HomeMy WebLinkAbout07/14/04 AGENDA FILE
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
***AMENDED***
JULY 14, 2004
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A. Proposal to confirm Ken Mickelson as Parks & Recreation Director (Information Only)
B. General Council Business
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation ~O, ~,
3. CONSENT AGENDA
A. Claims & Check Register (#AB04-135) /~
B. Minutes of Meeting -June 30, 2004 (#AB04-136)
C. Professional Services Agreement with MILES YANICK & COMPANY for Architectural Services
for the Downtown Bremerton "MARTIN LUTHER KING, JR. LIBRARY" (#AB04-128)
4. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will convene in the
Council Conference Room for a LEGISLATIVE REVIEW COMMITTEE to hear presentations on the
following proposed items. Please note that no action will be taken, and the content of these
items are subject to change.
1. Addendum No. 1 to Interlocal Agreement with the City of Port Orchard for Cooperative Water
System Development in the Port Orchard 580 Zone/Bremerton 580 Zone - Mike Mecham, City
Engineer
2. Budget Adjustment within the Depadment of Public Works & Utilities to eliminate an Engineering
Technician ]] position; and adding an Engineering Technician Ig position - Paul Lucas, PW&U
Administrative Manger
3. Ordinance amending Section 9A.48.030 of the Bremerton Municipal Code relating to Criminal
Impersonation - Brett Vinson, Assistant City Attorney
4. Amendment No. 1 to Agreement between the City of Bremerton and Columbia Hospitality, Inc. -
Roger Lubovich, City Attorney
5. Professional Services Agreement with HUCKELL/VVEINMAN ASSOCIATES, INC. for 2003-2004
Comprehensive Plan SEPA/EIS - Chris Hugo, Director of Community Development
6. Continued discussion of Fence Height Ordinance - Chris Hugo, Director of Community
Development
AN INFORMA TION-ONL Y PRESENTATION WILL BE PROVIDED ON THE FOLLOWING:
· Introduction and First Review of Recommended Draft Comprehensive Plan - Chris Hugo, Director
of Community Development
E-moil: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us
DATE SUBMITTED: 7-9-04 BILL #
AGENDA BILL
CITY
OF
BREMERTON
CITY COUNCIL
SUBJECT: Approval to hire Director of Committee Meeting Date:
Parks & Recreation above Step 1 of the COUNCIL MEETING Date:
assigned pay band and to confirm his Department: Executive
appointment to the position. Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: The BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the
appointment of a Department Director and approval for an initial salary rate which exceeds Rate 1. Council
confirmation and approval is requested to hire Kenneth J. Mickelsen as Director of Parks & Recreation at Pay
Rate 7 of Band 19. Mr. Mickelsen's career spans over 30 years in the public sector, 24 years of which were
with the City of Ashland, Oregon as Parks & Recreation Director from 1979 through 2003. Most recently he
has been serving as Director of Parks & Recreation for the City of Maple Valley, WA. Mr. Mickelsen
received excellent recommendations from his former employers and other individuals contacted during our
background check.
ATTACHMENTS: Mickelsen resume and Memo to Council outlining the negotiated terms of his
employment with the City of Bremerton
FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded per approval of 2004
budget.
APPROVALS:
DEPARTMENT DIRECTOR:
HUMAN RESOURCES:
CITY ATTORNEY: ~ ,/~~_ /'fl ~ .
FINANCE DIRECTOR: ~. [~ -'~~-
MAYOR:
FISCALJBUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to confirm and approve the hiring of Kenneth J. MickeJ, sen as
Director of Parks & Recreation at Pay Step 7 of Band 19. ,qvtcl
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
Classification Specification
TITLE: DIRECTOR OF PARKS AND RECREATION June 2002
GENERAL FUNCTION
This is a professional Parks & Recreation executive management classification. Under general
direction of the Mayor, the Director of Parks & Recreation performs a variety of management,
administrative and professional work in providing and managing parks and various recreational
programs and facilities.
DISTINGUISHING CHARACTERISTICS
Work consists of planning, organizing, directing, supervising and managing community parks
and recreation services by applying current professional methods and practices in conformance
with applicable statues, regulations and policies. Participates as a member of the Mayor's
leadership team in setting and supporting Administrative policy and direction, and
communicating administrative policy and direction internally and externally.
ESSENTIAL JOB DUTIES
Professional Services: Provides information, data and advice supportive to thc development of
policy and legislation related to the preservation of open space, urban landscaping, parks and
recreation facility acquisition, and construction. Manages the maintenance and safe operation of
parks, recreation facilities and programs. Directs and implements recreation and community
organized sports, recreation and leisure programs of interest to various age groups and assures
access to appropriate public facilities and equipment for sports and leisure activities.
Department Operations: Directs and implements changes to department services and funding
levels, operating policies, standards, procedures and rules. Monitors budget and service contract
and compliance control systems. Establishes work methods, selects operating systems,
equipment and procedures. Prepares reports on department activity and operations.
Program Budgeting: Describes and quantifies program activity, trends and resources; establishes
objectives; justifies and presents funding requirements for department programs' short and long
range resource allocation levels for personnel, services and supplies, capital equipment and
facilities acquisition, maintenance and repair for the department as a whole and for special
departmental projects.
Department Organization: Establishes the internal organizational structure of the department:
assigns duties to positions, arranges for classification of positions, and obtains budget authority
for funding positions. Serves as appointing authority for all employees of the department.
Supervises and/or directs the supervision, selection, training, evaluation, discipline and discharge
of department personnel.
General City Management: Responds to inquiries f~om officials, staff, outside agencies and the
public. Participates in policy development considerations such as setting general budget
priorities, contract negotiation strategies, capital improvement programs, etc. Participates in the
activities of civic, community, and parks and recreation organizations. Performs other assigned
work which is consistent with the responsibilities assigned to the classification and necessary to
the operations of the department and/or the City.
REQUIRED QUALIFICATIONS
Knowledge and Abilities
o:o Principles, practices, methods and technical support functions of park and recreation
services;
· :o Current professional standards applicable to open space, parks and recreation services;
· :. Fundamental intent and basic provisions of municipal, state and federal f'mancing
mechanisms for open space, parks and recreation services;
o:o Techniques used for gathering, evaluating and summarizing parks and recreation department
service information in preparing budgets;
· :. Management, personnel and ethical practices as they apply to parks and recreation
department operations.
· :. Apply professional parks and recreation principles to specific service program operations;
· :. Interpret and apply the intent and specific provisions of laws and regulatory provisions to
particular conditions and determine a course of action;
· ~- Evaluate, plan and establish a proper sequence of action for multiple functional units and
personnel to accomplish goals;
· :. Provide verbal and written directives, information and advice to a wide variety of people and
officials;
· :. Persuasively and ethically communicate ideas and assert a point of view in complex or
controversial situations;
o:. Exhibit and instill in subordinates a high public service priority in contacts with the public
and others encountered in the work;
o:. Develop and implement open space, parks, facilities and recreation operating methods which
provide a high degree of environmental and human safety.
