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HomeMy WebLinkAbout3.0 Civic Center Architect Services Agreement 4 I CITY OF DUBLIN AGENDA STATEMENT - • . ._ _. -- _ .... . CITY COUNCIL MEETING DATE: February 12, 1987 SUBJECT Civic Center Architectural Services Agreement EXHIBITS ATTACHED Letter from George Miers to Richard Ambrose dated February 6, 1987 ; Proposed Agreement; Project Schedule RECOMMENDATION Receive Staff Report ; Authorize Mayor to execute Agreement on behalf of the City ; Review proposed schedule and provide Staff with appropriate direction related to inclusion of cable television studio FINANCIAL STATEMENT: Remaining Phases Included in RFP - $465 ,000 Recommended Optional Services - $34, 400 - 80, 400 Reimburseables 23 , 000 $522 , 400 - $568 , 400 DESCRIPTION On September 8, 1986 , the City Council approved the selection of a Design Team for the Civic Center project. The City Council approved a scope of work which provided for completion of a building program and schematic design of the Civic Center . It was understood that the actual design development and construction drawing phases would be completed under a separate agreement. The selection of the Design Team led by George Miers & Associates was based on a response to a detailed Request for Proposal approved by the City Council on July 14, 1986 . Four Design Teams were invited to submit proposals. The RFP described the project as containing 25,000 square feet of building and the related parking and landscaping. The estimated construction budget was $3 .5 million - $5 million. Each design firm submitted cost proposals with their response . Mr . Miers ' proposal estimated their fees to be approximately $292 , 000 for Programming , Schematic Design, Design Development , Construction Documents , Bidding and Construction Administration. The fees for the Consultants were estimated to be' $205 , 000. This provided for total fees estimated at $497 , 000 . The initial contract for Programming and Schematic Design totalled $127 , 010. The contract is a lump sum agreement and it was estimated to include $67 , 500 in services provided by George Miers & Associates and $59 , 510 in services provided by Consultants . Staff has reviewed the billings for the initial phase and the work effort has actually exceeded the amount billed. However , the lump sum agreement only allows payment to a maximum amount , regardless of the work effort required . Following the schematic design phase , Mr . Miers requested that his consultants submit cost estimates for the remaining phases of the project . These were based on the approved building size of 45 , 337 square feet . Mr . Miers then presented Staff with a fee proposal for the remainder of the project . The revised fee was presented to Staff on January 20, 1987. The proposed fee had increased substantially and Staff conducted further discussions with the Architect regarding this issue . The total fee for the remainder of the project was estimated at $540,000, plus the $127 , 010 already paid during Phase I . This would result in a fee of $667 , 010 without considering any of the proposed optional services . These services and their importance will be discussed below. COPIES TO: George Miers & Associates Harris & Associates ITEM NO. 1 - Mr . Miers ' letter dated February 6 , 1987 speaks to the reasoning for _._....r e,q.0 e.s.t in g_._.an...__in,cre a.s a.. ... Mx.. . Miers .a l s.a_ explains the. e f.f o.r.-t.s-...h i s firm-. has. —.- made to further reduce the proposal made to Staff on January 20, 1987 . The 'proposed agreement contains a lump sum fee for the remaining work of $465,000. This represents a 16% reduction from their January proposal . Optional Services The Architects have also proposed several optional services which Staff has reviewed. Option I - Furniture Plan and Selection: Cost Lump Sum $14, 400 This will include preparation of a "Furniture Plan" drawing showing .furniture locations for each office and/or area in the plan. The City Staff will provide annotation of existing furniture. Architect shall assist with specification of new furniture including color and fabric selection. City shall be responsible for inventory of existing furniture , purchase , delivery and installation of new furniture. These services were considered optional in the original Request for Proposal . Option 2 - Wind Study: Cost $5, 000 - $6, 000 The Architects have consulted with a firm which has the capability to test the design and shape of the building against known prevailing wind patterns. In the closing to his February 6, 1987 letter , Mr . Miers recommends that this study be undertaken. The project has been designed to provide outdoor spaces which can be used for community events . The additional testing may detect recommended changes to the current design which would lessen the wind impact on outdoor areas . These specialized services were not considered in the original Request for Proposal . Option 3 - Post Construction Services : Cost $15 ,000 - $60, 000 The Architects have agreed to provide these services on an hourly basis , with a maximum cost of $60, 000. These services will provide final drawings of the "as-built" configuration of the civic center . All changes made during the construction phase will be recorded on a set of final plans . The other major services relate to assistance with the initial start-up of the building. The time required will be more significant in the Police Facility which has some special technical systems . The Architects will also be available to provide input on the maintenance and performance of the various building systems . The proposed cost is consistent with the Architect ' s proposal submitted in August of 1986. Option 4 - Telephone System Specification : Cost - $8,800 This would provide written specifications and assistance with the selection of a phone system. Staff believes that it is probably most appropriate to first review recent phone system installations by other agencies . This task can be approached with City Staff and should avoid the need for a consultant. If after the Staff review, a consultant is necessary , Staff will review consultant proposals including the one presented by Mr . Miers . A formal request to utilize a consultant would be presented to the City Council for their approval. This service was not included in the original RFP. Staff would recommend that Options 1 , 2 and 3 be included in the Architect ' s services . These items have been reviewed with the City ' s Construction Manager , and they concur with their ' inclusion. The most costly option is the "Post-Construction Services" , which will be provided on an hourly basis to control the cost . Staff will have the ability to limit the service level to only those activities deemed essential . Reimburseables On the recommendation of Mr . Arnie Hollander , who prepared the RFP, Staff has requested that the Architect provide maximum reimburseable costs . The reimburseable expenses are described in Article ' 5 of the agreement . The total cost of reimburseables for the remainder of the project is $23 , 000. This does not include the preparation of bidding documents . Harris & page 2 i Associates have indicated that a recent civic center project attracted as many as 100 plan holders. Therefore , the cost of this task could fluctuate. signific.antly_ and the,,.City shall for this as a separate_ reimb.ur.seable.. The total reimburseables are based on an estimate of $3 , 200 per month during the Design Development and Construction phase (5 months) and $500 per month during the construction and bidding phases (14 months) . Summary of Professional Services Programming and Schematic Design Phases (Complete) $127 ,010 Reimburseables 3 ,000 Sub-Total $130,010 Design Development , Construction Documents , Bidding and Construction Administration $465 , 000 Options 1 , 2 and 3 (see above) $ 34, 400 - $ 80, 400 Reimburseables 23, 000 Sub-Total $522,400 - $568,400 The maximum cost presented represents substantial post construction services . If this is required , the total fees for the project including all reimburseables is $698, 410. This includes all phases of the project from initial program development through "post construction" activities. Staff has reviewed the fee with comparative schedules and the construction manager . It appears that this fee is a reasonable representation of the workload required and is within industry standards . Scheduling Staff has provided a project schedule which has been prepared by George Miers & Associates in conjunction with Harris & Associates , the City ' s Construction Manager . Key project dates are outlined below: Task Time Frame Design Development/Interior Space Planning February 1 - April 15 , 1987 Harris & Associates Value Engineering Study April 1 - 7 , 1987 Construction Documents April 15 - July 31 , 1987 Harris & Associates Bidability Review July 1 - July 15 , 1987 Bidding Process August 1 - September 30, 1987 Groundbreaking October 15 , 1987 Construction October 15, 1987-November 15 , 1988 Occupancy December 1 , 1988 The prepared schedule represents a realistic approach to the project. The Architect is committed to work with City Staff and the Construction Manager to avoid delays . Any opportunity to shorten the time required for a task will be pursued. However , it is important to understand that adequate time must be spent during the development stage to avoid costly change orders or other unanticipated changes during construction. Cabletelevision Studios One impact to the schedule is the proposed inclusion of cable television studios . Staff has contacted Mr . Lee Horner , City Manager of Livermore , who acts as - the Secretary for the Community Television Corporation. Their meeting is scheduled for February 26 , 1987. Assuming that each of the participating cities would have to act on a proposal would restrict the Architect ' s ability to continue with the design development process . If a decision was not received until mid-March, this would be the sixth week of a proposed 11 week design development process . The addition of 2 , 000 square feet to accommodate a cable television studio presents several options : Option A - Proceed with the development of the building program previously approved by the City Council . If the Community Television organization is provided space , a delay will be necessary to work the space into current plans . This will also result in additional costs for architectural services . • • s Option B - Proceed with the design development of the Police Facility only. _ . The_. Archit..ects._ c..ould_...p.r.ocee,d..,w.i.t.h.. th.e..Admi.n.istra-tive.- .Win.g --once. the - decision ---- on cable television studios was made. This would save the City from incurring additional : costs ; however , a delay would occur in the schedule . Option C - Proceed with the design of the approved building program. Assume that the cable television studios could occupy future expansion space intended to accommodate growth in the Development Services Department through the year 2005. This does not provide Community Television with a permanent studio . They may be hesitant to locate and provide specialized interior improvements to a facility which they will not occupy on a long term basis . Option D - The Civic Center program currently provides space to accommodate water and sewer services. This accounts for approximately 1 , 729 square feet. The space is currently divided between the Finance Department and Public Works Department . If the architects located all of this space in one area useable as a cable television studio, the building program would only have to increase by 271 square feet. The impact on the total building is an increase of only slightly more than 1/2 percent. If this option is pursued and the City provides water and/or sewer services in the future, additional space will be required. If the City continues with the design and the studios are located elsewhere , the City will have additional space and could seek another tenant . The space may not be located in the most appropriate manner to automatically service the water and sewer space needs . Option E - Increase the building size to accommodate a 2 , 000 square foot studio . If the Civic Center was not selected by Community Television, the City would have two options . First , to redesign the building to meet the initial program. This would delay the project and cost the City additional architectural fees . Or , the City could construct the additional space and seek a potential