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HomeMy WebLinkAbout4.15 Extend Civic Center Architect Agreement CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 10, 1989 SUBJECT Extension of Civic Center Architectural Agreement EXHIBITS ATTACHED o Current Agreement dated February 9, 1987 including Amendments 1 and 2 • Letter dated February 17, 1989 regarding Furniture Selection • Proposed Amendment RECOMMENDATION %` Receive Staff Report and authorize Mayor to execute Amendment No. 3 FINANCIAL STATEMENT: Total costs are estimated not to exceed $98, 340 . Adequate funds are available in the Construction Contingency of the Civic Center Budget. DESCRIPTION Two years ago, the City Council approved an agreement for Architectural Services . At that time, the agreement made certain assumptions regarding the length of the construction period. Under Section 14 . 7 . 2, the agreement also provided that in the event that the services extended beyond 2 years, the rates were to be adjusted. The Architect has submitted a fee request which has 4 elements. Staff has discussed each element with the Architect. The following discussion outlines the changes proposed in the recommended amendment to the agreement. Reimburseables Total reimburseables were limited to $43, 000 to the end of the current Architectural Agreement. The Architect and subconsultants may only bill reimburseable expenses incurred. Typical reimburseables include: blue print services, mailing costs, FAX costs, mileage/travel, telephone and photocopying expense. Given that the Civic Center project has extended beyond the time anticipated in the original Architectural Agreement, Staff believes that it is prudent to consider a revision to the reimburseable budget. Based on past experience, the Architect has expended $600 per month and has actually used all of the reimburseable expenses allowance as of September, 1988. Staff is recommending a total increase of $7, 300 in reimburseables . This provides for $600 per month for October through July. In addition, $1 , 600 has been allotted for 2 site visits by WMFL of Spokane, WA to review the Police Facility. This firm was involved with the design and specification of equipment for the Police Facility. Furniture Selection and Specification The Architect has requested that the lump sum cost shown in Section 14 . 4 . 1 (c) be increased by $640 . This cost relates to furniture selection and specifications . As with the entire agreement, the original fee was negotiated over 2 years ago. The interior design firm has expended additional hours on the project arranging for the delivery of samples from several manufacturers . The proposed fee adjustment would compensate for these services. Additional Services Section 15 . 4 of the architectural agreement authorizes payment for the review of shop drawings which are inconsistent with the contract documents as additional services . The agreement with Dickman-Nourse, Inc. , does not -------------------------------------------------------------------------- �9 � COPIES TO: Steve Meyers, City Attorney' s Office ITEM NO. `'; George Miers & Associates specify reimbursement for excessive shop drawing review. In cases where the Architect has reviewed the submittal an excessive number of times, the Architect is requesting payment for their services. The Architect has also requested reimbursement for reviewing items which were not originally a part of the contract drawings . For example, the PG&E representative suggested that the City consider adding room occupancy sensors in certain areas to reduce the City' s future energy costs. Staff believes that the Architect should be compensated for additional time on this item. The total cost of all changes for additional services Staff is recommending approval of is estimated at $4, 400 . Construction Administration Staff has requested that the Architect provide a proposal for continued Construction Administration services. The Architect has expressed a concern that to date, the hours expended have exceeded the original estimate by a substantial amount. As stated in Section 15 . 