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HomeMy WebLinkAbout4679 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4679 HECKER ARCHITECTS PS Architect Services for BKAT Studio Finance LEG 12-1 12/12/2007 04/30/2008 02/15/2011 01/01/2011 PROFESSIONAL SERVICES AGREEMENT Hecker Architects, PS - Architect Services for BKA T Studio The City of Bremerton ("City") and Hecker Architects, PS ("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 October 29, 2007, 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 VILG. 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. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) ofthis agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $36,200 . Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C 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 C. 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 C. 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. BremertonlHecker Architects,PS Architect Services Page 1 of7 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. BremertonlHecker Architects,PS Architect Services Page 2 of7 The provisions of this section shall survive the expiration or termination of this Agreement. 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 Liabilitv 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 (XCV) if applicable; and employer's liability; and 3. Excess Liabilitv 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. BremertonlHecker Architects,PS Architect Services Page 3 of7 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. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the 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 Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the 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 Bremerton, 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. 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. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, 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. Bremerton/Hecker Architects,PS Architect Services Page 4 of7 E. 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. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st 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. Ci ty Address Consultant Address City of Bremerton Attn: Director of Financial Services 345 6th Street, Suite 600 Hecker Architects, PS 2009 Harkins Street Bremerton, WA 98337-1873 Bremerton, W A 98310 1. 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. J. Non-Waiver of Breach: The failure ofthe 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. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. 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. M. Attorneys' 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. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bremerton/Hecker Architects,PS Architect Services Page 5 of7 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 shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. 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. Any 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. 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 oftermination, 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 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. Bremerton/Hecker Architects,PS Architect Services Page 6 of7 CITY OF BREMERTON By: its: Date: 10 ., Bremerton/Hecker Architects,PS Architect Services Page 7 of7 ).doc CONSULTANT ~~.~, W ~~. Hecker its: President Date:~\ ( '30/ c) ~. Attest: ~~~-1~~. uU City Clerk ~ EXHIBIT - A SCOPE OF WORK SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.7, and include normal structural, mechanical and electrical engineering services. 2.2 PRE-DESIGN PHASE 2.2.1 Completed under separate contract. 2.3 SCHEMATIC DESIGN PHASE 2.3.1 Completed under separate contract. 2.4 DESIGN DEVELOPMENT PHASE 2.4.1 Based on the approved Schematic 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 consist- ing of drawings and other documents to fix and de- ; scribe the size and character of the Project as.to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.5 CONSTRUCTION DOCUMENTS PHASE 2.5.1 Based on the approved Design Develop- ment Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the con- struction of the Project. 2.5.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contrac- tor. 2.5.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in require- ments or general market conditions. 2.5.4 The Architect shall assist the Owner in con- nection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.6 BIDDING OR NEGOTIATION PHASE 2.6.1 The Architect, following the OWner's ap- proval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the OWner in obtaining bids or negotiated pro- posals and assist in awarding and preparing con- tracts for construction. 2.7 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.7.1 The Architect's 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 ear- lier of the issuance to the Owner of the final Certifi- cate for Payment or 60 days after the date of Sub- stantial Completion ofthe Work. 2.7.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AlA Document A201, General Condi- tions of the Contract for Construction, current as of the date of this Agreement, unless otherwise pro- vided in this Agreement. Modifications made to the General Condition, when adopted as part of the Con- tract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.7.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.7 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.7.4 The Architect shall be a representative of and shall advise and consult with the OWner during the administration ofthe Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agree- ment unless otherwise modified by written amend- ment. 2.7.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage ofthe Contractor's operations, or as other- wise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the OWner informed about the progress and quality of the portion of the Work completed, (2) 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 continu- ous on-site inspections to check the quality or quan- tity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, se- quences 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. 2.7.6 The Architect 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 with the requirements ofthe Contract Documents. The Architect shall be respon- sible 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 Con- tractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.7.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.7.8 Except as otherwise provided in this Agree- ment or when direct communications have been spe- cially authorized, the Owner shall endeavor to com- municate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Archi- tect's consultants shall be through the Architect 2.7.9 CERTIFICATES FOR PAYMENT 2.7.10 The Architect shall review and certify the amounts due the Contractor and shall issue certifi- cates in such amounts. 2.7.11 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 repre- sentations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subse- quent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications ex- pressed by the Architect. 2.7.12 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) re- viewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and mate- rial 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 Contrac.