HomeMy WebLinkAbout552RESOLUTION N0. 5 5 2
A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO SIGPJ, ON BEHALF OF THE CITY, A CONTRACT BETWEEN
OLSON, RICHERT AND BIGNOLD, ARCHITECTS-PLANNERS-ENGINEERS AidD THE CITY
OF AUBURP~, WASHINGTON, FOR THE DESIGN WORK OF BRANNAN PARK AND ISAAC
EVANS PARK.
THE CITY COUfVCIL OF THE CITY OF AUBURN, WASHINGTON, DO HEREBY RESOLVE
AS FOLLOWS:
THAT the ~~~ayor and City Clerk of the City of Auburn, Washington, be and
they are hereby authorized and directed to sign, on behalf of the City, a Contract
between.OLSON, RICHERT and BIGNOLD, Architects-Planners-Engineers and the City
of Auburn, Washington, for the design work of Brannan Park and Isaac Evans Park,
a copy of said Contract is attached hereto, designated as Exhibit "A" and made a
part hereof as though set forth herein in full; provided, however, the signing of
said contract will be subject to receiving a waiver from the Inter-Agency Committee
allowing this work to be performed prior to final approval of said project and
without jeopardizing funds for said property from the Inter-Agency Committee.
DATED and SIGNED this 15th day of January, 1973.
CITY OF AUBURN
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1-10-73
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND ARCHITECT
on a basis of a
LUMP SUM CONTRACT
AGREEMENT
made this >~ ~ day of January in the year of Nineteen Hundred and Seventy-
Three.
BETWEEN CITY OF AUBURN a municipal corporation
CITY HALL
AUBURN, WASHINGTON the Owner, and
ORB Architects-Planners-Engineers
Suite 510, Evergreen Building
Renton, Washington hereinafter called the Architect.
It is the intention of the Owner to construct Auburn Brannon Park Phase 1
work, consisting of a project cost of $400,000. on land located in north
Auburn adjacent to the Green River
hereinafter referred to as the Protect.
The Owner and the Architect agree as set forth below.
1. THE ARCHITECT shall provide professional services for the Project in
accordance with Terms and Conditions of this Agreement.
11. THE OWNER shalt compensate the Architect, in accordance with the Terms
and Conditions of this Agreement, as follows:
a. FOR THE ARCHITECT'S BASK SERVICES, as described in Paragraph 1.1,
Basic Compensation computed at a Lump Sum amount, as defined in
Article 3, for portions of the Project to be awarded under a single
stipulated sum construction contract.
b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph
1.3, compensation computed as follows:
Each employee's time computed at a multiple of two and one half (2.5)
the employee's direct personnel expense as defined in Article 4.
Additional services of professional consultants engaged for the
normal structur,~l, mechanical and electrical engineering services at
a multiple one 6 one-tenth (1. 1) times the amount billed to the
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performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating to
the execution and progress of the Work and on all other matters or questions
related thereto. The Architect's decisions in matters relating to artistic
effect shall be final if consistent with the intent of the Contract Documents.
1.1.15 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure the proper implementation of
the intent of the Contract Documents, he will have authority to require special
inspection or testing of any Work in accordance with the provisions of the
Contract Documents whether or not such Work be then fabricated, installed or
completed.
1.1.16 The Architect shall review and approve shop drawings, samples, and
other submissions of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in the
Contract Documents.
1.1.17 The Architect shall prepare Change Orders.
1.1.18 The Architect shalt conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor, and
shall issue a final Certificate for Payment.
1.1.19 The Architect shall not be responsible for the acts or omissions of
the Contractor, or any Subcontractors, or any of the Contractor's or Sub-
contractors' agents or employees, or any other persons performing any of the
Work..