tenant for the additional space. At the City Council meeting on January 12, 1987, the City Council had requested that the Community Television Corporation prepare a long term expenditure plan prior to the release of the City of Dublin capital grant received from Viacom. Staff has contacted Mr . Horner regarding the anticipated presentation of such a plan. Mr . Horner indicated that the issues involving the expenditure plan may be discussed at upcoming meetings . However , a final recommended plan may not be available until April . There are several alternatives to sharing the costs and the plan may impact the approach recommended by Staff . The potential operating costs and direction of the Community Television Corporation need to be clearly defined. If the City Council selects an option which proceeds with the inclusion of a studio , the funding method would most likely be determined at a later date. Staff would request that the City Council determine the appropriate direction to proceed with the Community Television Studios . The Architect will be available to further discuss these options and the impact of each one . Conclusion Staff recommends that the City Council approve the agreement for Architectural Services and authorize the Mayor to execute the agreement on behalf of the City . The City Council should also review options related to the cable television studios and provide direction to the Design Team and Staff. GEORGE MIERS & ASSOCIATES Architecture and Planning February 6, 1987 Mr. Richard Ambrose - City of Dublin 6500 Dublin Blvd.., Suite 101 Dublin, CA 94568 Dear Richard, . This letter is intended to clarify our architectural fee for the Dublin Civic Center and especially to discuss the reason for the fee's increase relative to the original and current scope of work. As you know, we submitted 'a proposed contract several weeks ago which included a fee of $540,000 for Design Development through Construction Administration. This fee represented an increase of approximately 34% over the originally quoted fee (when Schematic Design is included) . The fee' was based upon both submittals by our consultants, whose combined contract amounts comprise over 50% of the overall fee, and ourkin-house man-hour analysis of the work needed to execute the submitted Schematic Design. This fee corresponds to a similar increase on both the building program and the Civic Center site area. A comparison of these increases is as follows: Original Current/Approved Increase Building Program 25,000 SF 47,000 SF 88% Site Area 10 Acres 11.6 Acres 16% Architectural Fee $497,000* $667,000** 34% *Includes Schematic Design and Programming ** ($540,000 DD thru CA) + ($127,000 Schemat Des) = $667,000 420 Sutter Street San Francisco, CA 94108 (415) 896-0305 . Richard Ambrose - February 6, 1987 Page 2 Given our current building size and the very detailed and. demanding scope of work outlined in your Request for Proposals, we felt (and I believe your Construction Manager, Harris and Associates, concurred) that this was not an excessive fee. However, as I explained when we submitted this fee, we had not had time to, review our consultants ' proposals or "negotiate them down". Since that submittal we have discussed the fee with each of them and have also reviewed our man-hour projections. Based upon that review we were able to reduce our total fee by $45,000 to $621,800 ($494,800 for Design Development through Construction Administration) . This reduction represents an increase of 25% rather than 34% over the original fee. It also represents, the most we can expect our consultants to reduce their fee without replacing them with someone less expensive - a move which I do not think would be beneficial to the project. Therefore, any further attempts to lower the total fee must come solely out of our fee. We have looked carefully at this and have determined that the number of hours which we have allocated (1,110 man-hours during Design Development, 2,080 during Construction Documents, 120 during Bidding, and 1, 080 during Construction Administration) should not be reduced. This is a very important issue because in order to produce the type of product this project deserves these hours are needed. This is a point which I will further elaborate upon at the City Council presentation. The above being the case, our only other alternative. to reduce the fee, therefore, is to reduce the hourly rates at which we would bill these hours. Although I would prefer not to do this for obvious reasons, we are willing to: make .' the 'reductions listed below. I think you will find that both our current and reduced rates are below that of most design firms. current rate reduced rate . Principals - , $80/hr $70/hr Senior Staff 60/hr 55/hr Intermediate Staff 40/hr ' 40/hr This reduction plus our decision to assume some of the drawing time previously contemplated by our consultants (they charge more than we do) results in a further reduction of the overall fee to $592,000 ($465,000 + $127,000) or a net increase of 19% . v Richard Ambrose February 6, 1987 Page 3 Since this last proposed fee reduction is about as far as we can. go, I would like to list. a series of reasons as to why a fee increase is mandatory in this instance where both the building size and site area have increased. 1) Structural Engineering - Structural engineers calculate their fee one of two ways. They either base it upon a percentage of construction (0.8% . to 1.2%) or upon the actual square footage of \ structural slab, floor area, and roof which they are designing. Both the Base Building project and the Building square footage have increased. ' Our engineers used the latter method (which is very typical in the industry) and as a result their fee increased proportionally to the building size increase. 2) Civil Engineering and Landscaping, - Similarly these two disciplines also increase relative to the amount of ground area which must be worked on. The . more ground, the more area to be surveyed and the more landscaping to be specified. 3) Interior Work - This along with the structural work is one of the biggest reasons for the fee increase. Unlike the design of the overall Building Shell where an increase in the shell doesn't result in a one to one increase in the support areas of the building, interior work is totally dependent upon the amount of area to be designed, detailed and constructed. This work primarily involves the Architect, the Mechanical Engineer, and the Electrical Engineer. Normal interior services by qualified firms tend to run between $3.00 and $5.00/SF. Thus and increase of 22,000 SF at a low end of $3.00/SF would result in a net increase of $66,000 in fees. Our fees did not increase to this extent, but conceptually this type of increase does result in real additional work. 4) Bigger Buildings are more work - At the risk of sounding too obvious, I think it fair to say that larger buildings result in more surface area to be detailed, bigger core areas, more partitions, doors and finishes which all have to be accounted for. Admittedly, in this case I do not feel that this has significantly increased the architectural, electrical, or mechanical portions of the work but it has had an impact in the range of 10 to 20% . Richard Ambrose February 6, 1987 Page 4 I feel very strongly that the above conditions very much justify a 19% to 25% increase on the project. I also feel very strongly about maintaining the excellent client/architect relationship we have enjoyed_ with you, your staff, the Design Advisory Board, and the City Council. To date this project including both the design and our working relationship have been the most fulfilling and promising development of my professional career. Suffice to say that I intend to continue that trend. For these reasons I have been very willing to compromise on this issue. . Maintaining good working relationships and producing quality architecture are the mainstays of our practice. At the same time, I think it fair to add that if the time is not available to execute a design in the most professional manner possible, then both of these areas will suffer. As a. final note on fees, and as Bill Hoffmann of my office and Paul Rankin have discussed, we feel that a wind analysis should be included in this scope of work. Currently it is listed as an Additional Service. At the time of our submitted proposal, we included a detailed list of consultant services and 'a special wind analysis was not one of them. Having become familiar with the area and based upon our many design review sessions, we feel this study should be done as soon as possible. We have obtained proposals from $5 to 6,000 for this work and would recommend that this be included, as either part of the basic scope of work or at least have money set aside for Additional Services. I hope this explanation helps to clarify the reasons for the fee increase and I certainly am available to discuss aspects of this further should you so desire. I also will be available at next Thursday's City Council Hearing to answer any questions which the Councilmembers might have. - . ge i- s taSVSF ‘Ar_e.y-1 IV* 2_6,4(7 5F Gow�TGr 'c::kmtANA: \ 2408 SF ow Zcoo �r To�l`A' or* 0 O A LOWER LEVEL (EXISTING PLAN) • OillIllIll2M1111,11*, • . 0,Ao4"it1es cff •28 t '? • F 20' • V75'-AF • -coAdAs -T-0;19A Opev-40 1204 • 11114, Gmel°lee s A • • UPPER LEVEL (EXISTING PLAN) ,• • • • Vj.LA.1\ak t/1 t 41 SCO e7F‘ alt.411"44.... 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(EXISTING PLAN) THE Aiv.,,__ �ICAN .INSTITUTE OF AI IITECTS • • k1111I,IU4 • A1A Document 8141/CM • .CONSTRUCTION MANAGEMENT EDITION - Standard Form of Agreement Between - Owner and Architect '1980 EDITION ' , THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. • • This document is intended to be used in conjunction with AIA Documents B801, 1980; A101/CM, 1980; and A201/CM, 1980. - AGREEMENT • • • made as of the 9th . day of February in the year of Nineteen Hundred and Eighty-seven • • BETWEEN the Owner: . City of Dublin • 6500 Dublin Blvd., Suite 101 Dublin, CA 94568 • • and the Architect: George Miers & Associates 420 Sutter Street San Francisco, CA 94108 • • For the following Project: Dublin Civic Center ' (Include detailed description of Project location and scope.) • The project is a 45,377 GSF City Hall and Police Facility Building located at the corner of Dublin Blvd. and Sierra Court in the City of Dublin'. This Contract covers Design Development through • Construction Administration of the Schematic Design 'previously prepared by. George Miers & Associates dated 1/28/87 and approved by the Dublin City Council on 1/28/87. (Continued) • the Construction Manager: Harris & Associates ' 220 Mason. Circle • Concord, CA 94520 " The Owner and the Architect agree as set forth. below. • Copyright 1975, ® 1980, by The American Institute of Architects, 1735 New York Avenue,-N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT B141ICM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION ' AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON; D.C. 20006 B141/CM-1980 1 • For the following Project: (Continued from page 1) DUBLIN CIVIC CENTER This design was based upon George Miers & Associates ' Programming Document dated 11/18/86 and approved by the City Council on • 11/18/86. Briefly, this design calls for a two story steel frame structure constructed on a raised concrete slab. The building mass includes two circular wings framing a central exterior garden with surface parking to the south and a formal entry plaza to the northeast. • • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNE R AND ARCHITECT ARTICLE 1 ; ,. sign development documents for the Construction Man- ARCHITECT'S SERVICES AND.RESPONSIBILITIES ager's review,which will be made so as to cause no delay • to the Architect. • BASIC SERVICES 1,2;3 Upon 'completion of the Design Development Unless modified by Article 15, the Architect's Basic Phase, the Architect shall provide the Construction Man- Services shall be provided in conjunction with, and ager with drawings, outline specifications and other doc- in reliance upon, the services.of a Construction uments approved by the Owner for use in preparing a' Manager ;as-- - -eke—Stafldlafd— • g �� fetrtflerestnr�ate�af-£,7nstn setitirt-Cvst-and-shaFFass�istthe Cclasswction.Mana -0#.CGa- agerr.Al 1Docu :B80.1, 9s4-Edi.tica—They shall ur ca,.uar :Value Engineering Review. consist of the five Phases described in Paragraphs 1.1 through 1.5, inclusive, and include.,normal 1.3 CONSTRUCTION DOCUMENTS PHASE (See 15.16) • structural, mechanical and electrical engineering 1.3.1 Based on the approved Design Development Doc- services, and any other services included in Article ' uments,and any further adjustments in the scope or qual - 15 as part of Basic Services. . ity of the Project or in the Project budget authorized by 1. SCHEMATIC DESIGN PHASE (completed) the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- -1.1. The Architect shall review the program-fumishe•. 