HomeMy WebLinkAbout4.5 Amend Agreement Civic Center Project f
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 10, 1987
SUBJECT Amendment to Architectural Agreement - Civic Center
Project
EXHIBITS ATTACHED o Letter from William Hoffmann of George Miers &
Associates dated July 20, 1987
o Proposed Amendment
o Existing Agreement
RECOMMENDATION Authorize the Mayor to execute the amendment.
FINANCIAL STATEMENT: Total cost of additional work is $11, 000.
DESCRIPTION At the City Council meeting on February 12, 1987, the
City Council approved an agreement with George Miers & Associates for the
preparation of plans and specifications for the Civic Center Project. The
agreement was a lump sum agreement with the costs of basic services set at
$465, 000.
Subsequent to the approval of the agreement, the Project Architect and
Structural Engineer met with the Building Official . The purpose of the
meeting was to determine whether the shape and use of the building would
require a "dynamic analysis" . The procedure is currently required on
hospital construction, to provide better assurances that the structure will
not collapse. The analysis provides information on the anticipated movement
of the structure in the event of an earthquake. The Building Official
concluded that although it is not a part of current code requirements,
pending updates would require the analysis. It was also foreseen as a
prudent measure for a public building. This requirement also resulted in an
increased scope of work for the Geotechnical Engineer. The Council approved
the agreement with the Geotechnical Firm of Peter Kaldveer & Associates on
June 8, 1987. Since the requirement for the "dynamic analysis" was known at
the time the contract was approved, additional changes to the geotechnical
agreement are not required.
Vogel & Meyer Partnership are the structural engineers working with the
Project Architect on the Civic Center. When the original agreement was
negotiated, the requirement of a dynamic analysis was not anticipated. The
requirement impacts the workload of the Structural Engineer in a substantial
manner. The Structural Engineer has requested an increase of $10, 000 to
their fee proposal . In addition, George Miers & Associates requires a 10%
surcharge on the work of sub-consultants to cover insurance and
administration.
Staff has not recommended a budget change at this time. The approved budget
for 1987-88 for the Civic Center project includes $3, 394, 370 in
appropriations . A more accurate level of anticipated expenditures will be
known once the construction bid is awarded. If a budget is deemed
appropriate, it will be presented at a future meeting.
Staff recommends that the City Council authorize the Mayor to execute the
Amendment to the agreement.
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COPIES TO:
ITEM NO. .�
GEORGE MIERS
& ASSOCIATES
------------- --------------
Architecture and Nannin,r
July 20, 1987
Mr. Paul Rankin,
'
Assistant City Manager "Y
City of Dublin
6500 Dublin Blvd. , Suite 101 JJ it L
Dublin, CA 94568
Re: Dublin Civic Center
Fee for Dynamic Analysis
Dear Paul:
It is my understanding based on conversations with Mr. Victor
Taugher, and based on your letter of April 3, 1987, that the
City has made a determination that the new Civic Center
complex should be designed in accordance with the dynamic
analysis requirements of Title 24, as they apply to essential
buildings.
The requirement for a dynamic analysis was not anticipated by
us or our structural engineers during the preparation of our
fee proposal, because it is not a requirement that is
presently adopted by the City or the State, although the
State is considering its adoption.
Our structural engineers have asked us for an additional
services fee of $10, 000 to cover the cost of this work, which
we feel is appropriate under the circumstances. Their letter
of April 2, 1987 is enclosed.
Under the term of our agreement with you we will add a 10%
surcharge to cover the cost of insurance and administration
of this additional work, and so, the total amount of this
additional services request is $11, 000.
If you have any questions or comment, please give me a call.
Sincerely,
GEORGE MIERS & ASSOCIATES
William Hoff ann
encl .
cc: Brian Danley w/encl.
'120 Sutler Street
San Francisco, CA 941W
ry (415) 896-0305 yty ay b ,
t
VOGEL & MEYER PARTNERSHIP
JOHN D. MEYER S.E.
April 2, 1987 RONALD G. VOGEL S.E.
Bill Hoffmann
George Miers & Associates #627
420 Sutter, Second Floor
San Francisco, CA. 94108
RE: DUBLIN CITY HALL
Dear Bill :
I understand a dynamic analysis will be required by the Owner for this
project. This requirement is over and above any anticipated by us during the
preparation of our fee proposal. A dynamic analysis is not presently required
by the City 's adopted code. The State code, which may require such an
analysis, has not been adopted to date.
Therefore, an extra service fee is appropriate. This fee is $10,000.00 and
will be added to our contract amount.
Sincerely,
,eJ 4, -<
R nald G. Vogel
RGV/mo
RECTIVED
APR 6 iyd/
GEORGE MIERS&AJJUG.
STRUCTURAL ENGINEERS
1981 N. BROADWAY, SUITE 225
WALNUT CREEK,CA 94596
(415)932-7722
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:
Linda J. Jeffery, Mayor
ATTEST:
City Clerk
FOR ARCHITECT:
George Miers
THE AMLI%ICAN INSTITUTE OF ARC SECTS
AIA Document 81411CM
CONSTRUCTION MANAGEMENT EDITION
Standard Form of Agreement Between
Owner and Architect
1980 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH
AN ATTORNEY 15 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.
Copyright 1975, ® 1980, by The American Institute of Archilects, 1735 New York Avenue, N.W., Washington, D.C. 20006.
Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates
the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT 8141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1960 EDITION
AIA0 • 01980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 1
�,. '. ,i 4/ ' i ••y1 � 4 n� 7 :� `v^'3�s: J' i.;.r � ihbt ll. ic" >y� n. �� 1.7:,'.h" -Cf ... ,�. _.
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.
.'.•Z•:.:'.i...S..'.,.-.r. :.,;so.t._'ti;..Aa...:l.:,..r3/w..�,._a..:e;,n.e„w.u,:....n5..f.;:k;:..... r:.la.it.a:w.rN.;.s:,.,.:tru:rs,:_:.�n..:v:,n:v:..r.r.,.:..•vmn.....�:ru::usw.�,n:.:.�r..,+:..,f:.�r.:,.wwc:..a..,.:u».r.......,.. ......... .,. ....