14, the construction services as envisioned in 1987 were to be no longer than 13 months and the Architect was only required to make 1 site visit per week. The proposed amendment will need to address both issues . First, the actual construction period which was included in the original document was shorter than what was determined once the construction drawings were complete. Given the Architect' s experience with bidding work on a lump sum basis, the Architect has been reluctant to provide the City with a lump sum contract, which Staff considers reasonable. For example, the Architect has indicated that in order to guarantee against unforeseen items, the Architect would only enter into a lump sum agreement at approximately $27, 000 per month. Staff reviewed time sheets for the Architect' s Principal Construction Manager and found that from January through February, his time averaged 172 hours per month. Using this as a base, Staff added approximately 35-46 hours per month for other members of the Architect' s firm. The range reflects the different hourly rates for a Project Architect vs. a Principal. In addition, Staff assumed subconsultants billings at approximately $2, 500 per month. Based on this breakdown, Staff felt that a more realistic estimate of Construction Administration time would be $19, 000 per month. Staff has proposed that the Architect bill the City for extended contract services on an actual time expended basis . The Architect has proposed to use the same hourly rates as were included in the original 1987 agreement. The average monthly expenditures for the period of March thru the date of occupancy shall not exceed $19, 000 per month. It is anticipated that once construction is complete, architectural services after occupancy shall not exceed $10, 000 . The proposed amendment provides an extension of . the Construction Administration Services on a monthly basis . All payments shall be based on the actual hours of service rendered. The Architect shall provide the City with adequate documentation of the services. The purpose of this documentation is to assure that the City is not being billed excessive amounts of time for minor items and to avoid excessive billings for items which are corrections and should have been part of the original documents . In order to provide some latitude in the contract, the proposed contract amendment would allow the City Manager to approve compensation for additional services up to 25% of the estimated monthly service charges, without bringing the entire agreement tothe City Council. for revision. The proposed contract would also require a minimum of site visits on 2 days during the work week by the Architect' s Project Manager to expedite the review of construction design modifications. Recommendation Staff recommends that the City Council receive the Staff Report and authorize the Mayor to execute Amendment No. 3 to the Architectural Agreement. THE ._RICAN INSTITUTE OF HITECTS AIA Document B141 1CM `A— , • Cu � ��� CONSTRUCTION MANAGEMENT EDITION '.1 Standard Form of Agreement Between Owner and Architect 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCE5;CONSULTATION WITH AN'ATTORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AIA Documents 8801, 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. : 197 , mThe lmc ican Inalitute of York A% nuc Copyright 19m, . '.'-.'x., '•.\'ashirgton n.�, 'n005.. . Repr OduCtion Uf the material herein or substantial quotation ,. :,�. �s'rlhuut ��ritlen periliissron u� 11'ie��r 1 •ri�i,ie5• the copyright laws of the United Slates and will be subject to Icgal prosecution. AIA DOCUMENT 8141/CM - OwNER•ARCHOECT AGREEMENT - CONSTRUCTION MANAGEMENT EDITION JUNE 1980 EDITION AIAa - ©1980 • T14E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Q141 1Cht-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. 1 M TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER 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--4ese4bed--is she-1StaflE#a4-Fecc4•-af- iti.tht e3timate of E 3tnsction-Evst and-sfial}assist-the A�re�ment+et,,seerr6 /rm, and agw.r A,"-Dcu•,ume"Raa1,.3-9aaedaioa.-They shall St. Cr;QJ3.cnst :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 qua[- 15 as part of Basic Services. ity of the Project or in the Project budget authorized by SCHEMATIC DESIGN PHASE (completed) the, Owner, the Architect shall prepare, for approval by 1• the Owner, Construction Documents consisting of Draw- 1.1. The Architect shall review the program furnishe ings and Specifications setting forth in detail the require- by th Owner to ascertain the requirements of the Pro c 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 informed of any changes in requirements or in construc- Owner. 