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under
Subparagraphs 1.1.10 through 1.1.21 inclusive is required, and if the Owner
and Architect agree, the Architect shall provide one or more Full-Time
Project Representatives to assist the Architect.
i.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated therefore
as mutually agreed between the Owner and the Architect as set forth in an
exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such
Full-Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protection for the Owner against defects in the Work, but the furnishing of
such project representation shalt not make the Architect responsible for
construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs, or for the Contractor's failure to perform
the Work in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the
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CONSTRUCTION PHASE - ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.1.8 The Construction Phase will commence with the award of the Con-
struction Contract and will terminate when the final Certificate for
Payment is issued to the Owner.
1.1.9 The Architect shall provide Administration of the Construction
Contract as set forth in Articles 1 through 14 inclusive of the latest
edition of AIA Document A201, General Conditions of the Contract for Con-
struction, and the extent of his duties and responsibilities and the
limitations of his authority as assigned thereunder shall not be modified
without his written consent.
1.1.10 The Architect, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner and all of the
Owner's instructions to the Contractor shall be issued through the Architect.
The Architect shall have authority to act on behalf of the Owner to the
extent provided in the General Conditions unless otherwise modified in
writing.
1.1.11 The Architect shall at all times have access to the Work wherever
it is in preparation or progress.
1.1.12 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract Docu-
ments. On the basis of his on-site observations as an architect, he shall
endeavor to guard the Owner against defects and deficiencies in the Work of
the Contractor. The Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work.
The Architect shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs
in connection with the Work, and he shall not be responsible for the Con-
tractor's failure to carry out the Work in accordance with the Contract
Documents.
1.1.13 Based on such observations at the site and on the Contractor's
Applications for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representation
by the Architect to the Owner, based on the paragraph 1.1.15 and on the data
comprising the Application for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to any
specific qualifications stated in the Certificate for Payment); and that
the Contractor is entitled to payment in the amount certified. By issuing
a Certificate for Payment, the Architect shall not be deemed to represent
that he has made any examination to ascertain how and for what purpose the
Contractor has used the moneys paid on account of the Contract Sum.
1.1.14 The Architect shall be, in the first instance, the interpreter of
the requirements of the Contract Documents and the impartial Judge of the
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Architect for such additional services.
The rates and multiples set forth in this Paragraph llb will be subject
to renegotiation if the services covered by this Agreement have not
been completed within twelve (12) months of the date hereof.
c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as
defined in Article 5.
d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be described in
Article 6.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
1.1 BASIC SERVICES
The Architect's Basic Services consist of the four phases described
below and include normal structural mechanical and electrical
engineering services and landscape architect services.
SIXTY (60) PER CENT DESIGN COMPLETE PHASE
l.l.l The Architect shall prepare from the approved site master plan,
working drawings setting forth in detail the requirements for the construction
of Phase 1 work. The Architect shall bring the working drawings to 80 percent
completion (sixty (60) percent of total design contract). The 80 percent
complete working drawings shall include a 100 percent complete grading plan and
completion of all other drawings to 80 percent complete. (Drawings will be sub
stantially complete less checking, final cost estimates and specifications.)
1.1.2 The Architect shall submit the working drawings at this stage to the
I.A.C. for their final review and acceptance.
1.1.3 The Architect shall not proceed beyond the 60$ design completion phase
and his fee shall not exceed $14,877.00 plus reimbursables without prior
written approval by the City.
SEVENTY-FIVE (75) PER CENT DESIGN COMPLETE PHASE
1.1.4 The Architect shall complete the construction documents, bringing the
working drawings to 100 percent completion (seventy-five (75) percent of the
total design contract). This work shall include working drawings and specifi-
cations setting forth in detail the requirements for the construction of Phase
I work including the necessary bidding information, and shall assist in the
preparation of bidding forms, the conditions of the contract, and the form of
agreement between the Owner and the Contractor.
1.1.5 The Architect shall advise the Owner of any adjustments to previous
statements of probable construction cost indicated by changes in requirements
or general market conditions.
1.1.6 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1.1.7 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in awarding
and preparing construction contracts.
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Owner, they shall be paid for by the Owner as hereinbefore provided.