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--dese4bed--4} Staw� �# fvrthe'e rnrstnrctk m-C-ost�nd-shal}-assistthe
61vvTma and ag�A L4,.Do"=eat.8aa1,-1984.EdUioa.-They shall u""cr 8 ia8-rucf>_astivaat4a vie
consist of the five Phases described in Paragraphs Value Engineering Review,
1.1 through 1.5, inclusive, and include normal 1.3 CONSTRUCTION DOCUMENTS PHASE (See 15.16)
structural, mechanical and electrical engineering 1.3.1 Based on the approved Design Development Doc-
services, and any other services included in Article uments,and any further adjustments in the scope or qual-
15 as part of Basic Services. ity of the Project or in the Project budget authorized by
1, SCHEMATIC DESIGN PHASE (completed) the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
1.1. The Architect shall review the program fumishe ings and Specifications setting forth in detail the require-
by th Owner to ascertain the requirements of the Pro' ct ments for the construction of the Project.
and sh I review and confirm the understanding of ese 1,3.2 The Architect shall keep the Construction Manager
requirem is and other design parameters wi the
Owner. informed of any changes in requirements or in construc-
tion materials,systems or equipment as the Drawings and
.1.1.2 The A hitect shall provide a prelimin ry evalua- Specifications are developed so that the Construction
tion of the pro am and the Project budget quirements, can Manager
each in terms o he other, subject to the imitations set appropriately.g % 1eW estimate of Construction Cost
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 s and relationship of the Project.
Project components.
1.1.5 At interval appropriate to the rogress of the 1.4 BIDDING OR RECt?17/C1TC)td 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 Manager'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 &F-.Re got -P4;epesa4 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 Ow for shall assist the Construction Manager in conducting pre-
th Construction Manager's use in preparing an estima a award conferences with 5mcessfal 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 f'rvj>?t'r-C t>rfaT Payment or of such due date, sixty
and character of the entire Project as to architectural, days after the Date of Substantial Completion of the Proj-
structural, mechanical and electrical systems, materials, ect whichever occurs first.
and such other elements as may be appropriate. 1.5.2 Unless otherwise provided in this Agreement and
1.2.2 At intervals appropriate to the progress of the De- incorporated in the Contract Documents, the Architect,
sign Development Phase, the Architect shall provide de- in cooperation with the Construction Manager, shall pro-
AIA DOCUMENT 8141/CM - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGEMENT EDITION - JUNE 1980 EDITION
AIA8 - 01980 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141/CM-1980 2
'
.
.
Progress
vide administration of the Contracts for Construction as -tifie**c fer Payment shall not bea representation that the
set forth below Architect has made any ination to ascertain how or
for ,"hat purpose the Contractors have used the monies
paid nn account uf 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 [onstmc' quiementso( the Contract Documents and the judge of
hon Phase. All instructions to the Contractors shall be the performance thereunder 6yboth the Owner and the
forwarded through the Construction Manager. TheA,chi' Contractors. The Architect shall ender interpretations
uect and the Construction Manage, shall have authority necessary for the proper execution or progress of Work,
»o 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, 6i*
1.5.18. putes and other matters in question between the Owner
1-5'4 The Architect shall visit the site at intervals app,o' and the Contractors relating to the execution or progress
p,iateto the stage of construction, o,as otherwise agreed »f Work o, 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 d 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 Documents,from, the Contract Ducumen� and s�ashall 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 /u68e' the Architect shall endeavor to secure faithful
bons to check the quality o, quandtyof \�o,k. [)n the performance 6v both the �]wne, and the Contractors,
basis of such on-site observations as an architect, the A� shall not Show'partiality, an6 shall not be liable for the
chitect shall keep the Ov,ne, in6u,mc6 of the progress result of any inve,petuno, decision rendered in good quality of Vvu,� and shall endeavor to guard the faith in such capadty. ~ -
Owner against defect s and deficiencies in Work of the 1.5.11 The Architect's decision in matters relating to Cuntmcton'
u,dsdc 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 onany
have control or charge of, construction means' methods, other claims, disputes o,other matters, including those in
techniques, sequences or procedures, or for safety pre- question between the Owner and the [ontmctu,(s)«na
cautions and programs in connection with the Project, 6e subject uoarbitration as provided in this Agree
meX It
and shall not be responsible for [nn� c»o, failure to and in the [ontctDocuments. - --
carry out YVu,k in accordance with the Contract Doc'
uments The Architect ,�aU not 6e responsible 6o� no, �'5'�� The �rc�iuec� �6aU have authority to reject Work
' which does not �o ��e [on�mc� Doc � 6
have control over, the acts or omissions of the [ontmc' Documents,
�om' Subcontractors, any of their agents or employees, or whenever, in the Architect's reasonable opinion, i� i� nec'
e��my o, advisable for ��e implementation o� �h e inten
t anyo�e, penons �onningany wo,k' nor shall H`eA�
of the Contract Documents' the Architect shall have a
«'
chiect be responsible for the Construction
obligations as an agent of the Owner.
tx«'ity to require special inspection or testing of Work in
accordance with the provisions of the Contract Oocu'
~. 1.5.6 The Architect shall at all times have access to ments' whether o, not such Work be then fabricated, n-
r` VVo,kwhencve, it is in preparation or progress. stalled or completed; but the Architect shall take `such
1.5J action only ahc, consultation with the Construction
u` Ge Manager. (See 15. 4)
`' ^''` 1.5.13 The Architect shall receive Contractors' su6mit'
w shall ^'` ~^'~~^`~ ~-^'* ~ ^III` `~'' u|s such as Shop Drawings, Product Data and Samples
�~~ ^ ~ -- - - ~ from the Construction Manager and shall review and a�' ' ~ ~^'~ ^ ° ~' '~''~^- - -- - - - ' -
prove or take other appropriate action upon them, but
1�.8 only for conformance with the design concept of the
Project and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness *o as to cause no 6elay. The Architect's ap-
proval of specific item Shall not indicate approval of an
assembly of which the item is a component.