REQUIRED LICENSES AND CERTIFICATIONS
A VALID Washington State driver's license is required and must bc obtained prior to date of
appointment or another date set by the City.
MINIMUM QUALIFICATIONS
Graduation/~om an accredited college or university with a bachelor's degree preferably in parks
and recreation or a closely related field and seven (7) years of full-time paid experience in parks
and recreation work; at least two (2) of which involved preparing service program funding
justifications, and at least three (3) of which involved supervisory responsibility at the senior
management level; or any combination of training, education and experience which provides the
required knowledge skills and abilities. Excellent skills in written and verbal communications,
interpersonal relationships, problem solving, as well as a customer service orientation and sound
computer skills are essential.
LEGAL AND REGULATORY CONDITIONS OF EMPLOYMENT
Fair Labor Standards Aet: This position qualifies for exemption from the Fair Labor
Standards Act minimum wage and overtime provisions under the Act's Administrative and
Professional Employees exemptions.
Representation: This position is excluded from the non-uniformed bargaining unit pursuant to
Washington Public Employment Relations commission Decision No. 1346 - PECB dated the
19th day of January, 1982 under the second sentence reading, in relevant part: "Excluding ....
Department Heads, and their Assistants, Supervisors....".
Civil Service: The classification, as a Department head, is excluded from the Civil Service
pursuant to City Charter Section 33.
Appointment and Removal Authority: The position is filled by appointment by the Mayor
with confirmation by the City Council. Removal is at the will of the Mayor in conformance with
procedures established by the City.
Cary Bozeman ar ece:ve-
~ c~ozemon~ci.br emer ton.wa.
!239 4th 5~
~ ~r~n~ WA 98337
ffomoD oSOurc s
July 9, 2004
Kenneth J. Mickelsen
22723 SE 263a Cou~
Maple Valley, WA 98038
~: Le~er of Engagement
De~ Ken:
It is wi~ ~eat pleas~e to co~ yo~ appointment to the position of Director of P~ks &
Recreation pending focal approv~ by ~e City Co,cji. Your position is exempt and included
in ~e M~agement cl~sifications ~der BMC 2.50 m ~llows:
Position: Director
Depa~ment: P~ks & Recreation
Effective Date: August 2, 2004
~te of Pay: $ 3729.92 semi-monthly (Step 7, B~d 19)
($~9,518 ~nually)
Appointmen~emoval: Mayor
Supe~isor: Mayor
Benefits: Pursuit to BMC Chapter 2.50 (aRached)
Vacation: 25 days for 2004 (pro-rated)
Moving expenses: Not to exceed a m~imum of $1,500.00 with receipt(s) required
for reimbursement.
You ~e an "at will" employee ~d may be te~inated by the Ciw without cause at ~y time with thi~
(30) days notice. You may be te~inated for cause, without notice, ~d no severance pay shall be paid.
MICKELSE N - LeRerofEngagement
July 8,2004
Page I of 2
This letter shall constitute your terms and conditions of employment with the City and there are no other
written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter
2.50 of the Bremerton Municipal Code (copy atta_ched).
Please sign below indicating your acceptance of our offer of employment as outlined above for the City of
Bremerton.
Sincerely,
Cary E. Bozeman
Mayor
cc: Carol Conley, HR Director
ACCEPTANCE OF JOB OFFER:
I, KENNETH J. MICKELSEN, hereby accept employment with the City of Bremerton as Director of
Parks & Recreation, effective August 2, 2004 under the terms and conditions as set forth in this Letter of
Engagement.
SIGNATURE: DATE:
Kenneth J. Mickelsen
MICKELSE N - Letter of Engageraent
July 8, 2004
Page 2 of 2
Kenneth "KEI~' Mickelsen
The Process:
The City received 24 applications for the Parks & Recreation Director. Out of those, 5
applicants were selected to be interviewed by the selection panel consisting of: · Doren Nygren, Council President
· Betty Paterson, Central Lions Club President
· Tom Cressmon, Interim Parks & Recreation Director
· Scott Alexander, Half Pro end Supervisor of Hold Mountain Half
Course
The Mayor and I also participated in the interview process. The panel was unanimous in
recommending to the Mayor that the position be offered to Ken Mickelsen. The Mayor
then met with him separately on ~Tuly 1s* on a one-to-one basis during which he offered the
position to Mr. Mickelsen.
Backqround Information:
Ken brings to Bremerton over 30 years of extensive experience in the public sector as a
Parks & Recreation Director. He understands the challenges of operating
programs/facilities to be self-sustaining, and is strong believer in developing
public/private partnerships and in having the citizens themselves invest their time and
energy into the projects to develop the types of programs they believe ore important.
Education:
BA - Social Work ~ University of MINNESOTA
Work History:
ZOO3-Present - City of Maple Valley, WA os Parks Director;
79/2003 City of Ashland, OR Parks & Recreation Director;
While serving as Ashlond's Parks & Recreation Director, his overall departmental operation
included 637 aces of Parks and open space lands, and 10 miles of recreational and nature
trails. Facilities within the system included 19 playground sites, 12 tennis courts, 2
baseball/softball complexes, 1 soccer complex, 2 skateboard areas, o swimming pool, golf
course, a seosonal ice rink, o dog pork, an environmentol resource center, senior center and
community center.
74-79 City of Watertown, 5.DAK as Director Parks, Recreation & Forestry;
71-74 City of Brookings, 5 DAK os Recreation Director
DATE SUBMITTED: BILL
AGENDA BILL
CITY OF BREMERTON 3
CITY COUNCIL
SUBJECT: Approval of Claims and Checks Committee Meeting Date:
Register COUNCIL MEETING Date:
Department: Financ{al S~{wices
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: CONSENT AGENDA []
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to Approve:
1) Check#'s ax~.o/./'~'~/ tkrough~,,~/,~ andEFT's&30_~ through
I~'/~1'~ {a30(o in the amount of $
2) 'R~gular Payroll for the pay period ending ~ ~_~O...O,g in the amount of $ (,ROy&OS° ~'~
3) Retiree Payroll for the pay period ending _{a "'_gO--Offt5 in the amount of $ / ~/2.,9t'?o g! -
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
i
DATE SUBMITTED: JULY 7, 2004 BILL # /~ _~-
AGENDA BILL
CITY OF BREMERTON 3
CITY COUNCIL
SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A
JUNE 30, 2004 COUNCIL MEETING Date: JULY 14, 2004
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held JUNE 30, 2004.
ATTACHMENTS: Minutes for JUNE 30, 2004.
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
CO[NCIL ACTION: [] Approve I~ Den>' [] 'fable [] Continue [] No Actmn
TAPE#1956
CITY COUNCIL MEETING MINUTES
Wednesday, June 30, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 30, 2004, at 5:30 P.M.,
with Council President Daren Nygren presiding. Council members present were Mike Short, Will
Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad
Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative
Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Council Member Carol Arends.
