HomeMy WebLinkAboutItem 4.17 CivicCtrDesignModif (2)
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CITY CLERK
File # D~0J~-[3][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 19,1998
SUBJECT:
EXHIBITS ATTACHED: 1)
2)
RECOMMENDATION: 1)
'])IV
'\ 2)
FINANCIAL STATEMENT:
Modification and Expansion to Civic Center Design Contract
Report Prepared by Greg Reuel, Economic Development ManagerC\-
George Miers and Associates, AlA contract dated April 29, 1998.
Budget Change Fonn
Authorize the City Manager to execute a contract with George Miers
and Associates to prepare working drawings and bid specifications
for modification and expansion of the Civic Center as outlined in the
Space Needs and Schematic Design Study prepared by George
Miers and Associates, dated February 3, 1998.
Approve funding for the costs associated with reimbursable
expenses and services needed to complete the Civic Center
modification and expansion that are not included the George Miers
contract. These services would include architect and consultant
reimbursable expenses, a topographic survey needed by the civil
engineer, bid and contractor sets of blueprints, soils' report and
testing during construction.
3)
Approve Budget Change Form
The fee presented by George Miers and Associates to complete the
working drawings for the modifications and expansion to the Civic
Center is $101,700. This fee does not include reimbursable
expenses, topographic survey, bid or contractor sets of drawings,
soils' report or testing during construction, or bid documents for
furniture.
Staff estimates that an additional $7,400 will be needed for
reimbursable expenses, $2,800 needed for a topographic survey,
$5,000 for the bid and contractor sets of blueprints, and $5,000 for a
soils' report and testing during construction, for a total of $20,200.
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COPIES TO:
4.t1
G:\CC-MTGS\98-QTR2\MA Y\5-19-98\AS-CIVIC.DOC
ITEM NO.
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No fimds are currently budgeted for design services needed for this
proj ect. Funding for the $101,700 design contract with George
Miers & Associates and $20,200 for additional services needed to
complete the Civic Center modifications will come from the City's.
Public Facility Impact Fee Fund. There is sufficient funding for
these services.
DESCRIPTION: At the March 17, 1998 City Council meeting, Staffwas directed to
negotiate a contract with George Miers and Associates for working drawings and bid specifications to
accommodate Civic Center space requirements through the Year 2002. The attached contract by George
Miers and Associates accomplishes this directive (See Exhibit 1). The proposal presented by Mr. Miers
includes professional design work to be performed by his firm and the coordination with consultants
needed to complete the project. Consultants proposed to be used by Mr. Miers include Luk, Milani &
Associates for civil engineering services, David L. Gates & Associates for landscape design, Ron Vogel
for structural engineering and C& B Consulting Engineers for mechanical, electrical and plumbing
engineering services.
The fee of$101,700 presented by Mr. Miers includes the design work from his office and the consultants
work needed to prepare working drawings and the bid specifications for the modifications to the Civic
Center needed through the Year 2002. Mr. Miers' fee does not include the following:
1.
2.
3.
4.
5.
Topographic survey needed by the Civil engineer
Set of blueprints needed for bidding and contractor sets
Soils' report and testing during construction
Bid documents for furniture required in new workstations
Reimbursable expenses as outlined in Exhibit 1 of the George Miers Contract
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Staff estimates the cost of the above services to be an additional $20,200. Staffwill work with State-
approved furniture manufacture representatives for bid documents for new furniture. If data from the
original soils' report can be used for the proposed expansion and modification of the Civic Center, then
savings can also be made in the amount budgeted for a new soils' report.
Staff recommends entering into a design contract with George Miers & Associates to complete working
drawings and bid specifications for the proposed changes and modifications needed to accommodate
personnel growth at the Civic Center through the Year 2002. Staff also recommends the appropriation of
funds for miscellaneous services as outlined in this report that are needed for the Civic Center
modifications that are not included in the basic services rendered under the George Miers contract.
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T.H E
AMERICAN
NSTITUTE
o F
ARCHITECTS
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I
AlA Document B 141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCW';[Ei\fT HAS HIPORT.4NT LEGAL CON-SEQUENCES; CONSULTATION W7TH
l'-:V ATTORNEY IS ENCOUR..-1GED ~"(7iTH RESPECT TO ITS COi'vIPLETION OR j'vIODInC~TIO!\".
AGREEMENT
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made as of me
KLT'1eceen Hundred and
twenty ninth day of
Ninety Eight
April
in Lr-,:: \-ear 0 f
BETWEEN the o-~vner: City of Dublin
(.\"mE! and aadmsj 100 Civic Plaza
Dublin, CA 94568
and G'1e ArchicecL George Ivilers & Associates
(SwnE! and acidre~.s) 369 15th Street
Oakland, CA 94612
For G'1e following Project:
(I,,~!ut!e :iett:.i!ea de!;criptiOr: of Project, locarion, addrE!ss and scope.)
Interior expansion and Renovation of the existing City Hall & police Facilities outlined
in GIv1A Facility Program dated 2113/98, and preliminary floor plans dated 2123/98.
Scope of work also includes miscellaneous exterior buildings, parking and site work
described in GMA' s 2173/98 drawings. Also included is GMA hourly rates attached
herein as Exhibit 1 and GMA Fee Schedule Exhibit 2. Scope of work will include a
recommended phasing strategy approved by owner and incorporated into the bid
documents.
. The Owner 2...T1d Architect: agree 2.5 set forth below.,
Copyright 1917,1926, 1948, 1951,1953,1958,1961,1963,1966,1967,1970,1974, 1977,@1967b;-TheAmc:ri:::''1Insritctc:
of Architects, Ii35 New York Avenue:. N.W"., W:lShingron, D.C. 20006. Reprod.uction of the m:n::ri:1l herein or subst:mti:ll
quot:1tiOn of its provisions wit..'1.out ;"rrittc:n pe:mission of the ALA vio1:ltes the copyright l.:lws of the: United SOtes md.....ill be
subject to leg::tl prosecution. .
EXHIBIT ..
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TERMS AND CONDITIONS OF AGREEMENT BETW'"EEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's c:mployees 2nd Architect's
consuJunts:iS c:numer.ned in Articles 2 md 3 of this Agrecncn
md 2nY other services inCluded in Article 12.
1.1.2 The Architec(s services shill be performed :z.s ocpedi.
tiously :is is consistent ~;ith profession:.al skill 2nd ere md the
orderly progress of the V;. ark. Upon request of the Owner, the
Architect stull submit for the O~;ner.s :approv21 :I schedule for
the perfonnmce of the Architect's services which m:ay be
:ldjusted :is the Project proceeds, :and sh:al1 include al1o~"2!lces
for periods of time required for the Owner's re\iew :and for
:appro\.21 of submissions by :luthorities luving jurisdiction over
the Project. Time limits esublished by this schedule 2.pproved
by the Qv.ner sh2.ll not, except for re:ason2bJe ClI.lSe, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement 2fe subject to
the til'TIe limit2.tions conuined in Subp=gr.lph 11.5.1.
c
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.'.1 The Archirect"s Basic Se....ices consist of those described
in P:l...-::lgr2phs 2.2 through 2.6 and w)" other services identified
in A.l'ticie 12 as part of B2.Sic Services, and include norm21 Struc-
tural, mech:anic:a.l :and dectric:a.l engineering ser....ices.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect sh:ill revieVo. the prog= furnished by the
Owner to 2scen2in the requirements of the Project and sh.:ill
~ve :It :I mutu:a.l undersunding of such requirements with the
O~"TIer.
2.2.2 The Architect sh:a..\1 provide :I prelimin:l.ry e\.:a!\.Quon of
the O.....ner.s prog=, schedule and construction budget
requirements, e2ch in terms of the other, subject to the limiu-
lions set forth in Subp=gf2ph 5.2.I.
2.2.3 The Architect sh:a..\1 revieVo. with the OVo:ner ::a!te:rn:ltive
:ippro:lch~ IO design md construction of the Project.
2_2.4 B2Sed on the mutually :lgreed-upon progr.un, schedule
:md construction budget requirements, the Archirect sh:ill
prep2fe, for :ippro'\":i.I by the O~"TIer, Schem.:uic Design Docu-
mentS consisting of dr2~.ings :md other documents illust.""::Iting
the de :md reJ;l(ionship of Project components.
2.2.5 The Architect sh:ill submit 10 the Owner :I prclim.irury
cstim:lre of Construction COSt b2Sed on current :l.re:I., volwne or
other unir costs.
C.::
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 B25ed on the :ippro....ed Sch=2tic Design Documents
:md my 2djustments :l.uthorized by the Owner in the prog...""::IIT1,
schedule or construCtion budget, the Architect sh:i.ll prep:m:,
for approv21 by the Owner, Design Development Documents
consisting of dr2wings:and other documents to fix 2nd describe
the size :md ch4ncter of the ProjeCt 2S to ::a.rchitcctur:a.l, sttUc.
tuI41, medunic21 and decuic2.1 systems, mareri:als :md such
other e1=ents 2S IIl2Y be :appropri2te.
2.3.2 The Architect shall :advise the O~mer of :my adjustments
to the prelimirury estim:lte of Construction Cost,
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the:ippro....ed Design Development Docu.
ments :and :m)' further :Idjustmenrs in the scope or qu:a.liry of
the Project or in the construction budget. authorized b)' the
Owner. the Architect sh:a.lI prep:are. for :Ipprov21 b)' the O~"TIer,
Construction Documents consisting of Dr.l.....ings 2nd SpecifiC:!.
tions setting forth in detail the requirements for the eonstruc.
tion of the Project.
2.4.2 The Architect sh:ill :assiSt the O~.ner in the prepar.nion of
the necess:ar)' bidding inform:ltion, bidding form'i. the Condi.
tions of the Conrf2et, and the form of Agreement betv,:een the
Owner :md Contf2Ctor.
2.4.3 The Architect sh:i.ll :ldvise the O~'ner of :my :ldjusunents
to previous preliminary ~tim:ltes of Construction Cost indi.
c.ued by ch:mges in requirements or gener:a.l m2fker conditions.