-~ '----' --'--"- ----- -- - - -'
1.5.14 The Architect Shall review and sign nr take other
`--' - -E - - -- appropriate action on Change Orders prepared by the
--- ---'-' - - ---- - Construction Manager for the Owner's authorization in
accordance-- --vvith -- Contract Documents. (See 15 . 3)
1.5.15 The Architect shall have authority /u order minor
changes in Work not involving an adjustment in a [on'
tract Sum or an extension of Contract Time and which
are not inconsistent with the intent o/ the Contract Doc'
vmrots. 5vdh changes d`aU be effected by written order
r,7he issuance of a4*,j*l QF- issued through the Construction Manager.
m^ oocuwE*r muiCm ^ o%Vwm-Axc`orEo AGxeucw/ ^ CONSTRUCTION MANAGEMENT EDITION ^ |uwE 1980 EDITION
3 B141/CM-1980 AIAID - 01 1980 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1,35 NEW YORK AVENUE, NAV., WASHINCTON, D.C. 2C-DO6
w✓el.,wr...'.t :`n.,:..: ..d.an r,w.RL'wn..#...ER.:,�J:±a....ir+.S:..z,..NSr'/.wr..:.wJ.IM.v{.4s.':,:.'n+.J:.id.....-e. _ .., .v.».1:b.'+..µ st..r, ./r,..LUUa.r.✓.....w..re.I.rttnr....:�.xay....r.a.aw.-.rr u..e.a.vs.rwn.e.av,. x.va.✓...».w., raw.v.....ar. ...r.... ..... ..
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.
1.6.1 If the Owner and the Architect agree that more
1.7.12 Preparing Drawings, Specifications and s6pport-
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- �, e ,,I• Ba ;� .e_
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.--°-• ;T-
7.6.2 Such Project Representatives shall be selected,
employed and directed by the Architect, and the Archi-
tect shall be compensated therefor as mutually agreed '
between the Owner and the Architect, as set forth in an 1 713 Making investigations, surveys, valuations, inven-
exhibit appended to this Agreement, which shall describe tories, detailed appraisals of existing facilities, and serv-
the duties, responsibilities and limitations of authority of ices required in connection with construction performed
such Project Representatives. by the Owner.
1.6.3 Through the observations of such Project Repre- 1.7.14 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 furnishing services as may be required in
in Work, but the furnishing of such Project representation connection with the replacement of such Work.
shall not modify the rights, responsibilities or obligations
of the Architect as described in Paragraph 1.5. 1.7.15 Providing services made necessary by the failure
of performance, the termination or default of the Con-
1,7 ADDITIONAL SERVICES struction Manager; by default of a Contractor; by ma-
The following services are not included in Basic jor defects or deficiencies in the Work of any Contractor;
Services unless so identified in Article 15.They shall or by failure of performance of either the Owner or any
be provided if authorized or confirmed in writing Contractor under the Contracts for Construction.
by the Owner, and they shall be paid for by the * 1,7,16 Preparing a set of reproducible record drawings
Owner as provided in this Agreement, in addition showing significant changes in Work made during con-
to the compensation for Basic Services. struction based on marked-up prints, drawings and other
data furnished to the Architect. (See 15 S. 19)
(completed 1.7.17 Providing extensive assistance in the utilization of
1.7.2 Providing financial feasibility or other special any equipment or system such as initial start-up or testing,
studies. adjusting and balancing, preparation of operation and
1.7.3 Providing planning surveys, site evaluations, envi- maintenance manuals, training personnel for operation
ronmental studies or comparative studies of prospective and maintenance,and consultation during operation. (See 15.19)
sites, and preparing special surveys, studies and submis- * 1.7.18 Providing services after issuance to the Owner of
sions required for approvals of governmental authorities the final Project Certificate for Payment, or in the absence
or others having jurisdiction over the Project. of a final Project Certificate for Payment, more than sixty
1.7.4 Providing services relative to future facilities, sys- days after the Date of Substantial Completion. of the
tems and equipment which are not intended to be con- Project. (See 15. 19)
structed chlring the Construction Phase. 1.7.19 Preparing to serve or serving as a witness in con-
1.7.5 Providing services to investigate existing conditions nection with any public hearing. arbitration proceeding
or facilities, or to make measured drawings thereof, or to or legal proceeding.
verify the accuracy of drawings or other information fur- 1.7.20 Providing services of consultants for other than
nished by the Owner. the normal architectural, structural, mechanical and elec-
1.7.6 Providing services in connection with alternative trical engineering Services for the Project.
designs for cost estimating or bidding purposes. 1.7.21 Providing any other services not otherwise in-
1.7.7 Providing coordination of work performed by cluded in this Agreement or not customarily furnished in
separate contractors or by the Owner's own forces. accordance with generally accepted architectural practice.
AIA DOCUMENT 8141;CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION
AIA51 • (,)1'180 • THE A,NIERICAN INSTITUTE OF ARCHITECTS. 1733 NEW YORK AVENUE, N.W.• WASHINGTON, D.C. 20006 B141/CM-1980 4
1,8 TIME neers or other consultants when such services are deemed
1.8.1 The Architect shall perform Basic and Additional necessary by the Architect. Such services shall include
Services as expeditiously as is consistent with professional test borings, test pits, soil bearing values, percolation
skill and care and the orderly progress of the Project, tests, air and water pollution tests, ground corrosion and
Upon request of the Owner, the Architect shall submit resistivity tests including necessary operations for deter-
for the Owner's approval a schedule for the performance mining subsoil, air and water conditions,with reports and
of the Architect's services which shall be adjusted as re- appropriate professional recommendations.
quired as the Project proceeds, and which shall include 2.7 The Owner shall furnish structural; mechanical,
allowances for periods of time required for the Owner's chemical and other laboratory tests, inspections and re-
review and approval of submissions and for approvals of ports as required by law or the Contract Documents,
authorities having jurisdiction over the Project.The Archi- 2.8 The Owner shall furnish such legal, accounting and
tect shall consult with the Construction Manager to coor- insurance counseling services as may be necessary for the
dinate the Architect's time schedule with the Project Project, including such auditing services as the Owner
Schedule. This schedule, when approved by the Owner, may require to verify the PF8jeEf kpplieaiiefis 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, *REIudiAS a I3F88FaFA WhiEh 2.10 If the Owner observes or otherwise becomes aware
of any fault or defect in the Project, or nonconformance
8FId ffiteFia, 'fi''•""Fig spaee fequifememts afid with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect and
6�'SWFAS and site Fe9wiFeweR4, the Construction Manager.
2.2 The Owner shall provide 'a budget for the Project 2.11 The Owner shall furnish the required information
based on consultation with the Architect and the Con- and services and shall render approvals and decisions as
struction Manager, which shall include contingencies for expeditiously as necessary for the orderly progress of the
bidding, changes during construction and other costs Architect's services and Work of the Contractors.
which are the responsibility of the Owner. The Owner
shall;at the request of the Architect, provide a statement ARTICLE 3
of funds available for the Project and their source.
