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HomeMy WebLinkAboutMINUTES - 07221997 - D3A-B BOARD OF SUPERVISORS FROM: Allen Little, Fire Chief �\ Contra Costa DATE July 8, 1997 ; SUBJECT: Release of"old Contra Costa County Fire (CCCF)" Development Fee Fun and Transfer of these Funds to Contra Costa County Fire Protection District (CCCFPD) Capital Outlay Fund for Construction of a New Fire Station No. 11 in the City of Clayton SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE the County Auditor-Controller to transfer$438,690 from the CCCFPD "old CCCF" Development Fee Trust Fund No. 850400 to the CCCFPD Capital Outlay Fund No. 203100 (dept/org 7031) to help fund the construction of a new Fire Station No. 11 in the City of Clayton; and AUTHORIZE related appropriation and revenue adjustments (The appropriation and revenue adjustments are attached and included as a part of this document. ) BACKGROUND/REASONS FOR RECOMMENDATION: A number of years ago the Board of Supervisors adopted an ordinance which established a fire protection facilities fee in the unincorporated areas of the "old" CCCFPD. The "old" CCCFPD served the cities of Clayton, Concord, Lafayette, Martinez, Pleasant Hill, and Walnut Creek plus unincorporated areas. The purpose of the fee is to provide funding to implement "old" CCCF's capital expansion needs with respect to new facilities and equipment. On July 1, 199/, in a major fire service reorganization, the former Oakley, Pinole, Riverview and West County Fire Districts were dissolved and their territory was annexed to the CCCFPD, resulting in a new and expanded CCCFPD. The CCCFPD and the City of Clayton are in discussions on the need to relocate the current Station 11 to a better site within the city. It is anticipated the new Station 11's construction will be a joint effort between the District and the City, with Clayton being the lead agency responsible for the station's construction according to District specifications. Prior to entering into an agreement with Clayton, the District is incurring architectural costs relative to new Station 11. Accordingly, it is necessary to develop some funding for the new Fire Station No. 11 by transferring $438,690 from Development Fee Trust Fund to the CCCFPD Capital Outlay Fund. CONTINUED ON ATTACHMENT: _ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER S 1 GNATURE(S 1: ACTION OF BOARD ON July 22, 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS i ;-MREB t CZRTiFY T iiA 1 i H i S i S A TRUE X UNANIMOUS (ABSENT ---------- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Mike George (930-5506/Ext. 6-6500) ATTESTED July 22, 1997 Cc: County Administrator , Attn: Terry McGraw PHIL BATCHELOR. CLERK OF THE BOARD Contra Costa County Fire Protection District SU IS S AND COUNTY MINIST TOR Auditor-Controller, Attn: Gary Malmgren, Phil Garvey and Becky England BY 1 ris ine Wampler AUDITOR-CON TROLL R USE ONLY r CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY: APPROPRIATION ADJUSTMENT BOARD OF SUPERVISORS FY 1996-97 T/C 27 COUNTY ADMINISTRATOR ACCOUNT CODING BUDGET UNIT: Contra Costa County Fire Protection District ORGANIZATION EXPENDITURE SUB-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION <ECREASE INCREASE -- 100 100 7031 49x9 Construct Station 11 (Relocation) 1 438 ,6901. 00 7031 6301 Appropriable New Revenue 1 438 ,6901.00 7031 6301 Reserve for Contingencies 438 ,69000 t I I I I i I I I ' I I i I I ' 1 1 I I 1 i I I I I I I 1 I 1 I I I I I 1 I I 1 I I I I I I I I I TOTALS I 1 438 690100 877 380;.00 APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROL LE R _ To appropriate transfer of funds from Development By: Date Fee Trust Fund 850400 to Capital Outlay Fund 203100 for construction of a new Fire Station 11 COUN IST 0 in Clayton. By: ; 1 BOARD O UPERVISORS/ COMMISSIONERS YES: Commissioners Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NO: None Chief of Admin. Svcs. 6-25-97 SIGNATURE ' TITLE PATE By; APPROPRIATION A POOo/ stine Wampler, epu 7/22/97 ADJ. JOURNAL NO. FY 19 —97 CONTRA COSTA COUNTY _ 96 ESTIMATED REVENUE ADJUSTMENT T/C 24 ACCOUNT CODING BUDGET UNIT: Contra Costa County Fire Protection DiStriCt ORGANIZATION ACCOUNT REVENUE DESCRIPTION INCREASE <DECREASE> 100 100 7031 9967 Contribution from Other Funds 438 ,690100 I ' I I , I I I I _ I I I l 1 ' I I I i i I I � I I I I � I I I � I TOTALS 438 ,690 ; 00 APPROVED EXPLANATION OF REQUEST AUDITOR-CONTROLLER �. - To appropriate release of development fees from 2 ay: Dote �� Trust Fund 850400 and transfer of these funds to Capital Outlay Fund 203100 for construction COUNTY D NIST of a new Fire Station 11 in Clayton. By: i ? BOARD PERVISORS'/ COMMISSIONERS YES: Commissioners Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier N0: None � Chief of Admin. Svcs . 