HomeMy WebLinkAbout4.11 FireStations17&18Agmt CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 16, 2001
SUBJECT:
Consultant Services for Fire Stations 17 & 18
Report prepared by: Herma Lichtenstein,
Development Manager
Parks & Facilities
ATTACHMENTS:
1. Consultant Services Agreement
RECOMMENDATION:~<~N1'2/~7 ^11 Approve Agreement
Authorize Mayor to execute Agreement
FINANCIAL STATEMENT: The proPosed fee for services is $771,250. Sufficient funds are
available in the Fiscal-Year 2001-2002 Budget to execute the
Agreement.
DESCRIPTION: In June of 1999 the Cities of San Leandro, Dublin and the County of
Alameda developed a program and prototype design for several new fire stations within the three
jurisdictions served by the Alameda County Fire Department. The Fire Station prototype program defines
general building and site requirements for new facilities including two proposed locations in Eastern
Dublin. In March of 2000 City Council approved the prototype and directed staff to begin the process of
acquiring land for the Eastern Dublin fire stations and contracting with Consultants.
The two proposed fire stations will be located on Madigan Rd. (Station 17) near Emerald Glen Park and
on Fallon Rd (Station 18) within the area of the proposed 68 acre sports park. Station 17 will be designed
by BSA and constructed by the City. Station 18 will :be designed by BSA and constructed by Dublin
Ranch Acquisitions, LLC, the Developer through a separate improvement agreement, as required by the
conditions of approval for Tentative Map 7135.
Staff and the Alameda County Fire Department revieWed proposals from CJW Architects and. BSA
Architects to prepare design and construction documents for the two fire stations. It is recommended that
the City Council select BSA Architects to provide Architectural Services for both Stations.
Further, the proposed Fire Station Prototype has been reviewed by representative of Alameda County
Waste Management Authority for compliance with Green Building Guidelines. They have provided
preliminary recommendations for building materials and energy efficiency. These recommendations will
be incorporated into the design of the new buildings wherever possible.
CONSULTANT SERVICES AGREEMENT
The proposed Consultant Services Agreement is shown in Attachment 1.
work under the Agreement is shown below.
A summary of the scope of
fire St contract (3).doc
COPIES TO:
BSA/Alameda County Fire/Martin Interbitzen Jl ~i~
ITEM NO.
SCHEMATIC DESIGN PHASE
Phase I: Program Review and Site Assessment
Project Kickoff Meeting
The Architect will convene a kick-off meeting, attended by key participants. The group will review and
confirm the Project schedule. Initial assignments will be identified and communication lines will be
established among Project participants. The meeting will include; Initial Site Tour, Meeting Schedule,
Review Existing Studies, Review City's Guidelines Project Budget and Schedule.
Program Review and Site Assessment
The Architect will review all existing documents and pertinent information regarding the Fire Station
Prototype, existing site conditions and City and County Fire Department requirements.
Phase II: Conceptual Alternatives
Conceptual Plan Configuration
The Architect will look at the previous plans prepared for the City of San Leandro and work with the
City and Fire Department to confirm plan design and make minor refinements as required.
Develop Exterior Altematives
The Architect will create two (2) exterior alternatives for each site along with one (1) revision if required
and a story-board which incorporates the surrounding architectural features if appropriate.
Review with City Staff
The Architect will meet with the City and Fire Department to review these design options, discuss them
and decide on the preferred direction for further study.
Present Options
The Architect will prepare presentation drawings of the two preferred alternatives including elevations
and diagrammatic floor plans.
Project Cost Estimate
The Architect will do a conceptual construction and overall Project cost estimate at this phase, and will
review it with construction and cost consultants. Overall Project costs include construction, fees and
permits, fumishings and equipment, and contingencies.
Present to City Council
The Architect will present these materials to the City Council for its review and input. The goal is that
the Council will make a recommendatiOn as to the preferred option.
Based on the mutually agreed-upon program, schedule and construction budget requirements, the
Architect shall prepare, for approval by the City, Schematic Design Documents consisting of the
following:
a. Code search on the building, including meeting with representatives of the Community
Development, Public Works and Fire Departments to determine relevant code requirements. ·
b. Site Plans
c. Landscape Plans
d. Schematic Grading, Drainage and Utility Plans
e. Floor Plans
f. Exterior Elevations
g. Building Sections
h. Preliminary Engineering diagrams and System Descriptions.
i. Exterior Materials Board
j. Outline Specifications
DESIGN DEVELOPMENT PHASE
Based on the approved Schematic Design Documents and any adjustments authorized by the City in the
program, schedule or construction budget, the Architect shall prepare, for approval by the City Council,
Design Development Documents consisting of the following drawings and other documents;
architectural, structural, mechanical and electrical systems, materials and other elements as may be
appropriate or necessary to enter the construction document phase.
The Architect will submit a more comprehensive Design Development estimate of Construction Cost
based on current area, materials volume or other unit costs. In preparing the Design Development
Documents the Architect will incorporate value engineering recommendations if appropriate.
CONSTRUCTION DOCUMENTS PHASE
Based on the approved Design Development Documents the Architect shall prepare Construction
Documents consisting of Drawings and Specifications. These will include final furnishing and equipment
selections, final.phasing plan, and stmctural and energy calculations required by the local building
authority.
The Architect will present any adjustments to previous preliminary estimates of Construction Cost
indicated by changes in requirements or general market conditions. This will include a polling of current
market conditions in the specific project area at approximately 50% completion of the constmction
documents and at 90% of Project constmction documents.
BIDDING OR NEGOTIATION PHASE
The Architect will assist in obtaining bids or negotiated proposals and in awarding and preparing
contracts for construction. The scope includes the preparation of addenda, which will be issued.
CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT
The Architect will provide basic services for the Construction Phase with the award of the Contract for
Construction and through sixty days after substantial completion of the Project.
SUB-CONSULTANTS
¸a.
g.
h.
i.
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k.
Structural Engineering:
Mechanical Engineering:
Electrical Engineering:
Specifications:
Cost Estimating:
Landscape Architecture:
Civil Engineering:
Acoustical Consulting:
Signage and Graphics:
Energy Analysis:
Interiors:
DASSE
Mechanical Design Studio
O'Mahony & Myer
Topflight Specs
Davis Langdon Adamson
Carducci Associates
Kier & Wright
Charles Salter & Associates
Donnelly Design
BEC Consulting
BSA Architects
It is anticipated that the Construction Documents will be completed for bid within nine months
followed by a twelve-month construction schedule for the building.
The Architect will segregate its costs for Station 17 and Station 18 to allow for proper accounting of
the two stations given that Station 18 will be constructed by Dublin Ranch Acquisitions, LLC.
AGREEMENT made as of the 16thday of October in the year of Two Thousand and
One.
BETWEEN the Owner:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
And the Architect:
BSA Architects
A California Corporation
350 Pacific Avenue, 3rd floor
San Francisco, CA 94'111
(together the Owner and Architect are the "Parties")
For the following Project:
Two new Fire Stations, to be located within the City of Dublin. The buildings will be
approximately 11,500 square feet and 8,000 square feet in size. Fire Station #17
(approximately 11,500 square feet) will be constructed by Owner. Fire Station #18
(approximately 8,000 square feet) will be constructed by DR Acquisitions, LLC, the
developer of Dublin Ranch Area A, pursuant to conditions of approval of Master
Tentative Map 7135 for Dublin Ranch Area A, in accordance with the construction
documents prepared pursuant to this Agreement. Both Fire Station buildings will be
designed and constructed so as to integrate with and relate to each other and the
surrounding buildings. It is anticipated that both stations will be designed and
constructed during the same time frame.
The Owner and Architect agree as set forth below.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1.
ARCHITECT'S RESPONSIBILITIES
1.0. ARCHITECT'S SERVICES
1.0.1. The Architect's services consist of those services performed by the
Architect, Architect's employees and Architect's consultants as enumerated in
Articles 2 and 3 of this Agreement and any other services included in Article 12.
1.0.2. The. Architect's services shall be performed as expeditiously as is
consistent with professional skill and care and the ordedy progress of the Work.