- tor has used money previously paid on account ofthe Contract Sum. 2.7.13 The Architect shall have authority to reject Work that does not conform to the Contract Docu- ments. Whenever the Architect considers it neces- Exhibit A sary or advisable, the Architect shall have authority to require inspection or testing of the Work in accor- dance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions ofthe Work. 2.7.14 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the de- sign concept expressed in the Contract Documents. The Architect's action shall be taken with such rea- sonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or sepa- rate 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 determining 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 Archi- tect'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 Archi- tect's approval of a specific item shall not indicate approval of an assembly of which the item is a com- ponent. 2.7.15 If professional design services or certifica- tions by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Draw- ings and other submittals related to the Work de- signed or certified by the design professional retained by the Contractor shall bear such professional's writ- ten approval when submitted to the Architect The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifica- tions or approvals performed by such design profes- sionals 2.7.16 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in ac- cordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.7.17 The Architect shall conduct inspections to determine the date or dates of Substantial Comple- tion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Docu- ments and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements ofthe Contract Documents. 2.7.18 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 re- quests shall be made in writing within any time limits agreed upon or otherwise with reasonable prompt- ness. 2.7.19 Interpretations and decisions ofthe Architect shall be consistent with the intent of and reasonable inferable from the Contract Documents and shall be in writing or in the form of drawings. 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 interpreta- tions or decisions so rendered in good faith. 2.7.20 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.7.21 The Architect's decisions on claims, dis- putes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.7.17, shall be subject to mediation and arbitration as pro- vided in this Agreement and in the Contract Docu- ments. ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. If services described under Contingent Additional Ser- vices in Paragraph 3.2 are required due to circum- stances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services Exhibit A described under Paragraph 3.2 are not required, the Owner shall give prompt written notice to the Archi- tect. If the Owner indicated in writing that all or part of such Contingent Additional Services are not re- quired, the Architect shall have no obligation to pro- vide those services. 3.2 CONTINGENT ADDITIONAL SERVICES 3.2.1 Making revisions in drawings, specifica- tions or other documents when such revisions are: 1. Inconsistent with approvals or instruction pre- viously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3. Due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.2.2 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. 3.2.3 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. 3.2.4 Providing services in connection with evaluating substitutions proposed by Contractor and making subsequent revisions to Drawings, Specifica- tions and other documentation resulting therefrom. 3.2.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by fail- ure of performance of either the Owner or a Contrac- tor under the Contract for Construction. 3.2.6 Preparation of a complete Existing Facili- ties Survey (As-Builts) of the entire BKAT facility. A partial survey is included in Pre-Design. OTHER PROVISIONS OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing condi- tions of the project, and shall establish a budget with reasonable contingencies that meets the project re- quirements. The Owner shall furnish surveying, geo- technical engineering and environmental testing ser- vices upon request by the Architect. The Owner shall employ a contractor to perform the construction Work and to provide cost-estimating services. The Owner shall furnish to the Architect all relevant legal, ac- counting and insurance services information if an issue arises during the project requiring such assis- tance. HAZARDOUS MATERIALS The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling removal or disposal of, or expo- sure of persons to, hazardous materials in any form at the project site. DOCUMENT USAGE Hecker Architects, PS retains the right to use any and all designs, documents, etc. prepared for this project in the marketing and advertising for Hecker Archi- tects. OPINIONS OF PROBABLE COST Hecker Architects, PS will provide the Client with opinions of probable cost in a Budget Cost Estimate for Construction during the Schematic Design Phase. This opinion of probable cost will be based on our experience. However, where accurate estimates are crucial, the Client is advised to obtain contractor quo- tations. Hecker Architects, PS makes no warranty, expressed or implied, as to the accuracy of our prob- able cost opinions as compared to bid or actual costs. ERRORS, CONTINGENCIES, AND CONSEQUENTIAL DAMAGES The Owner recognizes the inherent risks connected with construction and that the Architect will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of the profession practicing in the same or similar locality. It is understood that no warranty, either expressed or implied, is provided. LIMITATION OF LIABILITY The Owner agrees to limit any and all claims for. damages, costs of defense or other expenses or claims of liability or damages of whatever type which are sought to be levied against the Architect and its sub-consultants as the result of alleged negligent acts, errors and omissions on the Architect's part, ' such that the total aggregate liability of the Architect to the Owner will not exceed the monetary amount of professional liability insurance coverage available at the time of settlement or judgment FACSIMILE TRANSMISSION Facsimile transmission of any signed original docu- ment, and the retransmission of any signed facsimile transmission, shall be the same as delivery of the Exhibit A original signed document. Atthe request of any party, a party shall confirm documents with a facsim- ile transmitted signature by signing the original document. EXHIBIT - B PROJECT SCHEDULE PROJECT SCHEDULE BY PHASE PHASE Design Development Construction Documents Bidding & Negotiation Contract Administration Additional Services DATES 12/03107 -12/14/07 12/17/07 - 01/03/08 01/04108 - 01/31/08 02/01/08 - 04/10/08 Varies This schedule is contingent on the contract date and may be adjusted if the contract date is later than 11/29/2007. EXHIBIT - C FEE SCHEDULE The Owner shall compensate the Architect as follows: ARCHITECT FIXED FEE BY PHASE Design Development Construction Documents Bidding & Negotiation Contract Administration $7,400 $15,000 $2,300 $7,500 Additional Services $4,000* $36,200 Total The services for the above phases are outlined in the Scope of Work (Exhibit-A), and include normal structural, mechanical and electrical engineering, as well as specification services. Additional services excluded are also outlined in the Scope of Work. * Fixed fee for Additional Services outlined in the scope of wor1< (Exhibit-A). Other Additional Services will be billed at the standard hourly rates below. The Pre-Design and Schematic Design Services consist ofthose described in the Scope of Work (Exhibit-A). POSITION HOURLY RATE $125.00 $95.00 $75.00 $35.00 Principal Project Architect Intern Architect Administrative