6-25-97 SIGNATURE TITLE DATE 7 ,z 97 REVENUE ADJ. RA00 413486)am ler Depu 7 2/9 JOURNAL NO. 4 RBV. 2/ ,P. 3,8 BOARD OF.SUPERVISORS Allen Little, Fire Chief (l/�/'�/�j J� V�/ rft Costa DATE; July 22, 1997 cam SuBjEcT: Agreement between Contra Costa County Fire Protection District and Loving & Campos Architects Inc. for Architectural Services for Construction of a New Station 11 in Clayton. SPECIFIC REpUEST(S) OR RECommENDATION(S) !Y BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize Chair, Board of Supervisors, as the Chair, Board of Directors of the Contra Costa County Fire Protection District to execute an agreement with Loving & Campos Architects Inc. in the amount of$111,400 for architectural services related to design.development and preparation of construction documents for a new Station 11 in the City of Clayton. ' FINANCIAL IMPACT: It is estimated there will be approximately $1,168,000 to build new Station 11. Of this amount, $438,690 will be provided by Contra Costa County Fire Protection District Development Fee Trust Fund No. 850400 and $729, 310 from City of Clayton. BACKGROUND/REASONS FOR RECOMMENDATION: For a number of years, the Contra Costa County Fire Protection District, the City of Clayton and developers have been discussing the relocation of the current Station 11 to a better site within the City to efficiently serve planned new development and the existing area. This agreement provides for initial architectural services related to design development and preparation of construction documents for new Station 11, allowing the project to move to "Bid Package" stage which will be handled by Clayton. The new Station 11's construction will be a joint effort between the District and the City, with Clayton being the lead agency responsible for the station's construction according to District specifications pursuant to an agreement. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD, COMMITTEE APPROVE OTHER 1 ACTION OF SOARD ON A2! 1qq7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / 1 HEREBY CERTIFY THAT THIS IS A TRUE %/ UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES' . NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: . ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ContWt: Battalion Chief Bill Hess, 930-5500 ATTESTED --JJJJ fi r! _ CC: County Administrator, Attn: Terry McGraw PHIL B NT CHELOR. CLERK OF THE BOARD OI Contra Costa County Fire District SUPERVISORS AND COUNTY ADMINISTRATOI BY ,DEPtlTV M382 3 a ORIGINAL AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Sixteenth day of July in the year of Nineteen Hundred and Ninety Seven BETWEEN the Owner: Contra Costa County Fire Protection District (name and address) 2010 Geary Road Pleasant Hill, CA 94523 and the Architect: Loving & Campos Architects Inc. (name and address) 245 Ygnacio Valley Road, Suite 200 Walnut Creek, CA 94596 For the following Project: Fire Station #11, Clayton, California (Include detailed description of Project,location,address and scope.) A new wood framed, two bay fire station of approximately 5,230 square feet, to be located on approximately one (1) acre of the northwest corner of that property at the intersection of Clayton Road and Oakhurst Drive (extended), with Battalion Chief quarters, incombustible roof, and generally conforming to preliminary design documents prepared by Loving & Campos Architects Inc. dated 11/8/94. The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W.,Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 • ARCHITECT CONSULTANT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 1 ORIGINAL TERMS -1,dND CONDITIONS OF AGREEMENT BETWEEN OVER AN-D ARCHITECT ARTICL= 1 schedule or construction budget, the ArChiEC t shall prepare, ARCHITECT'S RESPONSiBWTIES for approval by the ORZler. Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to archicecttusl, Struc- rural, mechanical and three:l systems; rnatcials and such 1.1.1 The Architect's services consist of those scr ices per- other elements as may be appropriate formed by the Architect,Arehicec:'s ernolovecs and architect's 2.3.2 The Architect shall ad-Ise the Owns of any adjustments consultants as enumerated in ArtlGes 2 and 3 of this agreement and anv other scrvic= included in Article 12. to the preliminary estim2m of Construction Cost. 1.1.2 Tile Architect's services shall be performed as emedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiousiv as is consoicnc with professional skill and care and the orderly progress of the Work. Upon request of the Oaner, the 2.4.1 Based on the approved Design Development Doai- Architect shall submit for the Ow.='s approval a schedule for ments and any further adiusLmentS in the scope or quality of the performance of the A1ChiEC 's services which may be the Project or in the construc-lon budget authorized by the adjuster; as the Project proceeds. and shall include allowance Owner.the Architect shall prc^are,for approval by the Owner, for periods of time required for :.he Owner's reviex and for Construction Documents consisting of Drawings and Soecifica- approval of submissions by authorities haying jurisdiction over cions setting forth in de=fl the requirements for the construc- the Project. Time limits established by this schedule approved cion of cher Project. by the Owner shall not,except for m sonable cause,be eYcccded by the Arc^.itect or Owner. 2.4.2 Tile Architect shat'assist the Owner in the preparation of the necessary bidding inior=uon, bidding forms. the Condi- 1.1.3 The services covered by ch.s Agreemeac arc subject to dons of the Contract, and the form of Agreement between the the time limitations contained in Subparugraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 co previous prclirninar- estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cited by changes in require-nc:ts or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibilir- for filing documents required for 2.1.1 The Architect's Basic Se.•vices consist of those described the approval of governmentrd authorities having jurisdiction in Paragraphs 2?through 3.6 and any other services identified over the Project. ' in Article 13 as pan of Basic Services,and include normal struc- tural, mechanical and electrical engineering seances. 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 5.1 The Architect, follow Ing the Owner s approval of C truction Documents and of the latest preliminary es ' to 2.2.1 The Architect shall review the program furnished by the of C traction Cost, shall assist the Owner in obtaini bids Owner co ascertain the require-nc:s of the Project and shall or meg iated proposals and assist in awarding and epanng arrive at a mutual understanding of such requirements with the contracts r construction. Owner. 2.2.2 The Architect shall provide a preliminary e--aluadon of 2.6 CONST CTION PHASE—ADMIN( TION the Ow-ner's program. schedule and construction budget OF THE NSTRUCT10N CO CT requirements. each in terms of the other, subject to the limita- tions set forth in Subo=graph ;.'.?. 2.6.1 The Architect s soon_i0 1 Elk'to rovide Basic Services for the Construction Ph c undo Eh' to commences 2.2.3 The Architect shall revie-v with the Owner alternative with the award of the Co rac: f Construction and fermi- approaches to design and constructon of the Project. nates ac the earlier of the iss c to the Owner of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Pavmenc or 6 .s after the date of Substan- and consrruction budge, require rents, the ?,rrhicect shall tial Completion of the �t prepare. for approval by the 0-%m=. Schematic Design Docu- 2,6.2 The Architects protide a inistration of the Con- menu rat consisting of drawings and other documents illusting tract for Construcdo as set forth blow din the edition of the scale and relationship of Proje—a components. AIA Document 13 Geneal Conditions f the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction. rent as of the date of this ent, unless estimate of Construction Cost based on current area,volume or otherwise p rded in this Armes other unit costs. 