1.0.3. This Agreement is based on a schedule for performance of the Architects
design services to be completed .for bid in ten months. The schedule includes
allowances for periods of time required for the Owner and by consent of the
owner; input from Alameda County Fire Department and DR Acquisitions, LLC to
Agreement Between Dublin
and Architect - Fire Stations
Page 1 of 28
October 16, 2001
review and approve submissions by the Architect. The Architect shall completely
perform each service identified in the schedule prior to the completion date
therein. If completion of a portion or if the entire Project is delayed as a result of
the Owner or other reviewing entity taking more time to review and approve a
complete submission by the Architect than the amount of time provided in the
schedule for such review and approval, then the completion date for that portion
or the entire Project, and the completion date for any service that cannot be
commenced or completed until said service is completed, shall be extended by
the number of days in excess of that provided in the schedule that the Owner or
other reviewing entity took to review and approve the submission. In addition, if
completion of a service or of the entire Project is delayed for other reasons
through no fault of the Architect, the completion date for that service or the entire
project, and the completion date for any service that cannot be commenced or
completed until said service is completed, shall be extended by the number of
days caused by the delay.
1.0.4. Architect shall not be compensated for any basic services which are not
completed by completion dates Set forth in the schedule for the Project.
ARTICLE 2. SCOPE OF ARCHITECT'S BASIC SERVICES
2.0. GENERAL
2.0.1. The Architect's Basic Services consist of those described in Paragraphs
2.1 through 2.5 and any other services identified in Article 12 as part of
Basic Services, and include normal engineering services.
2.1 SCHEMATIC DESIGN PHASE
2.1.1. Phase I: Site Assessment.
a. Project Initiation. The Architect will initiate the Project, and set up a
system for documenting the Project and organizing communication.
(i) Project Kickoff Meeting. The Architect will convene a kick-off
meeting, attended by key participants including representatives
from Alameda County Fire Department and DR Acquisitions, LLC..
The group will review and confirm the Project schedule. Initial
assignments will be identified-and communication lines will be
established among Project participants. Minutes will be kePt and
distributed.
(ii) Initial Site Tour. The Architect, representatives of the
Owner, representatives of the Alameda County Fire Department
and DR Acquisitions LLC will tour sites 17 and 18 to introduce the
Architect to key issues and problems.
Agreement Between Dublin
and Architect - Fire Stations
Page 2 of 28
October 16, 2001
(iii) Meeting Schedule. The Architect will share with the key
Project participants an initial list of interviews and meetings to be
scheduled.
Based on the information gathered in this Project initiation stage the
Architect shall prepare an updated Project schedule, list of interviews and
meetings, directory of Project participants and minutes of the Project
kickoff and distribute these materials to Project participants.
(i) Review Existing Studies. The ArChitect will gather and
review any existing studies, reports or planning documents
regarding the services and operations of the proposed Fire Stations
to become familiar with any previous planning efforts and goals and
objectives.
(ii) Review City's Guidelines. The Architect will, at this early
stage, meet with the City's Planning Staff, so that .the Architect can
learn of any other zoning or environmental constraints on the site.
The Architect will look at maximum footprint, setback, FAR and
height restrictions.
b. Project Budget and Schedule.
(i) Establish a Firm Schedule and Budget. The Architect Will
meet with representatives of the City County Fire Department and
DR Acquisitions LLC to establish a firm schedule and budget for the
Project. Information the Architect gathers in that meeting will help
guide later portions of work. The Architect will draw upon the initial
Fire Station Prototype report, augmented by additional information
from the Architect's cost estimator to set up a working budget
document that takes into account anticipated costs for construction,
fees and permits, constructiOn management, tests and inspections,
furnishings and equipment, and change order contingencies.
(ii) Based on the information, the Architect will provide
the City. a preliminary budget memo and a schedule document.
2.1.2 Phase I1: Conceptual Alternatives
(i) Conceptual Plan Configuration. The Architect will look at the
previous plans prepared for the City of San Leandro and work with the
Owner, representatives of the Alameda County Fire Department and DR
Acquisitions LLC to confirm plan design and make minor refinements as
required
Agreement Between Dublin
and Architect - Fire Stations
Page 3 of 28
October 16, 2001
(ii) Develop Exterior Alternatives. The Architect will create two (2)
exterior alternatives for each site along with one (1) revision if required by
Owner and a story board which incorporates the surrounding architectural
features if appropriate.
(iii) Review with Owner. The Architect will meet with the Owner,
representatives of the Alameda County Fide Department and DR
Acquisitions, LLC, to review these design options and receive input from
the Owner, representatives of the Alameda County Fire Department and
DR Acquisitions, LLC. Based upon the above input, Owner will then
decide on the preferred direction for further study.
(iv) Presentation Drawings. The Architect will prepare presentation
drawings of the two preferred alternatives for Stations 17 and 18 including
elevations and diagrammatic floor plans.
(v) Project Cost Estimate: The Architect will do a conceptual
Construction and overall Project cost estimate at this phase, and will
review it with construction and cost consultants including a review by DR
Acquisitions LLC cost estimator. Overall Project costs include
construction, fees and permits, furnishings and equipment, and
contingencies.
(vi) Present to City Council. The Architect will present these materials
to the City Council for its review and input.. The goal is that the Council
will make a recommendation as to the preferred option.
2.1.3. Based on the mutually agreed-upon program, schedule and construction
budget requirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of the following:
a. Code search on the building, including meeting with representatives
of the Community Development Department, Public Works Department
and Fire Department to determine relevant code requirements.
Site Plans
Landscape Plans
Schematic Grading, Drainage and Utility Plans
Floor Plans
Exterior Elevations
Building Sections
Preliminary Engineering diagrams and System Descriptions.
Exterior Materials Board
Outline Specifications
Agreement Between Dublin
and Architect - Fire Stations
Page 4 of 28
October 16, 2001
2.2,
2.1.4. The Architect shall submit to the Owner a preliminary estimate of
Construction Cost based on current area, volume, materials and/or other unit
costs.
2.1.5. The work required in this phase will include a maximum of four meetings.
DESIGN DEVELOPMENT PHASE
2.2.1. Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the schedule or construction budget, the
Architect shall prepare, for approval by the Owner, Design Development
Documents consisting of-the following drawings and other documents to fix and
describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be
appropriate or necessary to enter the construction document phase. In preparing
the Design Development Documents the Architect shall incorporate value
engineering recommendations from the Owner's Construction Manager. The
Architect shall coordinate and review design concepts with City maintenance
personnel.
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q.
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Building Code Analysis
Site Layout Plans
Landscape and Preliminary Irrigation and Planting Plans
Grading, Drainage and Utility Plans
Representative Site Details
Floor Plans
Roof Plan
Exterior Elevations
Building Sections
Representative Wall Sections and Related Details
Selected Intedor Elevations and Enlarged Plans
Reflected Ceiling Plans
Preliminary Door, Window and Finish Schedules
Structural Plans and Sections and Typical Details
Mechanical and Electrical Layouts
Outline Specifications
Lighting cutsheets
Access and Egress Plans
2.2.2. The Architect shall submit to the Owner a more comprehensive Design
Development cost estimate based on current area, materials volume or other unit
costs. The preliminary cost estimate referred to in this paragraph and any
adjustments thereto shall indicate, in a level of detail satisfactory to the Owner,
the cost of each category or work involved in constructing the Project and shall
include an estimate of the period of time required from the commencement to the
Agreement Between Dublin
and Architect - Fire Stations
Page 5 of 28
October 16, 2001
2,3,
completion of construction of the Project. The Architect shall provide separate
construction cost eStimates for each of the two fire stations.
2.2.3. The work of this phase shall include a maximum of four meetings. The
four meetings shall include a meeting with appropriate representatives of the City
of Dublin or county agencies to whom the documents will be submitted for plan
check and permits and a presentation to the City Council at which the Architect
will present the estimate of Construction Costs as required by subparagraph
2.2.2.
2.2.4. The Architect shall advise the Owner of any need or advisability of the
Owner's securing any tests, analyses, studies, reports, or consultant's services in
connection with the development of the design and construction documents for
the Project and which of the two fire station requires such tests, analyses,
studies, reports or consultant's services.
CONSTRUCTION DOCUMENTS PHASE
2.3.1. Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Technical Specifications
setting forth in detail the requirements for the construction of the Project,
including final furnishing and equipment selections .and structural and energy
calculations required by the local building authority. Said Construction
Documents, Drawings and Specifications shall incorporate a cost estimate at
50% completion based on a polling of current market conditions in the specific
project area. Should cost be in excess of 15% of the design development
estimate, Architect shall incorporate value engineering recommendations as
approved by the Owner.
2.3.2. The Architect shall coordinate the technical specifications with the bidding
requirements, contract requirements and general conditions for both station 17
and 18. The Architect's scope of services shall be limited to technical
coordination and shall no[ include legal advice or insurance matters.