'ings and Specifications setting forth in detail the require- ' . by th- Owner to ascertain the requirements of the.Pro.-ct ments for the construction of the Project. and sh. I review and confirm the understanding of ese 1.3.2 The Architect shall keep the Construction Manager ' requirem: is and other design parameters wi. the . Owner. informed of any changes in requirements or in construc-' • tion materials,systems or equipment as the Drawings and 1.1.2 The A hitect shall provide a prelimin.ry evalua- . Specifications are developed so that the Construction tion of the pro: am and the Project budget -quirements, Manager can 1djtrst- the estimate of _Construction Cost each in terms o he other, subject to the imitations set appropriately, review. forth in Subparagr.•h 3.2.1. 1.3.3' The Architect shall assist the Owner and the Con- 1.1.3 The Architect all review with e Owner and the struction Manager in the preparation of the necessary bid- Construction Manager ite use and ' provements; selec- ding information, bidding forms, the Conditions of the tion of materials, buildi -, system and equipment; con- Contracts; and the forms of Agreement between the struction methods and me. ods .f Project delivery. Owner and the Contractors. . 1.1.4 Based on the mutual -greed upon program and . 1.3.4 The Architect shall assist the Owner and the Con- the Project budget require - s, the Architect shall pre- ' struction. Manager in connection..with the Owner's re- . pare, for approval by the ewne Schematic Design Doc- ° sponsibility for filing documents required for the approv- • uments consisting of dr. , ings, ou ine specifications and als of governmental authorities having-jurisdiction over other documents Must-•ting the sca - and relationship of the Project. Project components. 1.1.5 At interval appropriate to the •rogress 'of the 1.4 BIDDING OR NtCOTrATtO1V PHASE (See 15. 16) Schematic' Desi; Phase, the Architect shall provide 1.4.1 The Architect, following the Owner's approval of schematic des':n studies for the Constructl.'n Manager's the Construction Documents. and the latest estimate of review,whic• will be made so as to cause no ela'y to the Construction Cost, shall assist the Construction Manager Architect. • ' in obtaining Bids er ncgotie.ted--} e{ .sal by rendering, 1.1.6 U•on 'completion of the Schematic Desig Phase interpretations and clarifications of the Drawings and the Ar, itect shall provide the drawings, outline s•-cifi- . Specifications in appropriate written form. The Architect cad. s and other documents approved by the Owne for shall assist.the Construction Manager in conducting pre-, the Construction Manager's use in preparing an estima e award conferences with arccusSfUl Bidders. • Construction Cost. 1.5 CONSTRUCTION PHASE-ADMINISTRATION 15. 14 1.2 . DESIGN DEVELOPMENT PHASE (See. 15. 16) - OF THE CONSTRUCTION CONTRACT (See 15. 16) 1.2.1 Based on the approved Schematic Design Docu- ' 1.5.1 The Construction Phase will commence with the ments and any adjustments authorized by the Owner in award of the initial Contract for Construction and, to , the program or the Project budget, the Architect shall gether with the Architect's obligation to provide Basic ' prepare, for approval by the Owner; the Design Develop- Services under this Agreement, will end when final pay- ment Documents consisting of drawings, outline specifi- ment to all Contractors is due, or in the absence of a final. cations and other documents to fix and describe the size rnoje t-Cei tilkate fur Payment or of such due date, sixty and character of the entire Project as to architectural, days after the Date of Substantial'Completion of the Proj- structural, mechanical and electrical systems, materials, ect whichever occurs first. ' and such other elements as may be appropriate. 1.5.2 Unless otherwise provided in,this Agreement and, 1.2.2 At intervals appropriate to the progress of the De- incorporated'in the Contract Documents, the Architect, • sign Development Phase, the Architect shall provide de- in.cooperation with the Construction Manager,-shall pro- . AIA DOCUMENT 13141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT'EDITION •JUNE 1980 EDITION AIA® • ®1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 2 • Progress • vide administration of the Contracts for Construction as -t„z� �er Payment shall not be a representation that the set forth below and in the 1980 Edition of AIA Docen enE Architect has made any examination to ascertain how or - - - for what purpose the Contractors have used the monies etruction, Construction, paid on account of the Contract Sums. 1.5.3 The Architect and the Construction Manager shall 1.5.9 The Architect shall be the interpreter of the re- advise and consult with the Owner during the Construe- quirements of the Contract Documents and the judge of tion Phase. All instructions to the Contractors shall be the performance thereunder by both the Owner and the • forwarded through the Construction Manager. The Archi- Contractors. The Architect shall render interpretations tect and the Construction Manager shall have authority necessary for the proper execution or progress of Work, to act on behalf of the Owner only to the extent provided with reasonable promptness and in accordance with in the Contract Documents unless otherwise modified by agreed upon time limits. The Architect shall render writ- written instrument in accordance with Subparagraph ten decisions,within a reasonable time, on all claims, dis- 1.5.18. putes and other-matters.in question between the Owner 1.5.4 The Architect shall visit the site at intervals appro- and the Contractors relating to the execution or progress priate to the stage of construction, or as otherwise agreed of Work or the interpretation of the Contract Documents. by the Architect in writing, to become generally familiar 1.5.10 All interpretations and decisions of the Architect with the progress and quality of Work and to determine shall be consistent with the intent of, and reasonably in- in general if Work is proceeding in accordance with the ferable from, the Contract Documents, and shall be in Contract Documents. However, the Architect shall not be writing or in graphic form. In the capacity of interpreter required to make exhaustive or continuous on-site inspec- and judge, the Architect shall endeavor to secure faithful tions to check the quality or quantity of Work. On the performance by both the Owner and the Contractors, basis of such on-site observations as.an architect, the Ar- • shall not show partiality, and shall not be liable for the chitect shall keep the Owner informed of the progress result of any interpretation or decision rendered in good and quality of Work, and shall endeavor to guard the faith in such capacity. Owner against defects and deficiencies in Work of the 1.5.11 The Architect's decision in matters relating to Contractors. artistic effect shall be final if consistent with the intent of 1.5.5 The Architect shall not be responsible for, nor the Contract Documents.The Architect's decisions on any have control or charge of, construction means, methods, other claims, disputes or other matters, including those in techniques, sequences or procedures, or for safety pre- question between the Owner and the Contractors) v. cautions and programs in connection with the Project, be subject to arbitration as provided in this Agreement and shall not be responsible for Contractors' failure to and in the Contract Documents. carry out Work in accordance with the Contract Doc- uments. The Architect shall not be responsible for, nor 1.5.12 The Architect shall have authority to reject Work have control over, the acts or omissions of the Contrac- which does not conform to the Contract Documents, and tors, Subcontractors, any of their agents or employees, or whenever, in the Architect's reasonable opinion, it is nee- any other persons performing any Work, nor shall the Ar- essary or advisable for the implementation of the intent chitect be responsible for the Construction Manager's of the Contract Documents, the Architect shall have au- obligations as an agent of the Owner. thority to require special inspection or testing of Work in 1.5.6 The Architect shall at all times have access to accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- t-- Work wherever it is in preparation or progress. stalled or completed; but the Architect shall take such • 1.5.7 4e9ed-orr"'t A.ie h;-teetle-e:eeT:aT,e^:--a'p• - action only after consultation with the Construction in the- etn+tren-de-tier e the 'C- tftrc-tien--IVranagcr-afld Manager. (See 15. 4) °—I aR altreFien-ef-Effie-Pfejettt-r'�p #+c�Eiert-fergartien+,-Eke Aie.hiteLt shalt deteinifn�tfle anloviTtSawtng-tU tlie-C-vrr 1.5.13 The Architect shall receive Contractors' submit CO -re a„vshall ies►ie-a--Afejec-t�er i-fieete-feF-42a+f•Feer?•t tats such as Shop Drawings, Product Data and Samples cn �rT-srrcF---ara r torts.-aspTavt tl-rn-th �ntrattBactr rrents- • from the Construction Manager and shall review and ap- prove or take other appropriate action upon them, but 1.5.8 The• e' e-ef-e -Pr-ejec-t-Ee-tificatc-fe•F-42ay aenF only for conformance with the design concept of the Tall lUrnlitE tE'—a-1epleyt'rrtaticm- by the AtLiritect t -tile Project and with the information given in the Contract evirrer-ti-rat;b.:cd uui t e-Ard,testis-otlserrativrrs-at-the Documents. Such action shall be taken with reasonable sire-75pTOVIZt 7rr•StltYraragrapfr7 4-antzsrritre Mara promptness so as to cause no delay. The Architect's ap- .e rising•-t+rr-firej.eet- eal'°rfoT-Perrerrt-r-Werle proval of a specific item shall not indicate approval of an tarp ugres tt hz? inti-CaT -oral-taZtre-irust-ui assembly of which the item is a component. TITL5-7\TChtterrstminGh 7arf 'rrrrattcm-arid' belief, iIIE - : - , : - - •- - -_ _ ., 1.5.14 The Architect shall review and sign or take other uments (subject to an c\vluatioa of Work for conform-. appropriate action on Change Orders prepared by the z3ncc with the Contract Document upon Substantial Construction Manager for the Owner's authorization in _-- accordance with the Contract Documents. (See 15 . 3) reed under the Contract Documents, 1.5.15 The Architect shall have authority to order minor t e--Fn+nor deviatiens f+wm the Contract Documen ;- changes in Work not involving an adjustment in a Con- = tract Sum or an extension of a Contract Time and which cations stated in the Project Certificate fer Payment'; and are not inconsistent with the intent of the Contract Doc- - - - uments. Such changes shall be effected by written order amount certified. However,lhe issuance of a Project Cer issued through the Construction Manager. MA DOCUMENT 8141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION 3 B141/CM-1980 AIA+ • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.5.16 The Architect, assisted by the Construction Man- 1.7.8 Providing services in connection with the work of ager, shall conduct inspections to determine the Dates of separate consultants, other than the Construction Man- Substantial Completion and final completion and shall ager, retained by the Owner. i cue appropriate Project Certificates ,t, * 1.7.9 Providing interior design and other similar services 1.5.17 The Architect shall assist the Construction Man- required for or in connection with the selection, procure- ager in receiving and forwarding to the Owner for the ' ment or installation of furniture, furnishings and related Owner's review written warranties and related documents equipment. (See 15.18) assembled by the Contractors. 1.7.10 Providing services for planning tenant or rental 1.5.18 The extent of the duties, responsibilities and lim- spaces. itations of authority of the Architect as a representative 1.7.11 Making revisions in Drawings, Specifications or of the Owner during construction shall not be modified other documents when such revisions are inconsistent or extended without the written consent of the Owner, with written approvals or instructions previously given, the Contractors, the Architect and the Construction Man- are required by the enactment or revision of codes, laws ager, which consent shall not be unreasonably withheld. or regulations subsequent to the preparation of such doc- 1.6 PROJECT REPRESENTATION BEYOND BASIC uments, or are due to other causes not solely within the SERVICES control of the Architect. 