2.3 The Owner shall designate a representative author-
ized to act in the Owner's behalf with respect to the 3.1 DEFINITION
Project. The Owner, or such authorized representative, 3.1.1 The Construction Cost shall be the total cost or
shall examine the documents submitted by the Architect estimated cost to the Owner of all elements of the Project
and shall render decisions pertaining thereto promptly to designed or specified by the Architect.
avoid unreasonable delay in the progress of the Archi- 3.1.2 The Construction Cost shall also include at current
tect's services. market rates, including a reasonable allowance for over-
2.4 The Owner shall retain a construction manager to head and profit, the cost of labor and materials furnished
manage the Project. The Construction Manager's services, by the Owner and any equipment which has been de-
duties and responsibilities will be as described in the signed, specified,selected or specially provided for by the
Agreement Between Owner and Construction Manager, Architect. It shall also include the Construction Manager's
AP, Decuffient 98191, 1986 Ediiian. The 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-
tion of the Architect and the Architect's consultants, the
Actions taken cost of the land, rights-of-way, or other costs which are
by the Construction Manager as agent of the Owner shall the responsibility of the Owner as provided in Article 2.
be the acts of the Owner, and the Architect shall not be
responsible for them. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
2,5 The. Owner shall furnish a legal description and a 3.2.1 The Architect, as a design professional familiar
certified land survey of the site, giving, as applicable, with the construction industry, shall assist the Construc-
grades and lines of streets, alleys, pavements and adjoin- tion &tanager in evaluating the Owner's Project budget
ing property; rights-of-way, restrictions, easements, en- and shall review the estimates of Construction Cost pFe--
croachments, zoning, deed restrictions, boundaries and paled by ;he C^R_*••,cti^A MaAagef. It is recognized,
contours of the site; locations, dimensions and complete however, that neither the Architect, the Construction
data pertaining to existing buildings, other improvements Manager nor the Owner has control over the cost of la-
and trees; and full information concerning available ser- bor, materials or equipment, over the Contractors' meth-
vice and utility lines both public and private, above and ods of determining Bid prices, or over competitive bid-
below grade, including inverts and depths. cling, 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 814111CM . OWNER-ARCHIIECr AGREEMENT - CONSTRUCTION NIIYNAGEMENT EDITION - JUNE 1980 EDITION
5 6141/CM-1980 AIAD - r�I9iA1 - THE AMERICAN INSTITUIE OF ARCHITECTS, 1733 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
" -...r : + ...,s,;i.t��_. vi...ssa..w.....n-V ..�' 4,...a.:s-.fibiS:.,i�6wCYd:+:xkix...a::34P,kds..L.5>L.:aid...te,A:�aJ'i&+........v:.4..:;3....wY::+'.G'.L ,-......•..&�:;S:AFaL'4Lfn11':ietc,w.uva.e......u:C.S�.s . .,...a+�-s,n.._.+w,
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- REIMBURSABLE EXPENSES
paragraph 1.1.2 or Paragraph 2.2, or otherwise, unless 5.1 Reimbursable Expenses are in addition to the com-
such fixed limit has been agreed upon in writing and pensation for Basic and Additional Services and include
signed by the parties to this Agreement. If such a fixed actual expenditures made by the Architect and the Archi-
limit has been established, the Construction Manager will tect's employees and consultants in the interest of the
include contingencies for design, bidding and price esca- Project for the expenses listed in the following Sub-
lation, and will consult with the Architect to determine paragraphs:
what materials, equipment, component systems and types
of construction are to be included in the Contract Docu- 5.1.1 Expense of transportation in connection with the
ments, to make reasonable adjustments in the scope of Project; living expenses in connection with out-of-town
the Project, and to include in the Contract Documents travel; long 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 the minimum payment under this Agreement.
Construction i'vtanager's estimate of Construction Cost,
but subject to compensation as an Additional Service un- 6.1.2 Subsequent payments for Basic Services shall be
der Subparagraph 1.7.11 if the Architect has not so con- made monthly and shall be in proportion to services per-
curred. The providing of such service shall be the limit of formed within each Phase of services, on the basis set
the Architect's responsibility arising from the establish- forth in Article 14.
ment of such fixed limit, and having done so, the Archi- 6.1.3 If and to the extent that the period initially estab-
tect shall be entitled to compensation for all services per- lished for the Construction Phase of the Project is ex-
formed in accordance with this Agreement, whether or ceeded or extended through no fault of the Architect,
not the Construction Phase is commenced. compensation for Basic Services required for such ex-
tended period of Administration of the Construction Con-
tracts shall be computed as set forth in Paragraph 14.4
ARTICLE 4 for Additional Services.
DIRECT PERSONNEL EXPENSE 6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
4.1 Direct Personnel Expense is defined as the direct sal- deleted or otherwise not constructed, compensation for
aries of all the Architect's personnel engaged on the Proj- Such portions of the.Project shall be parable to the extent
ect, and the portion of the cost of their mandatory and services are performed on such portions, in accordance
AIA DOCUMENT 81411CM - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGEMENT EDITION - JUNE 1980 EDITION
AIAl - C1980 - THE A,NIERICAN INSTITUTE OF ARCHITECrs, 1.35 NEW PORK AVENUE, NAN'- WAgIINC,TON. D.c. Itkw6 B141/CM-1980 6
aEn..WrrnFi�i.,7�
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-
6.3 PAYMENTS WITHHELD taining a specific reference to this Agreement and signed
by the Architect, the Owner and any other person sought
6.3.1 No deductions shall be made from the Architect's to be joined. Any consent to arbitration involving an ad-
compensation on account of penalty, liquidated damages ditional person or persons shall not constitute consent to
or other sums withheld from payments to Contractors, or arbitration of any dispute not described therein or with
on account of changes in Construction Cost other than any person not named or described therein. This agree-
those for which the Architect is held legally liable. ment to arbitrate and any agreement to arbitrate with an
