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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.
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Architect Services
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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.
BremertonlHecker Architects,PS
Architect Services
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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
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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.
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Architect Services
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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
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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
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CITY OF BREMERTON
By:
its:
Date:
10 .,
Bremerton/Hecker Architects,PS
Architect Services
Page 7 of7
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CONSULTANT
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W ~~. Hecker
its: President
Date:~\ ( '30/ c) ~.
Attest:
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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