1.6.1 If the Owner and the Architect agree that more 1.7.12 Preparing Drawings, Specifications and stipport- extensive representation at the site than is described in ing data and providing other services in connection with . Paragraph 1.5 shall be provided, the Architect shall pro- Change Orders. :. ,� vide one or more Project Representatives to assist the Ar- according to adju;tmcnts in Construction Coat, to the chitect in carrying out such responsibilities at the site. extent that any Change Order not required by causes 1.6.2 Such Project Representatives shall be selected, • solely within the control of the Architect.rc;ult; in an employed and directed by the Architect, and the Archi- tect shall be compensated therefor as mutually agreed ``_ equitably between the Owner and the Architect, as set forth in an q y ° ' exhibit appended to this Agreement, which shall describe 1.7.13 Making investigations, surveys, valuations, inven- the duties, responsibilities and limitations of authority of tories, detailed appraisals of existing facilities,. and serv- such Project Representatives. ices required in connection with construction performed 1.6.3 Through the observations of such Project Repre- by the Owner. sentatives, the Architect shall endeavor to provide further 1.7.14 Providing consultation concerning replacement of protection for the Owner against defects and deficiencies any Work damaged by fire or other cause during con- in Work, but the furnishing of such Project representation struction, and furnishing services as may be required in shall not modify the rights, responsibilities or obligations connection with the replacement of such Work. of the Architect as described in Paragraph 1.5. 1.7.15 Providing services made necessary by the failure of performance, the termination or default of the Con- 1.7 ADDITIONAL SERVICES struction Manager; by default of a Contractor; by ma- The following services are not included in Basic jor defects or deficiencies in the Work of any Contractor; Services unless so identified in Article 15.They shall or by failure of performance of either the Owner or any be provided if authorized or confirmed in writing Contractor under the Contracts for Construction. by the Owner, and they shall be paid for by the * 1.7.16 Preparing a set of reproducible record drawings Owner as provided in this Agreement, in addition showing significant changes in Work made during con- to the compensation for Basic Services. struction based on marked-up prints, drawin s and other 1.7.1 Providing analy;e of the Owner', needs, and pro data furnished to the Architect. (See 15. 19) , . . -- -. - - . (completed)* 1.7.17 Providing extensive assistance in the utilization of 1.7.2 Providing financial feasibility or other special any equipment or system such as initial start-up or testing, studies. adjusting and balancing, preparation of operation and 1.7.3 Providing planning surveys, site evaluations, envi- maintenance manuals, training personnel for operation ronmental studies or comparative studies of prospective and maintenance,and consultation during operation. (See 15.19) sites, and preparing special surveys, studies and submis- * 1.7.18 Providing services after issuance to the Owner of sions required for approvals of governmental authorities the final Project Certificate for Payment, or in the absence or others having jurisdiction over the Project. of a final Project Certificate for Payment, more than sixty 1.7.4 Providing services relative to future facilities, sys- days after the Date of Substantial Completion of the tems and equipment which are not intended to be con- Project. (See 15. 19) strutted during the Construction Phase. 1.7.19 Preparing to serve or serving as a witness in con- 1.7.5 Providing services to investigate existing conditions nection with any public hearing, arbitration proceeding or facilities, or to make measured drawings thereof, or to or legal proceeding. verify the accuracy of drawings or other information fur- 1.7.20 Providing services of consultants for other than nished by the Owner. the normal architectural, structural, mechanical and elec- 1.7.6 Providing services in connection with alternative trical engineering services for the Project. designs for cost estimating or bidding purposes. 1.7.21 Providing any other services not otherwise in- 1.7.7 Providing coordination of work performed by eluded in this Agreement or not customarily furnished in separate contractors or by the Owner's own forces. accordance with generally accepted architectural practice. AIA DOCUMENT B141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION AIA& • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 4 • 1.8 TIME neers or other consultants when such services are deemed 1.8.1 The Architect shall perform Basic and Additional necessary by the Architect. Such services shall include Services as expeditiously as is consistent with professional test borings, test pits, soil bearing values, percolation skill and care and the orderly progress of the Project. tests, air and water pollution tests, ground corrosion and Upon request of the Owner, the Architect shall submit resistivity tests including necessary operations for deter- for the Owner's approval a schedule for the performance mining subsoil, air and water conditions,with reports and of the Architect's services which shall be adjusted as re- appropriate professional recommendations. quired as the Project proceeds, and which shall include 2.7 The Owner shall furnish structural; mechanical, allowances for periods of time required for the Owner's chemical and other laboratory tests, inspections and re- review and approval of submissions and for approvals of ports as required by law or the Contract Documents. authorities having jurisdiction over the Project. The Archi- 2.8 The Owner shall furnish such legal, accounting and tect shall consult with the Construction Manager to coor- insurance counseling services as may be necessary for the dinate the Architect's time schedule with the Project Project, including such auditing services as the Owner • Schedule. This schedule, when approved by the Owner, may require to verify the Pay- shall not, except for reasonable cause, be exceeded by ment or to ascertain how or for what purposes the Con- the Architect. tractors have used the monies paid by or on behalf of the Owner. ARTICLE 2 2.9 The services, information, surveys and reports re- THE OWNER'S RESPONSIBILITIES quired by Paragraphs 2.5 through 2.8, inclusive, shall be • furnished at the Owner's expense, and the Architect shall 2.1 The Owner shall provide full information regarding be entitled to rely upon their accuracy and completeness. requirements for the Project, including a program which 2.10 If the Owner observes or otherwise becomes aware - •- - of any fault or defect in the Project, or nonconformance • - - _ = with the Contract Documents, prompt written notice - thereof shall be given by the Owner to the Architect and -systems and site requiremel& the Construction Manager. 2.2 The Owner shall provide .a budget for the Project 2.11 The Owner shall furnish the required information based on consultation with the Architect and the Con- and services and shall render approvals and decisions as struction Manager, which shall include contingencies for expeditiously as necessary for the orderly progress of the bidding, changes during construction and other costs Architect's services and Work of the Contractors. which are the responsibility of the Owner. The Owner shall;at the request of the Architect, provide a statement ARTICLE 3 of funds available for the Project and their source. 2.3 The Owner shall designate a representative author- CONSTRUCTION COST ized to act in the Owner's behalf with respect to the 3.1 DEFINITION Project. The Owner, or such authorized representative, 3.1.1 The Construction Cost shall be the total cost or shall examine the documents submitted by the Architect estimated cost to the Owner of all elements of the Project and shall render decisions pertaining thereto promptly to designed or specified by the Architect. avoid unreasonable delay in the progress of the Archi- 3.1.2 The Construction Cost shall also include at current tect's services. market rates, including a reasonable allowance for over- 2.4 The Owner shall retain a construction manager to head and profit, the cost of labor and materials furnished manage the Project. The Construction Manager's services, by the Owner and any equipment which has been de- duties and responsibilities will be as described in the signed,specified, selected or specially provided for by the Agreement Between Owner and Construction Manager, Architect. It shall also include the Construction Manager's .o - _,- compensation for services, Reimbursable Costs and the _ - - _ - -- - - _ - - cost of work provided by the Construction Manager. 3.1.3 Construction Cost does not include the compensa- 3eat shall not be unreUSOnzbl} withheld. Actions taken tion of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are by the Construction Manager as agent of the Owner shall be the acts of the Owner, and the Architect shall not be the responsibility of the Owner as provided in Article 2. responsible for them. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 2.5 The. Owner shall furnish a legal description and a 3.2.1 The Architect, as a design professional familiar certified •land survey of the site, giving, as applicable, with the construction industry, shall assist the Construe- grades and lines of streets, alleys, pavements and adjoin- tion Manager in evaluating the Owner's Project budget ing property; rights-of-way, restrictions, easements, en- and shall review the estimates of Construction Cost pre croachments, zoning, deed restrictions, boundaries and -. -_ _ -- -- '-- - - . It is recognized, contours of the site; locations, dimensions and complete however, that neither the Architect, the Construction data pertaining to existing buildings, other improvements Manager nor the Owner has control over the cost of la- and trees; and full information concerning available ser- hor, materials or equipment, over the Contractors' meth- vice and utility lines both public and private, above and • ods of determining Bid prices, or over competitive bid- • below grade, including inverts and depths. ding, market or negotiating conditions. Accordingly, the 2.6 ' The Owner shall furnish the services of soil engi- Architect cannot and does not warrant or represent that AIA DOCUMENT 8141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION 5 B141/CM-1980 AIA''D • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 • Bids or negotiated prices will not vary from the Project customary contributions and benefits related thereto, budget proposed, established or approved by the Owner, such as employment taxes and other statutory employee if any, or from the estimate of Construction Cost or other benefits, insurance, sick leave, holidays, vacations, pen- cost estimate or evaluation prepared by the Construction sions and similar contributions and benefits. Manager. 3.2.2 No fixed limit of Construction Cost shall be estab- ARTICLE 5 lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- REIMBURSABLE EXPENSES paragraph 1.1.2 or Paragraph 2.2, or otherwise, unless 5.1 Reimbursable Expenses are in addition to the com- such fixed limit has been agreed upon in writing and pensation for Basic and Additional Services and include signed by the parties to this Agreement. If such a fixed actual expenditures made by the Architect and the Archi- limit has been established, the Construction Manager will tect's employees and consultants in the interest of the include contingencies for design, bidding and price esca- Project for the expenses listed in the following Sub- lation, and will consult with the Architect to determine paragraphs: what materials, equipment, component systems and types of construction are to be included in the Contract Docu- 5.1.1 Expense of transportation in connection with the ments, to make reasonable adjustments in the scope of Project; living expenses in connection with out-of-town the Project, and to include in the Contract Documents travel; long di"Stance communications; and fees paid for alternate Bids to adjust the Construction Cost to the fixed securing approvals of authorities having jurisdiction over limit. Any such fixed limit shall be increased in the. the Project. amount of any increase in the Contract Sums occurring 5.1.2 Expense of reproductions, postage and handling after the execution of the Contracts for Construction. of Drawings,Specifications and other documents, exclud- 3.2.3 If Bids are not received within the time scheduled ing reproductions for the office use of the Architect and at the time the fixed limit of Construction Cost was estab- the Architect's consultants. lished, due to causes beyond the Architect's control, any 5.1.3 Expense of data processing and photographic pro- fixed limit of Construction Cost established as a condition duction techniques when used in connection with Addi- of this Agreement shall be adjusted to reflect any change tional Services. in the general level of prices in the construction industry between the originally scheduled date and the date on 5.1.4 If authorized in advance by the Owner, expense of which Bids are received. overtime work requiring higher than regular rates. 