2.3.3. Construction drawings and specifications, or other construction documents
or contract documents submitted for approval or to any contractors for bidding or
negotiation shall be prepared to the standard of professional care and in
compliance with all applicable codes, ordinances, statutes, regulations and laws,
except to the extent expressly and specifically otherwise stated in detail in writing
by Architect at the time of such submission. By submitting the same for
construction contract purposes, Architect certifies that Architect has identified any
test, studies, analyses or reports which are necessary or advisable to be
performed at that point in time. Architect shall additionally confirm these facts in
writing at such time.
Agreement Between Dublin
and Architect - Fire Stations
Page 6 of 28
October 16, 2001
2.4,
2.5,
2.3.4. Upon completion of this portion of the work the Architect, through the
Owner will make available a complete set of reproducible construction drawings
and specifications for Station 18 to' DR Acquisitions, LLC. These drawings will be
bid separately from Station 17.
2.3.5. The Architect shall advise the Owner of any adjustments to estimates of
Construction Cost for Station 17 indicated by changes in requirements or general .
market conditions. The Architect shall submit to the Owner updated estimates of
Construction costs for station 17 only upon completion of the 90% construction
set to be the basis for the engineers estimate.
2.3.6. The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents for Station 17 required for the approval of
governmental authorities having jurisdiction over the Project. However, the
Owner is responsible for the payment of any costs related to the filing and
processing of said documents.
2.3.7. The work of this phase shall include a maximum of four meetings.
BIDDING OR NEGOTIATION PHASE
2.4.1. The Architect, following the approval of the Construction Documents and
of the latest preliminary estimate of Construction Cost, shall assist in the bid
process for both Fire Stations. The scope of services includes the preparation of
addenda which will be issued by the Construction Manager.
2.4.2. Architect shall provide the Owner a complete plot set of electronic drawing
files and black and white 8¼ inch by 11 inch Project specifications for both fire
stations. Architect shall also provide the City with an electronic ACAD current
version of the plan set drawings and an MS Word version of Project
specifications. The City will use the electronic plan set drawings and Project
specifications only for record documentation.
CONSTRUCTION pHASE-ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.5.1. It is anticipated that Station 17 and 18 will be built and constructed by
separate parties (Station 17 by the City of Dublin, Station 18 by DR Acquisitions,
LLC.) The Architect will provide full construction administration services as set
forth under 2.5.3 for Station 17. For Station 18 the Architect's services shall be
limited to those items specifically set forth in this Section 2.5, Construction Phase
Administration of the Construction Contract.
2.5.2. The Architect's responsibility to provide basic services for the Construction
Phase under this Agreement commences with the Notice to Proceed for
Agreement Between Dublin
and Architect - Fire Stations
Page 7 of 28
October 16, 2001
Construction and terminates sixty (60) days after substantial completion of
construction for both Station 17 and 18. "Substantial completion" as used in this
paragraph shall mean the stage in the process of the Work when the Work or
designated portion thereof is sufficiently complete-in accordance with the
Construction Documents so the Owner can occupy, accept or utilize the Work for
its intended use.
2.5.3. The Architect shall provide administration of the Construction Contract as
set forth in AIA Document A2.01, General Conditions of the Contract for
Construction (1987 Edition), together with, and as amended by the Owner's
supplementary general conditions and other documents included or incorporated
into the Construction contract.
2.5.4. The duties, responsibilities and limitations of authority of the Architect may
be reasonably restricted, mOdified or extended by the Owner after the date of this
Agreement, and if they are substantially restricted, modified or extended without
written agreement of the Owner and Architect, then Architect's compensation
shall not be equitably adjusted.
2.5.5. Should the Architect's duties and responsibilities and limitations of
authority for Station 18 be modified or extended beyond the date of this
agreement the Architect shall not be obligated to perform the work unless
additional compensation can be negotiated by the City with DR Acquisitions,
LLC.
2.5.6. The Architect, with the concurrence of the Construction Manager, shall
generally oversee and review the Work for both Stations. The Architect, with the
approval of the Construction Manager, in each case, shall oversee the Contractor
with regard to matters set forth in the Drawings and Specifications. In addition to
any specific responsibilities assigned elsewhere in the Contract Documents, the
Construction Manager shall decide any and all questions which may arise as to
the rate of progress of the Work. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in this Agreement.
2.5.7. The Architect shall visit sites for Stations 17 and 18 once every week to
become generally familiar with the progress and quality of the Work completed
and to determine in general if the Work is being performed in a manner indicating
that the Work when completed will be in accordance with the Contract
Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site observations as an Architect. The Architect shall keep the
Owner informed of the progress and quality of the Work and shall endeavor to
guard the Owner against defects and deficiencies in the Work. The Architect
shall issue written reports of such reviews and shall conduct additional reviews
as an additional service hereunder at any other time requested by the Owner.
Agreement Between Dublin
and Architect - Fire Stations
Page 8 of 28
October 16, 2001
2.5.8. The Architect shall not have control over or charge of and shall not be
responsible for construction means, methodS, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work.
The Architect shall not be responsible for the Contractor's schedules or failure to
carry out the Work in accordance with the Contract Documents. The Architect
shall not have control over or charge of acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing
portions of the Work.
2.5.9. The Architect shall have reasonable access to the Work wherever it is in
preparation or progress.
2.5.10. Except as may otherwise be provided in the Contract Documents or
when direct communications have been specially authorized, the Owner and
Contractor shall communicate through the Architect and the Construction
Manager. The Owner may consult with the Architect regarding the selection and
performance of the Construction Manager. Communications by and with the
Architect's consultants shall be through the Architect.
2.5.11. The Architect and Construction Manager shall jointly review Contractor's
Applications for Payment for Stations 17 and 18. The Construction Manager
shall have the sole authority to certify and authorize payment of the amounts due
the Contractor.
2.5.12. The Architect's review for payment shall constitute a representation to the
Owner, based on the Architect's observations at the site as provided in
Subparagraph 2.5.7 and on the data comprising the Contractor's Application for
Payment, that the Work has progressed to the point indicated and that, to the
best of the Architect's knowledge, information and belief, quality of. the Work is in
accordance with the Contract Documents. The foregoing representations are
subject to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to
completion and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment shall further constitute a representation that
the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) ascertained
how or for what purpose the Contractor has used money previously paid on
account of the Contract Sum.
Agreement Between Dublin
and Architect - Fire Stations
Page 9 of 28
October 16, 2001
2.5.13. The Architect shall notify the City regarding any Work which does not
conform to the Contract Documents for both Station 17 and 18. Whenever the
Architect considers it necessary or advisable for implementation of the intent of
the Contract Documents, the Architect shall have authority, with approval of the
City, to require additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated,
installed or completed. However, neither this authority of the Architect nor a
decision made in good faith either to exercise or not to exercise such authority
shall give rise to a duty or responsibility of the Architect to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees or
other persons performing portions of the Work.
2.5.14. For both StatiOn 17 and 18 the Architect shall review or take other
appropriate action upon Contractor's submittals such as Shop Drawings, Product
Data and Samples for the purpose of: (1) assuring compliance with applicable
laws, statutes, ordinances, codes, orders, rules and regulation; and (2) assuring
that the Work affected by and represented by such submittals is in compliance
with the requirements of the Contract Documents. Architect shall not knowingly
permit such aspects of the construction work to proceed in the absence of
approved shop drawings and submittals. The Architect's action shall be taken
within 10 working days of receipt, with an additional 5 working days for sub-
consultant review, unless otherwise agreed upon in advance of any specific
submittals. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions
and the quantities for substantiating construction for installation or performance
of the equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents.
The Architect's review shall not constitute approval of safety precautions or,
unless otherwise specifically stated by the Architect, of construction means,
methods, techniques, sequences, or procedures. The Architect's review of a
specific item shall not indicate approval of an assembly of which the item is a
component. When professional certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, the
Architect shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by
the Contract Documents.
2.5.15. For Station 17 and 18 the Architect shall review and assist the Owner or
the Construction Manager as directed in preparing Change Orders and
Construction Change Directives, with supporting documentation and data if
deemed necessary by the Architect as provided in Subparagraphs 3.2.2 and
3.2.3, for the Owner's approval and execution in accordance with the Contract
Documents, and may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time which are
not inconsistent with the intent of the Contract Documents.