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 edjti�E 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 a 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 wne 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 illust 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 tQECIITfATTOid 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 Construct) n fvlanager's the Construction Documents and the latest estimate of review, whit will be made so as to cause no elay to the Construction Cost, shall assist the Construction Manager Architect. in obtaining Bids eFf+ego-t+a�ec1-pfepasaJ•s by rendering 1.1.6 U on completion of the Schematic Desig Phase interpretations and clarifications of the Drawings and the AT itect shall provide the drawings, outline s cifi- Specifications in appropriate written form. The Architect cati s and other documents approved by the Ovvne for shall assist the Construction Manager in conducting pre- th Construction Manager's use in preparing an estima a award conferences with 5=cnsfal 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 'rra 2tT'f fvr 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. o__ ....•.. �pfupriate;_. ,- c rt, Vic- i-iale4s otherwise 'prop rded yri„this'Agreement-and ., mss:..- :._�- "end`"sucfl'otherelements-a5-may-be•a 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 81411CM - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGEMENT EDITION - JUNE 1980 EDITION AIA9 - C1980 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006 8141/CM-1980 2 Progress vide administration of the Contracts for Construction as -tifieme lot Payment shall not be a representation that the set forth below and iR the 49go W4 08n of AIA IDeetiment Architect has made any examination to ascertain how or _ for what purpose the Contractors have used the monies . 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 Construc- 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 Contractor(s),may 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 Co nor 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 nec- any outer 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 accordance with the provisions of the Contract Docu- 1.5.6 The Architect shall at all times have access to 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 I�?erretidflr�t -9it�— 1.5.7 Besed-orrt�e-�r�� r action only after consultation with the Construction tlteEeerrflafiere -tk�e-Ee+a4twc�ieR-.+*�aRageF +� Manager. (See 15 .4) �' ar�•Ewal,�at�o+ref-t#�reje•et-1A�at+err-ferftia3�e+rt,-Elie 1.5.13 The Architect shall receive Contractors' submit- ATrtE)FS rStTatt-d>'tgrrr>1rr�tht rrravrrts�Rtrrg-ttr-III 1?{ tals such as Shop Drawings, Product Data and Samples 4+ac�efs-ar+c =J {-is�E+e a Pfoject�ef�+ icate-fer-�ay+aer�F from the Construction Manager and shall review and ap- �T,-scTrh-�rtT>ltrirts asprrnfdtt-m-thzrc'rm113cr6Q prove or take other appropriate action upon them, but 1.5.8 only for conformance with the design concept of the shall cumtittrte=rcrpT==tf= by tare AIHlrtrct-t0-thy Project and with the information given in the Contract {3�T�reT�kTt -based an the Documents. Such action shall be taken with reasonable sTtr77pr6ViV T tf3T1 promptness so as to cause no delay. The Architect's ap- rvml�rrrrt�-tire-flrojeet-riratiwrfe>r-P,t}wrerrt-�k3rk proval of a specific item shall not indicate approval of an ttsT ProrgTssud_t��3�irT�7Td��1%-tB-Th�tmn� assembly of which the item is a component. Tlr A7ChtTCt'' tMt�u u, -arrd--brh-e , ttt' 1.5.14 The Architect shall review and sign or take other _t appropriate action on Change Orders prepared by the 134IEe ii[i the Gentraet—Detetiment, upon—k+-2F+al- Construction Manager for the Owner's authorization in accordance with the Contract Documents. - (See 15. 3) y ea ElAde• the reWFRE' ^""k•ments, 1.5.15 The Architect shall have authority to order minor changes in Work not involving in adjustment in a Con- -'�' •,_tFa1=t°-Sure.-o?r-'an-evfL-nsiOr1-'Of a,4CO'r1tfi.YC�T''•T stated iR the PFejeEt GeFt a, to T^. PR 'Fl4eFlPi l^d are not inconsistent with the intent of the Contract Doc- t} -t}T - , 11 d1 �palm, in the uments. Such changes shall be effected by written order r,-(11e issuance of a pct GeF issued through the Construction (Manager. AIA DOCUMENT 814V00 • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION 3 8141/CM-1980 AIA& • (c 1980 • IHE AMERICAN INSTITUTE OF ARCHITECTS, 173i NEW PORK AVENUE, NAV., WASHINGTON, D.C. 2CL106 1 / 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 ager, retained by the Owner. * 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. 