3.2.4 If a fixed limit of Construction Cost (adjusted as 5.1.5 Expense of renderings, models and mock-ups re- provided in Subparagraph 3.2.3) is exceeded by the sum quested by the Owner. of the lowest figures from bona fide Bids or negotiated 5.1.6 Expense of any additional insurance coverage or proposals, plus the Construction Manager's estimate of limits, including professional liability insurance, requested other elements of Construction Cost for the Project, the by the Owner in excess of that normally carried by the Owner shall (1) give written approval of an increase in Architect and the Architect's consultants. such fixed limit, (2) authorize rebidding or renegotiation of the Project or portions of the Project within a reason- able time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in re- ARTICLE 6 vising the Project scope and quality as required to reduce PAYMENTS TO THE ARCHITECT the Construction Cost. In the case of item (4), the Archi- tect shall modify the Drawings and Specifications as nec- 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES essary to comply with the fixed limit, without additional 6.1.1 An initial payment as set forth in Paragraph 14.1 is cost to the Owner if the Architect has concurred in the the minimum payment under this Agreement. Construction Manager's estimate of Construction Cost, but subject to compensation as an Additional Service un- 6.1.2 Subsequent payments for Basic Services shall be der Subparagraph 1.7.11 if the Architect has not so con- made monthly and shall be in proportion to services per- curred. The providing of such service shall be the limit of formed within each Phase of services, on the basis set the Architect's responsibility arising from the establish- forth in Article 14. ment of such fixed limit, and having done so, the Archi- 6.1.3 If and to the extent that the period initially estab- tect shall be entitled to compensation for all services per- lished for the Construction Phase of the Project is ex- formed in accordance with this Agreement, whether or ceeded or extended through no fault of the Architect, not the•Construction Phase is commenced. compensation for Basic Services required for such ex- tended period of Administration of the Construction Con- tracts shall be computed as set forth in Paragraph 14.4 ARTICLE 4 for Additional Services. DIRECT PERSONNEL EXPENSE 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are 4.1 Direct Personnel Expense is defined as the direct sal- deleted or otherwise not constructed, compensation for aries of all the Architect's personnel engaged on the Proj- such portions of the Project shall be payable to the extent ect, and the portion of the cost of their mandatory and services are performed on such portions, in accordance MA DOCUMENT B141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION AIM) • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 6 • • with the schedule set forth in Subparagraph 14.2.2, based ARTICLE 9 - on (1) the lowest figures from bona fide Bids or nego- ARBITRATION dated proposals, or (2) if no such Bids or proposals are received, the most recent estimate of Construction Cost 9.1 All claims, disputes and other matters in question for such portions of the Project. between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof,mayy be 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL decided by arbitration in accordance with the Consiruc- SERVICES tion Industry Arbitration Rules of the American Arbitra- 6.2.1 Payments on account of the Architect's Additional tion Association then obtaining unless the parties .mutu- Services, as defined in Paragraph 1.7, and for Reimburs- ally agree otherwise. No arbitration arising out of or able Expenses, as defined in Article 5, shall be made relating to this Agreement shall include, by consolidation, monthly upon presentation of the Architect's statement of joinder or in any other manner,any additional person not services rendered or expenses incurred. a party to this Agreement except by written consent con- 6.3 PAYMENTS WITHHELD taining a specific reference to this Agreement and signed by the Architect, the Owner and any other person sought 6.3.1. No deductions shall be made from the Architect's to be joined. Any consent to arbitration involving an ad- compensation on account of penalty, liquidated damages ditional person or persons shall not constitute consent to or other sums withheld from payments to Contractors, or arbitration of any dispute not described therein or with on account of changes in Construction Cost other than any person not named or described therein. This agree- those for which the Architect is held legally liable. ment to arbitrate and any agreement to arbitrate with an 6.4 PROJECT SUSPENSION OR ABANDONMENT additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable 6.4.1 If the Project is suspended or abandoned in whole • under the prevailing arbitration law. or in part for more than three months, the Architect shall 9.2 *Notice of the demand for arbitration shall be filed in be compensated for all services performed prior to re- writing with the other party to this Agreement and with ceipt of written notice from the Owner of such suspen- the American Arbitration Association. The demand shall lion or abandonment, together with Reimbursable Ex- be made within a reasonable time after the claim, dispute penses then due and all Termination Expenses as defined or other matter in question has arisen. In no event shall in Paragraph 10.4. If the Project is resumed after being the demand for arbitration be made after the date when suspended for more than three months, the Architect's institution of legal or equitable proceedings based on compensation shall be equitably adjusted. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 7 9.3 The award rendered by the arbitrators shall be final, ARCHITECT'S ACCOUNTING RECORDS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall ARTICLE 10 be kept on the basis of generally accepted accounting TERMINATION OF AGREEMENT • principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient 10.1 This Agreement may be terminated by either party times. upon seven days' written notice should the other party • fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 8 10.2 This Agreement may be terminated by the Owner OWNERSHIP AND USE OF DOCUMENTS upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 8.1 Drawings and Specifications as instruments of ser- 10.3 In the event of termination not the fault of the Ar- vice are and shall remain the property of the Architect chitect, the Architect shall be compensated for all services whether the Project for which they are made is executed performed to the termination date, together with Reim- or not. The Owner shall be permitted to retain copies, in- bursable Expenses then due and all Termination Expenses cluding reproducible copies, of Drawings and Specifica- as defined in Paragraph 10.4. tions for information and reference in connection with the Owner's use and occupancy of the Project. The Draw- 10.4 Termination Expenses include expenses directly ings and Specifications shall not be used by the Owner attributable to termination for which the Architect is not on other 'projects, for additions to this Project, or for otherwise compensated, plus an amount computed as a completion of this Project by others provided the Archi percentage of the total Basic and Additional Compensa- tect is not in default under this Agreement, except by tion earned to the time of termination, as follows: agreement in writing and with appropriate compensation .1 20 percent if termination occurs during the Schematic to the Architect. Design Phase; or 8.2 Submission or distribution to meet official regulatory .2 10 percent if termination occurs during the Design requirements or for other purposes in connection with Development Phase; or the Project is not to be construed as publication in dero- .3 5 percent if termination occurs during any subse- gation of the Architect's rights. quent Phase. MA DOCUMENT B141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION 7 B141/CM-1980 AIA® • ®1980 • THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 • • • • ARTICLE 11 ARTICLE 12 MISCELLANEOUS PROVISIONS. SUCCESSORS AND ASSIGNS 11.1 Unless otherwise specified, this Agreement shall be 12:1 The Owner and the Architect, respectively, bind governed by the law of the principal place of business of themselves, their partners, successors, assigns and legal the Architect. representatives to the other party to this Agreement, and 11.2 Terms in this Agreement shall have the same mean to the partners, successors, assigns and legal representa- -• - - - •:e - - e, --- • e tives of such other party with respect to all covenants of CM, Cencral Conditions o -- _ - this Agreement. Neither the Owner nor the Architect shall = o assign, sublet or transfer any interest in this Agreement 11.3 As between the parties to this Agreement: as to all without the written consent of the other. acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to ARTICLE 13 run and any alleged cause of action shall be deemed to EXTENT OF AGREEMENT have accrued in any and all events not later than the relevant Date of Substantial Completion of the Project, 13.1 This Agreement represents the entire and integrated and as to any acts or failures to act occurring after the agreement between the Owner and the Architect and relevant Date of Substantial Completion of the Project, supersedes all prior negotiations, representations or not later than the date of issuance of the final Project agreements, either written or oral. This Agreement may Certificate for Payment. be amended only by written instrument signed by both '11.4 The Owner and the Architect waive all rights the Owner and the Architect. against each other, and against the contractors, consult- 13.2 Nothing contained herein shall be deemed to ants,agents and employees of the other, for damages cov- create any contractual relationship between the Architect ered by any property insurance during construction,as set and the Construction Manager or any of the Contractors,•- - -- •:t - • • Subcontractors or material suppliers on the Project; nor = = = = = shall anything contained in this Agreement be deemed to - '- - ---- - - . The Owner and the give any third party any claim or right of action against Architect shall each require appropriate similar waivers the Owner or the Architect which does not otherwise from their contractors, consultants and agents. exist without regard to this Agreement.. AIA DOCUMENT B141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION MA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 8 • • ARTICLE 14 . BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect,and the other Terms and Conditions of this Agreement,as follows: 14.1 AN INITIAL PAYMENT of Twenty thousand dollars ($ 20 000.00 ) shall be made upon execu- tion of this Agreement and credited to the Owner's account as follows: This amount is a retainer which will be credited against the last invoice (s) and is in addition to any fees paid to date against this Contract. 