Agreement Between Dublin
and Architect - Fire Stations
Page 10 of 28
October 16, 2001
2.5.16. For Station 17 and 18 the Architect shall assist the Construction Manager
in the inspection and review of the Work to determine the date or dates of
Substantial Completion and the date of final completion, shall receive and
forward to the Owner for the Owner's review and records written warranties and
related documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment upon compliance with
the requirements of the Contract Documents.
2.5.17. For Station 17 and 18 the Architect shall interpret and decide matters
concerning performance of the City, DR Acquisitions or the Contractor under the
requirements of the Contract Documents on written request of the City. The
Architect's response to such requests shall be made with reasonable promptness
and within any time limits agreed upon.
2.5.18. Interpretations and decisions of the Architect shall be consistent with the
intent of and reasonably inferable from the Contract Documents and shall be in
writing or in the form of drawings.
2.5.19. Architect hereby represents, promises and warrants to Owner that
Architect is financially solvent and possesses sufficient experience, licenSes,
authority, personnel and working capital to complete the services required
hereunder; that Architect has visited the sites for the Project and thoroughly
familiarized itself with the local conditions under which the services required
hereunder are to be performed; and that Architect shall correlate its observations
thereof with all of the requirements of this Agreement and of the Construction
Contract Documents.
2.5.20. The Architect shall render written opinions as requested by the Owner
within a reasonable time on all claims, disputes or other matters in question
between the Owner and Contractor relating to the execution or progress of the
Work as provided in the Contract Documents.
The Architect shall render written opinions as requested by DR Acquisitions, LLC
within a reasonable time on all claims, disputes or other matters in question
between DR Acquisitions, LLC and its contractor relating to the execution or
progress of the Work as provided in the Contract Documents.
2.5.21. '~Vork" as that term is used in this Agreement shall include the work of
construction of both stations. Through a separate agreement, Owner will obtain
a right-of-entry or other similar right for Architect to enter onto the property owned
by DR Acquisitions, LLC for purposes of carrying out Architect's obligations
under Section 2.5 for Fire Station #18. Such agreement will also include DR
Acquisitions, LLC's consent for Architect to provide the services described in this
Paragraph 2.5 in connection with DR Acquisitions, LLC's contract for construction
of Fire Station #18..
Agreement Between Dublin
and Architect - Fire Stations
Page 11 of 28
October 16, 2001
2.6. DISAPPROVAL PROGRESS PRINTS
2.6.1. Owner' shall have the right to disapprove any portion of the Architect's
work on the Project, including, but not limited to, schematic phase, design
development phase, construction documents phase, bidding or negotiation phase
or construction phase work, and any other design work or documents, on any
reasonable basis, including, but not limited to, aesthetics, or because in the
Owner's opinion, the construction cost of Such design is likely to render such
work or the Project infeasible. In the event that any phase of the Architect's work
is not approved by the Owner, the Architect shall proceed, when requested by
the Owner, with revisions. When these revisions are made to drawings
previously approved under previous phases, in which case.such revision services
shall be paid as additional services. Should there be substantial reVisions to the
original program after the approval of schematic drawings, which changes
substantially increase the scope of design services to be furnished hereunder,
Architect shall so notify Owner in writing and receive approval from Owner,
before proceeding with revisions necessitated by such changes. No payment, of
any nature whatsoever, will be made to Architect, for additional work or services,
without such written approval by Owner.
2.6.2. Upon Owner's request at any time dudng the design or construction
phases of this Agreement and as often as so requested, Architect shall promptly
provide Owner with progress prints. Owner shall at all times have reasonable
access to the files and personnel of Architect relating to the Project in order to
answer any reasonable questions Owner may have relating to the Architect's
performance on the Project.
ARTICLE 3. ADDITIONAL SERVICES
3.0. GENERAL
3.0.1. The services described in this Article 3 are. not included in Basic Services
unless so identified' in Article 12, and they shall be paid for by the Owner as
provided in this Agreement, in addition to the compensation for basic Services.
The services described under Paragraphs 3.1 and 3.3 shall only be provided if
authorized or confirmed in writing by the Owner and Architect. If services
described under Contingent Additional Services in Paragraph 312 are reqUired
due to circumstances beyond the Architect's control, the Architect shall notify the
Owner prior to commencing such services. If the Owner deems that such
services described under Paragraph 3.2 are not required, the Owner shall give
prompt written notice to the Architect. If the Owner indicates in writing that all or
part of such Contingent Additional Services are not required, the Architect .shall
have no obligation to provide those services.
Agreement Between Dublin
and Architect - Fire Stations
Page 12 of 28
October 16, 2001
3.1 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2,
3.1.1. If more extensive representation at the site than is described in
Subparagraph 2.5,7 is required, the Architect shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.1.2. Project Representatives shall be selected, employed and directed by the
Architect, and the Architect shall be compensated therefore as agreed by the
Owner and Architect. The duties, responsibilities and limitations of authority of
Project Representatives shall be described in the edition of AIA Document B352
current as of the date of this Agreement, unless otherwise agreed.
3.1.3. Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such Project representation shall
not modify the rights, responsibilities or obligations of the Architect as described
elsewhere in this Agreement.
CONTINGENT ADDITIONAL SERVICES
3.2.1. Making revisions in Drawings, Specifications or other documents when
such revisions are beyond the original scope of services or budget including:
a. inconsistent with approvals or instructions previously given .by the
Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
b. required by the enactment, interpretation or revision of codes, laws
or regulations subsequent to the preparation of such documents; or
c. due to changes required as a result of the Owner's failure to render
decisions in a timely manner.
d. ComPleting documents for either building oUt of phase with each.
other
3.2.2. Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or
the method of bidding or negotiating and contracting for construction.
3.2.3. Preparing Drawings, Specifications and other documentation and
supporting data, evaluating Contractor's proposals, and providing other services
in connection with Change Orders and Construction Change Directives, when
such Change Orders and Construction Change Directives are issued solely as a
result of some action or inaction on the part of the Owner.
Agreement Between Dublin
and Architect - Fire Stations
Page 13 of 28
'October 16, 2001
3.2.4. Providing services in connection with evaluating substitutions proposed by
the Contractor and making subsequent revisions to Drawings, Specifications and
other documentation resulting therefrom.
3.2.5. Providing consultation concerning replacement of Work damaged by fire
or other cause during construction, and furnishing services required in
connection with the replacement of such Work.
3.2.6. Providing services made necessary by the default of the Contractor, by
major defects or deficiencies in the Work of the Contractor, or by failure of
performance of either the Owner or Contractor under the Contract for
Construction.
3.2.7. Providing services in evaluating an extensive number of claims submitted
by the Contractor or others in connection with the Work.
3.2.8. Providing services in connection with a public hearing, arbitration
proceeding or legal proceeding except where 'the Architect is party thereto.
3.2.9. Preparing documents 'for alternate, separate or sequential bids or
providing services in connection with bidding, negotiation or construction prior to
the completion of the Construction Documents Phase.
3.3. OPTIONAL ADDITIONAL SERVICES
Providing analysis of the Owner's needs and programming the requirements for the
Project.
3.3.1. Providing financial feasibility or other special studies.
3.3.2. Providing special surveys, environmental studies and submissions
required for approvals of governmental authorities or others having jurisdiction
over the Project.
3.3.3. Providing services to make measured drawings of existing conditions or
facilities, except where such drawings are reasonably necessary to permit the
Architect to properly perform other Basic Services.
3.3.4. Providing services to verify the accuracy of drawings or other information
furnished by the Owner.
3.3.5. Providing coordination of construction performed by separate contractors
or by the Owner's own forces and coordination of services required in connection
with construction performed and equipment supplied by the Owner.
Agreement Between Dublin
and Architect - Fire Stations
Page 14 of 28
October 16, 2001
3.3.6. Participation in meetings in addition to those outlined in Article 2 of this
agreement.
3.3.7. Making investigations, inventories of materials or equipment, or valuations
and detailed appraisals of existing facilities.
3.3.8. Substantial work in connection with the requirements of Owner's agents,
representatives, vendors; i.e. bankers, insurance company, etc. Proposed
language for any certificates or certifications requested of the Architect shall be
submitted to the Architect for review and approval at least 15 days prior to the
date on which they are needed by the Owner or due to be submitted to others.
The Owner shall not request and the Architect shall not be required to execute
certificates or certifications which would require knowledge or services beyond
the scope of this Agreement or which would impose on the Architect obligations
which exceed the standard of care.
3.3.9. Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operating and maintenance, and consultation
during operation.
3.3.10. Providing services after completion of the Construction Phase.
3.3.1 1. Providing services of consultants for other than those listed in article 12 of
this Agreement.