7.6.1 If the Owner and the Architect agree that more 1.7.12 Preparing Drawings, Specifications and support- ing data and providing other services in connection with extensive representation at the site than is described in Change Orders. Paragraph 1.5 shall be provided, the Architect shall pro- �.a �� -a., _ _to be,-_ , led vide one or more Project Representatives to assist the Ar- extent that any Change Order not required by causes chitect in carrying out such responsibilities at the site. solely within the control of the Architect results iR an 1.6.2 Such Project Representatives shall be selected, employed and directed by the Architect, and the Archi- :,T, ,r,,, - ed of the 'FEhiieEt tect shall be compensated therefor as mutually agreed shall be equitably _ ed between the Owner and the Architect, as set forth in an 1.7.11 .Making im',estigations, surveys, valuations, inven- exhibit appended to this Agreement, which shall describe tories; detailed appraisals of existing facilities, and serv- ices required in connection with construction performed such Project Representatives. by the Owner. 1.6.3 Through the observations of such Project Repre- 1 714 Providing consultation concerning replacement of sentatives, the Architect shall endeavor to provide further any Work..damaged by fire or other cause during con- protection for the Owner against defects and deficiencies struction, and aged by services as may be required i con- in Work, but the furnishing of such Project representation furnishing Y q 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 shoving significant changes in Work made during con- to the compensation for Basic Services. struction based on marked-up prints, drawings and other data furnished to the Architect. (See 15g. 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 o,,er 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 terns 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 anv public hearing, arbitration proceeding or facilities, or to make measured drawings thereot, Or to or legal proceeding. verify the accuracy of drawings or other information fur- 1.7.20 Providing cervices of consultants for other than niched by the Owner, the normal architectural, structural, mechanical and elec- 1.7.6•. Providing services..iq connection \\,ith alternative tr;.. CT, ru ?rinn ?n.iCes.for the PrOi*rctL. designs for cost estim�iirig or bidci"* purposes. 1.7.21 'C'wviuing 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 DOCU�\TENT B1Jt;CA1 OWNER:\RCTIIIF.CT AGREE..\IE`r • CONSTRUCTION .MANAGEMENT EDITION • IUNE 1980 EDITION AIA-V • ©1900 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW PORK AVENUE. NAV.. \NASHINGTON, D.C. 20006 B141/CN1-1980 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 test 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 PF8je6I Appliemiang for 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, ' 0 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 ai;d site FeEluiFewei:4,, the Construction ,Manager. 2.2 The Owner shall provide a budget for the Project 2.11 The O\vner 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 responsibi.l-i,ty, o.Lthe O\vner. 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 test'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 10anager'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 1 1, n,, n r-,..- o . ooze, enE 68E11, 1 8t3 E ;' n T rTei�Ii � 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- . Actions taken tion of the Architect and the Architect's consultants, the by the Construction Manager as agent of the Owner shall cost of the land. rights-of-way, or other costs which are be the acts of the Owner, and the Architect shall not be the responsibility or 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 industrv, shall assist the Construc- grades and lines of streets, allej•s, pavements and adjoin- tion Manager in evaluating the Owner's Project budget ing property; rights-of-\vay, restrictions, easements. en- and shall review the estimates of Construction Cost�e- croachments, zoning, deed restrictions, boundaries and n r d r... ,I \, �^ 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 `tanager nor the Owner-has, cantrol.over,th.e cast of.la- "and"trees; and full info7mSai,Yn:.cooc.t.rni(a `1Vailahle,Ser- - � � - lii�r; nulierial; 0r"-eq0ip1ieiit,'6\`er-the Contractors"meth- vice and utility lines both public and private, above and odi of determining Bid prices. or over competitive bid- below }trade, including inverts and depths. (lint;, 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 8141,0,1 • O%VNI'R \RCI11(Fcr ,\GREF.,1ENr • CONSTRUCTION \I\NACEMENT EDITION • JUNE 1980 EDITION 5 B141/Ch1-19110 a:,1n8(1 • THE AMERICAN INSIITUIE OF ARCHITECTS, 1733 NEW 101:, AVENUE, N.w.. 1VA5111NGTON, D.C. 1XV6 1 � - 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 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- 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 distance 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 [lie 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- i 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 -C,c,,Il;.in ttiort. Cost and any-portions of•the Project al, 4.1 Direct Personnel Expense is defined as the direct sal- cleicteci o'r othen�ise 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 AIA DOCUMENT B1411CN • OWNERoARCHITECT AGREE.