2.4.4 The Architecr sh:i.ll assist the O.....ner in connection wo.
the O";';ner's responsibiliry for filing documents required
the appro\'21 of govemmenuJ :luthorities lu\'ing jurisdiction
over the ProjeCt.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The ArchiteCt. folloVo.ing the O~.ner's :lpprov21 of the
Construction Documents and of the Utest prelimin:ary cstim:lte
of Construction COSt, sh:a.lI 2Ssist the O.....ner in obt:l.ining bids
or negoti:lted propos:al~ :md assist in :Iw:arding 2nd preparing
conrf2Cts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect"s responsibility to provide B2Sic Sen,."ices
for the Construction Ph2.Se under this Agreemenr commences
~'ith the :I~.::a.rd of the Contr2ct for Consrruction :Uld termin2tes
;It the C2tiier of the isSU2I1ce to the O~.ner of the f1TUl Certific::ne
for P:I)'menr or 60 d:lys :lner the d:lre of Subsumi:aJ Completion
of the Work. unless eJ\tended under the terms of Subp2I7Jgr.lph
10.3.3. r d"5S;<?f.3I1U -+" ~~~ t1Wrt;/r ir..
2_6.2 The Archirect sh:i.ll prOVid9..:ldministr:ltion of the Con.
tr.lct for Consrruction 2S set fonh beloVo. 2nd in the ~cia,. of
."4', '8 3-J:=,~,,1 :...:91. Genef2l Conditions of the Comr2er for
Construoion. Cd.....ul _ sf If\':' &...l~~":" 1~~"'l..ul...ull ......J~
oth~1"V,':se prouicec i:r. this ".gr~.::mt::flt.
2.6.3 Duties, responsibilities 2nd limiutions of:luthority of the
Archirect sh.:ill not be restricted, modified or extended WithO.
wrinen :lgreement of the Owner :md Architect with consenr 0
the COntl'2ctOr. which consenr sh:ll1 not be unt::zon:ably
withheld.
AlA DOCUMENT 8'.1 . O~.r-;ER.ARCHJTECT AGREE.>ott.-.T. fOUR1ttN1'li EDmaN. AlA- . @1987
THE AMERlCAJ''; INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.>JUE, N.W., WASHINGTON. D.C. 20006
8141-1987 2
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2.6.4 The Architect sh;ill t-.--. Yt".__..uti.<: ~ -- -' -"~112dvise
2nd consult with the Q'll."I'ler (1) during construction until fin2l
p2ymc::nt to the Contr.lctor is due, 2nd (2) 2S an Additiorul Ser.
vice:u the Owner"s direction from time to time during the cor-
rection periOd described in the Contr"",ct for Construction. The
Architect sh2l1 h2ve 2UthOriry to aCt on beh2lf of the Owner
only to the extent provided in this Agreement unless otherwise
modified by written instrument. h .
_ (. ;,"..1... 1:7,;-",,"':, ..f"DlJr"' 6u(0 I'~-:.j'" VJee,k:..f-
2.6.5 The Architect stull visit the sit?\2t interVals ;;!Pproprbtc:
to the stage of construction or 2S otherwise 2grc:c:d by the
(n;I..ner and Architect in writing to become gener:illy famili:tt
with the progress and qw..liry of the Work completed and to
determine in gener:;z1 if the Work is being performed in :I. aun-
ner indioting th2t the Work when completed will be: in :l.ccor-
dz1ce with the Contr.lct Documents. However, the Architect
sh2ll not be: required to m:ake exh2UStive or continuOUS on.site
inspections to check the qU2liry or qU2I1tiry of the Work. On
the b;2Sis of on-site observ2tions 2S :in 2t'chitect, the Architect
sh:ill keep the O...nc:r informed of the progress and qU2liry of
the W.ork, and sh:ill endc:2vor to gu2Id the O'll..ner 2g:Unst
d,=f~ctS and deficiencie<; ,.n 'he Work. (More e:xtmshoe site
representation may be agr?ed to as a7'l Additional Service, as
described in Paragraph 3.2.)
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2.5.6 The Archite::t sh:ill not have control over or ch~e .of
al'"lC sh2ll not be: responsible for construction means, methods,
techniques, sequences or procedures, or for gfery precautions
::Lf"JC progn.ms in connection with the Work, since the:sc: ;are
solely the Contr.lctOr"s responsibility under the Contr.lct for
Construction. The Architect sh2ll not be responsible for the
Contr2ctor"s schedules or failure to carry out the Work in :l.ccor-
~"1ce with the Contr.lct Documents. The Architect sh2ll nOt
ha....e control over or charge of acts or omissions of the Contr.lc-
tOr. Subcontnctors, or their agents or employees, or of any
other persons performing portiOns of the Work.
2.6.7 The Archirect shall.2l~~ hav).,,:I.~ce.ss to the, Work
v,.-he~ever ir is in prepar:Hion or progres.s.' (;.:,~?C'i1;;;tt...-_
2.6.8 .[.'li::_p ~ :-:::::.- 6:~e:-v..:se: et iJ,:.;..je::c ::n cl'::: Cc.l'.::<lIet
-D::::;;.. e:::s O~ -":t:: cirt:: C:JFI1r.1' -:ic:::iGflE ....~... !;,o~.- ~
E:-'.j :._:..'10:"'_':"', :....: 2wfle~ ~'1C Cs:-.::-acwr :::~'::3 _"'::I1.1'I;~'! .
~:Cl:l.?". :II! .\r-::':::t. Communications by and 'll.'irh the Archi.
tea.s consultants shall be tl}fough the Archirect. I
~', Artr;~:' ~t~ll r~';;ew 8r1~ ,i/i 5 re:.t3r;i: n....
2.6.9 ~.:.. .:.- .~~'.' . -
the ComnctOr'S Applications for Payment~ \l:1~ '.:::....itllC :~eR
~ and ~ the amounts due the Contl'2ctOr.
. re..,t;evv
2.6.10 The Architecr"s c.-;f:- :i9:1 for payment shall consti-
ture ;;l represenurion t6. the Owner, based on the Architect's
observ:ltions :l.t the site :l.5 provided in subparag..~ph 2.6.5 and
on the d:lt.:l. comprising the Comr2CtOr'S Application for P;;ly~
ment. thar the \'l:'ork has progressed to the poinr indicated and
th;;!t, to the best of the Architect' s kno~.ledge. informarion and
bc:!ief, qwliry of the Work is in ;;!ccordance with the Contr.lct
Documents. The foregoing reprc:se:nt:l.tions 2t'e subject to an
eV:2.h.::ltion of the Work for conform:mce with the Contr.lct
Documents upon Subsunti:l.l Completion, to rcsults of subsc~
qUc.'1r tCSts and inspections, to minor deviatiOns from the Con~
t::;let Documents correctable prior to complerion and to spc.
cificqu:a.\ifiotions expressed by the Architect. Tfie i5$HilAE:e e~ll
(_.-::;::3.:: :0:- ~::.....::n: :~~ 5Yr:~,Br "'9t'J["i-..~a'" rTprA...,.~....ti~
t:. ~ \,:~... ::OH:~-"'::" -~ :fl~:t1~g .e r'll.~ u.~:1t :... bL f: QA=ilG'I5R! ~TAi..
~_ However, th)..i[~~,,-.ee sf 8. :::e:,:jfi :iHe ~8r P:lj. .:1r sh:a.\l
nor be a reprc:sem1'tion thar the Architect h:l.S (1) m:ode exh:lus-
tive or conrinuOl15\on.site inspeCtiOns to check the qu:iliry or
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qumriry of the Work, (2) revie<;\.-ed construction me:an.s, meth-
ods, techniques. sequences or procedures, (3) reviewed copies
of requisitions received from Subcontr.lctOrs and rruteria.! sup-
pliers and other cb.u requ~ted by the Owner to substantiate
the Contl'2Ctor's right to p2ymc:nt or (4) ascertained ho'\l,' or for
wh:ilt purpose the Contr:2etor h2s used money previously paid
on account....ofLt?l Co~t?Ct ~um. ... I. '.~
I :"t..~y ~!1:} ~V:~~ ~(a'~ C)IIY -.
2.6.11 The Architect sh2.ll...h::l ~. te r~t Work which
does not conform to the" tontr.lct Documents. Whenever the
Ardtitect considers it necc:s52I'Y or advis2ble for implc:mc:nu-
tion of the intent of the Contl"2ct Documents, the Archirect will
h2ve :outhoriry to require: additiorul inspectiOn or resting of the
Work in accordz1ce with the provisions of the Contr2ct Docu-
ments, whether or not such Work is f:1briCl.[ed, insulled or
completed. However, neither this authority of the Architect nor.
a decision made in good faith either to exercise or nor to exer-
cise such :l.uthority sh:ill give rise to a dury or responsibiliry of
the ArchiteCt to the Contnctor, Subcontl'2ctors. m;;lreri:a.\ and
equipment suppliers, their agents or employees or orher per.
sons performing portions of the Worle .
2.6. i2 Tne Architect shall review and :lpJ.lrove or take other
appropriate action upon Contnctor's submitta.l.s such :l.S Shop
Dl.l..'ings, Product Data and Samplcs, but only for the limited
purpose of checking for conformance Vv.ith information given
and the design concept expressed in the Contncr Documents.
The Archirect's :l.ction shall be wen wirh such rC2Son:abJe
promptness ;2S to ouse no delay in the Work or in rhe con.
srruction of the Owner or of sep:u.lte contr.lctors. while allow.
ing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submin:a.\s is not con-
ducred for the purpose of determining the accuracy and com-
plereness of other dcuils such 2S dimensions and quantities or
for subst:ultiating instructions for insu1!:otion or pedormmce of
equipmem or system5 designed by the Contr:lctor, all of which
remain the responsibility of the Contnctor to the extent
required by the Contr.lct DocUl'Tlents. The Archirect'S review
shall not constitute approv:a.\ of safer)' precaurions or, unless
other~;ise specifically stared by the Archirect, of consrruction
means, methods. techniques, sequences or procedures. The
Architect's approv;;] of 2 specific item sh;ill not indic:ate
2pprov:a.\ of an :l.Ssembly of 'll..hich the item is :a component.