6.4 PROJECT SUSPENSION OR ABANDONMENT additional person or persons duly consented to by the
parties to this Agreement shall be specifically enforceable
6.4.1 If the Project is suspended or abandoned in whole under the prevailing arbitration law.
or in part for more than three months, the Architect shall 9.2 Notice of the demand for arbitration shall be filed in
be compensated for all services performed prior to re- writing with the other party to this Agreement and with
ceipt of written notice from the Owner of such suspen- the American Arbitration Association. The demand shall
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 p
in being or other matter in question has arisen. In no event shall
n Paragraph 10.4. If the Project is resumed afte
suspended for more than three months, the Architect's the demand for arbitration be made after the date when
compensation shall be equitably adjusted. institution of legal or equitable proceedings based on
such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
ARTICLE 7 9.3 The award rendered by the arbitrators shall be final,
ARCHITECT'S ACCOUNTING RECORDS and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
7.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on
the basis of a Multiple of Direct Personnel Expense shall ARTICLE 10
be kept on the basis of generally accepted accounting TERMINATION OF AGREEMENT
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient 10.1 This Agreement may be terminated by either party
times. upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
ARTICLE 8 10.2 This Agreement may be terminated by the Owner
OWNERSHIP AND USE OF DOCUMENTS upon at least seven days' written notice to the Architect
in the event that the Project is permanently abandoned.
8.1 Drawings and Specifications as instruments of ser- 10.3 In the event of termination not the fault of the Ar-
vice are and shall remain the property of the Architect chitect, the Architect shall be compensated for all services
whether the Project for which they are made is executed performed to the termination date, together with Reim-
or not. The Owner shall be permitted to retain copies, in- bursable Expenses then due and all Termination Expenses
cluding reproducible copies, of Drawings and Specifica- as defined in Paragraph 10.4.
tions for information and reference in connection with
the Owner's use and occupancy of the Project. The Draw- 10.4 Termination Expenses include expenses directly
ings and Specifications shall not be used by the Owner attributable to termination for which the Architect is not
on other projects, for additions to this Project, or for otherwise compensated, plus an amount computed as a
completion of this Project by others provided the Archi- Percentage of the total Basic and Additional Compensa-
tect is not in default under this Agreement, except by tion earned to the time of termination, as follows:
agreement in writing and with appropriate compensation .1 20 percent if termination occurs during the Schematic
to the Architect. Design Phase; or
8.2 Submission or distribution to meet official regulatory •2 10 percent if termination occurs during the Design
requirements or for other purposes in connection with Development Phase; or
the Project is not to be construed as publication in dero- .3 5 percent if termination occurs during any subse-
gation of the Architect's rights, quent Phase.
AIA DOCUMENT 8141;CM - l)\VNER•ARCHITECT AGREEMENT - CONSTRUCTION MANAGEMENT EDITION - IUNE 1980 EDITION
7 B141/CM-1980 AWD - C1980 - THE AMERICAN INSTITUTE OF ARCHITECTS 1:3i NEW YORK AVENUE, N.1\•., WASHINGTON, D.C. 20006
r.„.:.,.:.:.+:.,:1...:,..1....ti.! >fi,:!,_`�.,s..<.,i�.x.......,.:4;!�...�:��:.� .:..!;,x .,C,L,rug.:yP1C.Kxx_;I=:.ca;'`u`t:Y�l...rs.c.w J...t,r r. ...�_,......,.„.,::...tw� 'ru..mod :_:.t,..0 tea.ra��rt2:LRGU`miASrr...t,..✓,:[;Yv":.r..s.ssrl4'r:...a_._,. ..,
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
14.2 T-eFFAs !W5 ,,,....,. .ens -hall have the 5-a...,. ..,,..., to the partners, successors, assigns and legal representa-
a Fig as these in !he 4989 Edition ef AIA l9eetimemt A294 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 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 DOCUMENT 8141/CM OWNER•ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION
AIAh • @'1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C. 20006 B141/CM-1980 8
_-R 4�
ARTICLE 14
BASIS OF COMPENSATION
The owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect,and the other Terms and Conditions of this Agreement,as follows:
14.1 AN INITIAL PAYMENT of Twenty thousand dollars ($ 20 000.00 shall be made upon execu-
tion of this Agreement and credited to the Owner's account as follows:
This amount is a retainer which will be credited against the last
invoice (s) and is in addition to any fees paid to date against
this Contract..
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
(Here insert basis of compensation,including fixed amounts,multiples or percentages,and identify Phases or parts of the Project to which particular
methods of compensation apply,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 asappropriate.)A fixed fee of $465,000
Schematic Design Phase: (Completed) percent ( 0
Design Development Phase: $121,000 percent 2 6
Construction Documents Phase: 237 ,0 0 0 percent l 51 %)
Bidding or Negotiation Phase: 9,000 percent 2 %)
Construction Phase: 98,000 percent 21 %)
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
(Here insert basis of compertation which may be i iiputved sum 10, a given period of time or a Multiple of Direct Personnel Expense as defined in
-
Article 4. if a xtultiple of Direct Personnel Expense is wed, the Multiple should be clearl, stated.)
AIA DOCUMENT B141/CM OWNfRARCHITECT AGRrE.%%E.NT • CONSTRUCTION MA.NAGC.MENT EDITION JUNE 1930 EDITION
AIN% • (-L•198U • THE AMERICAN tN`,7ITL1TE Of AKCHIIECIS. 173; NEW YOKK AVENUE. NAV., WMHINGTON, D.C. 20or* 8141/CM-1980 9
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7,and any other services included
in Article 15 as part of Additional Services, but excluding Additional Services of consultants, compensation shall
be computed as follows:
(Here insert basis of compensation,including rates and/or Multiples of Direct Personnel Expense for Principals and employees,and identify Principals
and classify employees,it required. identify specific services to which particular methods of compensation apply,if necessary.)
A. Rates for Additional Services
Principals $80/hr
Project Architect 60/hr
Senior Draftsman 40/hr
Junior Draftsman 35/hr
B. Postconstruction Services per Article 15.19
'nbrk to be done on a Time and Materials basis with a guaranteed
maximum cost of $60,000.
C. Furniture Plan and Selection per Article 15.18
Lump sum amount of $14,400.
D. Telephone System Specifications (Design of building conduit_ is in base
Lump sum amount of $8,800. Contract)
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engi-
neering services and those provided under Subparagraph 1.7.20 or identified in Article 15 as part of Additional
Services, a multiple of 1.1 ( 1.1 ) times the amounts billed to the Architect for
such services.