President Nyqren made the following announcements:
1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 P.M. which
included a 20-Minute Executive Session to discuss "REAL ESTATE ACQUISITION" per RCW Chapter
42.30.110 (1)(b);
2. Items 3E and 3G will be pulled from the CONSENT AGENDA, and will be heard under NEW
BUSINESS as Items 4B and 4C; and
3. The Council will meet for a LEGISLATIVE REVIEW COMMI'FFEE immediately following the Council
Meeting to hear presentations on upcoming agenda items and to tour the ADMIRAL THEATER.
CONSENT AGENDA
A. Check numbers 291680 through 291853, EFT-6266 through EFT-6278, EFT-6270A, EFT-
6273A, and EFT-8257 in the amount of $2,074,410.95; Regular Payroll in the amount of
$971,417.12 for the pay-period ending June 15, 2004 (#AB04-117)
B. Minutes of Meeting - June 23, 2004 (#AB04-118)
C. Amendment to Pad-Time, Temporary, and Seasonal Employee's Policies & Procedures
(#AB04-119)
D. Bid Award for Anderson Creek Wellfield Improvements (#AB04-120)
F. Legal Services Agreement with Kitsap County for Prosecution Services (#AB04-122)
#0050 M/S/C (Priest/McConnell) Move to approve the Consent Agenda as presented.
Voted in favor of Motion: McConnell, Priest, Shepherd, Robinson, Arends, Maupin, Short, Nygren
Abstained: Gehring
Motion carried: 8-Yes; 1-Abstention
4A - PROFESSIONAL SERVICES AGREEMENT WITH CURRY ART GLASS FOR ART WORK IN
THE KITSAP CONFERENCE CENTER ROTUNDA (#AB04-124): Gary Sexton, Director of
Economic Development, explained that the Professional Services Agreement allows for the hire of
CURRY ART GLASS to design, create, make, and install blown glass art works in the Kitsap Conference
Center Rotunda. The $50,000 cost is being donated by the Bremerton Rotary Club.
He also requested that the City Attorney add an additional party, Lisa Stirrett of PACIFIC SEAS, to the
agreement due to her involvement in the design of the fish component of the artwork as well as
oversight of the project.
There were no comments from the public.
TAPE #1956
City Council Reg. Mtg. Minutes
Wednesday, June 30, 2004
Page 2 of 4
Mr. Ny.qren mentioned that prior to the Council Meeting, Council Members received a memorandum
from Mr. Lubovich., which suggested that language be changed to include a waiver of ownership of
the artwork as part of the agreement. Mr. Sexton agreed with the suggested change.
Ms. Arends commended the Rotary Club for their interest and donation to this project.
#0225 MISIC/U (Arends/Robinson) Move to approve the Professional Services Agreement, as
amended, with CURRY ART GLASS for the design, creation, and installation of a blown glass artwork in
the Kitsap Conference Center Rotunda; and authorize the Mayor to execute the agreement in
substantially the same form as presented.
4B - SUPPLEMENT NO, 2 TO PROFESSIONAL SERVICES AGREEMENT WITH EXELTECH
CONSULTING~ INC. FOR THE DOWNTOWN PEDESTRIAN/BTC ACCESS IMPROVEMENTS
PROJECT (#AB04-121): Mike Mecham., City Engineer, reported that this Supplemental Agreement
No. 2 adds scope and budget to the Professional Services Agreement with EXELTECH CONSULTING,
INC. to allow for additional environmental and design analysis of the alternatives for the Downtown
Pedestrian ! BTC Access Improvements project.
There were no comments from the public.
Mr. McConnell was concerned that funds for salaries would be used for hiring additional employees
to do the same work as current employees during the project timeline. Mr. Mecham responded that
the consultant has dedicated resources to cover the project, which may include hiring more
employees to complete the work required. Mr. McConnell also asked for clarification on what
alternatives the consultant would review. Mr. Mecham stated that the consultant would review the
tunnel and surface alternatives, and then compare those alternatives with a no-build alternative. The
supplement will allow both alternatives to be reviewed through the pre-design process whereas the
original agreement would have only reviewed one alternative.
Ms. Arends and Mr. Short each emphasized that both alternatives have been included throughout
the review.
Phil Williams., Public Works & Utilities Director, explained that after taking public input, the contract
needs to be amended to include the alternatives as part of the study.
Mr. McConnell asked for more information regarding the removal of bulb-outs at Park Avenue and
Burwell Street. Mr. Mecham answered that the removal of bulb-outs is being investigated to
determine the impact on pedestrians as part of a traffic study.
Mr. Shepherd provided his support for the inclusion of both alternatives in the contract, but voiced his
concern that public comments were not gathered through the Capital Improvement process already in
place.
Mr. NyRren asked if public comments would be included in the study. Mr. Mecham answered yes
and pointed out that comments on the environmental analysis would be taken after November.
Mr. Gehrin,q asked if the study addresses traffic impacts beyond the Burwell corridor. Mr. Mecham
responded that the traffic issues are addressed in the current form of the study.
Mr. Short supported the study but believed that the pedestrian overpass idea would be a waste of
money.
Mr. Maupin asked if the impacts of simultaneous ferry and shipyard traffic would be considered. Mr.
Mecham answered that this issue was being discussed, and that the shipyard is also currently
conducting their own study.
3
TAPE #1956
City Council Reg. Mtg. Minutes
Wednesday, June 30, 2004
Page 3 of 4
Ms. Priest asked if the surface alternative is being included due to public comment; and how long will
the timeframe be for public comments on the environmental review study. Mr. Mecham answered
yes; and following public meetings people will have one to two weeks to provide comments.
Mr. Ny.qren added that Council can extend the public comment period if necessary.
#1100 M/S/C (Maupin/Short) Move to approve Supplemental Agreement No. 2 to the existing
Professional Services Agreement with EXELTECH CONSULTING, INC.; and authorize the Mayor to
finalize and execute the necessary contract documents for the agreement.
Voted in favor of Motion: Priest, Shepherd, Robinson, Arends, Maupin, Short, Gehring, Nygren
Voted opposed to Motion: McConnell
Motion carried: 8-Yes; 1-No
4C - LETFER PROVIDING RECOMMENDATIONS TO KITSAP COUNTY REGARDING
PROPOSED KITSAP COUNTY COMPREHENSIVE PLAN AMENDMENTS (#AB04-123): Chris
Hu.qo, Director of Community Development, indicated that as a part of their annual Comp Plan
amendment process, Kitsap County has received application for two amendments that have potential
impacts on Bremerton's growth and development. One application proposes the conversion of 40
acres of Rural Residential designation to Urban Low Residential with a corollary expansion of the
Silverdale urban growth boundary. The other application is a proposed change of 11.74 acres from
Urban Low Residential and Urban Restricted to "Highway Tourist Commercial". It is in the City's
interest to provide comment to Kitsap Count on both applications as a part of the County's Comp Plan
amendment process.
There were no comments from the public.