\l;'hen profe:ssion:a.\ cenification of performance ch:lr:lcreristicS
of mareri:l.l.s, systems or equipment is required by the Contt:lCt
Documents, the Architect shall be entitled to rely upon such
certification to est:l.blish thar the materi2.!s, systems or equip-
ment will meet the pe~formance criteria required by the Con-
tr:lcr Documen.ts. il ~ ,~' r. ~J ! .'; ,1' '
e.-<:""....-(:'l "I.~0 11::=f' .::i<J C,I'&.'(,:6 ':1 t7r(j r.....J(,1\'i,
2.6.13 The Architect s ~ Change Orders UidiConeJ
struction Change Directives, 'll..ith supporring doeumentarion
and c:bta if deemed necc:s.s:u-y by the Architect :l.5 provided in
Subp:ar:Jgl'2phs 3.1.1 and 3.3.3, for the Ownc:r"s :Ipprova.! md
execution in accordance with the Conrr.lct Docwnents, and
may authorize minor ch2nges in the Work not involving an
adjustment in the Conrnct Sum or an extension of the Contr:lct
Time 'll..hich :rre not inconsistent 'll..ith the intent of the Contl.lct
Documents.
:2~:.~ 7:'._ :~ ~;-.i:_':: 3lc.a:B :-o:-.,L::t :...~r'a::.)...J w ~_.~...;;~~
. . ea s' 5' ....S--R..-' GSffl~le~ SA S:!'Ie'\.. ea,e~' "::
t~ ._ ~. -;r_ . I:l_, ._ ,.- I ...- . ...:
~~..~:~9~' ~~:Jdl ~~:::"e QIlC Wf"'are! r8 tt-.: :-...~:. f<:, :~
._ ._ . _ p' . __:: r~CGrs..: '?"l'ir.tn v.iI:t:""lti-- B...'lC r:lar~
c~.:~..:;:.;::::: ~"",i~t:: to;. mt CGRr-;::;t":: DSC'dlTle;.:: :lflB a::~eFfl-
b1 c:") .1.... ......~.'-'.. ...".: .Jl.~ ;...>u..... 5......: Cy";::_,,,~ f~. :- "I~
..' . ~.,-
,.,1.1_....[ wy>.J.. .......:.,~..?_............ .~ J~.I. cl..._ I.I,..""iu...J_...Jo.lo....~lo..,;) \",01. .......- ...........~."'._.:1.
t)C:::1J.. en:s.
3
e141-1987
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AlA DOCUMENT 814' . O~E:R.ARCHlTECT ACI1.E:ZME!'<'" . FOUR1"'EENTli WInON . AlA. . @1987
THE: A..>,U::RlCAr' INSTITUTE OF ARCHllECTS, 1735 NE'\:l;. YORK AVENUE. RW., WASHINGTON. D.C. 20006 --
.k'r' raYfi'\eJ
. _ reV~e'W
2.6.15 The ArchiteCI sh:ill interpret 2nd dedde mmcrs con-
cerning pcrfof1TI:mce of the Q-.Rtlr lifld COntr.lCIOr under the
requirementS of the Contr:lCI Documents on wrinen requc=st of
~ the Owner. or GeRtr.lE::or. The: Architect's rcspanse to
such requests sh:ill be m::l.de with n:::lSOn.:Ibk promptness 2nd
within :my time limits ::l.grced upon.
2.6.16 Interpret;l.tions ft~ '1 d Hi€igAl; of the Architect sh:ill be
consistent with the intent of 2nd rczon.:ibly inf=bk from the
ConmCI Documents :and sh:ill be in writing or in the form of
dr;;z~'ings. ~making' sucb-intcfpretllt:oru me ':"''':W:I dw""';-
";'"'~.. ~"e A:"chit~cr l;1:MU l'n9w"Gr Ie UQlrf flliH-_'W perfer
,..,-.,/""~ by l;-Q.... O~~:~ ~~ CQI'llr.lct8r, shall RSt .sh:3"lO. pll1titiirr
!'6 l!!ilher, IiAQ l;~ Rei Be lillbk fer results of .:....t'-.:?~l:.Ibol'l::!'Of
dec::;ial"l~ S6 ratHie. e:c. .:.... 1,000 ;-"';;:1"
~E": -----72.6.17 The Architect's decisions on m:mers rcl:nlng to ::l.csthe.
l"l ' I is tic effect sh:ill be fltUl if consistem with the intem expressed in
the Contr.act Documents. 1 i!?f J" 0
_ t:'r..1 iC'11-'7.fS- 1(:"it:"~S, u::;, rl(.:. wi10r
2.6.18 The mchltea sh:ill render ",.ri n^de:U:Sl".3 within a
re:l.Son.:lble time on :ill claims, dispules or other m:ltters in ques-
tion between th~ O'9-'ner :and Contr:lctOr re.!.:lting to dic execu-
tion or progress of the W'ork 2S prC1:ided in the Contr.lCt
Documents.
(
2.&. HI The Ar=!-:i:e:=:'s 91ld,gitms QF: ~~5, di=J?1ojte~ sr stRe::
J:::~--U=, iAEJlH:~;:15 '~3&! irl 1;j\,i€s:i;:Jf: bet?'eeF. me O"-l'ler IReI
Cc::::;::or. e.L.......;< F..... ...:........,.. "Y:-"~"'b ~I..' .......-'..~.......;.. :.::e::: &: ~r8
. :.::e ~. Scl:~~Sg. :r:-. 2.::::.::-, J;.~ ~,J....~;i-...L L~ .....:..~.~AL'-"~.. ~
pro"i.-l~~ ir: trfr A S--j.....'t':1- ..........J i,... .l:ie CSR.PiiE: 99:\1(fjefl~.
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ARTICLE 3
ADDITIONAL SERVICES
3.1
GENERAL
3.1.1 The services described in this Article: 3 :ue nOt included
in B:asic Services unless so identified in Article 12, ::l.,11d they sh:ill
be p:<.id f<;Jr by the O"'.ner ::l.S pro....ided in this Agreement, in
~ddition to the compcns;nion for B:asic Setvices. The services
described under P::l.t'2gr::lphs 3.2 ;md 3-4 shall only be provided
if Oluthorized or confinned in ",'riting by the O"'.ner. If services
described under COntingent Addilional Ser'\"ices in P::l.r.lgr::lph
3.3 ue required due to circumstances beyond the Architect's
control. the Architect sh.:ill nOtify the Owner prier to com.
mencing such ser....ices. If the Owner deems th:n such services
described under P::l.r.lgr.lph 3 -3 :ue not required. the O"'"1ler
sh::l.!l gi....e prompt '9-.rinen nOtice to the Architect. If the Ownc::r
indic;lIes in ""riting that ::l.!J or pm of such Contingent Addi-
tional Sc=n.ices ::l.re nOl required, the Architect shall hOl....e no obli-
plion to provide those sen'ices.
3.2
PROJECT REPRESENT A TJON BEYOND BASIC
SERVICES
C',
3.2.1 If more extensive represenUtion OIl the site than is
described in Subpar:agr.lph 2.6.5 is required, the Architect sh:ill
provide one or more Project Represenutives to :lSSist in carry-
ing out such ::l.dditiomJ on-site responsibilities.
3.2.2 Project Represenutives shall be selected, cnployed 2nd
directed by the Architect, :md the ArchiteCt sh::l.lJ be compen-
SOIled therefor :1..<; ::l.greed by the Owner :and Architect. The
duties, responsibilities :and limit:ltions of ::l.uthority of Project
Representoltives sh::l..!J be ::l.S described in the edition of AlA
Document B352 current:as of the d:m: of this Agrecme:nt, unless
orhel"".ise ::l.greed.
3.2.3 Through the obsel'v-:ltions by such Project Represc:n.
t;l.tivcs, the ArchiteCt sh:ill ende::zvor to provide funhel' protcc-
tion for the Owner -:lg:tinsr defects 2nd defidendes in th~
but the furnishing of such project repr~toltion S
modify the rights, responsibilities or oblig2tions of the Archi
2S described cisewhere in this Agreement.
3.3
CONTINGENT ADOmONAL SERVICES
3.3.1 M::l.king revisions in Dr.lWings, Spec:ifiotions or other
documents when such revisions :ue:
.1 inconsistent with ::l.pprov.ili or instructions previously
given by the O~"'I1er, including revisions tn:lde neces-
sary by ::l.djusrmcots in the Owner's pro~ or proj.
ed budget;
.2 required by the en.:lcunent or revision of codes, .!.:Iws
or regu.!.:ltions subsequent to the prep::l.r::ltion of such
documents; or
.3 due to ch:anges required::l.S Ol result of the O~"'I1er.s f:tiJ.
urc to render decisio!"~ if! :: ~e1y m2nner.
3.3.2 Providing services required bec;mse of significant
ch2nges in the Project including, but not limited to, size, qual-
ifY. complexiry, the O~;ner.s schedule, or the method of bid-
ding or ncgmi:atirlg and COntr::lCting for construction, except for
sen'ices requircd under Subp:ar::lgnph 5.1.5.
:\ 3.3.3 Preparing Dr:a~'ings, SpedfiC:ltions :and other documen.
/. tition md supporting da.u, ev::l..!u;lting Contr:actor's proposals,
:and pro"'iding other sen.ices in connection with Dunge
Ordcrs :and Construction Change Directives. .
3.3.4 Providing services in conne:etion with evalu;lUng sub
tutions proposed by the Comr:actor 2nd m:lking subscquent
revisio1".5 to Dr.lwings, SpeciIiC:ltions md othe:r documenution
resulting therefrom.
" 3.3.5 Providing consultoltion concerning repbcement of~'ork
d=aged by fire or other C1use during construction, 2nd fur-
nishing sen.ices required in connection with the repbccmenr
of such \);'ork.
X 3.3.6 Providing services m:lde: necessary by the dd:lult of the
Contr.lctor, by major defecL~ or deficiencies in the \l:'ork of the
Contr.lCtor, or by Wlure of perforIn2nce of either the O"'"1ler or
Comr.aCtor under the Contr.lct for Construction.
3.3.7 Providing services in cvalu:ating:an extensive number of
claims submitted bj' the ComnCtOr or others in conneCtion
'9-'jth the V;'ork.
3.3.8 Providing sen'ices in conncction ""ith :a public hearing.
::l.rbitrOltion proceeding or legal proceeding exec-pC whl:re the
Architect is pmy therelO.
