30,000 for a Recreational Facility Assessment to be
implemented in the next two months, with the funding being derived from
- 3 -
..... . ...
J
CITY COUNCIL MEETING
June 16,2003
PUBLIC HEARINGS -
OTHER:
(Cont'd)
ResolutIOns Adoptlllg
2004-2009 Capital
FacIILties Plan /
TransportatiOn
Improvement Program and
Allocation of 2003-2004
General Funds
Resolution No. 5-03
Resolution No. 6-03
(Cont'd)
2003 Comprehensive Plan
Amendments
matching funds for community projects. Councilman Headrick seconded the
motion. Director Cutler suggested that the matchmg funds be set at $30,000 for 2003
and $40,000 for 2004 m the Governmental Fund Project Allocation. A vote was taken
on the motion, which carried unanimously.
Mayor WIggms lllquired as to whether the Council Wished to take action thiS evemng
on the Capital FacIlities Plan, to which the Councilmembers responded m the
affirmative. Therefore. Mayor WIggms read the first ResolutIOn by title, entitled
RESOLUTION NO. 5-03
A RESOLUTION ofthe CIty Councll of the City of Port Angeles, Washmgton,
adoptmg the Six-Year Capital Facilities Plan/Transportanon Improvement
Program (TIP) for 2004-2009
Councilman Headrick moved to pass the Resolution as read by title.
Councilmember Rogers seconded the motion, which carried unanimously.
Mayor WIggms then read the second ResolutIon by title, enntled
RESOLUTION NO. 6-03
A RESOLUTION of the City CouncIl of the City of Port Angeles, Washmgton,
deSignating a portion of the General Fund balance for certain capItal
projects.
Councilman Braun moved to pass the Resolution as read by title. The motion was
seconded by Councilman Williams and carried unanimously. CounCllmember
Rogers noted that the Lincoln Street paving proJect has drawn cntlclsm from the pubILc
as to why the City IS pavmg Lincoln Street and not Peabody. Because the pubILc IS
unclear on the fact that the Lincoln Street pavmg IS a State project, Director Cutler
offered to write a letter to the Penmsula Daily News to clanfy the matter.
2
Proposed 2003 Comprehensive Plan Amendments (Continued from June 2,
2003)
Commumty Development Director CollLns reported that the Commumty & EconomIc'
Development Committee met to consider the 2003 Comprehensive Plan amendments,
resultmg m the supplemental memorandum that was dlstnbuted to the CouncIl for thIS
meetmg. It was agreed to Withdraw the alternative ordmance regardmg an extensIOn
of the western UGA DIrector Collms revIewed m detail the notes mcorporated mto
the draft ordmance by the CED members havmg to do WIth the eastern UGA and the
Deer Park Road nght-of-way. Concern had been expressed WIth the proposed
extensIOn of the CommerCIal Artenal zone a half block to include the whole blocks
north of Front Street from Francis eastto the WhIte's Creek ravme and south ofFlTSt
Street from Eunice east to Chambers He noted that the members expressed mterest m
revlewmg some of these issues with the Planmng COmmIssIOn on Wednesday, June 25,
2003, at 5'30 p.m. At the conclusion of that meetmg, the Council would then be asked
to take action on the ComprehensIve Plan amendments.
Mayor Wlggms opened the pubILc heanng at 7'55 p.m There bemg no pubILc
testimony, the publtc hearing was closed at 7:55 p.m Councilman WIllIams mqUlred
as to whether the public hearing should be closed absent public mput regarding an
extension of the Community Shoppmg District to mclude the ennre block south of 8th
Street from Lmcoln to Laurel. Councilmember Rogers noted that thiS particular Issue
was not discussed by the CED, and Director CollLns acknowledged that the proposed
language had been asked for by a Planning CommiSSIOner subsequent to the CED
meetmg Attorney Knutson responded that the CouncIl could keep the publIc heanng
open and dIrect staff to advertIse a publIc notice mformmg the pubhc of thiS possible
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