Mr. Short explained that he had requested that this item be pulled down from the Consent Agenda
because he does not see any reason for the City to send a letter or be involved in the process at this
time. Mr. McConnell countered that the City must be clear that it can handle new population growth
and respond to the County. Mr. Hu,qo clarified that these proposals were initiated by land owners
and must be addressed in the review process.
Mr. Ny.clren clarified that this is not a formal appeal and that the City merely wanted to voice their
opinion as part of the record. Mr. Hu.qo added that how the City responds to the County regarding
proposed amendments will ultimately affect how the City considers changes to its own
Comprehensive Plan. Mr. Ny.clren concluded that communication between the City and County is
necessary to address the issue of land allocation.
#1450 M/S/C (Shepherd/McConnell) Move to direct Department of Community Development staff to
prepare a letter for the Council President's signature to Kitsap County expressing the City's
opposition to the application by GARY LINDSEY to amend the County Comprehensive Plan.
Voted in favor of Motion: Shepherd, Robinson, Arends, Maupin, McConnell, Priest, Nygren
Voted opposed to Motion: Short, Gehring
Motion carried: 7-Yes; 2-No
#1480 M/S/C (Priest/Maupin) Move to direct Department of Community Development staff to prepare
a letter for the Council President's signature to Kitsap County expressing the City's qualified support
for the application by GLOBAL INVESTMENTS LTD. - KITSAP TRANSIT to amend the County
Comprehensive Plan with conditions as outlined in the Department of Community Development staff
report.
TAPE #1956
City Council Reg. Mtg. Minutes
Wednesday, June 30, 2004
Page 4 of 4
Voted in favor of Motion: Robinson, Arends, Maupin, McConnell, Priest, Shepherd, Nygren
Voted opposed to Motion: Short, Gehring
Motion carried: 7-Yes; 2-No
With no further business, the meeting of the City Council was adjourned at 6:22 P.M. The Council
then reconvened in the Council Conference Room for a LEGISLATIVE REVIEW SESSION to hear
presentations on upcoming agenda items and to take a tour of the ADMIRAL THEATER.
Prepared and Submitted by:
CHRISTINE GRENIER ELLINGSON
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
City of Bremerton
DN/CH/is/cge
5
DA'FE SUBMITTED: June 21, 2004 BILL
AGENDA BILL
CITY OF BREMERTON 3
CITY COUNCIL
SUBJECT: Architectural Se~ices for ~e Co~ittee Meeting Date: J~e 30, 2004
Do~to~ Bremeno~in Luther King CO~CIL MEET~G Date: Julx 7, 2004
Jr. Libr~ Depmment: Finite
Presenter: Michael R. Wilson
Phone: 473-5590
SUMMARY: A commi~ee compiled oft~ee ciW staffand m'o Bremenon Region~ Libr~ s~f
inte~iewed c~didates to perfo~ mhtec~al se~ices for ~e Domto~ Breme~o~in Luther
King Jr. libr~y renovation project. Miles Y~ich & Comply w~ selected by the comi~ee to
peffo~ architectural se~ices and prep~e "record drawings" for the libr~y since such as-built
&awings ~e not av~lable. A contract wi~ ~. Y~ich's comply in ~e mo~t not to exceed
$38,000 for libr~ ~chit~ se~ices ~d up to $14,986 for ~e prep~ation of "record &awings"
for the libr~ h~ been prepped for approval by the City Co~cil.
ATTACHMENTS: AIA Con.ct be~een ~e City ofBreme~on ~d Miles Y~ich & Comply
FISCAL IMPACTS (Include Budgeted ~ounO: The library capital project budget of $419,000 h~
~nds set aside in the mo~t of $52,98~ for ~chitectural se~ices.
1
~PROVALS: / ~ ~
DEPARTMENTDI~CTOR: C~(~ ~ ffM~,~- ~
CITY A~ORNEY: ~ ..'~~ /
F~ANCE DI~CTOR: Z~ 3~L ~/~';~
MAYOR: f ~ ~
OPE~TIONS: [x, ~ F ~ k. ~ f~ CONSENT AGEND
CO~CIL P~SIDENT: ~ ~~ N
~COMMENDED MOTION: i move to approve e a~ached agreement wi~ Miles Yanich &
Company to pe~o~ ~chitec~al se~ices for ~e Do~to~ Breme~o~M~in kuther King Jr.
lib~ [enovation project in an mount not tq e3ceed :~j 9 ~ OO {~[~, ~¢( preparation of
li)r~ record drawing?~ ~o e~te~ J/~ ?~a~d ~k~}~ k ~, ~ ~¢~
COUNCIL ACTION: ~ Approve ~ Deny ~ Table ~ ComMue ~ No Action
6
PROFESSIONAL SERVICES AGREEMENT
Martin Luther King Library - Bremerton
The City of Bremerton ("City") and Miles Yanick & Co. ("Consultant") referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated June 23, 2004, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed fifty two thousand nine hundred eighty-six
dollars ($52,986) of which the Record Drawing Preparation, as outlined in Exhibit D, shall not
exceed fourteen thousand nine hundred eighty-six dollars ($14,986). Consultant's charges and
bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by
this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit B.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit B.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement. Payments by the City to Consultant shall be
in accordance with Exhibit C.
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IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
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VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
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9
VII. General Conditions:
A. Reports and Information: When requested by thc City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall bc furnished in thc time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Usc of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement arc thc
property of the City. All written information submitted by the City to thc Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bainbridge Island, Washington. Consultant shall make such data,
documents, and files available to the City upon its request at all reasonable times for the purpose
of editing, modifying and updating as necessary until such time as the City is capable of storing
such information in the City's offices. Duplicate copies of this information shall be provided to
the City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Consultant to Maintain Records to Support Independent Consultant Status: On the
effective date of this Agreement (or shortly thereafter), Consultant shall:
1. File a schedule of expenses with the Internal Revenue Service for the type of
business Consultant conducts;
2. Establish an account with the Washington State Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
employers, register to receive a unified business identifier number from the State
of Washington; and
3. Maintain a separate set of books and records that reflect all items of income and
expenses of Consultant's business, all as described in the Revised Code of
Washington (RCW) Section 51.08.195, as required to show that the services
performed by Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties which is subject to RCW Title 51,
Industrial Insurance.
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D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bainbridge Island, Washington. Meetings with the City staff as
described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations
mutually agreed upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
G. Severabilit¥: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address Consultant Address
City Clerk Miles Yanick
239 Fourth Street 600 Winslow Way E, #247
Bremerton, WA 98337 Bainbridge Island, WA 98110
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
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M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
N. Attomeys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60)
days notice to the other Party. This Agreement may be immediately terminated for cause by a
Party if the other Party substantially fails to perform through no fault of the terminating Party,
and the non-performing Party does not commence correction of the failure of performance within
thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement. Termination shall be
effective ten calendar days after Consultant's receipt of the written notice by certified mail.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
Bremerton/Miles Yanick & Co.