1.3.1 Providing special analyses of the Owner's needs, and programming the
requirements of the Protect.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, or comparative studies
of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.5 Providing services to investigate existing conditions or facilities
or to make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Preparing documents for alternate bids or out-of-sequence services.
requested by the Owner.
1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of materials equipment and labor.
1.3.8 Providing interior design and other services required for or in
connection with the selection of furniture and furnishings.
1.3.9 Providing services for planning tenant or rental spaces.
1.3.10 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions
previously given and are due to causes beyond the control of the Architect.
1.3.11 Preparing supporting data and other services in connection with Change
Orders if the change in the Basic Compensation resulting from the adjusted
Contract Sum is not commensurate with the services required of the Architect.
1.3.12 Making investigations involving detailed appraisals and valuations
of existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
1.3.13 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional services
of the type set forth in Paragraph 1.1 as may be required in connection with
the replacement of such Work.
1.3.14 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor or by major
defects in the Work of the Contractor in the performance of the Construction
Contract.
1.3.15 Preparing a set of reproducible record prints of drawings showing
significant changes in the Work made during the construction process, based
on marked-up prints, drawings and other data furnished by the Contractor
to the Architect.
1.3.16 Providing extensive assistance in the utilization of any equipment
or system such as initial start-up or testing, adjusting and balancing,
preparation of operating and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
1.3.17 Providing Contract Administration and observation of construction
after the Construction Contract Time has been exceeded or extended by more
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than 30 days through no fault of the Architect.
1.3.18 Providing services after issuance to the Owner of the final Certifi-
cate for Payment.
1.3.19 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.20 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for the
Project.
1.3.21 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted archi-
tectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his requirements
for the Project.
2.2 The Owner shalt designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his repre-
sentative shall examine documents submitted by the Architect and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the
progress of the Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and adjoining
property; rights-of-way, restrictions, easements, encroachments, zoning,
deed restrictions, boundaries and contours of the site; locations, dimensions
and complete data pertaining to existing buildings, other improvements and
trees; and full information concerning available service and utility lines
both public and private, above and below grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other
consultant when such services are deemed necessary by the Architect, including
reports, test borings, test pits, soil bearings values, percolation tests,
air and water pollution tests, ground corrosion and resistivity tests and
other necessary operations for determining subsoil, and other necessary
operations for determining subsoil, air and water conditions, with appropriate
professional interpretations thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the Contract
Documents.
2.6 The Owner shalt furnish such legal, accounting, and insurance
counselling services as may be necessary for the Project, and such auditing
services as he may require to ascertain how or for what purposes the Contractor
has used the moneys paid to him under the Construction Contract.
2.7 The services, information, surveys and reports required by Paragraphs
2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the
Architect shall be entitled to rely upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault or
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defect in the Project or non-conformance with the Contract Documents, he
shall give prompt written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction
exceed $300,000. plus 15~
3.2 Construction Cost
and consultants, the cost
are the responsibility of
2.6 inclusive.
post of this Project excluding sales tax shall not
I.A.C. Contingency.
does not include the compensation of the Architect
of the land, rights-of-way, or other costs which
the Owner as provided in Paragraphs 2.3 through
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by the Owner shall
be included at current market prices, except that used materials and equip-
ment shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design professional
familiar with the construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over the cost of labor,
materials or equipment, over the contractors' methods of determining bid
prices, or over competitive bidding or market conditions. Accordingly, the
Architect cannot and does not guarantee that bids will not vary from any
Statement of Probable Construction Cost or other cost estimate prepared
by him.