3.3.12. Providing services to create a computer generated three dimensional
"virtual model" of the building, including 3 copies of a video of the model.
3.3.13. Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted architectural
practice.
ARTICLE 4. OWNER'S RESPONSIBILITIES
4.0. The Owner shall be responsible for coordinating all of the information or services
listed in this Article 4 for both Stations 17 and 18.
4.1 T.he Owner shall with the assistance of the Architect provide full information
regarding requirements for the Project, including a program which shall set forth the
Owner's objectives, schedule, constraints and criteria, including special equipment,
systems and site requirements.
4.2. The Owner shall with the assistance of the Architect establish and update an
overall budget for the Project, including the Construction Cost, the Owner's other costs
and reasonable contingencies related to all of these costs.
Agreement Between Dublin
and Architect - Fire Stations
Page 15 of 28
October 16, 2001
4.3 The Owner shall designate a representative authorized to act on the Owner's
behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Architect
in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services.
4.4. The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description
of the site. The surveys and legal information shall include, as applicable, grades and
lines of streets, alleys, pavements and adjoining property and structures; adjacent
drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site; locations, dimensions and necessary
data pertaining to existing buildings, other improvement and trees; and information
concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be
referenced to a Project benchmark.
4.5. The Owner shall furnish the services of geotechnical engineers when such
services are requested by the Architect. Such services may include but are not limited
to test borings, test pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion and resistivity tests, including
necessary operations for anticipating sUbsoil conditions, with reports and appropriate
professional recommendations. The Architect shall review and confirm the sufficiency
of any tests and information furnished to Architect by or on behalf of the Owner
pursuant to this Paragraph 4.5.
4.5.1. The Owner shall furnish the services of other consultants when
such services are reasonably required by the scope of the Project and are
requested by the Architect.
4.6. The Owner shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
4.7 The Owner shall furnish all legal, accounting and insurance counseling services
as may be necessary at any time for the Project, including auditing services the Owner
may require to verify the Contractor's Applications for Payment or to ascertain how or
for what purposes the Contractor has' used the money paid by or on behalf of the
Owner.
4.8. Unless otherwise expreSsly provided in this Agreement, the services, information,
surveys and reports required by Paragraphs 4.3 through 4.7 shall be furnished at the
Owner's expense, and the Architect shall be entitled to rely upon the accuracy and
completeness thereof.
Agreement Between Dublin
and Architect - Fire Stations
Page 16 of 28
October 16, 2001
4.9. Prompt written notice shall be given by the Owner to the Architect if the Owner
becomes aware of any fault or defect in the Project or nonconformance with the
Contract Documents.
4.10. To the extent that forms of certificates or certifications have not been agreed
upon prior to the execution of this Agreement or attached hereto by. way of exhibit, the
proposed language of certificates or certifications which are requested of the Architect
or Architect's consultants shall be submitted to the Architect for review and approval of
at least fourteen (14) days prior to the requested or required execution date. Owner
may require and Architect shall execute, as part of its basic services hereunder, any
certificates or certifications customarily, commonly or reasonable required on projects of
this type.
4.11. The Owner shall require the Contractor to provide the Owner with record
drawings indicating the location and size of all underground or imbedded construction
not covered in the original drawings, change orders, supplemental drawings, or Shop
Drawings. The Contractor shall be required to record such construction on reproducible
drawings furnished to the Contractor by the Owner. The Contractor shall be required to
submit completed record drawings to the Architect for review. Such a review by the
Architect shall not relieve the Contractor of his or her responsibilities for the accuracy
and completeness of the information recorded.
4.12. Notwithstanding anything to the contrary in this Article 4, the Owner shall be
required to furnish information or services described in this Article 4 only to the extent
that such information or service is both reasonably required and actually requested by
Architect in order to perform Architect's services under this Agreement.
4.13 The provisions of this Article 4 shall be applicable to Fire Station #17. Through a
separate agreement, Owner will obtain a right-of-entry or other similar right for Owner to
enter onto the property owned by DR Acquisitions, LLC for purposes of carrying out
Owner's obligations under Article 4, and providing information and studies required by
Article 4, with respect to Fire Station #18.
ARTICLE 5. CONSTRUCTION COST
5.0. DEFINITION
5.0.1. The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the Architect at
90% completion of Construction Documents for Station 17
5.0.2. The Construction Cost shall include the cost at current market rates of
labor and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect, plus a reasonable allowance
for the Contractor's overhead and profit. In addition, a reasonable allowance for
Agreement Between Dublin
and Architect - Fire Stations
Page 17 of 28
October 16, 2001
5.1.
contingencies shall be included for market conditions at the time of bidding and
for change in the Work during construction.
5.0.3. Construction Cost does not include the compensation of the Architect and
Architect's consultants, the costs of the land, rights-of-way, financing or. other
costs which are the responsibility of the Owner as provided in Article 4.
RESPONSIBILITY FOR CONSTRUCTION COST
5.1.1. Evaluations of the Owner's Project budget, preliminary estimates of
Construction Cost and detailed estimates of Construction Cost, if any, prepared
by the Architect, represent the Architect's best judgment as a design professional
familiar with the construction industry. It is recognized, however, that neither the
Architect nor' the Owner has control over the cost of labor, materials or
equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or negotiated prices will not
vary from the Owner's Project budget or from any estimate of Construction Cost
or evaluation prepared or agreed to by the Architect for Station 17.
ARTICLE 6.
USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND
OTHER DOCUMENTS
6.0.
For both station 17 and 18 original drawings and specifications are the property
of the Architect; however, the Project is the property of the Owner, and Architect
may not use the drawings and specifications therefore for any purpose not
relating to the Project without Owner's consent. Owner shall be furnished with
such reproductions of drawings and specifications as Owner may reasonably
require. Prints shall be furnished, as an additional service, at any other time
requested by Owner. All such reproductions shall be the property of the Owner
who may use them without Architect's permission for any property purpose
relating to the Project, including, but not limited to, additions to or completion of
the Project and distribution to DR Acquisitions, LLC for separate bidding.
6.1. Submission or distribution of documents to meet official regulatory requirements
or for similar purpOses in connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
6.2. Due to risk of damage, anomalies in transcription and modification during use,
whether intended or otherwise, it is agreed that the Architect shall archive a copy of the
electronic media transferred to the Owner, the contents of which it is expressly agreed
shall be conclusive proof in all disputes over the content of electroniC media furnished to
the Owner. Hard paper copies of the information contained on the electronic media are
available and their use is recommended. Use of the electronic media at the Owner's
election' shall be at the sole risk of the Owner.
Agreement Between Dublin
and Architect - Fire Stations
Page 18 of 28
October 16, 2001
'ARTICLE 7. DISPUTE RESOLUTION
7.0. All claims, disputes or other matters in question between the parties to this
Agreement arising out of or relating to this Agreement or breach thereof shall be subject
to mediation under the auspices of a recognized, neutral third-party professional
mediation service experienced in handling construction disputes, or other dispute
resolution action. A demand for mediation shall be made within a reasonable time after
the claim, dispute or other matter in question has arisen. In no event shall the demand
for mediation be made after the date when the institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would be barred
by the applicable statutes of limitations. The mediation requirement in this Article 7
shall not preclude either Party from exercising any legal right to sue.
ARTICLE 8. TERMINATION, SUSPENSION OR ABANDONMENT
8.0. This Agreement may be terminated by either party upon not less than seven
days' written notice should the other party fail substantially to perform in accordance
with the terms of this Agreement through no fault of the party initiating the termination.
8.1. If the Project is suspended by the Owner for more than 30 consecutive days, the
Architect shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Architect's compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and resumption of
the Architect's services.
8.2. This Agreement may be terminated by the Owner upon not less than seven days'
written notice to the Architect in the event that the Project is permanently abandoned. If
the Project is .abandoned by the Owner for more than 90 conSecutive days, the Architect
may terminate this Agreement by giving written notice.
8.3. Failure of the Owner to make payments to the Architect in accordance with this
Agreement may be treated by the Architect as substantial nonperformance and cause
for termination. No failure on the part of either party of this Agreement to exercise its
rights hereunder shall be or operate as a waiver, release or relinquishment of any rights
or powers conferred under this Agreement.
8.4. If the Owner fails to make payment when due the Architect for services and
expenses, the Architect may, upon seven days' written notice to the Owner, suspend
performance of services under this Agreement. Unless payment in full is received by
the Architect within seven days of the date of the notice, the suspension shall take effect
without further notice.