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without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY OF BREMERTON CONSULTANT
By: CARY BOZEMAN By: MILES YANICK
its: Mayor its:
Date: Date:
Approved as to form: Attest:
Bremerton City Attorney City Clerk
R:\LEGAL\ContractshrORMS~Professional Services Agreement Form (2003).doc
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Page 7 of 7
EXHIBIT A SCOPE OF WORK 6/23/04 Page I
Downtown Bremert0n/Martin Luther King Jr. Library Project
June 11, 2004
Vision
The Bremerton Downtown/Martin Luther King Jr. Library shall be a multi-use, diverse
resource facility serving as a community focal point.
Objectives
1) Serve as community memory piece tying the past to the future - theme is the old
meets new (Library, Admiral Theatre and post office versus the new Government
Center, Conference and other new downtown facilities)
2) Self-service facility offering diverse programs and services
3) Improve public use through interior and exterior improvements, make the facility
more colorful/artistic, more welcoming - "jazz up the place to bring the public
back"
4) Enhance the m-deco style and community character of the building
5) Make it a key walkable-destination facility for the public that will not be
dependent upon parking
6) Focus on use by downtown residents & employees who work in the downtown
core
7) Provide more new and diverse materials/resources in a more attractive and fun
environment to attract patrons
Priorities (project phasing)
1) Roof repairs
2) Replace windows with art deco style
3) Exterior improvements w/focus on front of the building, front entrance/doors,
building color, landscaping, & signage. Convert bathrooms under entrance
stairs to maintenance/equipment storage. Prepare outside courtyard area for
placement of tables and benches (book reading, lunch)
4) Interior of building priorities:
upgrade lighting with art deco style
rotunda and skylight/dome
· ceiling file replacement
· new restroom
· HVAC system
· carpeting
· trim/woodwork
· interior window treatment
34.
DOWNTOWN BREMERTON/MARTIN LUTHER KING JR. LIBRARY
2004 CAPITAL RENOVATION PROJECT BUDGET
10-Jun-04
PROJECT EXPENSE
Exterior
Reroofing and weatherization $7,000
Exterior restoration, painting and coating 15,500
Entry lighting, fiber optics infrastructure 7,000
Replace exterior doors 6,000
Replace art deco style windows 60,000
Landscaping, signage, irrigation 5,000
Interior
Replace acoustical ceiling tiles 10,000
Painting, including decorative work 22,500
Replace flooring at main floor 38,000
Plumbing upgrades 20,000
Casework, trim and millwork replacement 10,000
New handicap accessible restroom 18,500
Replace lighting at main floor 25,000
Technology infrastructure upgrades l 0,000
Electrical upgrades 12,500
HVAC ststem upgrades for air delivery 12,500
Sub-total 279,500
General Contractor Overhead & Profit 13.50% 37,733
Subtotal - Construction Expense 317,233
Washington State Sales Tax 8.60% 27,282
Consultant Services:
Architectural & Engineering 12.00% 38,068
Record drawings - architect 14,986
Administration, Bidding & Estimating Contingency 1.50% 4,758
Permits and fees 2,504
Subtotal - Project Expense 87,598
Subtotal - Combined Construction & Project Expense 404,831
Project Contingency 3.50% 14,169
Total Expense $419.00~0
PROJECT REVENUE
CDBG Grant 100,000
Gates Foundation Grant 100,000
Friends of the Library 19,000
City of Bremerton 100,000
Kitsap County 100,000
Total Revenue $419.00~0
07/~8/2004 11:04 2067801201 MILES V~NICK ~ CO, PAGE
ARTICLE 1 ARCHITECT'S RESPONSllIILITIES
1,1 '].'he services performed by the ArchitecL Architect's employees and Architect's consultants
shall be as ennmerated in Articles 2, 3 and
1.2 The Architect's services shal! 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 may be
adjusted as the Pt<,ject proceeds. This schedule 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 Owner shall
not, except for reasonable cause, be exceeded by the Architect or Owner.
1.3 The Architect shall designate a representative authorized to act on behalf of the Aa<hitect
with ~spect to the Project.
1.4 The services covered by this Agreement are subject to the time limitations contained in
Subparagraph
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION
The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any
other services identified in Article m as part of Basic Services, and include normal structural,
mechanical and electrical engineering services.
2.2 SCH{MATIC 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 s"ch requirements with
the Owner.
1.1.2 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 limitations set
forth in Subparagraph 5.2.1.
2.2.1 The Architect shall review with the Owner alternative approaches to design and
construction of the Project.
2.'i'.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
'Documents consisting of drawings and other documents illustrating the scale and relationship of
Project components.
2.1.B The Architect shall submit to the Owner a preliminary estimate of Construction Cost
based on current area, volume or similar conceptual estimating techniques.
2,3 DESIGN DEVELOPMENT PHASE
2.3.1 BaSed on the approved Scheroatic Design Documents and any adjustments authorized by
the Owner in the program, schedule or construction budget, the Architect shall prepare, for
approval by the Owner, Design Development Documents consisting of drawings and other doc-
uments to ~x and describe the size and character of the Project as to a~chitectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate.
2.1.2 The Architect shall ad'rise the Owner of any adjustments to the preliminary estimate of
Construction CostI
2-4 CONSTRUCTION DOCUMENTS PHASE
2,4.1 Based on the approved Design Development Documents and any furthex adjustments in
the scope or quality of the Project or in the construction budget authorized b), the Owner, the
.architect shall prepare, for approval by [be Owner, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the constru<tion of the
Project.
2.4.2 The Architect shat] assist the Cb,~rner in the preparation of the nece~ary bidding
information, bidding forms, the Conditions of the Contract, and the form of Agreement between
the Owner and Contractor.
2,a.a The .architect shall advise the Owner of any adjustments to previous prcliminatT
estimates of Construction Cost indicated 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
The Architect, following the Owner's approval of the Construct/on 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-ADMINISl'RA¥ION OF THE CONSTRUCTION CONTRAC1~
2.~i.1 The Architecfs responsibility to provide Basic Services for the Construction Phase under
this Agreement commences with the award of the initial Contract for Construction and
terminates at the earlier of the issuance to the Owner of the final Certificate for Fa)nnent or 60
days after the date of Substantial Completion of the Work.
2.$.2 The Architect shall provide administration of the Contract for Construction :~s set forth
below and in the edition of AIA Document Aam, General Conditions of the Contract for
Construction. current aa of the date of this Agreement, unless otherwise provided in this
Agreement. Modifications made to the General Conditions, when adopted as part of the Contract
Documents, shall be enforceable under this Agreement only to the ex'tent that they are consistent
with this Agreement or approved in writing by the Architect.
...... ............... 2.8.a Duties, responsibilities and limitations of authority of the Architect under this Paragraph
2.6 shall not be restricted, modified or extended without written agreement of the Owner and
Architect with consent of the Contractor, which consent will not be unreasonably withheld,
2.8.4 The Architect shall be a representative of and shall advise and consult with the Owner
during the administration o f the Contract for Constrm-~fion. The Architect shall have authority to
act on behalf of the Owner only to the extent prodded tn this Agreement unless otherwise
modified by written amendment.