3.3.9 Prep::l.ring documents for alcem:lce, sep:tr2tl: or seque:nt.i.:t.l
bids or providing services in connection with bidding, negOti:lc
tion or construction prior to the completion of the Construc-
tion Documents Ptuse.
3.4
OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing :analyses of the O~"'I1er's necds 2nd progr:un-
ming the requircments of the Project. .
3.4.2 Providing fin:anci;U fe::l.Sibility or other speci.:ll studies.
3.4_3 Providing plmning surveys, site e.....::l.!u;ltions or corn-
p:lf':Itivc studies of prospective sites.
AlA OQC1JMEN'T S,., ~ O\'t.NER-ARCHJ"rECT AGREEMENl ~ FOUR"!'EENTIi mmON ~ AlA~ · @I987
THE AMERICAN iNSTITUTE Or ARCHITECTS. 1735 NE:'r YORK AVENUE, N.W., WASHiNGTON, D.C_ 20006
8141-1967 ...
.
.
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3.4.4 Providing specW surVl:}'s, cnvironment:l.! srodic:s 2nd
submissions required for :dpprov:U.s of govemment:l.! :duthoritic:s
or othe::; h:dving jurisdiction over the ProjeCt.
3.4.5 Providing services rd..tive to furore t2cilities, syStc:m5
:md equipment.
3.4.6 Pro~iding services to investig2te existing' conditions or
bcilities or to m2ke rne2Sured dn'~I,..ings thereof.
3.4.7 Providing services to verify the 2CCUr:lcy of dn.wings or
other inform..tion furnished by the Owner.
3.4.8 Providing coordin2tion of construction performed by
sep:L-;ne conrnctors or by the Owner's own forces:md coordi.'
n2tion of services required in connection with construction
performed :md equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of:d con-
struction m:mager or sep:dr.ne consulunts reuined by the
O...-oer.
3.4.10 Providing dewed estimates of Construction Cost.
3.4.11 Providing dewed qu:mtity surveys or inventOries of
rr.:;1lerbl, equipment :md I2bor.
3.4.12 Providing :malySes of o",.ning :md oper.ning coSts.
3.4.13 Providing interior design :md other sims services
required for or in connection with the selection, procurement
or ins.wtion of furniture, furnishings ::md related equipment.
3.4.14 Providing services for planning terunt or renul spaces.
3.4.15 M3..l.dng investiptions, inventories of m2.ter'.al5 Ot equip-
ment. or valuations and deciled ;<ppr.tisals of existing bcilities.
3,4.16 Preparing:d set of reproducible record dr.lwings show-
ing si;nificant changes in the Work m:lde during construction
b2Sed on m~ked-up prints, dn';\..ings and other d:l~ furniShed
by the Contr:lctor to the Architect.
3.4.17 Providing 25sisunce in the: utillliltion of equipment or
systems such 2S testing. :ddjusting and ba.1::mcing. prepar..tion of
ope::nion :md maintenance m:mwls, training personnd for
Opc:dtjon and mainten:mce, and consultation during oper.ltion. .
3.4.1 B Providing services ;ther issuance [Q the O"'.ner of the
fl...'1al Certiflc:dte for Pavment, or in the 2bsencc: of a final Cer-
t!fic:l.te for P:dymenr. ~orc: th::m 60 d:lys 2fter the: cine of Sub-
st:L'1ti:u Completion of thc: Work.
3.4.19 Providing Sl:f'vices of consultants for othc:r th:an ~chi-
tectu::l.!. Strucrur<il. mechanic:z.\ :md electric;!} engineering por-
tions of the Project providc:d as 2 pan of BL5ic Sc:rvices.
3.4.20 Providing any other servic~ not other.....-ise included in
this .....g~c:emenr or nor customariJy furnished in accordulcc:
with g:::ner:illy 2cceptc:d ~chitectur.il pr.lcticc:.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 Thc: Owner shall provide full inform;ltion regarding
r~quirc:ments for the Project, including 2 prog.~ which sh2ll
se:t forch thc: Owner"s Obje:ctives, schedulc:, COnsL"'"2intS :md cri-
tc:rtl, including sp:acc: requirements :md re:ationships, flexi-
bility. expandabiliry, speci:l1 equipment, syste:m5 :md site
requirements.
4.2 The Owner sh:a1l c::sublish :md upcl2.te :m ovc:r.ill budg::t for
the Project, including the Construction COSt, the Ownc:r.s other
costs :md re2Son2ble contingencies rd2ted to :all of these costs.
~~2 I: ;~E:lI:I~lecl ~r th~ A:rc\:lill!:E:t, fA~ OWPle:r sh~ ~..,~ :~
Ae . Jl: f~.;l1'lO::w ~.ltfl5~m~;us hi' ~ 6"-... ....\.~k l<. F...::fL..: r..'1e
Q;<'.Al!:r'S eeEg5tlep.s I:IAser >hi: .'.Z:e:efficm.
4.4 The Owner sh:all desigrute 2 representative 2uthorized to
:act on the Owner.s beh2lf with respect to the Project. The
Owner or such 2uthorlzed representative sh:all render decisions
in ::.I timely m:mner pertaining to docwnents submitted by the
Architect in order to 2void unrcsoruble del..y in the orderly
:md Sl:qucnti:al progress of the Architect's services.
4.5 The Owner sh:all furnish surveys describing physic:al
ch=cteristiCS, leg41 limit:ations :md utiliry locations for the sitc:
of the Project. :md .. written leg:il description of thc: site. The
surveys md leg:z.\ inform2tion sh2ll include, as appliC:l.ble,
gndes md lines of streets, 2llc:ys, p2vemen.tS :md lldjoining
property wd structures; 2djllcent drain..ge; rights-of.~"'2Y,
restrictions, C2SCments, encro2chments, zoning, de..cl restric-
tions, boundaries wd contours of the site; locations, dimen-
sions :md necessary cl2.t2 pertaining to existing buildings, other
improvements :and treesj :md information concc:ming av2ilib1c:
utility services :md lines, both public ::md priV::.ltc:, above: :and
below gr:lde. including invertS and depths. All the information
on the survey sh2ll be referencc:d to a project benchrrurk.
4.6 The O""ner shall furnish thc: Sl:rvices of georc:chnical engi-
nc:-ers when such services .are requested by the Architc:ct. Such
services m:lY includ~ but .are not limited to test borings, test
pits, den:rmin:ltions of soil be:aring v:Uuc:s, percol2tiOn tests,
ev:uwtions of hazardous m::l.tc:rUls. ground corrosion and resis'
tivity tests, including necessll,!l. ope:<ltions for :;u)ticipating sub-
soil conditions, with reportS :md :appropri:atc: profession:u
rc:commend.:1tions.
4.6.1 The Owner shall furnish the services of other consul.
t:ants when such services ~e re:ason:dbly required by thc: scope
. of thc: Proje:ct :and a.rc: requested by the Architect.
4.7 The Owner sha.1l furnish Structur.il, mechaniol, chl:mical,
:air :and ,.....ter pollution tests. tesrs for haz.ardous marc:rials, :and
other labor-Itory :md environmc:nt:l.! rests, inspc:ctions :and
rl:portS required by la..... or the Contract Documents.
4.8 The Owner sh:a1l furnish 2ll1eg:il, 2ccounring :l.."Jd insur:ance
counseling services :;IS m:ay be necess;lry :at :my timc: for the
Project, including :auditing Sl:rvices thc: O';\..ner m;lY rc:quire to
verify the Conrr.Ktor.s Applic2tiOns for Payment or to ascer...ain
how or for "".hat purposes thc: Contr.;lctor has used thc: monc:y
paid by or on behalf of thc: Owner.
..-
4.9 The services, inform;ttion, surveys and repOrtS rc:quir~d by
pan.gr:lphs 4.5 through 4.8 shall be furnished at chc: O"".nds
expense, :and the Architect sh2ll be entitled to rdy upon the
:l.Ccuncy :and completene:ss thereof.
4.10 prompt written notice shall be given by the Owner to the
Architect if the O""ner becomes :a"".~e of ::my [:dult or defc:a in
the Project or nonconform::mce with the Cont:<lCt Documents.
4.11 The propoSl:d !.arlgu;lgc: of cc:rtifiC:;ltes or certific:ltions
requested of the Architect or Architect'S cortSulunts sh.a1l be
submitted to the Architect for revie';\.. wd 2ppronJ at leasr 14
cl2.ys prior to execution. The O~:ner sh:ill not request cc:rtific:a-
tions th:at would re:quirc: knowledgc: or services bc:yond the
scope of this :Agre::menr.
5 B141.1987
AlA OOCtllolENT alA' . DW!'IER"ARCHlTECT AGRllME."IT . FOURTtEl-<lll WITION . AlA"' .01987
TH:=: A.."i:=:R:o.N INsnTT.ITI: OF ARCHITECTS. 1735 NE\t" YORK A~"'UE. N."Ir.. WASHINGTON. D.C. 20006 -
I .
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ARTICLE 5
CONSTRUCTION COST
s., DEFINITION
5.'.' The Construction COSt sh211 be the totiJ cOSt or esti-
m:ad cost to the O~mer of.:ill elements of me Project designed
or specified by the Architect.
5. '.2 The Construction CoSt sh:l.ll include the COSt :at current
m:l:ket roues of blbor :and m:lteri:als furnished by the Owner :and
equipment designed, specified, selected or specially provided
for by the Architect, plus :I re:l.Son:ablc :illow:ance for the Con-
U:lCtor"s overhc::ld ::md profit. In :lddition, :I re2Sona.blc :illow-
::mce: for contingencies sh:Ul be included for m:arke:t conditions
:at the time of bidding :and for ch::mges in the \);.ork during
cons:.;uction.
5.'.3 Construction COSt does not include the: compensation of
the: Architect md Architeet"s consult:lntS, the COStS of the land,
rights-of-~.ay, ftn2I1cing or other costs which :u'e: the: respon.
sibility of the O~.ner ~ r'0'1:ided in Anicle 4.