8.5. In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination, together with Reimbursable
Expenses then due.
Agreement Between Dublin
and Architect - Fire Stations
Page 19 of '28
October 16, 2001
8.6. In the event that the Owner terminates this Agreement prior to completion of
construction, or the Owner chooses to engage the Architect for partial or less than full
serVices, the Owner agrees to indemnify, defend and hold the Architect harmless from
and against any and all claims, liabilities, suits, demands, losses, costs and expenses,
including reasonable attorneys' fees and all legal expenses and fees incurred on
appeal, and all interest thereon, accruing or resulting to any and all persons, firms, or
any other legal entity, on account of any damage or loss to property or persons,
including death, arising out of the Project, except where the Architect is found to be
solely liable for such damages or losses by a court or forum of competent jurisdiction.
8.7. In the event of any termination under this Article 8, the Architect consents to
Owner's selection of another Architect of Owner's choice to assist the Owner in any way
in completing the Project. Architect further agrees to cooperate and provide any
information requested by Owner in connection with the completion of the Project and
consents to and authorizes the making of any reasonable changes to the design of the
Project by Owner and such other architect as Owner may desire. Any serVices provided
by Architect which are requested by Owner after termination shall be fairly compensated
by Owner.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.0. Unless otherwise provided, this agreement shall be governed by the laws of the
State of California.
9.1. Should any legal proceeding be commenced between the parties to this
Agreement seeking to enforce any of its provisions, including, but not limited to, fee
provisions, the prevailing party in such a proceeding shall be entitled, in addition to such
other relief as may be granted, to a reasonable sum for attorney's fees which shall be
determined by the court or forum in such a proceeding or in a separate action brought
for that purpose. For purposes of this provision, "prevailing party" shall include a party
which dismisses an action for recovery hereunder in exchange for payment of the sum
allegedly duel performance of covenants allegedly breached, or consideration
substantially equal to the relief sought in the action or proceeding.
9.2. Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of limitations
shall commence to run not later than either the date of SubStantial Completion for acts
or failures to act occurring prior to Substantial Completion, or the date of issuance of the
final Certificate for Payment for acts or failures to act occurring after Substantial
Completion.
9.3. The Owner and Architect waive all rights against each other and against the
contractors, consultants, agents and employees of the other for damages, but only to
the extent of actual recovery of any insurance proceeds. The Owner and Architect each
shall require similar waivers from their contractors consultants and agents.
Agreement Between Dublin
and Architect - Fire Stations
Page 20 of 28
October 16, 2001
9.4. The Owner and Architect, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representatives of such other party with
respect to al covenants of this Agreement. Neither Owner nor Architect shall assign this
Agreement without the written consent of the other.
9.5. This Agreement represents the entire and integrated agreement between the
Owner and Architect and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both OWner and Architect.
9.6. Nothing contained in this Agreement shall create a contractual relationship with
or a cause of action in favor of a third party against either the Owner or Architect.
9.7. Unless otherwise provided in this Agreement, the Architect and Architect's
consultants shall have no responsibility for the discovery, presence, handling, removal
or disposal of or exposure of persons to hazardous materials in any form at the Project
site, including but not limited asbestos, asbestos products, polychlorinated biphenyl
(PCB) or other toxic substances. The Owner acknowledges that the Architect is unable
to reasonably obtain professional liability (Errors and Omissions) or other insurance for
claims adsing out of the performance or failure to perform professional services related
to the investigation, detection, abatement, replacement or removal of products,
materials or processes containing asbestos, asbestos-related materials, or other
hazardous substances. Accordingly, the Owner hereby agrees that no claim or suit for
negligence, breach of contract, indemnity or any other cause of action will be brought by
the Owner against the Architect arising out of the presence of asbestos, asbestos-
related materials, or any other hazardous substance, in any form whatsoever, as
defined by the Environmental Protection Agency or any other public authority, in any
building or structure that is the subject of services Performed by the Architect on this
Project. The Owner further agrees to indemnify, defend and hold the Architect harmless
from and against any and all claims, liabilities, suits, demands, losses, costs and
expenses, including reasonable attorneys' fees and all legal expenses and fees incurred
on appeal, and all interest thereon, accruing or resulting to any and all persons, firms or
any other legal entity, on account of any damage or loss to property or persons,
including death, arising out of the presence of hazardous substances, including, but not
limited to, asbestos or asbestos-related materials, except where the Architect is found to
be solely liable-for such damages or losses by a court or forum of competent
jurisdiction.. However, Architect shall report to the Owner the presence and location of
.any hazardous material which it notices.
9.8. The Architect shall have the right to include' representations of the design of the
Project,' including photographs of the exterior and interior, among the Architect's
promotional and professional materials. The Architect's materials shall not include the
Owner's confidential or proprietary information if the Owner has previously advised the
Architect in .writing of the specific information considered by the Owner to be confidential
Agreement Between Dublin
and Architect - Fire Stations
Page 21 of 28
October 16, 2001
or proprietary. The Owner shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the Project.
9.9. Notwithstanding any other provision in this Agreement to the contrary, nothing
contained herein shall be construed:
a. to constitute a guarantee, warranty or assurance, either express or
implied, that the Architect's Services will yield or accomplish a perfect outcome
for the Project; or
b. to obligate the Architect to exercise professional skill or judgment greater
than that which can reasonably be expected from other architects under like
circumstances; or
c. as an assumption by the Architect of the liability of any other party.
ARTICLE 10. PAYMENTS TO THE ARCHITECT
10.0. DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel
engaged on the Project and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment taxes and other
statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and
similar contributions and benefits.
10.1. REIMBURSABLE EXPENSES
10.1.1. Reimbursable Expenses will be charged in addition to the compensation
for Basic and Additional Services and include expenses incurred by the Architect
and Architect's employees and sub-consultants in the interest of the Project, as
identified in the following Clauses. These costs charged at a mark up of five
percent (5%) above direct costs. The only expenses that shall be Reimbursable
Expenses are described in this Section 10.1.1.
a. Expense of transportation on connection with the Project; expenses
in connection with authorized out-of-town travel; long-distance
communications; and fees paid for securing approval of authorities having
jurisdiction over the Project.
b. Expense of reproductions, postage and handling of Drawings,
Specifications and other documents.
c. If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates.
Agreement Between Dublin
and Architect- Fire Stations
Page 22 of 28
October 16, 2001
d. If authorized in writing in advance by the Owner expense of
computer-aided design and drafting equipment time when used in
connection with the Project.
10.1.2. However, notwithstanding anything in this Agreement, in no event shall
Reimbursable Expenses exceed $20,000 per Station. This cost does not include
printing of bid sets or construction sets.
10.2. PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.2.1. An initial payment as set forth in Paragraph 11.1 is the minimum payment
under this Agreement.
10.2.2. Subsequent payments for Basic Services shall be made monthly and,
where applicable, shall be in proportion to services performed within each phase
of service, on the basis set forth in Subparagraph 11.1.2.
10.2.3. If and to the extent that the time initially established in Subparagraph
11.3.1 of this Agreement is exceeded or extended through no fault of the
Architect, compensation for any services rendered during the additional period of
time shall be computed in the manner set forth in Subparagraph 11.2.3.
10.2.4. Architect shall not be entitled to receive payment hereunder until Architect
has provided such lien waivers, including lien waivers from Architect's
consultants, detailed description of services, and sworn statements of certificates
regarding Architect's services and compliance with the requirements of this
Contract as Owner may reasonably require in connection with Architect's request
for payment.
10.3. PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
10.3.1. Payments on account of the Architect's Additional Services and for
Reimbursable Expenses shall be made monthly upon presentation of the
Architect's statement of services rendered or expenses incurred.
10.3.2. Architect shall present each month a statement of additional services
rendered and reimbursable expenses incurred for the preceding month.
Architect expressly waives any right to payment for any additionally services
rendered if Architect does not give written' notice of its claim that the services are
additional within twenty days of rendering the services and if such services are
not billed as additional, services within sixty (60) days following their rendition.
10.4. PAYMENTS WITHHELD
No deductions shall be made from the Architect's compensation on account of penalty,
liquidated damages or other sums withheld from payments to contractors, or on account
Agreement Between Dublin
and Architect- Fire Stations
Page 23 of 28
October 16, 2001
of the cost of changes in the Work other than those for which the Architect has been
found to be liable.
10.5. ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually convenient
times. These records shall be preserved by the Architect for a period of three Years
after final payment.