2.~,5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate
to the stage of the Contractor's operations, or as othezwise agreed by the Owner and tho* Architect
in Article ~z, 0) to become generally familiar with and to keep the Owner informed about the
progress and quality of the portion of the Work completed, (~) to endeavor to guard the Owner
against defects and deficiencies in the Work, and (3) to determine in general if the Work is being
performed in a manner indicating that the Work, when fully completed, will be in accordance
with the Contract Documents. However, the Architect shall not be required to make exhaustive or
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continuous on-site inspections to check the quality or quantity of the Work. The Architect shall
neither have control Over or charge of, nor be responsible for. the 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 rights and responsibilities under the Contract
Documents.
:l.$.6 The ~Xxchitect shall report to the Owner known deviations from the Contract Documents
and from the most recent construction schedule submitted by the Contractor. However, the
Architect shall not be responsible for the Contractor's failure to perform the Work in accordance
wSth the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not
be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons or entities performing portions of the Work.
1.&.? The Architect shall at all times have access to the Work wherever it is in preparation or
progress.
z.$.g Except as otherwise provided in this Agreement or when direct communications have been
specially authorized, the Owner shall endeavor to communicate with the Contractor through the
Architect about matters arising out of or relating to the Contract Documents. Communications
by and with the Architect's consultants shall be through the Architect.
2.$,§ CERTIFICATES FOR PAYF4ENT
2.6.9.1 'File Architect shall review and certify the amounts due the Contractor and shall issue
certificates in such amounts.
2.$.9.1 The Architect's certification for payment shall constitute a representation to the Owner,
based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data
comprising the Contractor's Application for Payment, that the Work has progressed to the point
indicated and that, to the best of the Architect's knowledge, information and belief, the quality of
the Work is in accordance with the Contract Documents. The foregoing representations are
subject (~l to an evaluation of the Work for conformance w/th the Contract Documents upon
Substantial Completion, (2) to results of subsequem tests and inspections, (3) to correction of
minor deviations from the Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Architect.
1.&.9.1 The issuance of a Certificate for Payment shall not be a representation that the Amhitect
has (l) made exhaustive or continuous on-a~te inspections to check the quality or quantity of the
Work, (z) reviewed construction means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained
how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
1.$.10 The Architect shall have authority to reject Work that does not cortform to the Contract
Documents. Whcne¥¢r die Architect considers it necessary or advisabLe, the Architect shall have
authority to require inspection or testing of the Work in accordance with thc provisions of the
Contract Documents, wbether or not such Work ts fabricated, installed or completed. However,
neither this authority of the Arch/tect nor a decision made in good faith either to exercise or not
to exercise such authority shall give rise to a duty or responsibility of the Al~chitect to the
Contractor, Subcontractors material and equipment suppliers, their agents or employees or other
persons or entities performing portions of the Work.
87/88/208~4 11: O~ 20~7801Z81 ~,IlI_KS ¥~N~CK ~ CO. PA6E 87
Z6,H The Architect shall review and approve or take other appropriate action upon the
ContraCtor's submittals such as Shop Drawings, Product Data and Samples, bat only fo!' 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 mcl-. reasonable
promptness as to cause no delay {n the Work or in the activities of the Owner, Contractor or
separate contractors, while allowing sufficient time in the ,architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determin-
ing the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Contractor as 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 any construction means, methods, techniques, sequences or
procedures. The Architect's approval of a spedfic item shall not indicate approval of ~n assembly
of whlch the item is a cnmponent.
2.6.11 I f professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of the Contractor b~' the Contract Docurnents,
the Architect shall specify appropriate performance and design criteria that such se~¥ices must
satisfy. Shop Drawings and other submittals related to the Work designed or certified by the
design professional retained by the Contractor shall bear such professiona?s written approval
when submitted to the AtchitecL The Architect shall be entitled to rely upon the adequacy,
accuracy and completeness of the services, certifications or approvals performed by such
design professionals.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup_
porting documentation and data if deemed necessary by the Architect as provided in
Subparagraphs 3.t.t and 3-3.3, for the Owner's approval and execution in accordance with lhe
Contract Documents, and may authorize minor changes in the Work not involving an adjustment
in the Contract Sum or an ertension of the Contract Time which are consistent with the intent of
the Contract Documents.
1.6.t4 The Architect sh',dl conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion, shall receive from the Contractor and for ~a~d to the
Owner, for the Owner's review and records, written warranties and related documents required by
the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for
Payment based upon a final inspection indicating the Work complies with the requiremems of the
Contract Documents.
1.5.1~ The Architect shall interpret and decide matters concerning performance of the Owner
and Contractor under, and requirements of, the Contract Documents on written request of either
the Owner or Contractor. The Architect's response to such requests shall be made in witting with-
in any time limits agreed upon or otherwise with reasonable promptness.
2.6.1~ Interpretations and decisions of the Architect shall be consistent with the i.ment of and
reasonably inferable fi.om the Contract Documents and shall be in writing or in the form of draw-
ings. When making such interpretations and initial decisions, the Architect shall endeavor to
secure faithful performance by both Owner and Contractor, shall not show partiality to either,
and shall not be liable for results of interpretations or decisions so renctered in good fidth.
2.$.t? The Architect shall render initial decisions on claims, disputes or other matters :n question
between the Owner and Contractor as provided ill the Contract Documents. However, the
Architecfs decisions on matters relating to aesthetic effect shall be final if consistent with the
intent expressed in the Contract Documents.
Illm
3_9
87/08/2084 11:84 2D67801201 NILES YAf',IZCk g, CE}, PAGE 88,
2.$.1~ The ,'~rchitect's decisions on claims, disputes or other matters in question between the
Owner and Contractor, except for those relating to aesthetic effect as provided itl Subparagraph
2.6.17, shall be subiect to mediation and arbitratiol~ as provided in this Agreement and in the
Contract Documents.
ARTICLE 3 ADDIfIONALSERVICES
3.1.1 The services described in this Article 3 are not included itt Basic Services unless so
identified in Aa'tide t2, and they shall be paid for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and
3-4 shall only be provided if authorized or confirmed in writing by the Owner. If services described
under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond
the Architect's con~rol, the .Architect shall notify the Owner prior to commencing such services.
If the Owner deems that such services described under Paragraph 3.3 are not ~qulred, the Owner
shall give prompt written notice to the Architect. If the Owner indicates in writing lhat all or part
of such Contingent Additional Services are not required, the Architect shall have no obligation 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 carrying out
such additional on-site responsibilities.
:~.ZI Project Representatives shall be selected, employed and directed by the Architect, and the
Architect shall be compensated therefor as agreed by the Owner and Architect. The duties,
responsibilities and limitations of authoriW of Project Representatives shall be as described in the
edition of AIA Document B35a current as of the date of this Agreement, unless otherwise agreed.