2.6.3 Du ' .responsibilities and limitations of au th N of the 2.3 DESIGN DEVELOPMENT PHASE Archil shall not be restricted,modified or extende ithour wrist agreement of the O uric and Architect with co t of 2.3.1 Based on the approved Schematic Design Documents Eh Contractor, which consent shall not be unrcaso ly and anv adjustments authorized by the Owner in the program, ithheld. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEitENT•FOURTEENTH EDITION•AlAs •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 2 3.6.4 The krchitect shall be a repraentarivc of and shall advise quantity of the Work, (2) reviewed construction means. me• - an constuc with the Owner(I) during construction urin2&nal ods, tet;'zniaua.sequences or procedures,(3)reie-ved an enc ro tine Contractor is due, and(2)as an Addition!Sc- of requisitiorts received from Subcontractors and rnat� sup- vice a e ORTnc s direction from time to time during the mea- plies and oche data requested by the Ov;, i to sub trate rection zod described in the Contract for Construction.The the Connector's right to paymcm or(4)ascertained: w or for Ardulcc ,all have authority to as on behalf of the Owner what purpose the Contractor has used money ort oush•paid -3niy to the .cit provided in this Agreement unless odic:wse on account or the Contraa Sum. modified by 'rtci instrument. 2-6.11 The Architect shall have aurfnorin•to ,ea Work which 2.6.5 The Archi a shall visit the site at intervals appropriare does not conform to the Contra Docum ts. Whenever the to the stage of ;.ruction or as otherwise agrr_d by the :fir-_hitcc: considers it necasan' or adv' Ic for i-neienenta- Own= and . nitcc, in writing to become gene nv .rnaTrar tion or the intent of the Contract tis,the Archicca will with cher progress and uality of the Work completed and to have nuchorty io require additional' . .on or testing of the detrmine in general if th Work is being performed in a man- Work in accordance with the prow" ons of the Con=aa Docu- ner indicating that the Wor. when completed will be in actor- merits. whether or not such W- k is fabricated. installed or dance with the Contract Do mems. However, rhe A—:hitt- completer.However,nether ch authority of the.arc^,icea nor shall not be rc::uired to make c austivc or continuous on-site a decision made in good faith :thee to excrcisc or nor to exer- insoections EO check the oualiry quantity of the V7ori. On disc such authonty shall civ rise to a duty or respersibiliry of the basis of on-site observations as arc:nitect, the Architect the Arcnitca to the Con cmr, Subcontractors, mricial and shall ke:p the Owner informed of h progress and gt:ailrr of equipment suppliers, ti :r agcnrs or employees or other per- the Work, and shall endeavor to d the Owne_ 29M;nn sons performing portns of the Work. defects and deficiencies in the Work. tfore errensire sire reoresenranrn may be agreed to as an A 'tion!Ser,-ice as 2.6.12 The Archi ct shall review and approve or :arc other described in Paragraph 3.2.) appropriate acti upon Contractor's submittals such as Shop Drawings. Pro uc: Dara and Samosa. but only for u'.c limited 2.6.6 The AldliteCt shall not have control over r C.,.arge of Purpose Or e=king for conformance with inforracon given and shall not be responsible for construction meat ct. ods, and the d ign concept expressed in the Contra Documents. tec'zniques. sequences or procedures.or for safety p utions fit Ar ' itect's action shall be taken with such reasonable and programs in connection with the Work, since arc Prom as as to cause no de:ay in the Wort: or in the con solely the Contractor's resoortsibilir• under the Conry for sau on of the Owner or of separate contractors. whiie allow- Construction. The Architect shall not be responsible for a sufficient time in the Architect's professional jud2men[ to Contractor's schedules or failure to crry out the Work in a it adequate revic v. Review of such submit*.,Ls is not con dance with the Contract Documents. The Architect shall not ducted for the purpose of dere..nining the accuracy and com- have control over or charge of acts or omissions of the Con=e- piereness of other details such as dimensions and q=nriaes or ."