\1ENT • CONSrRUCTION MANAGEMENT EDITION • )UNE 1780 EDITION AIA9 01700 THE A�rERIC.\N INSTITUTE OF ARCHITECTS, 1,735 NEW YORK AVENUE, NA\'.• \\'ASFIINGTON, D.C. 2014)6 6141/CM-1930 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 tiated 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,may be 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL decided by arbitration in accordance with the ConsTruc- 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- taining a specific reference to this Agreement and signed 6.3 PAYMENTS WITHHELD 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 sion 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.orticial regulatory .2 10 percent If_termination. occuri &ring..the. Design. - requirements or for c1ther purposes In connection with Devei6j3i-erit Pha5e; 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. AIA DOCUMENT 6141iCM • OWNER-ARCHITECT AGREEMENT - CON5TRUCTION MANAGEMENT EDITION • JUNE 1960 EDITION 7 6141/00-1980 AIA-'t 01980 • THE AMERICAN INSTITUTE OF ARCHITECTS 1.33 NEW 1ORR AVENUE, NAB'., \VASHINGTON, D.C. 2LXC'6 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 : ,E!F .. 45 A,,FeeF..,,,.,, -ti,n ,., the S,.,,e R;e,.,_ to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 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 se E and the Construction Manager or any of the Contractors, , , , 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 DOCU.NENT 81311CM OWNER•4RCIIITECT AGREEMENT CONSTRUCTION AIANAGEAIENT EDITION • JUNE 1980 EDITION AIA'& • ©1980 • THE AMERICAN INSTITUTE Of ARCHITECTS. 1,35 NEW YORK AVENUE, NAY., WASHINGTON, D.C. 20006 8141/GM-1980 8 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance %%ith 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, it 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.)A f ixed f ee of $46 5, 000 Schematic Design Phase: (Completed) percent ( 0 °ro) 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 °10) 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 compe—atoon which may be a tipulved sum for a given period of time or a.\(uhiple of Direct Personnel Expense as defined in Article 4. If a Multiple of Direct Personnel Expense is used, the .Multiple should be clearly stated.) AfA DOCUMENT 8141/CM • Ot%NFR_xRCHITECT AGREE,�sENT • CUN}TRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION AIAa f t7tw THE AMERICAN :Nii1111TE Of AF.CII11EClc. 1"SS NEW IORK AVENUE. N.K. %%ASHINGTUN, D.C. .POt1b 8141/Cht-19x0 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 attnunt 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 SLIbparagraph 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 T5,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 . 20) 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. kLiowetr"0f 2 points above prime or (Here insert any rate of interest agreed upon.) the FitI est. (Usun lases 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 else%,here 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 Nvith 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..,IE.'i`IE SERVICES.co%,,ered,by>tbis.A.gre.ement.haA'e not.been completed within.. _. ... ... ;,, •.. , ... . . . ( 24 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates anu multiples set forth herein shall be equitably adjusted. AIA DOCUMENT B1Jt/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION AIA'' • �1980 • THE A.1,IERiCAN INSTITUTE OF ARCHITECTS. 1733 NEW PORK AVENUE, N.Av., WASHINGTON, D.C. xm B141/00-1980 10 V 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 noti.fy 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 ,......._ _.._. , hiab •lities 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 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 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 . 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-p-ayment 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 d.escr ibed here in. v._ 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 period and one project meeting a week during the same duration. Architectural- 1 . Attend one preconst.ruction meeting. 