(Identify specific types of consultants in Article 15,it 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. lijOwe of 2 points above prime or
(Here insert any rate of interest agreed upon.) the iughest.
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.)
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or the Architect's services is changed materially, the amounts of compensation shall
be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within
( 24 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
AIA DOCUMENT 81411CM • OWNER-ARCHITECT AGREE..MENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION
AIAt' • 31980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C. 20006 B141/CM-1980 10
..,._u, r._.,.{t.r a;..+-.,.,,. ,._..,r,_ ........,,... io-.....,._.-,• ,... .�`...;_..rx.t:.ie:.'tr. }._. '�{......,..<`-� .•..:1...s..,>�.....,,.+t:.ten..a:rf.i�r,,....�a�.w al..kvs,.._n._ ....._. t__.. .,_ ....,.._..1.......r.. .x.>_.,.....,,� .. ... _...
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 Shot Drawings - Shop drawings consistant with the
contract documents will be processed as per
Section 1.5.13 of this contract. Shop drawings
which are inconsistent with the contract
documents or which are submitted as alternatives
not specifically listed on the contract documents
will be considered Additional Services. Owner
will notify contractor that any "cost-saving"
alternatives submitted to the architect must
include a breakdown of the cost savings including
architects time for reviewing and processing the
alternative.
15. 5 Notwithstanding any other provisions in this
Agreement to the contrary, nothing herein
contained shall be construed as :
1. Constituting a guarantee, warranty, or
assurance, either express or implied, that
the architectural services will yield or
accomplish a perfect outcome for the
project; or
2 . Obligating the architect to exercise
professional skill and judgement greater
than that which can reasonably be expected
from other architects under like
circumstances; or
3 . An assumption by the architect of liability
greater than or differing from those
explicit in this agreement; or
4 . An assumption by the architect of the
liabilities of any other party.
'ARTICLE 15
OTHER CONDITIONS OR SERVICES
Page Two
15.6 Litigation Expenses
If either party hereto shall bring an action
against the other by reason of the breach of any
covenant, term, or obligation hereof, or other-
wise ' arising out of this agreement, the
prevailing party in such suit shall be entitled
to its costs of suit and reasonable attorneys
fees which shall be payable whether or not such
action is prosecuted to judgement. "Prevailing
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.
..._ .....v7...wl.. r.n,. ..,w1lr<J.. w`i..i.:...,..V1...nit..+. -.+G:1..i.......t1......v.....5:....'a,. . .--.J.:':ssi-........ .Y. '
ARTICLE 15
OTHER CONDITIONS OR SERVICES
Page Three
15.8 Right to Discontinue Work
1. Payments due the architect and unpaid 45
days after the date of invoice shall be
considered a material breach of this
agreement and architect will have the right
to discontinue work on the project in such
event. Architect is aware that funding
through third party sources may cause delays
in timely payment. If such occurs, with
reasonable explanations and assurances for
payment from the Owner, Architect will agree
to continue work as required and as is
reasonable.
2 . The architect has the right to withhold
architectural documents and documents of
consultants working under agreement with the
architect until payment is made.
3. The architect has no liability for any
additional costs or delays to the project
resulting from a discontinuance of work as a
result of such late or non-payment.
15.9 Architect/Consultant Agreements
The terms and conditions of all architect/
consultant agreements and architect/engineer
agreements related to the work shall be
considered a part of this agreement in their
entirety. Copies will be forwarded before
execution of said contracts for owner 's approval.
Owner agrees to review contracts in a timely
manner .
15.10 Owner/Contractor Agreements
The owner shall be solely responsible for
ensuring that the agreement (s) between owner and
contractors are in conformance with the
conditions of the owner/architect agreement
described herein.
ARTICLE 15
OTHER CONDITIONS OR SERVICES
Page Four
15.11 Specifically omitted from this agreement are all
design and construction review services relating
to the contractor 's safety precautions or to
means, methods, techniques, sequences, or
procedures required for the contractor to perform
his work but not relating to the final or .
completed structure; omitted services include but
are not limited to shoring, scaffolding, under-
pinning, temporary retainment or excavations and
any erection methods and bracing.
15.12 The Owner agrees to include in any agreement with
Contractors or Construction Managers the
following :
The Owner and the Contractor acknowledge that
nothing in the Architect's engagement implies any
undertaking by the Architect for the benefit of,
or which may be enforced by the Contractor, its
subcontractors, or the surety of any of them: it
being understood that the Architects ' obligations
are to the Owner and that, in performing such
obligations, the Architect may increase the
burdens and expense of the Contractor , its -
subcontractors, or the surety of any of them.
15.13 Elaborate models or persentation drawings that
require professional model makers or renderers
are additional services.
ARTICLE 15
OTHER CONDITIONS OR SERVICES
Page Five
15.14 Limitation of Construction Administration
Services :
The Owner and the Architect agree that the
Architect's role during the Construction Phase of
the project is as described in Article 1.2 herein
and is limited to the following scope of
services, based upon an average of one site visit
per week for a thirteen month construction period
and one project meeting a week during the same
duration.
Architectural
1. Attend one preconstruction meeting.
2. Perform weekly construction field
observiations.
3. Attend weekly progress meetings to coincide
with the weekly construction field
observation.
4 . ' Forward pertinent correspondence to Owner 's
Construction Manager.
Consultants
As described in the consultant agreements.
ARTICLE 15
OTHER CONDITIONS OR SERVICES
Page Six
15.15 The following outlines but does not limit the
responsibility of Architect, Owner, Contractor
and Construction Manager during Construction
Administration.
TASK Architect Owner Contractor CM
1. Clarify, interpret documents X
2. Prepare, issue field orders X X
3. Prepare request for proposal X
4. Change order recommendations X X
5. Prepare and issue Change Orders X
6 . Submit Shop Drawings and Samples
for approval X
7. Review submittals X
8. Establish Construction Schedule X X
9. Cost Estimating (prior to award
of contract) X
10. Site Inspections X X X X
11. Project Safety X
12. Site Insurance X X
13 . Agency Inspections, tests/reports X X
14. Project Meeting notes X
15. Recommend Progress Payments X X
16 . Manuals of guarantees, instructions
and maintenance schedules X
17 . Substantial Completion Punch List X X X X
18. Final Inspection X X X X
19. Certify Substantial Completion X X X
20 . Prepare AS-BUILT Drawings X X
15. 16 The Design Development Phase, Construction
Documents Phase, Bidding Phase, and Construction
Phase Services and Responsibilities are further
defined as described in "City of Dublin Civic
Center Architectural Scope of Work" , revised
February 1987, and attached hereto as Exhibit
uA n
47;
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 of
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.