C'
5,2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.' Ev2lu:aions of the Owner"s Project budget, prelimi.n2ry
estir.':.:atc:s of Construction COSt :and dewed estim:ates of Con-
strue-Jon Cost, if :any, prepared by the Architect, represent the
Arc~iteCt's best judgment 2S :l design professional f.m1iliar with
the construction indusll'Y. It is recogruzed, hOllo'e:ver, th:at nei-
ther the Architect nor the 0'9.ner has comrol over the cost of
bbor, m:Ueri:Us or equipment, over the COnInctOr"s methods
of determining bid prices, or over competitive bidding, market
or negoti:ni\'1g conditions. Accordingly, the Architect cannOt
2nd does notllo;arr:mt or represenr that bids or negoti:aed prices
will not \'ary from the Ollo.ner.s Project budge:t or from any
esti..-:1:ite of Construction COSt Dr ev21u:aion prepare:d or ::lgreed
to by the Architect.
5.2.2 No fLxed limit of ConStruction Cost sh211 be: csublished
25 :i condition of thiS Agreement by the furnishing. proposal or
est.blishment of :l ProjeCt budget, unless such fixed limit lus
bee:1 ::lgreed upon in writing :and signed by the p.mies heretO. If
such :l rued limit has been esublished, the Architect sh;ill be
pe:mined to include contingencies for design, bidding :lOd
pri:t" esca14tion, to determine: ~.ha! m:neri21s, equipment. com.
ponent systems Zld types of construction :are to be included in
the: COntr::lct Documents, to m::lke roson:;;lble :;;ldjusunents in
the: scope of the Project :;;l.nd to include in the Contnct Docu.
ments altern::lte bids to ::ldjust the: Construction Cost to the fixed
limit. Fixed limits, if my, sh:Ul be inCT1:2SCd in the :vnount of:lO
incre:iSe: in the COntr::lCt Sum occurring :;;lfter execution of the
Com::!ct for Consrruction.
c.-
5.2.:3 If the Bidding or Negoti;ltion Pluse: h::lS not commenced
"9o.iL'-::.."'l 90 ~ys mer the Architect submits the Construction
DoC'J:>lents to the O......ner, :any Project budget or rued limit of
COI"'..5tn.laion Cost sh:ill be :ldjusted to reflea ch:mges in the
gene:2IleveJ of prices in the construc>Jon industry between the
d::ne of submission of the Construction Documents to the
O......ner :and the d:ae on which propos21s :are sought.
5.2.4 If:;;l fixed limit of Construction COSt (:;;tdjusted 25 pro-
vide:: in Subp:L--::lgr:lph 5.2.3) is exceeded by the lowest bona.
fide bid Dr negoti;lted propos21, the Owner shall:
.1 give: ~'rirten :l.pprov:u of ::m incre:l.Se in such fixed
limit;
.2 :;;tuthorize rebidding or renegoti::lting of the Project
"".ithin :;;t rC2Son:;;tbJe time;
.3 if the Project is :;;lb:lOdoned, termin.:l.te in :lccord:ll"lce
with P2.-::lgr:lph 8.3; or
.4 coopente in re\.ising the Project scope :and qu21ity ::lS
required to reduce the Consuuction COSt. .
5.2.5 If the Ollo'ner chooses to proceed under Cbuse 5.2.
the ArchiteCt, without :addition:l.! ch:arge, sh:lll modify the Con-
t!'::let Documents 2S necessary to comply with the fixed limit, if
csublished 2S :I condition of this Agreement. The modification
of Cootnet Documents sh::tII be the limit of the Architect's
responsibiliry wing Out of the esublishmenr of:;;t fixed limit.
The ArchiteCt sh:ill be entitled to compen5:;;ltion in :;;tceord:mce
with this Agreement for .:ill services performed "9o.hether or not
the Consuuction Ph:lse is commenced.
ARTICLE 6
USE OF ARCHITECT'S ORA WINGS,
SPECIFICATIONS AND OTHER POCUMENTS
5. ~ The Dr=~.ings. Spedficllions :.."'::! other documents pre-
p:ued by the Architect for this Project :are instruments of the
Architect's service for use ~ lloith respect to this Project.
2::.':, _..1,-,-, ot~c~'::;~ p~~'" .... _::t.x..;...g....:: ~....:a
.:.~ AU':'''''' ...,f lL~.>' ~:)C...l;";1'::ulS lI:!"le s~ reLH:::: a.:.: 12Dffimafl Is",:,
~,.du,.....) _.J othe. rcx!"'::C right=, ifH::Juai."'lg t.'1e EElf9:.fig..'":t-.
The Owner sh211 be permitted to retain copies. including repro-
dudble: copies, of the Architect's Dr:awings, Spe:dfi~tions and
other documents for inform2tion and reference in conneCtion
';J,.ith the O-v..ner's use :and OCCUp::lIlcy of the ProjeCt. The: Archi-
tect's D~llo'ings, Spedfications or other documents sh:ill nOt be
used by the Owner or others on other projects, for additions to
this Project 0: for. completion of this ProjeCt by others, '-.
.\-.~ --
-....1--....-- .....
....
~~.....-r. .--.....-.... - ....L_.es ...- l"'",--r' .
.3_~:__. :.::. t:-.. .\..._:-,:::=~. s..x.:...e:.n A5> NCI~C p,} A;:::"\~ r:..!"T
6.2 Submission or distribution of documems to meet official
regulatory requirements or for simil:or purposes in connection
~.ith the Project is not to be construed as publicatiOn in deroga-
tion of the Architect's rcsef'<.'ed rights.
ARTICLE 7
ARSITRA TJON
7.' Cl2ims, disputes or Other matters in question ber~'~n the
pmies to this Agreement :l.rising out of or relating to this .~gree.
men! or brt::lCh thereof sh2l.l be subject to and de:cided by :!fbi-
rntion in :lcCord.......lCe ~.ith the Construction Indust:)" Arbitf:i-
tion Rules of the Americ:m Arbitr:nion Associ;ltion currently in
dfect unless the parties mutu:.illy :agree otherv..ise.
7.2 Dem:lOd for :l.rbit~tion shall be filed in llo.;iting with the
other party to this Agreement .:and with the American ArbiL"':;;l-
tion AsSoci:ltion. A dem:trld for ::lrbitr.nion sh21J be m:;;tde within
:;;l rC2SoI'l.;lble time :mer the cJ:;;tim, dispute or other nuner in
question h::l.S :uisen_ In no event sh.:lll the dc:m:lOd for :!fbitr.uion
be m:;;tde mer the d:ite when institution of legal or equiubJc
proceedings b::lSCd on such cJ:;;tim, dispute or other nutter in
ques-Jon would be ~ by the :lpplic:ab!i:: SUtul=:5 of limiuLions. -
7.3 No :arbitntion :l.rising our of or relating to this Agreeme.
sh;ill indude, by eoosolid:1tion, joinder or in :any other mmner,
.:an ::lddition:l.! person or entity not . p:ury to this Agr=nent,
AlA OOCUMENT 81(1 .. Q'I:l:"NER.ARCHtTECT AGREEME.'IT" FOUll-nn<ni EDmON .. AlA- .. ~1987
TH:!: .....'-\!::RlCAN 1NSTITliTE Of AJtCHITECTS, 1735 NEv: YORK AVESUE.. N.W., WASHI\'ICTON. D.C. 20006
B141-1987 6:
(
.
exc~t by ~.ritten cor-sent conuining :a specific reference to
this _~g.reemc:nt signed by the Owner, Architect., md my otha
person or emity soug.l1t to be joined. Cons01t to :ubi~tion
iIwolving :m :additional person or entiry ~ not constitute
consalt to :arbitntion Df any d:tim, dispute or Dther m:ancr in
question not described in the ~.ritt01 consent or with 2 person
or O1tiry nOt rumed or described therein. The foregoing :agree'
m01t to :arbi~te :and other :agreements to 2tbi~te with an
:additional pcrson or entity duly consented to by the p:anics to
this Agreement sh:ill be specific:illy cnforce:2.blc in :accorcUnC%:
with 2ppliC2ble 1:a'9.' in any court h:aving jurisdiction thereof.
7.4 The 2'9.-:ard rendered by the 2tbi~tor or :arbitr:atOts sh:ill be
flnal, :and judgment m:ay be entered upon it in :accordance with
:applioble 12'9.' in :m)' Court h:aving juriSdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR A8ANDONMENT
.
8_1 This Agreement m2)' be tC;:mlln:ated by either p:uty upon
not li:SS ttun seven cbys' '9..rim:n nOtice should the other p:arry
bjl subst:u1ti:tUy to perform in :accordance with the terms of this
Agr~ent through no bult of the p:any initiating the termin2tion.
8.2 If me Project is suspended by the O'O."Iler for more th:m 30
consecutive d..;lys, the Architect shall be compens:ated for ser-
vices performed prior to notice of such suspension. V:-h01 the
Project is resumed, the Architect"s compens:ation shall be equi-
ubly :adjusred to provide for expenses incurred in the interrup-
tion md resumption of the ArchiteCt.s services.
8.3 This Agrecment m:ay be termi.n.ated by the O'O."Iler upon
not less th2n sc....cn cbys. 'O.-rinen nOtice to the ArchiteCt in the
event r..'1:at the Project is permmently 2bmdoned. If me Project
is :ab::mdoned by the Ovmer for more th:m 90 consecutive cbys,
the Architect IT".:ay termirulte this Agreement by giving written
notice.
8.4 F2ilure of the O~:ner to m:ake p:ayments to the ArchiteCt in
:accord;;nce with this Agreement shall be considered subst:u1tia.l
nonperformance 2l1d c:ause for termin2tion.
8.5 If the O'O."Iler f;tiL~ to make p:ayment 'O..hen due the Archi-
tect for serviccs 2l1d expc:n!'-es, the Architect may, upon seven
days. written notice to the O'O..ner, suspend perfoml2nce of ser-
vices under this Agreement. Unless p2:TIlCnt in full is receivc:d
by the Architect ......ithin seven days of the d:1te of the notice, the
suspension sh:aIJ uke effeCt .~.:ithout funher notice. In the event
of:l suspension of services, the Archilect shall h2ve no l.i2biliry
to the Owner for del2Y or d2m2ge C2used the O'O..ner beouse
of such suspension of services.