2. Perform weekly construction field observiations. 3 . Attend weekly progress meetings to coincide - - with the weekly co;�struction 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 C14 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 "All 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 Manager 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 o{i 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 furniture 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 AgreemenL entered into as of the dat and \e.ir first \\ritten iho\e. OWNER ARCHITECT city of Dublin George Pliers & Associates _r,c511.0- nuhl in Blvd Suite 101 420 Sutter Streets nlih'i ir , CA 94568 San Francisco, CA 94108 AL\ UOCU.\1ENT OtJLC.\f (�\1\F l' \SCNifECr -\c,--Lmi:\I' • (:o\�I\'..CI';OX .\1\\.\GENtc\r EDITIO.\ • IUNE 17fJ LDIifON �i:\ .; I";cn . rr+E n.\I1r;(:\\ i\>iu�u: r+I \:iuuL t .:'.\ ll l;� \\t:\tr \.t', . \\.\sin\;:ro\. 11. vf, B141rC.M-1980 "11 C I T Y O F D U B L I tI PHASES IV - VIII CIVIC CENTER ARCHITECTURAL SCOPE OF WORK - Design Development - Construction Documents - Bidding - Construction Contract Administration Revised February 1907 EXHIBIT "A" C I T Y O F D U B L I N PHASES IV - VIII CIVIC CENTER ARCHITECTURAL SCOPE OF WORK - Design Development - Construction Documents - Bidding - Construction Contract Administration Revised February 1957 EXHIBIT "A" SCOPE OF WORK July, 1986 NOTE E: 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 -��i-strict (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 S-�rvices . . . 4 PHASE VI : Bidding Services 7 =HASE VII : Construction Contract Administration Services 8 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 of construction 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_....:R.e.q u.i.r e d ..e.h a sre�s-�-..a.n d :c l e-ar�a n c.e s 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 continue: 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 revie,,,inc 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 schedulinc 5 . Changes in scope of the Project 6 . Adjustments in quality standards O. Architect will review and respond to corrrients 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. •o.f..,regul:atting;,_;e.n,t.i ties-and.,cens s_ti•rrg,�_of x,:.: _:, s-.•.:...., _ Construction Documents Phase activities for : Page 4 1 ' 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 relating 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_ Docu.ments- 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 ncluding: 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 services 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 R. 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 B:I.dding 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 t:stablishing and evaluating criteria 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 on the evaluation and award of bid PHASE VII - CONSTRUCTION CONTRACT ADMINISTRATION SERVICES In the Constructit,.n 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 durinc 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 dministration . activities for : Page 8 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 . 3 . Review of shop drawings and substitutions C . City of Dublin and Agency Consulting/Review/Approval services during the C-)nstruction 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 to construction contract administration including : 1 . Review and coordinatio:1 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: I . Processing of su'-)mittals, including receipt, review of, and appropriate action on Shop Drawings, 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 with the Contract 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-t;p inspection (s ) , if any Page 10 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 Contractors) of deficiencies found in follo,.a-tip 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 :.__ 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 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 . Inspections ) 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 FIRST AMENDMENT TO AGREEMENT FOR ARCHITECTURAL SERVICES CIVIC CENTER George Miers & Associates, hereinafter "ARCHITECT" and the City of Dublin, hereinafter "CITY" hereby amend the Standard Form of Agreement Between Owner and Architect dated February 9, 1987. WHEREAS, regulations are currently pending which would require the Building Official to review a "dynamic analysis" on the Civic Center Project; and WHEREAS, the provision of a dynamic analysis is a prudent measure given the nature of the building as an essential facility; and WHEREAS, this requirement was not anticipated nor included in the scope of services when the fee was originally negotiated between the Architect and the City. NOW, THEREFORE, the parties agree that: 1 . Section 14 . 