S.I.~ Through the presence at the site of such Project Representati~s, the Architect shall
endeavor to provide further protection 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_
CONTINGIrNT ADDITIONAL SERVICES
Making revisions in drawings, specifications or other documents when such revisions are:
.t inconsistent with approvals or instructions previously given by the Owner, including
revisions made necessary by adjustments in the Owner's program or Project budgtt;
.z required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents; or
~ due to changes reqmred as a result o~' the Owner's failure to render decisions itl a
timely manner.
~3.2 Providing services required because of significant changes in the Project including,
but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction, except for services required trader Subparagraph
5.2.5.
!t.3,~ Preparing Drawings, Specifications and other documentation and supporting data,
evaluating Contractor's proposals, and providing other services in connection with Change
Orders and Construction Change Directives,
3-3 a Providing services in connection with evaluating substitutions proposed by the Contractor
and making subsequent revisions to Drawings, Specifications and other documentation resulting
therefrom.
87/88/2804 11:84 2867881281 ~IILES VANICk: ~ CO. PAGE 89
]3.5 Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replaCement of such
Work.
t~1.6 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 th~ Contract for Construction.
11.? Providing services in evaluating an extensive number of claims submit!ed by the
Contractor or others in connection with the Work.
t3.8 Providing services in connection with a public hearing, a dispute resolution prc~zeeding or
a legal proceeding except where the Architect is party thereto.
:~,~.~ Preparing documents for altemate~ separate or sequential bids or providing services in
connection with bidding, negotiation or construction prior to the completion of the Construction
Documents Phase.
3.4 OPTIONAL ADDITIONAL SER¥1CE$
1,43 Providing analyses ot' the Owner's needs and programming the requirements of the
Project.
Prov/ding financial feasibility or other special studies.
Providing planning surveys, site evaluations or comparative studies of prospective sites.
Providing special surveys, environmental studies and submissions required for approvals
of governmenta! authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems and equipment, :
:~,4.~ Providing serv/ces to investigate existing conditions or facilities or to make .measured
drawings thereof.
~.4.? Providing services to verify the accuracy of drawings or other information f~mi~,hed by the
Owner,
t.4.8 ,Providing coordination of construction performed by' separate contractors or by the
Owner's own forces and coordination of services required in connection with construction
performed and equipment supplied by the Owner.
~.4.~ Providing services in connection with the work of a construction manager or separate
consultants retained by the Owner.
tl.4.tO Providing detailed estimates of Construction Cost.
t.4.11 Providing detailed quantity surveys or inYentones of material, equipment and labor.
~,4,1~ Providing analyses of owning and operating costs.
$.4,15 Providing interior design and other similar services required for or in connection with the
selection, procurement or installation of furniture, furnishings and related equipment
07,/08/2004 11:04 206780120~ ~ILES Y~NIC~i 8, 013. PA~SE t0
3.4,1,( Providing services for planning tenant or rental spaces.
~1.4,15 Making investigations, inventories o£ materials or equipmevt, or valuations and detailed
appraisals of existing facilities.
3.,(.16 Preparing a set of reprodncible record drawings showing significant changes in the Work
made dnring construction based on marked-up prints, drawings and other data furnish~l by the
Contractor to the Architect.
3.4,17 Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3~4.t8 Providing services after issuance to the Owner of the final Certificate for Payment, or in
the absence of a final Certificate for Payment, more than 6o days after the. date ol: Substantial
Completion of the Work.
3.~,.15 providing services of consultants for other than architectural, structural, mechanical and
electrical engineering portions of the Project provided as a part of Basic Services.
3,4.20 Providing any other gm, ices not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural practice.
ARTICLE 4 OWNER'S RESPON$1atLITiE$
4A The Owner shall provide full information in a timely manner regarding requirements for
and limitations on the Project, including a written program which shall set forth the Owner's
objectives, schedule, constraints and criteria, including space requirements and relationships,
flexibility, expandability, special equipmem, systems and site requirements. The Owner shah
furnish to the Axchitect, within ~5 days after receipt of a written request, information necesSary
a.nd relevant for the Architect to evaluate, give notice of or enforce lien rights.
4.2 The Owner shall establish and periodically 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.
,(.l The Owner shall designate a representative authorized to act on the Owner's behalf with
respect to the Project. The Owner or such designated repn:sentative shall render decisions in a
timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonaN¢ delay in the orderly and sequential progress of the Architect's services.
4.,( The Owner shall fnrnish snrveys to describe physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The surveys
and legal information shah include, as applicable, grades and lines of streets, alleys, pavements
and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data with respect to existing buildings, other improvements and trees;
and information concerning available utility services and lines, both public and private, above and
below grade, including inverts and depths. All the information on the survey shall be referenced
to a Project benchmark.
4.5 The Owner shall furnish the services of geotechnical engineers when such services are
requested by the Architect. Such services may include but are not limited to test borings, test pits,
87/88/2884 11:84 206780I;201 MILES ¥'ANICK ~ CO, PAGE
determinations of soil bearing values, percolation tests, evaluations of hazardous materials,
ground corrosion tests and resistivity tests] including necesaary operations for anticipating subsoil
conditions, wRh reports and appropriate recommendations.
4.6 The C~.vner shall furnish the services of consultants other Lhan those designated in
Paragraph 4-5 when such services are requested by the Architect and are reasonably required by the
scope of the Project.
4,1 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water
pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections
and reports required by law or the Contract Documents.
4.a The Owner shall furnisb all legal, accounting and insurance ser-.'ices that may be necessary
at any' time for the Project to meet the Owner's needs and inte~es[s. Such services shall include
auditing services the Owner may require to yeti6/the Contractor's Applications for lh/ment or
to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of
the Ownen
4,~ The services, information, surveys and reports required by Paragraphs 4,4 through 4.8 shall
be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the
accuracy, and completeness thereo£
~.10 The Owner shall provide prompt written notice to the Architect if the Owner ~ecomes
aware of any fault or defect in the Project, including any errors, omissions or incons:stencies in
the Architect's Instruments of Service.
ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION
5.L! The Construction Cost shall be the total cost or, to the extent the Proect is not
completed, the estimated cost to the Owner of all elements of the Project designed:or specified by
the Architect,
~,I.1 The Construct/on 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, including the costs of management or supervision of cc,nstruction
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.
8.1.l Construction Cost 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 respon-
sibility of the Owner as provided in Article 4.
5,2 RESPONSIBILITY FOR CONSTRUCTION COST
5,2,1 E aluat~ons of the Owner s Pro eot budget, the prehmmary esbmate of Construction Cost
and detailed estimates of Construction Cost, if any, prepared by the Architect, repre*em the
Amhitect's iudgment as a design professional familiar with the construction indnstry. It is
recognized, however, that neither the Architect nor the Owner has control Over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, 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 fi'om the Owner's Project
budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the
Architect,
23
07/08?2004 iI~Oq 20B78012~1 MILES YAN~C~ & CO~ PAGE
$,2.~ NO t~ecJ limit o~' Construction Cost shall be cstabllshed ;.ts a cvndiLion of this Agreement
bv the furnishing, proposal or establishmem of a Project budget, unless such fixed hmit h~ ~en
a~reed upon in writi~g and si~n~ by the p~rtics hereto. If such a fixed limit has been established.
the Architect shall be permlttcd to include conti~en¢iu~ for design, bidding and price esc~latiom
to determine wh~t materinls, equipment, component systems and types of constructbn ~re to ~
included ~n ~he Co~tmct D~uments, to m~c reasonable adjustments in the scope oF the Project
and to ~nclude in thc Contract Documents aRernate bids ~s ~ay be necessa~ to ~djus~ the
Construction Cost ~o thc fixed bmR. Fix~ timit~, ~f ~ny~ shatl be increased in ~he ~mount o[ an
increase in thc Contract Sum occurring after execution oF the Contract for Construction.