10.6 SEPARATE ACCOUNTING FOR FIRE STATION #17 AND FIRE STATION #18
Architect will segregate all time and expenses as between work done for Fire Station
#17 and for Fire Station #18 'and will provide Owner with such information in a form
mutually satiSfactory to Owner and Architect.
ARTICLE 11.
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.0. AN INITIAL PAYMENT OF Fifteen Thousand Dollars ($15,000) shall be made
upon execution of this Agreement and credited to the Owner's account at final payment.
11.1. BASIC COMPENSATION
11.1.1. FOR BASIC SERVICES, as described in Article 2, and any other
services included in Article 12 as part of Basic Services, Basic Compensation
shall be computed as follows:
Monthly invoices shall be based on percentage of completion of Architect's
services for each given phase, sub-consultant charges and reimbursable costs
incurred during that period. Charges shall be on a lump sum basis, with a total
fee for services of $731,250. Should the estimated maximum for each phase not
be used, any balance shall carry forward into the next phase of work. However,
no portion of the $166,700 budgeted for Construction Administration in
Subparagraph 11.1.2 shall be used for another phase or service.
11.1,2. The breakdown of the total fee for Architectural, Engineering and other
sub,consultant services by phase is as follows.
Station 17
a. Phase 1 - Schematic Design Phase:
b. Phase 2 - Design Development Phase:
c. Phase 3 - Construction Documents Phase:
d. Phase 4 - Bidding Phase:
$47,150
$62,750
$158,350
$14,025
Agreement Between Dublin
and Architect - Fire Stations
Page 24 of 28
October 16, 2001
11.2.
e. Phase 5 - Construction Administration Phase: $83,350
Total Station 17
$365,625
Station 18
a. Phase 1 - Schematic Design Phase: $47,150
b. Phase 2 - Design Development Phase: $62,750
c. Phase 3 - Construction Documents Phase: $158,350
d. Phase 4 - Bidding Phase: $14,025
e. Phase 5- Construction Administration Phase: $83,350
Total Station 18
$365,625
Total Basic Compensation:
$731,250
Reimbursable expenses will be charged in addition to these costs pursuant to
section 10.1 above.
COMPENSATION FOR ADDITIONAL SERVICES
11.2.1. FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as
described in Paragraph 3.2, compensation shall be computed as follows:
11.2.2. Should the sequence for issuing Construction Documents be changed
from concurrent to one building after the other, an additional $27,800 would be
added to the basic services fee for the that portion of work.
11.2.3. FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in
Articles 3 and 12, other than (1) Additional Project Representation, as described
in Paragraph 3.1 and (2) services included in Article 12 as part of Basic Services,
but excluding services of consultants, compensation shall be computed-as
follows:
Principal
Project Manager
Senior Designer or Technical Architect
Intermediate Architect
Junior Architect
Administrative
$135/hou r
$125/hou r
$100/hou r
$80/hour
$70/hour
$55/hour
The Architect reserves the right to adjust these billing rates annually in response
to salary adjustments. However, such adjustment in billing rates will not result in
any increase in agreed total fees for the Project.
FOR ADDITIONAL SERVICES OF SUB-CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those provided
Agreement Between Dublin
and Architect - Fire Stations
Page 25 of 28
October 16, 2001
under Subparagraph 3.3. or identified in Article 12.2 as part of Additional
Services, a multiple of one point five (1.05) times the amounts billed to the
Architect for such services.
11.3. ADDITIONAL PROVISIONS
11.3.1. IF THE BASIC SERVICES covered by this Agreement have not been
completed within twenty fOur (24) months of the date hereof, through no fault of
the Architect, extension of the Architect's services beyond that time shall be
compensated at the hourly rates provided in subparagraph 11.2.3. The scope of
the Basic Services may be changed with the written consent of both parties.
11.3.2. Payments are due and payable thirty (30) days from the date of the
Architect's invoice. Amounts unpaid forty-five (45) days after the invoice date
shall bear interest at the rate entered below, or in the absence thereof at the
legal rate prevailing from time to time at the principal place of business of the
Architect.
One half of one percent (0.5%) per month. Any amount in dispute shall not be
subject to such interest.
11.3.3. The rates and multiples set forth for Additional Services shall be annually
adjusted in October in accordance with normal salary review practices of the
Architect.
ARTICLE 12.
OTHER CONDITIONS OR SERVICES
12.0. For both Station 17 and 18 the Architect shall maintain throughout the period of
this Project and for a period of three.years thereafter, a standard form of errors and
omissions insurance with an insurance company satisfactory to the Owner. Architect
shall also maintain insurance coverage for comprehensive general liability, automobile
liability and workers' compensation in forms and amounts satisfactory to the Owner.
Architect shall assure that any and all consultants engaged or employed by Architect
carry and maintain similar insurance with reasonably prudent limits and coverages in
light of the services to be rendered by such consultants. Architect shall submit to
Owner proof of such insurance in amounts satisfactory to Owner. The maintenance in
full current force and effect of such form and amount of insurance, in such amount as
Owner shall have accepted, shall be a condition precedent to the ArchiteCt's exercise or
enforcement of any rights under this Agreement. The insurance policies shall
incorporate a provision requiring written notice to the Owner at least thirty (30) days
prior to any cancellation, non-renewal or material modification of the policies; ten (10)
days for non-payment of premium.
12.1. INDEMNITY: The Owner and Architect agree to indemnify, defend and hold
each other and their consultants harmless from and against any and all liabilities,
losses, damages, costs and expenses, including reasonable attorneys' fees and all
Agreement Between Dublin
and Architect- Fire Stations
Page 26 of 28
October 16, 2001
legal expenses and fees incurred through appeal, and all interest thereon, accruing or
resulting to any and all persons, firms or any other legal entities on account of any
damages or losses to property or persons, including injuries or death, or economic
losses arising out of their respective obligations under this agreement, but only to the
extent resulting from the other party's negligent acts, errors or omissions as determined
by a court or forum of competent jurisdiction.
12.2. PRINCIPAL ARCHITECTS: The Architect may not substitute the Principal
Consultants without the prior consent of the City, which consent shall not be
unreasonably withheld.
12.3. SUB-CONSULTANTS: In addition to those of the Architect, the services to be
performed under the terms of this agreement include the work of the following sub-
consultants, listed by trade.
ao
Structural Engineering:
Mechanical Engineering:
Electrical Engineering:
Specifications:
Cost Estimating:
Landscape Architecture:
Civil Engineering:
Acoustical Con suiting:
Signage and Graphics:
Energy Analysis:
Interiors:
DASSE
Mechanical Design Studio
O'Mahony & Myer
Topflight Specs
Davis Langdon AdamSon
Carducci Associates
Kier & Wright
Charles Salter & Associates
Donnelly Design
BEC Consulting
BSA Architects
If at any time after entering into this Agreement, Owner has any reasonable objection to
any such person or entity, Architect shall promptly propose substitutes to whom the
Owner has no reasonable objection, and the Architect's compensation shall be
equitably adjusted to reflect any difference in the Architect's costs occasioned by such
substitution; however, no increase in the Architect's compensation herein shall be
allowed for any such substitution unless the Architect has acted promptly and
responsively in submitting sub-consultants as required by this paragraph.
12.4. EXHIBITS: This agreement also includes the following attached exhibits:
Exhibit A: Schedule
Exhibit B: Certificate of Insurance for BSA Architects
Agreement Between Dublin
and Architect - Fire Stations
I~age 27 of 28
October 16, 2001
This Agreement entered into as of the day and year first written above.