2 .1 shall be increased by $11, 000 to reflect a total fixed fee of $476, 000. 2 . Section 14 . 2 . 2 shall be amended to read: A Fixed Fee of $476, 000 Design Development Phase $121, 000 Construction Documents Phase $248, 000 Bidding or Negotiation Phase $ 9, 000 Construction Phase $ 98, 000 3. Section 15. 21 shall be added to read: Dynamic Analysis - Agreement shall include all professional services required for completion of a dynamic analysis . Owner shall provide data from Geotechnical Engineer to Structural Engineer and other appropriate members of the design team. Dated: August 10, 1987 FOR CITY: 4a�J Jef f y M yor ATTEST: City C erk FOR R � ECT: W/v / rLY Ge rge iers l GEORGE- MIERS & ASSOCIATES Architecture and Planning; November 2, 1987 Mr . Paul Rankin Assistant City Manager City of Dublin 6500 Dublin Blvd . , Suite 101 Dublin, California 94568 Dear Paul, The purpose of this letter is to request additional fees to cover the cost of preparing construction drawings for the clocktower . The drawings we prepare will be ready to be issued as an addendum no later than Monday, November 16th. They will be completely detailed drawings, suitable for bidding and construction of the clocktower, rather than the - design/build drawings discussed earlier . - - Our fee request for this work is $16, 900 for ourselves and our consultants. A breakdown of the fee, and the scope of work it covers is as follows : 1 . For David Gates & Associates, $1, 200 for two drawings, one to illustrate the necessary revisions to the existing ballfield irrigation system in the vicinity of the clocktower , and the second to illustrate a new planting scheme for the same area. 2 . • For Vogel & Meyer (Structural Engineers) , $5, 500 to design a structural system, to prepare two sheets of drawings and details for the structure, and to prepare structural calculations for City approval. 3 . For Silverman & Light (Electrical Engineers) , $2, 000 to design a lighting system to light the tower at night, a second system to illuminate the clock faces, and to make appropriate revisions to their drawings to specify the new work . •l')o Sutter Street S;m Francisco, CA 94108 (-115) 896-0305 i 4 Mr . Paul Rankin November 2, 1987 Page Two 4. For George Miers & Associates, $8, 200 to prepare three sheets of working drawings to illustrate the construction of the clocktower . (The costs to design the clocktower , which have already been incurred , will be considered as part of the base contract design fee) . We hope to have preliminary drawings for you, Brian Danley, and Vic Taugher to review by Tuesday, November 10th. Sincerely, taw William Hoffn n �.- cc : Brian Danley David Gates Ron Vogel Chuck Silverman CjEUkGE MILKS & ASSOCIATES Archilcclure and Planninq February 17, 1989 Mr. Paul Rankin City of Dublin 6500 Dublin Blvd Suite 101 Dublin, CA 94568 Re: Dublin Civic Center Furniture Selection - Extra Services Dear Paul: Julie Clarke has spent an additional 7.5 hours, over and above what she feels is included in her agreement with us, arranging for the delivery of some 15 chairs to the City offices, at the City' s request. I am forwarding her letter, along with this letter, because I feel her extra time is also not a part of our agreement with you. As I am sure you remember, during our initial fee - negotkations on the furniture contract, the City asked us. to cut our initial request to a third of its original size. We agreed to this on the condition that the City do as much of -the work in the furniture procurement process as possible. We asked particularly not to get involved in long selection processes, escorted tours of showrooms, and other special custom services such as the delivery of furniture to your offices for your review. Julie has chosen not to make an issue of the escorted tour of tables last year, but she is requesting an extra for the time it took to arrange for the delivery of all those chairs. The time she spent certainly saved your staff and the Council Members many hours of time that would otherwise have been spent visiting the selected showrooms on their own time. I think her request is well founded. I hope you will give it you kindest consideration. Sincerely, Willi m Hof1fma n al cc: Julie Clarke DEC: u 1987, SECOND AMENDMENT AGREEMENT FOR ARCHITECTURAL SERVICES CIVIC CENTER George Miers & Associates , hereinafter "ARCHITECT" and the City of Dublin, hereinafter "CITY" hereby amend the Standard Form of Agreement between Owner and Architect dated February 9, 1987 . WHEREAS, the City of Dublin desires George Miers & Associates to complete detailed drawings of a clocktower for the Dublin Civic Center; and WHEREAS, the specific work to be performed is outlined in a letter dated November 2, 1987 (attached hereto and made a part hereof) ; and WHEREAS, George Miers & Associates have experienced larger reimburseable expenses than were originally estimated. NOW, THEREFORE, the ARCHITECT and the CITY agree that: 1 . Section 14 . 