3.5 When a fixed limit of Construction Cost is established as a condition
of this Agreement, it shall include a bidding contingency of ten percent
unless another amount is agreed upon in writing. When such a fixed limit is
established, the Architect shall be permitted to determine what materials,
equipment, component systems and types of construction are to be included
in the Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The Architect may also
include in the Contract Documents alternate bids to adjust the Construction
Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statement of Probable Construction Cost exceeds such fixed
limit of Construction Cost (including the bidding contingency) established
as a condition of this Agreement, the Owner shall (1) give written approval
of an increase in such fixed limit, (2) authorize rebidding the Project
within a reasonable time, or (3) cooperate in revising the Project scope and
quality as required to reduce the Probable Construction Cost. In the case
of (3) the Architect, without additional charge, shall modify the Drawings
and Specifications as necessary to bring the Construction Cost within the
fixed limit. The providing of such service shall be the limit of the Architect'
responsibility in this regard, and having done so, the Architect shall be
entitled to compensation in accordance with this Agreement.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by
the Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation, research
and design, in producing Drawings, Specifications and other documents
pertaining to the Project, and in services during construction at the site.
4.2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee benefits, insurance, sick
leave, holidays and vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the Architect,
his employees, or his professional consultants in the interest of the Project
for the expenses listed in the following Subparagraphs:
5.1.1 If authorized in advance by the Owner the expenses of transportation and
living expenses when traveling farther than fifty miles from the Architects'
offices; and fees paid for securing approval of authorities having jurisdiction
over the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings and
Specifications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates and expense of renderings or models for
the Owner's use.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 ~ Payments on account of the Architect's Basic Services shall be made
as follows:
6.1.1 Payments for Basic Services shall be made monthly in proportion to
services performed so that the compensation at the completion of each Phase
shall equal the following amounts:
X60$ Design Complete Phase $14,877.00
75~ Design Complete Phase 3,915.00
Bidding or Negotiation Phase 1,305.00
Construction Phase 5,220.00
TOTAL $25,317.00
The Architect shall not proceed beyond the 60$ Design Completion
Phase and his fee shall not exceed $14,877.00 plus reimbursables
without prior written approval by the City.
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6.1.2 Should any of the required I.A.C. 15~ Contingency for the project
be used for construction, the Architect shall be reimbursed on the basis
of 8.7$ of the amount used.
6.2 Payments for Additional Services of the Architect as defined in
Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall
be made monthly upon presentation of the Architect's statement of services
rendered.
6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from payments
to contractors.
6.4 If the Project is suspended for more than three months or abandoned
in whole or in part, the Architect shall be paid his compensation for
services performed prior to receipt of written notice from the Owner of such
suspension or abandonment, together with Reimbursable Expenses then due and
all terminal expenses resulting from such suspension or abandonment. If the
Project is resumed after being suspended for more than three months, the
Architect's compensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement shall bear interest
at the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbursable
Expenses pertaining to the Project, and records of accounts between the
Owner and the Contractor, shall be kept on a generally recognized accounting
basis and shall be available to the Owner or his authorized representative
at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days' written
notice should the other party fail substantially to perform in accordance
with its terms through no fault of the other. In the event of termination
due to the fault of others than the Architect, the Architect shall be paid
his compensation for services performed to termination date, including
Reimbursable Expenses then due and all terminal expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Planning reports as instruments service are the property of the City-whether
the project for which they are made be executed or not. They are not,
however, to be used by the Owner on other projects or extensions to this
Project except by agreement in writing and with appropriate compensation to
the Architect.
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ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his 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, sublet or transfer his interest in this
Agreement without the written consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association then obtaining unless the parties
mutually agree otherwise. This agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitration Association.
The demand shall be made within a reasonable time after the claim, dispute
or other matter in question has arisen. In no event shall the demand for
arbitration be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would
be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
ARTICLE 12
EXTENT OF 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 written instrument signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAId
Unless otherwise specified, this Agreement shall be governed by the law of
the principal place of business of the Architect.
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.r
IN WITNESS WHEREOF, the parties hereto have caused this contract
to be executed in duplicate by their respective authorized officers or
representatives, the City of Auburn by its Mayor, and the Architects
by Robert W. Bignold, President and Roger R. Richert, Secretary, all
on the date first mentioned herein.
CITY OF AUBURN, WASHINGTON
B C~
Y ~~-!2
ayor
ORB Architects-Planners-Engineers
Attest:
~__
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City Clerk
Approved as to form:
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By
C,_,ty Attorney Secretary, ORB
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