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation. including fixed amounts, multiples or percentages,and identify Phases or parts of the Project to which particular methods of compensation apply,if necessary.) • • The fee for the Basic Services described herein will be a fixed fee .of $465,000 which shall be distributed across the four phases as described below. • • 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Ser- vices shall be made as provided in Subparagraph 6.1.2,so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: • (Include any additional Phases as appropriate.)p, fixed fee of $465,000 Schematic Design Phase: (Completed) percent ( 0 %), Design Development Phase: $121,000 percent ( 2 6 %) Construction Documents Phase: 237,000 •percent ( 51 %) Bidding or Negotiation Phase: 9,000 percent ( 2 %) Construction Phase: 98,000 percent (21 %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, compensation shall be computed separately in accordance with Subparagraph 1.6.2. (Here insert basis of compensation which may be a stipulated sum fo•a given period of time or a multiple of Direct Personnel Expense as defined in Article 4. If a Multiple of Direct Personnel Expense is used, the Multiple should be clearly stated.) MA DOCUMENT B141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION AIA`') • C1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 9 • 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7,and any other services included in Article 15 as part of Additional Services, but excluding Additional Services of consultants, compensation shall be computed as follows: (Here insert basis of compensation, including rates and/or Multiples of Direct Personnel Expense for Principals and employees,and identify Principals and classify employees,it required. identify specific services to which particular methods of compensation apply, if necessary.) A. Rates for Additional Services Principals $80/hr Project Architect 60/hr Senior Draftsman 40/hr Junior Draftsman 35/hr • B. Postconstruction Services per Article 15.19 Work to be done on a Time and Materials basis with a guaranteed maximum cost of $60,000. . C. Furniture Plan and Selection per Article 15.18 Lump sum amount of $14,400. D. Telephone System Specifications (Design of building conduit is in base. Lump sum amount of $8,800. Contract) • • 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engi- neering services and those provided under Subparagraph 1.7.20 or identified in Article 15 as part of Additional Services, a multiple of 1.1 ( 1.1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 15,if required.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reimburs- able Expenses, a multiple of 1.1 ( 1.1 ) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. (see 15 . 2 0) 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. owex o€f 2 points above prime or (Here insert any rate of interest agreed upon.) the t>s.ghest. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.) 14.7 -The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within ( 24 )months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 8141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION AIM' • `01980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 10 ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 This contract includes Architectural, Structural, Landscaping, Mechanical, Plumbing, Electrical, Civil, Acoustical, and Cost Estimating services only. Any other services, such as wind analysis, not specifically mentioned will be considered an additional service. 15.2 The .Owner has hired Harris Associates, a Construction Manager, to represent them during the schematic design through post-construction phases. 15.3 Construction Manager will prepare all change orders and submit to Architect for review and signature with adequate back up and quotations. 15.4 Shop Drawings - Shop drawings consistant with the contract documents will be processed as per Section 1.5.13 of this contract. Shop drawings which are inconsistent with the contract • documents or which are submitted as alternatives not specifically listed on the contract documents will be considered Additional Services. Owner will notify contractor that any "cost-saving" alternatives submitted to the architect must include a breakdown of the cost savings including architects time for reviewing and processing the alternative. 15.5 Notwithstanding any other provisions in this . Agreement to the contrary, nothing herein contained shall be construed as: 1. Constituting a ' guarantee, warranty, or assurance, either express or implied , that the architectural services will yield or . accomplish a perfect outcome for the project; or 2 . Obligating the architect to exercise professional skill and judgement greater than that which can reasonably. be expected from other architects under like circumstances; or • 3 . An assumption by the architect of liability greater than or differing from those explicit in this agreement; or 4. An assumption by the architect of, the liabilities' of any other party. • ARTICLE 15 . OTHER CONDITIONS OR SERVICES Page Two 15.6 Litigation Expenses If either .party hereto shall bring an action , against the other by reason of the breach of any covenant, term, or obligation hereof, or other- wise arising out of this agreement, the prevailing party in such suit shall be entitled to its costs of suit and reasonable attorneys • fees which shall be payable whether or not such action is prosecuted to judgement. "Prevailing S party" within the meaning of this Section 15.6 shall include, without limitation, a party which dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or• S consideration substantially equal to the relief sought in the action. • 15.7 Project Publicizing In all instances where the owner or the owner 's _ representatives are. advertising, promoting, or otherwise publicizing the project, its features and/or its development, the architect's name shall, be included in such publicizing. Such inclusion of the .architect 's name shall be made at no expense to the architect, unless by prior agreement between the architect and the owner or the owner 's representative. Similarly, Architect agrees to include where reasonable the Owners and - Co-Developers in any of their publications. • ' J ARTICLE 15 OTHER CONDITIONS OR SERVICES Page Three 15.8 Right to Discontinue Work 1. Payments due the architect and unpaid 45 days after the date of invoice shall be considered a material breach of this agreement and architect will have the right to discontinue work on the project in such event. Architect is aware that funding through third party sources may cause delays in timely payment. If such occurs, with reasonable explanations and assurances for payment from the Owner, Architect will agree to continue work as required and as is reasonable. 2 . The architect has the right to withhold architectural documents and documents of consultants working under agreement with the • architect until payment is made. 3. The architect has no liability for any additional costs or delays to the project resulting from a discontinuance of work as a result of such late or non-payment. 15. 9 Architect/Consultant Agreements The terms and conditions of all architect/ consultant agreements and architect/engineer agreements related to the work shall be considered a part of this agreement in their entirety. Copies will be forwarded before execution of said contracts for owner 's approval . Owner agrees to review contracts in a timely manner . 15.10 Owner/Contractor Agreements The owner shall be solely responsible for ensuring that the agreement (s) between owner and contractors are in conformance with the conditions of the owner/architect agreement described herein. • • ARTICLE 15 OTHER CONDITIONS OR SERVICES Page Four • 15.11 Specifically omitted from this agreement are all design and construction review services relating to the contractor's safety precautions or to - means, methods, techniques, sequences, or procedures required for the contractor , to perform his work but not relating to the final or completed structure; omitted services include but are not limited to shoring, scaffolding, under- . pinning, temporary retainment or excavations and any erection methods and bracing. 15.12 The Owner agrees to include in any agreement with Contractors or Construction Managers the following: The Owner and the Contractor acknowledge that nothing in the Architect's engagement implies any undertaking by the Architect for the benefit of, or which may be enforced by the Contractor, its subcontractors, or the surety of any of them: it being understood that the Architects ' obligations are to the Owner and that, in performing such obligations, the Architect may increase the burdens and expense of the Contractor, its subcontractors, or the surety of any of them. . 15.13 Elaborate models or persentation drawings that require professional model makers or renderers are additional services. • ARTICLE 15 OTHER CONDITIONS OR SERVICES Page Five 15.14 Limitation of Construction Administration Services : The Owner and the Architect agree that the Architect's role during the Construction Phase of the project is as described in Article 1.2 herein ' and is limited to the following scope of services, based upon an average of one site visit per week for a thirteen month construction peri od. and one project meeting a week during the same duration. Architectural 1. Attend one preconstruction meeting. • 2. Perform weekly construction field observiations. 3. Attend weekly progress meetings to coincide with the weekly construction field observation. 4. Forward pertinent correspondence to Owner 's Construction Manager. Consultants As described in the consultant agreements . • • ARTICLE 15 OTHER CONDITIONS OR SERVICES Page Six 15.15 The following outlines but does not limit the responsibility of Architect, -Owner, Contractor and Construction Manager during Construction Administration. TASK Architect Owner Contractor CM, 1. Clarify, interpret documents X 2. Prepare, issue field orders X ° X 3. Prepare request for proposal X 4. Change order recommendations • X X 5. Prepare and issue Change Orders X 6. Submit Shop, Drawings and Samples . for -approval X 7. Review submittals X 8. Establish Construction Schedule X X 9. Cost Estimating' (prior to award of contract) X 10. Site Inspections X ' X X X 11. Project Safety X 12. Site Insurance X X 13. Agency Inspections,, tests/reports X X 14. Project Meeting notes X 15. Recommend Progress Payments X X 16 . Manuals of guarantees, instructions and maintenance schedules X 17. Substantial Completion Punch List X X X . -X 18. Final Inspection X X ' X X' 19. Certify Substantial Completion X X, . X 20 . Prepare AS-BUILT Drawings X X 15.16 The Design Development Phase, Construction , Documents Phase, Bidding Phase, and Construction Phase Services and Responsibilities are further defined as described in "City of Dublin Civic Center. Architectural Scope of Work", revised February 1987, and attached hereto as Exhibit "A" . ARTICLE 15 OTHER CONDITIONS OR SERVICES . Page Seven 15.17 Based on the Construction Manager 's observations at the site,, the recommendations of the architect and an evaluation of the Progress Payment, the Construction-iManager shall determine the amounts owing to the Contractor, and shall authorize a Payment in such 'amounts as provided in the Contract Documents. • 15.18 Interior Design Services - (except as related to furniture, furnishings, and related equipment) are included in the base contract. These include the selection and specification of- carpet, wall coverings, paneling, built-in cabinets, and casework and fixed, auditorium seating. Interior design services related to furniture selection are offered as an additional service at the lump sum price list in Article 14. 4.1, subject to the following scope of work : Work includes preparation of a "Furniture Plan" drawing showing furniture locations for each office and/or area in plan view, annotation ofi existing furniture supplied by the City, and selection and specification of new furniture, including color and fabric selection. Work does NOT include inventory of existing and equipment, purchase of new furniture or equipment, responsibility for. " delivery or installation of new furniture and equipment, responsibility for coordination or supervising the move of existing furniture and . equipment. 15.19 Post-construction Services described in Phase VIII of the "City of Dublin Civic Center Architectural Scope of Work" , revised February 1987, and attached hereto as Exhibit "A", are . - offered as an additional service on a Time and Material basis with a guaranteed maximum cost as listed in Article 14. 4.1. . • • • • ARTICLE 15 OTHER CONDITIONS OR SERVICES • 15 . 