4 .1 shall be amended to include: E. Clocktower Design and Specifications Lump Sum Amount of $16, 900 - 2 . Section 15. 20 shall be amended to read: Reimburseable Expenses - Limitations - the total reimburseable expenses shall be subject to the following limitations : Total Reimburseables shall not exceed $43, 000 . 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 amendment shall supersede the Section 15. 20 contained in the agreement dated February 9, 1987. Dated: November 9, 1987 Forte chitect: -A- eorge Miers For City: LindA J. Je ery, of ATTF�S- . city C17erk THIRD AMENDMENT TO AGREEMENT FOR ARCHITECTURAL SERVICES CIVIC CENTER George Miers & Associates hereinafter "Architect" and the City of Dublin, hereinafter "City" hereby amend the Standard Form of Agreement between Owner and Architect dated February 9, 1987 . WHEREAS, the agreement contains language allowing the cost of services to be amended after two years have elapsed; and WHEREAS, the construction time frame has extended beyond what was anticipated prior to the completion of construction drawings; and WHEREAS, the Architect has performed work outside the original scope of services. NOW, THEREFORE, the parties do hereby agree to further amend the agreement as follows: Section 14. 4. 1 (C) The total amount for preparing the Furniture Plan and Specifications shall be increased by $640. 7 A new Section 14. 4. 1 (E) shall be added, stating the following: (E) City has reviewed Architect's request for additional services as a result of excessive shop drawings and additions to the original specifications. City shall pay Architect a lump sum of $4, 400 for such services through February 1 , 1989. A new Section 14. 4. 1 (F) shall be added, stating the following: (F) The City Manager of the City of Dublin shall be authorized to approve payment for additional services, provided they do not exceed 25 percent (25%) of the estimated monthly Construction Administration Services contained in this amendment. Architect shall notify City of such services prior to their performance. Section 14 .7. 2 This amendment shall be considered an adjustment as provided for in this section. Section 15 . 14 shall be amended as follows: A. The Construction Phase is known to extend beyond the original 13 month period. Architect shall be compensated for the extended services in accordance with this Section until such time as the`-projedt'-is'-'completed'-or this a r^ er t pis` terminated; whichever occurs first. B. The Architect shall increase the number of site visits from once to twice per week. One of the visits shall coincide with the weekly progress meetings. C. The Architect shall invoice the City for services beginning February 26, 1989 on a time and materials basis. The rates utilized for this purpose shall be as shown in Section 14 . 4(A) of this agreement. Architect shall provide adequate documentation to substantiate that services are being performed in an efficient manner. The Architect's average monthly cost for these services, including any subconsultants, shall not exceed $19, 000 per month, except as limited in D. below. D. During the month following occupancy, Construction Administration Services shall not exceed $10, 000. E. This amendment shall supercede any portions of Section 15. 14 which are in conflict. Section 15 . 20 shall be amended to read: Reimburseable Expenses - Limitations - The total reimburseable expenses shall be subject to the following limitations : Total Reimburseables shall not exceed $50,300. 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 amendment shall supersede the Section 15 . 20 contained in the agreement dated February 9, 1987, and amendments numbered 1 and 2. Dated: April 10, 1989 ATTEST: For City: City Clerk Mayor For Architect: George Miers ... ...w4"y.-.....+......'1:,..?i .. . a..+. ...� . ......y..w,.....i++ ... ;...: .v. i:v. r. .- ......t - ..e. u..._....'..1.d.:a - . .- ..4 v...'L•a.+°.i.Y.,:=.'t3.r..✓H..w",:^bw+.r•. en.u.-..