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ARTICLE 15
OTHER CONDITIONS OR SERVICES
15 . 20 Reimburseable Expenses — Limitations — The total
reimburseable expenses shall be subject to the
following limitations :
Total Reimburseables shall not exceed $23,000.
(Based on 5 months @ $3, 200/month and 14 months @
$500/month) . The cost of printing and preparing
the bid documents - shall not be subject to this
limitation. These costs shall be billed
separately as provided for in Section 14.5 .
This Agreement entered into as of the day-and \ear first\vritten abo\e.
O\V,NER ARCHITECT
['; t of Dublin George Poi A ociates
6gnn publ ;n Blvd . , Suite 101 420 Sut e
San F a o A 108
AIA DOCUMENT 01J1:C.\1 • (A%\F.R•>RCIHTECT -\G3'LME\1' • CO\�TKLCNON .\1ANAGE.\IENr E 1 ION IL'NE 191:,1 EDITION
AA' • ;'I'��tll . THE A.\IERICA\ 1\�IITUR (1F ARC111TLCT1 . ;'t1 \!\\ NORK ME\LE. \.\'.'.. \\'.\S 1.\(:TO\. O.(:, 2cw6 B141/0,1-1980 11
C I T Y 0 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 1987
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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 District (This agency
provides water, sewer and fire protection services . Also, they
control the Dublin Sports Grounds adjacent to the project site. ) ;
Pacific Gas & Electric ; Pacific Bell; Viacom Cablevision;
Dublin-Livermore Disposal; and CalTrans
SCOPE OF WORK
TABLE OF CONTENTS
PAGE
PHASE IV:
Design Development Services . . . . . . . 1
PHASE V
Construction Documents Services . . . 4
PHASE VI :
Bidding Services . . . . . . . . . . . . . . . . . . 7
:HASE VII :
Construction Contract Administration
Services . . . . . . . . . . . . . . . . ... . . . . . . . 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 'Developmeut 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:
l . Plans, sections and elevations
2. Typical construction details
3 . one (l) 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 atzootocal system and dimensions
2 . Final structural design criteria '
3. Foundation design criteria
4 . Preliminary sizing of major structural components
5. Critical coordination of clearances
0. 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
denelopmeot of outline Specifications or materials lists to
establish:
l . 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 :
l ^ Criteria for lighting, electrical, communication and data
transmission systems
2 . Approximate sizes and capacities of major components
3' Preliminary equipment layouts
4 . Required space for equipment
5. Required chases and clearances
6. Maintenance and servicing criteria '
Page 2
I . Civil Design/Documentation services during the Design
Development Phase consisting of continued development and
expansion of civil Schematic Design Documents and
development of outline Specifications or materials lists, to
establish the final scope and preliminary details for on-
site civil engineering work.
J. Landscape Design/Documentation services during the Design
Development Phase consisting of continued development and
expansion of landscape Schematic Design Documents and
development of outline Specifications or materials lists to
establish final scope and preliminary details for landscape
work.
K. Interior Design/Documentation services during the Design
Development Phase consisting of continued development and
expansion of interior Schematic Design Documents and
development of outline Specifications or materials lists to
establish final scope and preliminary details relative to:
1 . Interior construction of the Project
2 . Special interior design features .
3. Materials, finishes and colors
5. Millwork
L. Materials Research/Specifications services during the Design-
Development Phase consisting of activities by in-house
architectural personnel in:
1. Presentation for City approval or proposed General and
Supplementary Conditions of the Contract for Construction
for City approval
2. Development of architectural outline Specifications or
itemized lists and brief form identification of
significant architectural materials, systems and
equipment and their criteria quality standards
3 . Coordination of similar activities of other disciplines
M. Project Development Scheduling services during the Design
Development Phase consisting of reviewing and updating
previously established schedules for the Project.
N. Statement of Construction Cost services during the Design
Development Phase consisting of updating and refining the
- Schematic Design Phase Statement of- Construction Cost of the
Project , taking into consideration : -
Page 3
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1. Budget constraints
2 . Availability of materials. and labor
3. Project delivery procedures
4 . Construction sequencing and scheduling
5. Changes in scope of the Project
6. Adjustments in quality standards
0. Architect will review and respond to comments included in
Construction Manager ' s Value Engineering Report. Response
shall support recommendation to either implement suggestion
or reasons for not including the suggestion.
P. Presentation services consisting of presentations of Design
Development Drawings and other documents by the Architect to
the following:
1. City Staff, Construction Manager and CCAC
2 . City Council/Resident s
PHASE -V - CONSTRUCTION DOCUMENTS SERVICES
In the Construction Documents Phase the Architect shall provide
services necessary to prepare, from the approved Design
Development Documents, for approval by the City, Construction
Documents . The construction documents shall consist of Drawings ,
Specifications and other documents setting forth in detail the
requirements for construction of the Project and bidding and
contracting for the construction of the Project. The following
descriptions shall be the responsibility of the -Architect:
A. Project Administration services consisting of construction
documents administrative functions including:
1 . Consultation
2 . Conferences
4 . Communications
5. Progress Reports when requested by the City
B. Coordination of Disciplines/Document Checking services
consisting of construction documents activities for:
1 . Coordination between the architectural work and the work
of engineering and other involved disciplines for the
Project ..
- 2 . Review and checking of documents prepared for the
Project .
C . City of Dublin and Agency Consulting/Review/Approval
services relating to applicable laws, statutes, regulations
and codes of regulating entities and con=sisting of
Construction Documents Phase activities for:
Page 4
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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 Documents Phase consisting of preparation of
final mechanical engineering calculations, Drawings and
Specifications -based on approved Design Development
Documents , setting forth in detail the mechanical
construction requirements for the Project.
H. Electrical Design/Documentation services during the
Construction Documents Phase consisting of preparation of
final electrical engineering calculations, Drawings and
Specifications based on approved Design Development
Documents , setting forth in detail the electrical
construction requirements for the Project.