8.6 In the evenr of tcnnin:ation not the f:auJr of the Architcct,
the ArchiteCl sh:ill be compens:alcd for serYiccs performed prior
to termin:ation, together 'O..jth Reimburs2hle Expenses then due
;"'1d all Tennir.2tion Expenses 2S defined in P2r.1gJ.lph 8.7.
r
B2Sic 2.l1d Addition:a.l Services, 2nd include e ... which 2fe
direCtly 2ttributable to termin:atio m:ation Expenses sh:ill
be computed ;2$ :a ge of the tOtal compens2tion for
E:asic Sen... Addition:a.l Services e:a.rned to the time of tcr-
.........1.. .1
.
.1 T'9. efUr pe~ l~fH of th... tvLA~ 1..~I.Jy....I.UoAI.~01J fo. D.u~c
~n""- A rlrfitit""l.,..,.,l ~C"".;\l"'"r ~r'1.4 tQ ':"'''''t; jf t~""""'L.r""i9Cl
QCCI.It! 9d@r~ ar 9~riAg tAe prcdesigT'l, site llfl9:lysis, er
Sch....,.J.t;, D':J;gr, Flu:,...,., or
(-
.2 TeA pl!:rcGRt gf t.I:l'i tOt:l' CQ......;X...s.,'in,., for Ii:;y;ic a"d
AgG;!jtigR31 S':r"'ica: rmo::'" to (hre if tc:~~T.iQR
.......e...d! d...,;ng the D..J;gn De. depffient Pha5e, or
.3 Fi\ e pereeAt sf m. 'e~ cG'mpcn&a~gR wr Bade and
hddiaGRal Services e5H'fleB Ie elate if tel."H'til~!ion
o,-c~ dl:lMg an} !l:lbJcql:lcnt phz3c.
(
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement sh.:ill be gov-
erned by the 12w of the prindpal pl2ce of business of the
ArchiteCt.
9.2 Terms in this Agreement sh:ill h:ave the s:une mC211ing 2S
those in AlA Document A201, General Conditions of the Con.
tr:aCt for Construction, current as of the cbte of this Agreement.
9_3 Duses of 2ction berween the parties. to this Agreement
pc:n:aining to :aetS or f:illures to :ll'"t sn:lIJ be deemed to h2ve
:accrued 2.I1d the :applioble sututes of limiUtions shall com-
mence to run not l;lter th2n either the cbte of Subst:u1tial Com-
pletion for ::letS or f:illures to :aCt occurring prior to Subst:u1tial
Completion, or the cbte of issU2.I1ce of the final Cenificlte for
P3yment for acts or f:illures to 2ct occurring aner Subsum.i.:ll
Completion.
9.4 The Owner :md Architect wotive all rights 2gainSt C2ch
other 2.I1d :againSt the comr:actors, consult:u1ts, 2gents :md
employ~ of the other for d:am:ages, but. only to the extent cov-
ered by propeny insurance during construction, except such
rights :IS they m:ay h:ave to the proceeds of such insur.l11ce as set (
fonh in the edition of AlA Document A20 I, General Conditions
of the Contt:aCt for Construction, current 2S of the d:1te of this
Agr~ment. The O'O..ner :md ArchiteCt e:ach shall require simil2r
'9,-aivc:rs from their contr:actOrs, consult:ams and :agents.
9.5 The O'9,-ner md Architect, respectively, bind memseJves,
their p:tnners, successors, 2Ssigns :and legal reprcsent3tj,.es to
the other p:arty to this Agrec:ment md to the parmc:rs, succes.
sors, 2Ssigns 2nd leg:a.l rc:presenutives of such other p2J'ly v..ith
respect to all covenants of this Agreement. Neime, Owner nor
Architect shall assign this Agreement'without the uTitten con-
sent of the other.
9.6 This Agreement represents the entire and integr:ned 2gr~"
men! bet'O..cen the O'O.-ner :wd ArchiteCt and supersedes :ill
prior negotiatiOns, represenutions or 2greements, eimer 'O..rit.
ten or oral. This Agreement m2)" be :amended only by written
instrument signed by both O'O.-ner and Architect.
Sl.7 r-;othing conuined in this Agreement sh:a.ll crC2te;l contr:ac-
rual rel:ationship ....ith or 2 ouse of 2ction in f2vor of 2 third
pmy :zgainst either the O'O..nc:r or Architect.
9.8 Unless otherv.-ise provided in this Agreement, the ArchiteCt
:and AIchiteCt.s consult:u1ts sh:ill h2ve no responsibility for the
discovery, presence, h2ndling, removal or disposal of or expo-
sure of persons to h=dous m2teri2ls in :any fonn 2t the Project
site, induding but not limited to zbestos, 2SbestOS produc:-..s,
polychlorin2ted biphenyl (PCB) or other toxic subsuncc:s.
Sl.9 The: Architect shall h2ve the right to include represent:!-
tions of the design of the Project, including phoiogr:aphs of the:
exterior :and interior, =ong the Architect's promotion21 :md (
professional m:aterialS. The ArchiteCt.s m2terials shall no.t
include the Owner's confidential or proprieury inform2tion if
the Ou-ner h2S previOusly 2dvisc:d the Architect in 'O..riting of
7 8141-1987
AlA DOClJMENT B1o&' . Q'<X'NER.AROilttCT AGRZEME:>-."T . :FOORT"EEr.'TIi rom ON . AlA" . @1987
THE AMERICAN tNSTITt.J"n OF ARCHITECTS, 1735 NEV;. YORK AVENUE, N:W., WASHINGTON. D.C. z~
the spedfic inform:ation considered by the O~vne: to be conti.
denti:l.l or proprietary. The Owner sh.:ill provide prof~ioru.l
credit for the Architect on the construction sign and in the pro-
motiona[ IrulterttIs for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined ;JS the dirl:ct
s:1l2ries of the Architect's personnel eng:J.ged on thl: Project and
the portion of the cost of their mandatOty and custOmary con.
. tributions and benefits rd~ted thereto, such :IS employment
U:'Ces and other sututory employee benefits, insurancl:, sick
leave, holicbys, vac:!.tions, pensions and similar cOntributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Rl:imbursable Expenses are in addition to compensa-
tion for B:lSic 2nd Additional Services 2nd include expenses
L..curred by the Architect and Architect's employees and con-
sultants in the interest of the Project, :IS identified in the follow.
ir.g Clauses.
10.2,1.1 Expe,.se of tnnspor.:arion 'in conDection ~-ith the
Project; expenses in connection with :l.uthorized out-of.to~.'1
~ve!; 10ng.dis~'1ce communications; and fees paid for secur.
L"g approval of authorities having jurisdiction o\'er the P,oject.
10.2.1.2 Expense of reproductions, pos;::l.ge a!id handiing of
Dn...ings. Spe::ific::ltiOr'...:i a!id Other docur.lents.
10.2.1.3 If authorized in adv:l.!lce by the O~'ner, expense of
o\.ertUne ~.ork requiring higher than regul::u- r::Hes_
10.2.1.4 Expense of rende:ings. models and mock.ups requested
by the Owner_
10.2.1.5 Exp:'::1Se of additioDaI insur.:mce co\'enge or lirnits,
iDduding professional li::lbiliry insur:mce, requested by the'
Owner in excess of th:l.t normally car,ied by rhe Architect and
Architect's consultants.
10.2.1.6 Expense of compurer-aided design and dnf"Jng
equipment time when used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial p:aymenr :IS set forth in Par,ai:aPh 11.1 is the
minimum payment under this Agreement. .
10.3.2 Subsequent paymentS for Basic Services sh:ill be
montI1ly :and, where :applicble. sluIl be in proportion to ser.
vices performed within Clch phase of service, on the b:lSis set
forth in Subp:ar:agr:aph 11.2.2.
10.3.3 If:and to the extent Wt the time initi:a1lv escblished in
Subpar.agr:aph 11.5.1 of this Agreement is exceeded or e..-amded
through. no [:awt of the Arc.'litect, compensarion for my ser-
vices rendered during the addltiorull period of time sh:ill be
compured in the manner ser fonh in Subpar:agr.lph 11.3.2.
..
struction COSt and any POrtions of the Project are , i:1 Or
other>':ise nOt constructed, compensation fOr' pOrtions of
the Project sh:tll be payable ro the t se:-;ices are per.
formed on those portions, in ac ce v,,'ith the schedule se::
forth in Subpa.-agraph 11." , ased on (1) the lov".:st bom fide
bid or negotiated os;;1, or (2) if no such bid or proposal is
received, rh St recenr prdiminary estimare of Cor.s;:ruction
COSt etailed estimate of Construction COSt fOr such par.
t . t.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 P:l.yrnems on aCCOUflr of the Architec:'s A==::ior:~
Services and for Reimbursable Expenses sh:tll be <:1:::'=:: rn0nthiy
upon presentation of me .-\rchirect"s statemem of sc,ic::s re:::.
dere::! or expenses incuned.
10.5 PAYMENTS WITHHELD .
10.5.1 No deducrions shall be:: rn:l.de from the .-\rct:i::ect's ::Oc._.
pens;;.tion on account of pen:tlty. tiquid:l.ted rti!rug;:s or o[:-:e~
sums \'I:ithhdd from p:l.yments to contrac,ors, Or or: :::'CCOL!:".t 0f
the cos: of chmges in rhe \"(.ork orher than those fe: 'f,r:lch t:-,c::
Architecr has been found to be liable.
, 0.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbu:s:lble Expenses ane ex;:,e::ns:::~ ?e:.
taining ro Additional Services and services perfor;:;ed on :he
b:lSis of a multiple of Di,ect Personnel Expense sh::;l: b:: a\.;;i!.
able to the Ov".ner or the Owner.s authorized repr:::s::;.::;.::.,::: :i:
murually convenient times.
ARTICLE 11
.8ASIS OF COMPENSATION
The O~.ner sh:l!l compensate the A..rchirect :as follows:
11.1 k'i 1.'\iiTIAl. PAnIENT of Doll:us (S 0
st.::ill be made upon exe:ution of this Agreemenr and credited ro the OWDer's account at finx payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERvlCES, as described in A.rtic!e 2, and any orhe: services included in Anicle 12 :IS part of Basic Services, B;lSic
Compens;;.tion shall be computed as follo......s:
(Ir,s/!r: omis of compensation, indw:ting "ripulati'd sums, muWpl/!s Or perC/!1lUlges. wul id/!mif:: phrt$es to U'blCb pctrricu!ar nle!bOds of compe"sa!ior: apa/y. if .