20 Reimburseable Expenses — Limitations — The total • reimburseable expenses shall be subject to the following limitations : • Total •Reimburseables shall not exceed $23, 000. (Based on 5 months @ $3, 200/month and 14 months @ $500/month) . The cost of printing and preparing • the bid documents shall not be subject to this • limitation. These costs shall be billed separately as provided for in Section 14. 5 . • • • • • • • • This Agreement entered into as of the day and year first written above. OWNER ARCHITECT City of Dublin George Miers & Associates 6cnn Dublin Blvd . , Suite 101 420 Sutter Street nuhlir , CA 94568' San Francisco, CA 94108 MA DOCUMENT 8141 1CM•• O\\\ER-ARCHITECT AGREEMENT • CO\5TRL'ClION ..MAN.\GE.MENr EDITION • JUNE 1900 EDITION AIA" • '1980 • rHE A.\IER:cAN I\SrITCTE OF ARCH'(UM.. :-3; \ii\V 1ORR A\ENUE. N.\V., WASHINGTON. D.C. 20006 B141/CM-1980 11 C I T Y O F 'D U B L I N PHASES IV - VIII CIVIC CENTER ARCHITECTURAL SCOPE OF WORK 1 - Design Development - Construction Documents - Bidding - Construction Contract Administration Revised February 1987 • EXHIBIT "A" • • SCOPE OF WORK . July,. 1986 NOTE,: Throughout the various phases, subsection "C" outlines . City of Dublin and Related Governmental ' Agency Consulting/Review/Approval Services. ., In order to ' avoid repetition in each phase., , a list of the typical agencies to be . included is shown below: County Agencies: Alameda County Flood Control & Water. Conservation District, Zone 7; Alameda County . Health , Care • Services Agency (Underground Storage Licensing) • • City Agencies : Planning, Building and Engineering Departments Other Agencies : Dublin San Ramon Services District (This agency ' provides water, sewer and fire protection services . Also, they control the Dublin Sports Grounds adjacent to the project site. ) ; ' Pacific Gas & Electric; Pacific Bell; Viacom Cablevision; Dublin-Livermore Disposal; and CalTrans , • • • SCOPE OF WORK TABLE OF CONTENTS PAGE PHASE IV: Design Development Services. 1 PHASE V Construction Documents Services . . 4 PHASE VI : Bidding Services . 7 'HASE VII: Construction. Contract Administration Services g • PHASE VIII: Postconstruction Services 11 PHASE IV - DESIGN DEVELOPMENT SERVICES - In the Design Development Phase the architect shall 'provide . services necessary to prepare from the approved Schematic Design . , Documents, for approval by the City, the Design Development Documents. These shall consist of drawings and other documents to fix and describe the .size and character of the entire -Project, including architectural,. structural, mechanical and electrical systems, materials and such other elements •as may be appropriate. Consideration shall be given to availability of materials, - equipment and labor, construction sequencing and scheduling . economic analysis of construction, user safety and maintenance requirements,' and energy conservation. The. following . . descriptions shall be_ the responsibility of the Architect. . A. Project Administration services consisting of design • development ,administrative functions including: - 1 . Consultation - • 2. Conferences . 3 . Communications ' 4 . Progress Reports when requested by City B. Coordination' of Disciplines/Document Checking services. . consisting of design development activities for: . 1 .: Coordination between the architectural work and .the. work - of engineering and .other ,involved disciplines' for the Project. 2 . Review and checking of documents prepared .for the Project. C. •City of Dublin Agency and Consulting/Review/Approval services consisting of design development activities including: 1 . City of Dublin and Construction Manager Consultations 2 . Agency consultations . 3 . Research of critical applicable regulations 4 . Preparation of written and graphic explanatory materials - : D. City of Dublin supplied' Data Coordination services - consisting of design development activities including: . 1 . Review and coordination of data furnished for the Project • as a responsibility, of the City -2 . Assistance in establishing criteria 3 . Assistance in obtaining data • • Page 1 - E. Architectural Design/Documentation services during the Design *Development Phase consisting of continued development and expansion of architectural Schematic Design Documents to establish the final scope, relationships, forms, size and appearance of the Project through: • 1 . Plans , sections and elevations 2. Typical construction details 3 . One ( 1) Study model 4 . Final materials selections 5. Equipment layouts F. Structural Design/Documentation services during the Design Development Phase consisting of continued development of the specific structural system(s ) and Schematic Design Documents in sufficient detail to establish: 1 . Basic structural system and dimensions 2 . Final structural design criteria 3 . Foundation design criteria 4 . Preliminary sizing of major structural components 5. Critical coordination of clearances 6. Outline Specifications or materials lists 7 . Cost and ease ofconstruction evaluation G. Mechanical Design/Documentation services during the Design Development Phase consisting of continued development and expansion of mechanical Schematic Design Documents and development of outline Specifications or materials lists to establish: 1 . Approximate equipment sizes and capacities 2. Preliminary equipment layouts 3. Required space for equipment 4 . Required chases and clearances 5. Acoustical and vibration control 6. Visual impacts 7 . Energy conservation measures ' 8. Maintenance and servicing criteria H. Electrical Design/Documentation services during the Design Development Phase consisting of continued development and expansion of electrical Schematic Design Documents and development of outline Specifications or materials lists to establish: 1 . Criteria for lighting, electrical, communication and data ' transmission systems 2 . Approximate sizes and capacities of major components 3 . Preliminary equipment layouts 4 . Required space for equipment 5. Required chases and clearances 6. Maintenance and servicing criteria Page 2 . • I . Civil Design/Documentation services during the Design Development Phase consisting of continued development and expansion of civil Schematic Design Documents and development of outline Specifications or materials lists to establish the final scope and preliminary details for on- site civil engineering work. J. Landscape Design/Documentation services during the Design Development Phase consisting of continued development and expansion of landscape Schematic Design Documents and development of outline Specifications or materials lists to establish final scope and preliminary details for landscape work. K. Interior Design/Documentation services during. the Design Development Phase consisting of continued development and expansion of interior Schematic Design Documents and development of outline Specifications or materials lists to establish final scope and preliminary details relative to: 1. Interior construction of the Project 2 . . Special interior design features 3 . Materials, finishes and colors . • 5. Millwork L. Materials Research/Specifications services during the Design Development Phase consisting of activities by in-house architectural personnel in: 1. Presentation for City approval or proposed General and Supplementary Conditions of the Contract for Construction for City approval 2. Development of architectural outline Specifications or itemized lists and brief form identification of significant architectural materials , systems and equipment and their criteria quality standards 3 . Coordination of similar activities of other disciplines M. Project Development Scheduling services during the Design Development Phase consisting of reviewing and updating previously established schedules for the Project. N. Statement of Construction Cost services during the Design . Development Phase consisting of updating and refining the . Schematic Design Phase Statement of. Construction Cost of the Project, taking into consideration: - Page 3 • • • • . 1.. Budget constraints 2. ' Availability" of materials and labor' 3. Project delivery procedures 4 . Construction sequencing - and 'scheduling. 5. Changes in scope of the Project . • 6. Adjustments in quality standards O. Architect will review and respond to comments included in Construction Manager' s Value Engineering Report. Response shall support recommendation -to either implement -suggestion . 'or reasons for not including 'the .suggestion. • • P. Presentation services consisting of presentations of Design Development Drawings and other documents 'by the Architect to the following: . • 1 . City Staff, Construction Manager and CCAC • . 2 . City Council/Residents PHASE .V - CONSTRUCTION DOCUMENTS -SERVICES In the Construction Documents Phase the Architect. shall' provide services necessary to prepare, from the approved Design Development .Documents, for approval by the ,City, Construction - • Documents . The construction documents shall consist of Drawings , Specifications and other documents -setting forth in' detail the requirements for construction of the Project and bidding and contracting for the construction of the,Project. The following -descriptions shall be the responsibility of the 'Architect: A. Project Administration services consisting of construction documents administrative functions including: 1 . Consultation • 2. Conferences • 4 . Communications - 5. ' Progress Reports -when requested by the City • B. Coordination of Disciplines/Document. Checking services consisting of construction documents activities for: • 1 . Coordination between the architectural 'work and the work of engineering and other involved disciplines for the • Project . . • 2 . Review and checking of documents prepared for the Project . • C . City of Dublin and Agency Consulting/Review/Approval services relating to applicable laws, statutes,. regulations and codes of regulating entities and consisting of Construction Documents Phase ' activities for : S Page 4 • 1 . City and Agency consultations 2. Research of applicable regulations 3.' Appearances 'on behalf .of the City at. agency meetings (if required) : . D. City-supplied Data Coordination services consisting of . . . activities. relatin.g, to the construction documents including ' 1.. Review and coordination of data furnished. for the Project • '. as a responsibility of the City . '2 . Assistance in establishing criteria • 3. Assistance in obtaining data . • _ E. Architectual- Design/Documentation services during the Construction Documents Phase consisting of preparation of Drawings based on approved Design Development Documents, setting forth. in detail the architectural construction requirements for the. Project. F. Structural Design/Documentation services during the . Construction' Documents Phase consisting of preparation of final structural engineering calculations, Drawings and Specifications based -on approved Design. Development - . • Documents, setting forth in detail. the structural . construction requirements for the' Project. • G. Mechanical Design/Documentation services during the Construction Documents. Phase consisting of preparation of final mechanical engineering calculations; Drawings and ' Specifications based on approved Design Development. Documents, setting forth in .detail the mechanical . construction requirements .for the .Project. _ H. Electrical Design/Documentation services during the - Construction Documents - Phase- consisting of preparation of • final electrical engineering calculations, Drawings and Specifications based on approved Design ,Development - • Documents , setting 'forth in detail the electrical • construction requirements for the Project. . I . Civil Design/Documentation services during the . Construction Documents Phase consisting of preparation of final civil engineering calculation, Drawings ' and • . Specifications based on approved Design• Development' Documents, setting forth in detail the civil construction • requirements for the Project. ' . . - J. Landscape. Design/Documentation services during the . Construction Documents Phase consisting-of preparation of . Drawings' and Specifications based on approved Design • • . Development Documents , setting forth in detail the landscape requirements for the Project. ' - - • - Page 5 . - . K. Interior Design/Documentation, services during .the - Construction Documents Phase ,consisting of preparation of Drawings, Specifications and schedules based on approved _ Design Development Documents, setting .forth. in- detail the • ' • requirements for interior construction. ... . • . . - L. Materials Research/Specifications during the Construction . Documents Phase consisting of activities of . in-house architectural personnel in: 1 . Preparation of Bidding Documents which describe the. time, place and conditions of bidding, bidding forms, and the - - . form(s) of Agreement between the City -and Contractor (s ) 2 . Development and preparation of. the Conditions of the • Contract (General, - Supplementary, and other Conditions ) 3 . 