I . Civil Design/Documentation services during the
Construction Documents Phase consisting of preparation of
final civil engineering calculation, Drawings and
Specifications based on approved Design Development
Documents , setting forth in detail the civil construction
requirements for the Project.
J. Landscape Design/Documentation services during the
Construction Documents Phase consisting of preparation of
Drawings and Specifications based on approved Design
Development Documents , setting forth in detail the landscape
requirements for the Project .
Page 5
K. Interior Design/Documentation services during the
Construction Documents Phase consisting of preparation of
Drawings , Specifications and schedules based on approved
Design Development Documents, setting forth in detail the
requirements for interior construction.
L. Materials Research/Specifications during the Construction .
Documents Phase consisting of activities of in-house
architectural personnel in :
1 . Preparation of Bidding Documents which describe the time,
place and conditions of bidding, bidding forms, and the
form(s ) of Agreement between the City and Contractor (s )
2 . Development and preparation of the Conditions of the
Contract (General, Supplementary, and other Conditions )
3 . Development and preparation of architectural
specifications describing materials, systems and
equipment, workmanship, quality and performance criteria
required for the construction of the Project
4 . Coordination of the development of Specifications by
other disciplines
5. Compilation of Project Manual including Conditions of the
Contract, Bidding Documents and Specifications
M. Statement of .Construction Cost services during the
Construction Documents Phase consisting of advising the City
of any adjustments to,. and, when the Construction Documents
are approximately 90 percent complete, updating of the
Design Development Phase Statement of Construction Cost of
the Project, taking into account:
1 . Changes in materials, systems or details of construction
which have occurred during preparation of the
Construction Documents
2 . Known changes in the cost of materials, labor and
services since preparation of the previous Statement of
Construction Cost
3 . Adjustments for known or anticipated changes in the
bidding market relative to the Project
N— Presentation services consisting of presentations of
Construction Documents and special presentation graphic
displays by the Architect to the following:
1 . City Staff and Construction Manager
2 . City Council
Page 6
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0. Biddability/Constructability Analysis services including:
1 . Review and response to all comments included in the
Construction Manager' s Biddability/Constructability
Report .
2 . Coordination of any responses which require input from-
other disciplines
3 . Responses shall include a written statement detailing
each individual response
PHASE VI - BIDDING SERVICES
In the Bidding Phase the Architect following the City approval of
the Construction Documents and of the most recent Statement of
Construction Cost, shall provide those 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
B. Coordination of Disciplines/Document Checking services
consisting of bidding activities for:
1 . Coordination between the architectural work and the work
of engineering and other involved disciplines for the
Project.
2 . Review and checking of documents prepared for the
Project.
C. City of Dublin and Agency Consulting/Review/Approval
services during the BJ.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
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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 during construction shall
be set forth in the Agreement between the City and Architect.
The following descriptions shall be the responsibility of the
party indicated therein.
A. Project Administration services consisting of construction
contract administration functions including:
1 . Consultation
2 . Conferences
3 . Travel Time
-4 . Communications
B. Coordination of Disciplines/Document Checking services
consisting of construction contract administration
. activities for :
Page 8
1. Coordination between the architectural work and the work
of engineering and other involved 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 Construction Contract' Administration
Phase relating to applicable laws, statutes, regulations and
codes of regulating entities relating to the City ' s interest
during construction of the Project.
D. City supplied Data Coordination services consisting of
activities relating to construction contract administration
including:
1. Review and coordinatio:t 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 submittals, 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
Documents , and preparing related reports and communications .
Page 9
G. Inspection Coordination services relating to independent
inspection and testing agencies, consisting of:
1 . Recommending scope, standards, procedures and frequency
of testing and inspections -
2 . Evaluating compliance by testing and inspection agencies
with required scope, standards, procedures and frequency.
3 . Review of reports on inspections and tests and
notifications to City and Contractor (s) of observed
deficiencies in the Work
H. Supplemental Documents services consisting of:
1 . Preparation, reproduction and distribution of
supplemental Drawings, Specifications and interpretations
in response to requests for clarification by
Contractor (s) or the City and as required by construction
demands
I . Quotation Requests/Change Orders- services consisting of :
1. Preparation, reproduction and distribution of Drawings
and Specifications to describe . Work to be added, deleted
or modified
2 . Review of proposals from Contractor (s) for reasonableness
of quantities and costs of labor and materials
3. Assist the City and its Construction Manager in
negotiations with Contractor (s ) relative to costs of Work
proposed to be added, deleted or modified
J. Project Closeout services initiated upon notice from the
Contractors) that the work, -or a designated portion thereof
which is acceptable to the City, is sufficiently complete,
in accordance with the Contract Documents, to permit
occupancy or utilization for the use for which it is
intended, and consisting of:
1 . A detailed inspection with the City' s Project Manager
for conformity of the Work to the Contract Documents to
verify the punch list submitted to the Contractor (s ) of
items to be completed or corrected, , (including HVAC,
electrical and fire protection systems)
2 . Review of the amounts to be withheld until final
completion
3. Notification to City and Contractor (s) of deficiencies
found in follow-up inspection (s ) , if any
Page 10
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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
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E. Start-up Assistance services consisting of:
1. On-site observation, troubleshooting and assistance in the
operation of building systems during initial occupancy
2. Assistance in the training of the Owner ' s operation and
maintenance personnel in proper operation, schedules -and
procedures
3. Administration and coordination of remedial work by the
Contractor (s ) after final completion
F. Record Drawings services consisting of:
1 . Making arrangements for obtaining from Contractor (s) and other
parties information certified by them on all changes made during
construction from the initial Contract Documents and on the
location of concealed systems as installed during construction
2 . Review of general accuracy of information submitted and
certified to by the Contractor (s )
3 . Preparation of record drawing, based on information furnished by
the Contractor (s ) , including significant changes in the Work made
during construction
4 . Transmittal of record drawings and general data, appropriately
identified, to the City and others as directed
G. Warranty Review services consisting of:
1 . Consultation and recommendation 'to the City during the duration of
warranties in connection with inadequate performance of materials,
systems and equipment under warranty
2. Inspection (s ) prior to expiration of the warranty period(s ) to
ascertain adequacy of performance of materials systems and
equipment
3. Documenting defect or deficiencies and assisting the City in
preparing instruction to the Contractor (s ) for correction of noted
defects .
Page 12