1II!':/!SSOT;",)
As noted under 11.2.2.
AlA DOCUMENT 8'41 . OW:-1ER.ARC:-lITECT AGR::E~IENT' FOURTS'IT"ri EDITtON' A!....'" . (i,lt987
T;-:;: .:..:.(;:"IC......' INS7:TUl;: 01' ARC;-!17:::C7S, 1735 NEW YORK .WE:<iC:E. N.W., W.>..sHlNGTON, D.C. 20006
8141-1987 8
.
.
.
11.2.2 Wh~c:: compc:.1.S:aion is based on :I. srlpul:;;;rc::d sum or pc:::t:=ncgc:: of construction Cost, progrc:::ss p:l.ymems for B~ic SC"'-ico
in oc.'"! ph::se: sh:ill ror::.! the: following pe:-c=nogc::s of the: rool B::LSic Compe:ns:l.tion p:zy:o.bic::
(lrt$n-; ~itional phas~ as ,;ppropriate.)
Sc..'1c::;'.;.cic Dc::sign Ph:lSe:
Dc:sign Devc!opmc:1t Pluse:
CO("'.5~'"Ucdon Documents Phase:
Bidcting or Negoti:l.tion Ph:lSe:
Construe-Jon Ph2sI::
perc:e.:1.r ( %)
percent ( % )
percenr ( %)
percent ( % )
perce:1.r ( %)
one:: hundred perc:nt (100%)
See Exhibit 2
Tool B~ic Compensation:
1 1.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENT"'" TION BEYOND B,-\5IC SER "lCES, :IS dc::sc:ibd in p<h"":lgnph 3.2, compensation sh;ll be com,
pure:! as;follows:
See 11.3.2 below
11.3.2 FOR ADDITIO:\....L SERVICES OF THE: ....RCHITECT. ;L, de:;Gibed in Arricles :. :lOd 12. other th;ln (1) ....J.dltiar.:d ?roj~(,:t
R:-?r::senr..;rion, :lS described in p;l,Jgnph .3-2 :md (2) scryic::s ir:dudd in Artick 12 :lS parr of B;lSic Ser\'ice:i. bu~ c:>:cludi!\g
sen.ice:i of cansuk.LOts. campens::tion sb!l be computed :lS foEo.,:;:
(I".'~rr 1'<I.,'is "f <"I.mp"".mril"'. ill("/"dill.~ mtr!.<' a"d..-i". ,,"r1ripld "I Din!cr p,.rSl"'"t" /;"..0;:11.,.' F,r Prillt"ip,!ls "'", "lIIpl..y,.".,. (/ml ido:"!iJ). /'rill,.,!,,,I,. "",I ,.:a."i/,-
,'mph~I."''':. if r"cwir"d. Id..lltlf). ~f',,::ifh' ;t"'"I"i';".' ,,, w!';,!' ?(II.tiwhll. ",,,'b,.d; '!/ ,.'''''PO:"_'(/'!/'" tIPPI.\' if ,,,.,.,,.'..<(IITI
. .
Hourly as per Exhibit 1 unless otherwise negotiated, Work which exceeds the 14
month time period noted below will be billed as an additional service if such work
is beyond the scope of work described herein. Work which is within the scope of
work but which extends beyond the 14 mon~h period will be compensated at an
increased rate equal to the cost of living increase over the 14 month period.
11,3.3 FOR .oI..DDITION,.;l. SERVICES OF CO[\"SCLT A..'\'TS. ir.cluCing addirional srrucrud, m~chmic21 :and dectric:;,] engineeri.'1g
se:-..ices and those provided under Subp4~gr:lph 3.4.19 or identified in Article 12 as part of Additional Sc:("\'ices, a mulriple: of
ten percent (1.10 ) gmes the amounts billed to the A.~hire::t for such services.
(Idm:if:; sped/,' ryp~ of cort$::Itmt!s in .-lor-ide /2. if req::id.)
11.4 REIM3URSABLE EXPENSES
11.4.1 FOR REIMEURSABLE EXPENSES. ~ described in ?;;"-:1l1;r:;;.oh 10.2. and;J.nY other items included in Article: 12 as Re~burs;lbk:
E:qe::Se5..payments will be made t9 Architect as outlined in 'F.xnibit 1.
11.5 ADDITIONAL PROVISIONS
11.5,1 IF T.r:."'E BASIC SERVlCES cov::red by this Agreement h:lve not be::!1 completed ,,-ithin
( 14 ) months of th:: cl:w: hereof, r...'1rough no f.tult of the Arc.'1.itect. ext:::lSiOn of the Ar:::hireds se!"".ic::s beyond rh3t time sh:ill be
coop'::1Sated 2S pro..ickd in Subpan.g..~P[..5 10.3.3 :md 11.3.2.
11.5.2 P:<ymerlts are due and payable ( 30 ) days from the ote of the Arc..'titect's invoic::.
..A..!noUrm unpaid fifteen (15) days me: the invoic:: cbte :;h:l.!1 be:rr irm:rc::s;: at the L.l.te :mered belo"", or
it, r...'1.e db.sence theteof at wl.e leg:I1 ate pr::vailing from tL'!1C to time at the princip;l pb.c:: of business of the Archit::c;:.
(/tlS~r. r::::e of inreres: agreed upon.)
(l,Is::? I&:w; ar.:f. re-Jiremtmts under the FedJ!1'Cl T 1".1:;' in !.rrnding Ae:. similar Stat.. and loc:;:! r;Drt$",mer endi! U::u.-s and othr.' ~ulario~ at che O::.",,"".s a~ Ar0i'
t~'s p....nc:.oal p'd.~ of business. the loc;:t:on of the Proj..c! and ~ls/!".l..bf!1"e may cll~: the ,-a!i&!ity of this. pl'O,.!sion. Sper::fle legal <:at.,ce should be abu,mea u.ub
=P""': to dele!:O"S 0"- modific::.:iors. and also regarding l"Wl",ire7TU!"':S sud1 as u:rltttm disdosures 0" u.c".m.)
.5 ?~~~-~~-="":"
AlA OOCUMENT 6141 . OWNER.ARCHITZcr AGR':::o.M!.'IT .1'OURTZ~rl EDmON' AL"-" · ~1987
-:-< ::.'''''':-,'c' ',,~"':7'..-r::: OF "RC-,,,::'::-;-3 1735 ~r:::-::;-'(<::~$ .~,~. N.'r.. W,'.S'i-!rSC,Qr;". D.C. 2ac06
C,',
.:...::..... .
. .
. r:.-......:.;.~.,:.-..: :..::..,.....<:......::' .,.
11.S-S The atcS :md multiples set forth for Addition:d Savic:s sh:ill. be mnwlly ;2.dJusted. in ;2.ccard:mc: with .o.arIml S2luy review
pccrices of the: Architect. .. '. . .
ARTICLE 12
OTHEn CONCmONS OR SERVICES
.
(1ns~ =r::riptlans 01 otbn" S".,,;US. idmUify ..tdditumal srr:.-iar iru:1uJkd witbin ~ Ccmrprn=ion and mo&j=tt)1'I.f to tb. p~ and romfW7=iDrr tD-m;
~ in tbis~)
See attached Article 12
.
..
This Agreement ~tered into as of the illY and yc::ar first .....rirren above.
(Signature)
(Sigr.cuWV)
O'lI7!';ER
. A..'{CHmCT
City of Dublin
(PrirzUd =e t:nd title)
.
AlA DOC1JMENT a141 . OWNEll..ARCR~cr AC~err. FO\.jil.TIEfTrl EDmaN. JJA" · ~1987
C:-':;: .I_'<I211:.\1'! rn~ Of .\..!l.CHI7ECTS. 1735 N'EWyalt.'C.AVENt.."E,N.W.. WA5Hn'{GTO~.D.C.2lJ!106
8141-1987 10
.
.
.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
12.1
Architect shall indemnify, defend and save Owner, its agents, officers and
employees harmless from and against any and all liability, claims, suits, actions,
damages and/or causes of action, arising during the term of this agreement out
of any personal injury, bodily injury, loss of life or damage to property, violation of
any federal, state or municipal law or ordinance or other cause in connection with
the activities of Architect, its employees or agents or on account of the
pertormance or character of the work to the extent caused by negligence through
either acts, errors or omissions of the Architect. Approval of the insurance
coverage does not relieve the Architect of liability under this indemnification
clause.
12.2
Insurance.
12.2.1 Worker's Compensation. Architect, at its own cost and expense shall carry and
maintain Statutory Worker's Compensation Insurance and Employer's Liability
with limits not less than One Million Dollars ($1,000,000) with an insurance
carrier satisfactory to Owner.
12.2.2 General and Automobile Liability. Architect at its own cost ~nd expense shall
maintain liability insurance for the period covered by this agreement in an
amount not less than One Million Dollars ($1,000,000) per occurrence combined
single limit coverage. Such coverage shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury, including death
resulting therefrom, and damage to property resulting from activities
contemplated under this agreement, use of owned and non-owned automobiles.
Such insurances shall be with insurers and under forms of policies satisfactory in
all respects to the Owner and shall provide that notice must be given to Owner
thirty (30) days prior to cancellation or material change. The following
endorsements shall be attached to the policy:
(a) Policy shall cover on an occurrence basis.
(b) Policy must cover personal injuries as well as bodily injuries. Exclusion of
contractual liability must be eliminated from personal injury endorsement.
(c) Policy must cover contractual liability by amending the definition of
"incidental contract" to include any written contract.
(d)
Owner, its officers, agents and employees shall be named as Additional
Insureds, and the policy shall stipulate that this insurance will operate as
Primary Insurance and that no other insurance effected by the Owner will
be called upon to contribute to a loss suffered by Consultant hereunder.
II
ARTICLE 12
OTHER CONDITIONS OR SERVICES
Page 2
12.2.3 Professional Liability. Architect at his own cost and expense shall maintain
professional liability insurance for the period covered by this agreement in an .
amount not less than Five Hundred Thousand Dollars ($500,000) covering errors
and omissions. Policy will cover on an occurrence basis.