~.l,~ [[ ~he Biddin8 a~ Negotiation Phase has not commenced wRhin ~o da~ after the Architect
submits the Construction D~uments to the Owner, any Project budB~ or fixed limit of
Cons~ructio~ Cost shall b~ ~djust~d to reflect changes in thc general level o[ prices in the
constrttc~ion industr-
Y.2.4 if a fixed I/mit of Co~st~ctton Cost (adjusted as provided in Subparagraph S-~-3) i;
e~ceedcd by the lowest bona fid~ bid or negotiated proposal the Owner shatl:
give written approval of an incre~ in such fixed limit;
nuthofize rebiddlng or ren~otlatlng o[the Projec~ within ~ ~sonnble time;
~em~inate in ncco~nce ~th Paragraph 8.s: or
cooperate in revising the Proiect scope ~nd quality as reqmred to reduce the
Construction Cost.
S,2.~ If the Owner chooses to p~ceed under CIausc S,z,~4, the Architect, wRhout additiona~
compens~tiota, shall m~i~ the d~uments for which the ~chitect is responsible under this
Agreement as necessa~ to comply with the fixed limit. ~F est~btished as a condition of th[s
Ag~ement, The modification oF such d~uments without cost to the Owner shall be the limit of
the ~chltect's responsibility under this Subparagraph ~.z.5. The Architect shall be entitled to
compensation in acco~ance w[~ this ~reement for all services performed whether or not the
Const~ction Ph~e is commence.
E~cmlllT B
MILES YANICK + COMPANY
ARCHITECTURE LANDSCAPE DESIGNERS PLANNERS
Hourly Rate Schedule - Multiple of Direct Pemonnel Expenses (June 2002)
~ o~ D~mct ~nel Ex~ in~ude~ direct ~alarte~ of ~e Arel~tecfs personnel, and the po~lion of lhe cost of
rrmndltofy end custommy conthbutiona end bermfits ndated Ihes, eto, sucll ae f~leral, state and local employment taxes and
olher statutory employee benefits, insurance, sick leaYe, holidays, v~catlons, pension and ~imJlar con~bulio~ls and beneflt~.
IF~ e.v. emple: Empioyse Hourly Rate
~I~D~ll [~:~a,!g~L,~ Blllina R~te
12.10 x 3.06
~ ~ Dasm~iotlon of Prtmlrv l~lenormlbllltJee
I. Mlle~ Yaniok, P~nelpel $94 / hour Prfmery an~ltectural and I~ndscape desigr~
Benior Project Arct~tect scheduling; mset~ with client end govem-
Proffct Manager merit agencies; presentations,
& cost estimates; field inspections.
IL Regiaten~d AIT. hiIect ~ hour Total qualify management, f~'oduction of
Senior Designer ~truc~on contract documents, docunmnt ccor(~i-
nation, land~cape design, cost estimates.
IlL Registered An;t~itect $76 / hour Project manager; amhttectural end ~ design;
Designer programming; scheduling; meetings w~h
Project Manager and government agencies; pr~entations;
apeciflcation~ & ccat aslimatea; quality
preparation of construction dmwlt,,gs, techr,ical
contract management; field inspections.
IV. Registered Architect ~661 hour Construction contract document productioe teem
Design Production Manager leader, technical and design assistance ar~;I
Senior Oraftapemon cost estimates; quality control.
v. Landscape An:hltect S~e / hour Asasts amhRects v/~ design an~ preparation o~
Interior Designer lind.:ape s~te development plans, intel. Or design
Other Speclalm' t I~ans. of other speolalizad infom~atio~ end plans;
documematlon, ~ions end co~t estimates.
VI. Intermediate Dralflperion $~0 / hour Preparation of production drawings end presents-
VIL Ju/lJor Ora~tsper~on ~41 / hour tion malarial; code research; governmental
agency llaleon.
.VIII. Administrator $39 / hour Job co~t accounting, prolect scbeduio upd~tes,
Drafting A~tstant research, drawing, and document paste-up and
pmducticn
REIMBURSABLE
C,o,nsultant Fees: Coat +
Includes 81p__,c~__,ral, mechanical, electrical, and civil enginser~; interior and graphic designer~; specla~ consultants, e~c
Retmbumab~e Expenses Inctx'md on Behalf of Client: Cost .,, 18%
(e.g. fiang fees. other fees. ~x~tage & ~hipptng, report & dr. wing reproduc~on, special services & supplies)
In-House Expense~: B~uep,.tnts: ~2.75 / sheet Mileage: $0.35 ! mile
CAD p~ots; $13.50 / sheet Per Diem: $50 / Pemon ! day
All accounts ere due in full upon receipt of invoice,
Interest at the rate of 1.5% per month will be chargm:l on accounts due over 30 days.
PAYM'ENT$ TO THE ARCHITECT
Payments on account of services rendered and for Reimbursable Expenses incurred shall
.... :__ Ae.~ · ..~.;,o~t'; statement of services No deductions shall
be made monthly upon presen~auvn u~u,~ ,-- ........ '
be made from the Architect's compensation 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 adjudged to be liable.
Reimbursable Expenses a~e in addition to compensation for the Architect's services and
ir~clude expenses ~iacurred by the Architect ~nd Architect's employees and consultants directly
related to the Project, a~ identified in the following Clauses:
.~ transportation in connection with the Project, authorized out-of*tow~a travel and
subsis"tence, and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
~ reproductions,, plots, standard form documents, postage, handling and delivery of
InsU~aments of Service;
.~ expense of overtime work requiring higher than regular rates if authorized in advance
by the Owner;
.s renderings, modeks ~d mock-ups requested by the Owner;
.~ expense of professional liability insurance dedicated exclusively to this Project or the
expense of additional insurance coverage or limits requested by the Owner in exes:ss of
that normally carried by the Architect and the Architect's consultants;
.~ reimbursable expense~ as &signated in Paxagraph ~.5.5;
.~ other similar direct Project-related expenditures.
Records of Reimbursable Expenses, of expenses pertaining to s Change in Services, ~ad of
services performed on the basis of hourly rates or a multiple of Direct Personnel Expense sh.flt be
available to the Owner or the Owner's authorized representative at mutually convenient tim. es.
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel
engaged on the Project a~d the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such .as employment taxes and other statutory
employee benefits, iiasurance, sick leave, holidays, vacations, employee retirement plan:; and
similar contributions.