'Development_ and preparation of architectural specifications describing materials, systems and- • equipment, workmanship, quality -and performance criteria , . . required for the construction of _the Project 4 . 'Coordination of the development of Specifications -by other disciplines 5.- Compilation of Project Manual including Conditions- of- the Contract, Bidding Documents. and Specifications . M. Statement of .Construction Cost services during the Construction Documents- Phase consisting of advising the . City - of any adjustments -to, and, when' the Construction Documents are approximately 90 percent complete, updating of the • Design Development Phase Statement of Construction Cost of - . ' the Project, taking into account: . • 1 . Changes in materials, systems or details of construction . which have occurred during preparation of the • Construction Documents - ' 2. Known changes in the cost _of materials, -labor and - • , services since preparation' of the previous Statement of - - Construction Cost _ 3. Adjustments for known or anticipated changes in the - bidding market relative to•-the Project ' N. Presentation services consisting:of presentations of • Construction Documents and special presentation graphic displays by the Architect to the following: • 1. City Staff and Construction Manager..- ' , - . 2 . City Council - - - - - Page 6 • . 0. Biddability/Constructability Analysis services-:including: ' 1 . Review and response to all comments included- in the Construction Manager' s 'Biddability/Constructability . Report 2. Coordination of any responses which require input from. • other disciplines . 3 . - Responses shall include a written statement detailing each individual response . - . PHASE VI .- BIDDING SERVICES . • -In the Bidding -Phase the Architect following the City approval of - .the Construction Documents and of' the most recent' Statement of - Construction Cost, shall provide those service necessary,-for the - Architect to assist the City in" obtaining bids and in awarding , and preparing contracts for construction. • The following - ' • . descriptions. shall. be the responsibility of the Architect. A. Project Administration services. consisting of bidding " administrative functions including: - . 1. Consultation - - - ' 2. Conferences - • - 3. Communications . 4. Progress Reports when- reque:;ted by the City - B. Coordination of Disciplines/Document Checking- services consisting of bidding activities for: . , .1 . Coordination between the architectural work and the work - of engineering and other involved disciplines for the - Project. 2. Review and checking of documents prepared for, the - ' . Project. - - , C. City of Dublin and Agency Consulting/Review/Approval - services during the Bidding .Phase relating to applicable ' ' laws, statutes, regulations and codes of regulating entities - relating to the City interests before construction begins • City and Agency consultations - D.- City-supplied Data Coordination services- consisting of ' activities relating to bidding including: 1 . Review and coordination of- data furnished for the Project - - as -a responsibility of the . City " . Page 7 . • • 2. Assistance 'in establishing and evaluating criteria l 3 . Assistance . in obtaining data . • - E. Bidding- Materials services consisting of organizing- and • handling Bidding Documents for : . , 1. Reproduction - 2 . Completeness review . . • F. Addenda services consisting of preparation and distribution of Addenda as may be required during bidding and' including. . . supplementary Drawings, Specifications, instructions and notice(s ) of changes in the bidding •schedule and procedure. - • G. Bidding services consisting of: . 1. Participation' in. pre-bid conference • ., 2. _Responses to questions from Bidders and -clarifications or' interpretations of the Bidding Documents _ . 3. Attendance ,at bid opening H. Bid Evaluation services consisting -of: 1". Consultation with the Construction Manager o'n. the evaluation and award of bid ' , 'PHASE VII - CONSTRUCTION CONTRACT ADMINISTRATION SERVICES .. In the Constructiom Contract Phase the Architect' shall provide those serives necessary for the administration of the construction contract as set forth in the General Conditions, of the Contract for Construction. Unless otherwise provided the Architect -duties and responsibilities during construction shall , 'be set forth in the Agreement between the City and Architect. . The following descriptions shall be the responsibility of the party. indicated therein.. , . A. Project Administration services consisting of construction - contract administration functions including: 1. Consultation ' - = . 2, Conferences . , 3 . Travel Time -4 . Communications B. Coordination of Disciplines/Document Checking services consisting of construction contract administration - activities for: Page .8 • 1 . Coordination between the architectural work and the work .of engineering and other -involved diseiplines . for the - Project. 2. .Rev.iew and checking of documents prepared for the . Project. . . . . 3 Review of shop drawings and substitutions ' • C. City of Dublin and Agency Consulting/Review/Approval services during-the Construction Contract• Administration • . Phase relating to applicable .laws, statutes, regulations and - -—. codes' of regulating entities relating • to the City ' s interest ' . during construction of the. Project. . _ D. City supplied' Data Coordination services consisting of - activities relating construction contract. administration • including: ._ - • . 1. Review and_ coordinatio_' of data furnished for the Project - as a responsibility of _the ,City . . . . 2. Assistance in establishing criteria " 3 . Assistance in obtaining data . . - 4. Coordination of .delivery and installation of City ' . - supplied furniture and furnishings - . •E. Construction Administration'services. consisting of: ' J.. Processing of submittals, including receipt, review of, -. and appropriate action on Shop Dr.awngs, Product- Data, Samples and -other submittals required by the Contract Documents ° . • . . 2. Distribution of submittals to Construction Manager as required : . : . 3 . Maintenance of master file of submittals • • 4. Review all funding requests by Contractor 5'.. Review .all lien release:, by Contractor . , • F: Construction Field Observation services by Architect and . Engineers consisting of visits to the site at intervals • appropriate to the stage of construction or as 'otherwise . agreed in writing to .become generally familiar with the . progress and quality of the Work and to determine in general . if the Work is proceeding in accordance withthe -Contract • Documents , and preparing related reports and communications . • Page 9 G. Inspection Coordination services relating to independent inspection and testing agencies , consisting of : 1. Recommending scope, standards, procedures and frequency of testing and inspections 2 . Evaluating compliance by testing and inspection agencies with required scope, standards, procedures and frequency- 3 . Review of reports on inspections and tests and notifications to City and Contractor (s) of observed deficiencies in the Work H. Supplemental Documents services consisting of: 1 . Preparation, reproduction and distribution of supplemental Drawings , Specifications and interpretations in response to requests for clarification by Contractor (s ) or the City and as required by construction demands I . Quotation Requests/Change Orders. services consisting of : 1. Preparation, reproduction and distribution of Drawings and Specifications to describe . Work to be added, deleted or modified 2 . Review of proposals from Contractor (s) for reasonableness of quantities and costs of labor and materials 3 . Assist the City and its Construction Manager in negotiations with Contractor (s ) relative to costs of Work proposed to be added, deleted or modified J. Project Closeout services initiated upon notice from the Contractor (s) °that the work, or a designated portion thereof which is acceptable to the City, is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or utilization for the use for which it is intended, and consisting of: 1 . A detailed inspection with the City ' s Project Manager for conformity of the Work to the Contract Documents to verify the punch list submitted to the Contractor (s ) of items to be completed or corrected, * (including HVAC, electrical and fire protection systems ) • - 2 . Review of the amounts to be withheld until final completion 3 . Notification to City and Contractor (s ) of deficiencies found in follow-up inspection (s ) , if any Page 10 4 . Final inspection with the City' s representative and . Construction Manager to verify final completion of the Work 5. Obtain as-built drawing from Construction Manager 6. Review of final Progress Payment and recommendation to release Contractor ' s funds held as retention • • PHASE VIII - POSTCONSTRUCTION SERVICES In the Postconstruction Phase the Architect shall provide those services necessary to assist the Owner in the use and occupancy of the facility. The following descriptions shall apply as the responsibility of the Architect. A. Project Administration services consisting of postconstruction administration functions including : 1. Consultation 2 . Conferences 3 . Travel Time 4 . Communications 5. Progress Reports when requested by the City • B. Coordination of Disciplines/Document Checking services consisting of postconstruction activities for: I. Coordination between the architectural work and the work of engineering and other involved disciplines for the Project. 2. Review and checking of documents prepared for use or occupancy of the Project. C. Agency Consulting/Review/Approval services relating to applicable laws, statutes, regulations and codes of regulating entities that require compliance during postconstruction use, occupancy and operation. D. Maintenance and Operational Programming services consisting of: 1 . Assistance in the establishment by the City of in-house program(s ) of operation and maintenance of the physical plant and equipment 2 . Arranging for and coordinating instructions on operations and maintenance on equipment in conjunction with manufacturers ' representatives , working in conjunction with the Construction Manager 3. Assistance in the preparation of operations and maintenance manual (s ) for the City' s use Page 11 • . E. Start-up .Assistance: services .consisting of: . 1. On-site observation, troubleshooting and assistance in the - operation of building systems during initial "occupancy ' , . • 2 .• Assistance in the training of the- Owner ' s. operation.-and , - maintenance personnel in proper operation, schedules and • procedures - 3. Administration and coordination of remedial work by the- Contractor (s ) after final completion - , F. Record Drawings services consisting of: . 1. Making arrangements for obtaining from Contractor (s) .and other parties information certified by ,them on -all changes made during. . . . construction from the initial Contract- Documents and on the . . , location of concealed systems: as installed during, construction - 2 . .Review of general accuracy ,of information submitted and certified to by ; the Contractor (s) - . - - 3 . Preparation of record drawing, based on information furnished by - the Contractor (s ) , including significant changes. in the Work .made during construction ' 4. . Transmittal of-' record drawings and general- data, appropriately , . • identified, to the City and. others as directed G. Warranty Review services consisting -of: 1 . Consultation and recommendation to the City during the duration of warranties in connection with inadequate performance of materials, • systems and equipment under warranty ., . . 2. - Inspection (s ) prior to expiration of the warranty period(s ) to • ascertain - adequacy of performance of materials systems and equipment . . - - 3. Documenting defect or deficiencies- and assisting the City in , preparing instruction to the Contractor (s ) for correction of noted . defects - - . . - . . - Page. 12 • • . 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