12.3 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 unless
Architect specifically requests in writing that it be withheld. 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 in any of
their publications.
12.4 The intent of this contract is that all Architectural and Engineering services
normally associated with and needed to complete the Dublin Civic Center and
Police Facility Remodel are included herein. Specifically, these services include
Architectural, Landscape Architecture (Performance Specification only),
Structural, Mechanical, Electrical and Civil Engineering; interior design including
selection of all interior finishes and the services of a cost consultant. Services
not included as part of this work include Soils Engineering, Testing Engineering .
during construction and furniture selection and ordering. While Soils and Testing
services are typically provided for by the Owner, furniture selection and ordering
can be performed by the Architect, if so desired, as an Additional Service. Also,
not included are consultant services relative to the selection of a phone system
or any new security electronic functions. Architect will provide a phasing plan
and upon Owner approval incorporate such into the Contract Documents.
12.5 In regard to the Architect's responsibilities in the field relating to aesthetic
decisions, it is understood that such decisions as those made in the field in
regard to materials, textures, etc., are made relative to decisions needed by the
Contractor and are not made on major items without prior approval of the Owner.
For example, it is understood that all major color selections will be approved by
the Owner prior to construction and that such colors will be mounted on a color
selection board.
12.6 Shop Drawings
Shop drawings consistent 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 only if authorized by the Owner .
and with the understanding that the Architect's time will be compensated as an
Additional Service. Owner will notify Contractor that any "cost-saving"
alternatives submitted to the Architect must include a breakdown of the cost
savings, including Architect's time for reviewing and processing the alternative.
I:;'"
.
.
.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
Page 3
12.7 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 judgment 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
that which is explicit in this Agreement; or
4. An assumption by the Architect of the liabilities of any other party.
12.8 Litigation Expenses
A. If either party hereby shall bring an action against the other by reason of
the breach of any covenant, term or obligation hereof, or otherwise arising
out of this Agreement, the prevailing party in such suit shall be entitled to
its costs of suit and reasonable attorney's fees which shall be payable
whether or not such action is prosecuted to judgment.
B.
Owner agrees that in no instance shall Architect be responsible, in total or
in part, for the errors or omissions of any other Design Professional whose
work is not covered under this contract (Designers, Architects, Planners,
Engineers, Contractor, Subcontractor or any other party).
C. Owner agrees that Architect shall not be responsible for the means,
methods, procedures, performance or safety of the Construction
Contractors or Subcontractors or for their errors or omissions.
12.9 Right to Discontinue Work
1. Payments due the Architect and unpaid 60 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 unless reasonable written
explanation is provided by Owner as to the reasons for non-payment and
proper assurance given that such payment will be receive.
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.
,"!J
ARTICLE 12
OTHER CONDITIONS OR SERVICES
Page 4
12.10 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.
.
12.11 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, underpinning, temporary
retainment or excavations and any erection methods and bracing.
12.12 Elaborate presentation models, other than in-house models which the Architect
prepares in the course of studying various design conditions, or presentation
drawings that require professional model makers or renderers are Additional
Services.
12.13 The following outlines but does not limit the responsibility of Architect, Owner,
and Contractor during Construction Administration:
TASK Architect Owner Contractor .
1. Clarify, Interpret Documents X
2. Prepare, Issue Field Orders X
3. Change Order Recommendations X
4. Prepare and Issue Change Orders X
5. Submit Shop Drawings and Samples for X
Review
6. Review Submittals X X
7. Establish Construction Schedule X
8. Cost Estimating (during construction) X
9. Site Observations X X X
10. Project Safety X
11. Site Insurance X X
12. Agency Inspections, Test/Reports X X
13. Project Meeting Notes X
14. Review Progress Payments X X
15. Submit Manuals of Guarantees, Instructions
and Maintenance Schedules X
16. Review Manuals of Guarantees, Instructions
and Maintenance Schedules X X
17. Substantial Completion Punch List X X X .
18. Final Review X X X
19. Certify Substantial Completion X X
20. Prepare AS-BUILT Drawings X
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ARTICLE 12 ... - ---
OTHER CONDITIONS OR SERVICES
Page 5
12.14 Construction Administration as defined herein is calculated upon an 8-month
construction period. Architect agrees to continue to provide construction
administration for an additional two months at no additional cost if delays are due
to weather an/or unforeseen conditions. Time delays beyond 8 months plus up
to two months as described above will be compensated for as Additional
Services.
12.15 Reimbursable Expenses
See Exhibit 1
12.16 In regard to all major aesthetic requirements and decisions such as the selection,
color and texture of the key exterior and interior finishes, the Architect will obtain
the Owner's approval in the form of a final color board. One copy of this board
will be kept at the Owner's on-site location, the other at the Architect's office. In
addition, the Architect will call out in the specification, as outlined in Section
2.4.1, for a mock-up of the key interior elements to be constructed on the site.
This mock-up will need to be approved by b.Q1h Owner and Architect. After
approval of the above-noted boards and mock-ups, the Architect's design on the
Contractor's application of these colors, finishes and workmanship will be solely
the responsibility of the Architect. In such cases where the Contractor or the
Owner's full-time site representative may have questions regarding these
applications, they will request the Architect to visit the site to render a judgment.
In normal situations any decision by the Architect will be given directly to the
Owner's full-time representative, who will in turn inform the Contractor.
12.17 It is understood by Owner and Architect that Owner may wish to use portions of
the Architect's drawings for additions or alternations to the completed structure.
Owner has the right to do so as long as any duplication of the drawings which
involve modifications to the drawings IlQt made by the Architect, will remove
Architect's title block, name, address, license number, signature and any other
identifying marks from the drawings. Architect will not be held responsible for
changes made to the drawings without his written consent.
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EXHIBIT 1
DUBLIN CIVIC CENTER - EXPANSION
HOURLY RATES AND REIMBURSABLE
HOURLY RATES as of January 1. 199B
Principal*'
Senior Associates*'
Construction Administrator
Project Architect*'
Job Captain*'
Intermediate Architect*'
Junior Architect
Draftsman
Clerical
$120/hour
$ 95/hour
$ BO/hour
$ BO/hour
$ BO/hour
$ 65/hour
$ 50/hour
$ 40/hour
$ 35/hour
*' Licensed Architect
REIMBURSABLES*':
Projected reimbursable expenses from the architect and consultants for the
Civic Center expansion and remodel include the following:
ARCH COST STRUCT SPECS MECH & CIVIL
EST. ELECT
Reimbursables $6,000 $250 $150 $500 $250
TOTAL
LAND
$250
$7,400
*' Does not include bid or contractor sets of blueprints - estimated cost $5,000
Reimbursables will be billed as used on the Civic Center project under the
following schedule:
Printing: In-house
24X36
30X42
$1.15/copy
$1.73/copy
1.15% of invoice
$ .17 each
$1.15 each
$ .35/mile
1.15% of invoice
Printing: Out of house
In-house photocopies
Fax copies
Travel
All other reimbursables
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EXHIBIT 2
DUBLIN CIVIC CENTER M EXPANSION FEE PROPOSAL
Fee breakdown-
Arch Cost Stroct Specs Mech & Civil. Lands Total
Est. Electrical +
Des. 120 Hrs 0 $1,750 $1,000 $6,300 $2,000 $950 $21,000
Devel @ $75=
$9,000
Cosnt. 400 Hrs $2,500 $5,500 $5,000 $7,200 $5,000 0 $55,200
DOGum. @ $75=
$30,000
Bidding 20 Hrs 0 0 0 $900 0 0 $2,400
@ $75=
$1,500
Const. 240 Hrs 0 $1,000 0 $3,600 $500 0 $23,100
Admin. @75=
$18,000
Subtotal $58,500 $2,500 $8,250 $6,000 $18,000 $7,500 $950 $101,700
...
Does not include topographic survey - estimated cost $2,800
Design/Build performance specification only
Does not include soils report or testing during construction-also does not
include bid documents for furniture
+
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The total architectural and engineering fee of $101,700 to be paid by Owner to
Architect shall be paid as per the terms of section 10.3.
;1
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
.-
From Unappropriated Reserves From Budgeted Contingent Reserve (] 080-799.000)
Within Same Department Activity
_L- From New Revenues Between Departments (City Council Approval Required)
Other
E1HDE-blam"SElRtIDGEltfU_tfititt1Urrw:,,:::trm(1fJNltWpl@[:':ltNClUtBlUBUDGl<A1t.COUNXw;rlt'mIftWMtiUNitfIf:r:
....,.,.,.,.,', ..---.....----..... .-.-.-.........-.-.-.":..-..: ....:.:-....:-.-.-.-:-.-.-...-..............,..........'.',.,.......,.,.....,...,.,,',... .... ...':-:-:..-:-:..-........................,.,...,.....,.....,.,.......,.....,.,.",.,.,.,...... ...-...-.........-.-..,...........,.,.,...........,...'.-...-..... ___n_...__....... ...................-.................'......,...,.,.......,.,.,.,.,.,............ ................,.....,.,.,.......,.
.................... uu__..__......... ...............,. ...." ,...,.
Name: Name: Public Facility Fee Fund-Civic Center
Mod. Design -Construction Bid Plans
$15,000
Account #: Account #: 3] 0-939]-740-078
Name: Name:
Account #: Account #:
Name: Name: REVENUE: Public Facility Fee Fund
Reimbursements- General
$]5,000
Account #: Account #:3 ] 0-1000-570-005
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #: .
Name: Name:
Account #: Account #:
REASON FOR BUDGET CHANGE ENTRY: The preliminary conceptual design of Civic Center
modifications is now complete and the City Council has approved an agreement for architectural services to
proceed with the preparation of full design documents to allow for contract bidding and construction of the
Civic Center modifications. This budget change will accommodate the estimated scope of services to be
performed in the remainder of Fiscal Year 1997/98.
City Manager:
Date:
Signature
tl1~;,:~;my"g6ullsil11~'9!i~g6.f#:', Date :::51'5/98 '
Mayor:
Date:
.
Signature
-
Posted By:
Date:;
Signature
Jnrmslbwf1JC1u,g
EXHIBIT 2
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