OWNER
by
Guy S. Houston
Mayor
ARCHITECT
, natu~e.F'in~~ title)
S~ignat , Pr,' ted name and
J:\wpd\Mnrsw~114\103~AGREE\architect fire station 18_100801 .doc
Agreement Between Dublin
and Architect - Fire Stations
Page 28 of 28
October 16, 2001
Dublin Fire Stations #17a 181 I I I I I I I _
~roposed Schedule for Architectural and Engineering Services ·
BSA Architects - October 2001
A~chitect Selected x
~;ontract Negotiations x --
Please 1 - Schematic Desig_n
_ Kick-off Meeting x
Survey x
Site Analysis x --
Review Program x
Design Work & Meetings xx xx
Public Presentation x
Review Perio~~ x --
_ Finalize Schematic Design x
Planning Submittal , xxx
Rev ew Pet od2 x x
SD Cost Estimate x x
Phase 2 - Design D_evelopment
Incorporate Planning Comments x
Draft Specifications x
Design & Documentation xxx xx
Review Period3 xx -
DD Cost Estimate xx
Council Presentation x
Phase 3 - Construction Documents
Document Preperation xx~ xxx xxx xxx x --
Consultant Coordination x x x
_ FinaliZe Specifications xx
Permit Submittal x
Plan Check4 xx
CD Estimate xx --
Revisions and Re-check Period x --
Advedise for Bids x
Phase 4 - Bidding
Issue Documents for Bids x
ReCeive Bids x
~ Contractor Negotiations x
Phase 7 - Construction
AIIow12 Months xx xx xx xx xx xx xx Ixx xx xx xx xx
~ This review period must be quick and thorough. This i~best opportunity to make any changes~ --
Client review of this submission should be final comments for layout and organization. I
2 Planning review periods are estimates only. BSA has assumed ~)ne submission and review.
Client review of this submission should be final comments for materials and finishes. --
3 This review is of completed design for conformance with previous decisions, I
4 Plan Check periods are estimates only. BSA has assumed expidited-in house review by City,
EXHIBIT A
650- PROFESSION~L PR~CTIC 745 P02 SEP 28 '01 15:41
Certificate of Insurance
1 of I #$40370/M40369
Professional Practice
Insurance Bmker~, Inc.
10 C~itb~a St~[
R~wood Cry, CA. 94063-1515
Insured~ Name ~mcl Address:
BSA Ar~i~er~
350 Pacific Avenue
3rd Floor
San Francisco, CA 941 ! 1
THIS CERTIFICATE IS ISSUED AS A MA'i'I'ER OF
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED THE POLICIES LISTED BELOW.
Companies Affording
,~ American Motorists Instance Company
B. Cont~ental Casu~ty Compm~y
D,
F.
COVERAGES; THIS IS TO CERTIFY THAT POLICIEO OF INSURANOE LIS?ED BELOw HAV~ BEEN I~.e, uED'tO THE IN~iURED NAMED ABOvE FOR 'tHE ~OL~)Y ~ERIOD INDICA'tED.
NOTWITHSTANDING ANY REQUIREMEI~T, TERM OR CONDITION OF ANy CONTRACT OR OTHER DOOUMEN~ WITH F~EOPECT TOWHICH THIS CERTIFICATE MAY BE 16SUED OR
MAY' PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCF~ ~ED HEREIN J~, SUBJECT TO ALI. THE TERMS. FiXCLU~.~ON$. AND CONDITIONS OF ,SUCH PC~!C!cS.
TYPE Of INSURANCE POLICY NUMBER . EFF. DATE EXP.DATE PoLIcY LIMITS
.zk. GENERAL LIABILITY 7R$697035D1 !0t0[t0! ~0/01~D2 ......... Geneta~ Aggregate: $2,000.00rJ
[] Commercial GonereJ glabtllby ' PrOduOtS-OoPA/Ops
[] C~irns MeCie Aggregate; $2,000,000
[] Occurrence Personal and Adv. injury: $1,000,000
[] Owner's and Contractors Each Occurrence; $1.000.000
Protective Fire Drag. (any one fire): $1,000,0tX)
D,
--[] AUTO LIABIt~ITY 7R~69703001 . 10/0]t01 10/01t02 Combined ShDle Limit:
· Any Automobile Bodily Inju~,/person'. SO
[] All Owned Autos
[] $~adul~ Autos Bodily Injury/accident $0
[] Hlrect Autos Pmpe~ Damage: $0
[] Non-owned Autos
El GaTe. go Liability
n,
EXCES~ LIABILITY "
[] Umbrella FOrrll Eeoh Occurrence:
[] Other than Umbrell~ Farm Aggregate'
z~ WORKERS' 7cw235366 t t 0~/0 l/o I 09/01/02, Statutory'Limits
COMPENSATION EaCh Accident: $1
AND EMPLDYER'S
LIABILITY Dl~ear, e/Poll~y Limit:. $1,000,000
.......... Disease/Empleyae; $1,000,0D0
PROFESSIONAL AEN114fl45753 10/07/98 10/07/01 Per Claim · 51,000,000
LIASIUTY* Aggregate $1,090.0D0
· ,, $0
Description of Operations/Locations/Vehicles/Restrictions/Special items:
ALL OPERATIONS OF THE NAMED ~NSURED INCLUDING PROFESSIONAL SERV:CE$ AGREEMENT,~. SEE A)"31C)JTIONAL IN~[JR~I~ ~EN~O~N)~N'I' ATTACH:Lq.
*Wriffen at aggregate limits of liabi!!ty not less than ,'~ount, show~,
Certificate Holder: ~; AC~iREGATE [.IMIT IS THE TOTN. INSURANCE AVAiEAI~E FOR CL,NMS PRESENTED
WITHIN THE PO,JOY FOR ALL OPERATIONS OF THE INSUltED.
City of Dublin CANCELLATION:
100 CiYJC ~]~.~ SHOUL~ ANY OF THE ABOVE DESCriBED POUOzE$ BE C.~NCJELED BEFORE THE EXPIP, ATION
Dublin, CA 94568 ~^vs WRIWEN NOnC~"ro ~.~ CS~n~OArE ~OL~ .AMMO rO T.~ L~, ~CE.~ ~.
THE EVENI'OF 0ANOELLATiON Y-OR NON-FAYMEN'~ ~ PREMIUM IN WHICH CA~E 10 DAYS
NOTICE WILL BE OIVEN.
SEP-88-8001 03:49PM TEL)G50 EXI-IIBITB ID)DUBLIN CITY HGR OFFC PRGE:008
R=99~
b~-- ~Uk~551UMHL PMHCIIC '~45 P03 SEP Z8 '01 15:42
KEMPER PREMIER ENDORSEMENT FOR
ARCHITECTURE AND ENGINEERING FIRMS
THIS ENDORSEMENT CHANGES THE POLICY. PLF_ASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08
1. ADDITIONAL INSURED - - BY CONTRACT, AGREEMENT OR PERMIT (NOTE: MEETS OR EXCEEDS C~ 20 1011 ~)
Item 5. of Section C. -WHO IS AN INSURED, is deleted and replaced by the following:
Any person or organization to whom or to whim you are obligated by virtue ~.a written contract a~_.reernent
_o_r_.Permit to provide such insurance as afforded by this policy is art Insured, but only with respect t~ liability
arising out off.
a) "Your work" for that insured by you, Incl~in{; work or operations performed on your behalf for that
insured;
b) Pen-nits issued by state or political subdivisions for operations performed by you; or
o) Premises you own, rent. oc'm~py or use.
3'his provision does not apply unless the written contract or agreement has been executed, or the permit
has been issued, prior to the "bodily injury," 'property damage," "personal injury' or "advertising injury."
This provision does not apply to any person or orgarlizatlon included as an insured under Adclifional
Insured - Vendors.
PRIMARY - - NON-CONTRIBUTORY
This insurance is pr~'nary and is not additional to or contributing with arty other insurance carried by or
for the benefit of Additional Insureds.
3. SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this pollay to
the first Named Insured, this insuranae applies:
a) ks if each Named Insured were the only Named Insured; and
b) Separately to each insured against whom claim is made or"suit' is brought.
4.* NOTICE DF CANCELLATION
If we cancel this policy for any reason olher then non-payment of premium, we will mall written n~tice at
least 30 days before the effective date of cancellation t~ the Additional Insureds on fie with the Company,
If we cancel this policy for non-payment of premium, we will mall written notice at least 10 days before the
. effe~ve date of cancellation to the Additional Insureds on file with the Company.
5. WAIVER OF'$UlaROGATION
If the insured has rights to recover'all or part of ar~y payment we have made under this policy, those rights
are transferred to us, This insurance shall not be invalidated should the Named Insured waive in writing,
prior to a loss, any or alt rights of recovery against any party for a loss occurring. However, the insured must
do nothing after a loss tO impair these rights. At our request, the Insured will bring "suit" or tran~rfer those
rights to us and help us enforce them, This condition does not apply to Medical Expenses Coverage.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other thart as above stated.
IPOLICY NO: ?R$69?0;36{:H I'
Expiration Date: I0/~1t02
tNAMED INSURED: I BSA Architects
'Effective Date: 10101t{3t
AMERICAN MOTORIST INSURANCE COMPANY
i$$IJED: B~p~mber :P,3, ~001
SEP-28'2001 03:49PM TEL)650 ID)DUBLIN CITY MGR OFFC PROE-:O~L~ R=~9~