[or, Subcontractors, or their agents or ezlployc=, or of any for subs.ciadng instructions for installation or pc^ormance of ocher persons performing portions of the Work. uipmenc or systems designed by the Contractor,all of which r the responsibility of the Contractor to the extent 2.6.7 T he Architect shall at all timer have access to the ork rea cd by the Contract Documents. The Archiic-"s review wherever it is in preparation or progress. shall t constitute approval of safe:i• precautions or, unless oche-w' specifically stated by the Architect, of contr suction 2.6.8 Except as may Otherwise be provided in ch Cont:-.ct means, m hods, techniques. sequences or procedures. The Documents or when direct communications ha been spe- Architects prov2I of a specific item shall not indicate ciallv authorized, the Owner and Contractor sh commumc=c approval of assembly of which the item is a component. through the Architect.Communications by an with the Arcai- When professio ce. iication of performance characteristics tea's consultants shall be through the Arch ect. of matcnais,syst or cgWpmcnr is required by the Contract Documents. the err icer. shall be entitled to rely upon such 2.6.9 Based on ncc Archi[CCt"5 obscrt•at- ns and evaluations of certification to establ' that the m2icnals, systems or equip- the Contractor's Applications for Pay enc, the Arc:utr_. shall mens will meet the peer ante cnccn2 required by the Con- review and certify the amounts due a Contractor. tea Documents. 2.6.10 The .architect's cc tifica ' n for payment shall COMM- 2,6.13 The Architect shall o arc Change Orders and Con- fute a representation to the O •ner, based on the Architect's suucdon Change Directives. w z supporting documentation observations at the site as pr ided in Subparagraph ?.o., had and data if de_red necessary by e Ard-i tea as oroyided in On the data comprising Contractors Application for Pay- Subparagraphs 3.1.1 and 3.3.3, for ' e Owner's appro.:l and merit. chat. to the best o the .architects knowledge. inicrma- execution in accordance with the niraa Documents, and tion and belie,'. the ago has progressed to the point indicated may authorize minor changes in the ork not involving an and the quality. of •' rk is in accordance with the Contact adjustment in the Contract Sum or an cote ion of i e Contrera Documents. The f regoing representations are subject to an Tunc which are not inconsistent with the in t of the Contract evaluation of th Work for conformance with the Contra Documents. Documents up n Substantial Completion, to results of subse- quent tests inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections de ermine tram Do cats correctable prior to completion and to spe- the date or dares of Substantial Completion and the -re of final cific q ' cations expressed by the Architect.The iss=c--of a completion, shall receive and forward to the Own for the ,.. Certifi a for Pa—Hent shall further constitute a represcuarion Owners review and records written warranties and ted that a Contractor is entitled to payment in the amount=ti- documents required by the Contract Documents arld - fie Howey=, the issuance Of a Cenifictle for Pxymeu stall bled by the Contractor,and shall issues final Certifieue for y- n be a representation that the Architea has(1)made e_c)z=s- merit upon compliance with the requirements of the Contra ve or continuous on-site inspections to check the quality or Documents_ AIA DOCUMENT 8141 • OWNER-ARCHTTECT AGREEMENT• FOURTEaTM MMON•AU6 •01987 3 8141-19S7 THE AmMUC AN I arrrtTfE OF ARCHITECTS.1735 NEW YORK AVENUE.N.M.WASKENGT'ON,D.C.20006 WAnpimr-Antic ensed ohatocowina viabaes US.coovright laws and is subject to legal Prosecution. 2.6.15 T'he Arehicecc shall inccpret and decide mattes eo 323 Through the observations by such Project Reptesen- c g reTormancc of the Owner and Con=c'or undo a cuves. the Aschicect shall cndcavor to provide furrhcr prorec- rca ctzcrs of cher Contrc:Doczunezts on7= hrissc of cson for he Owner:against de ccs and dc8cicncies in the Work, either- he Owner or Concrc or. The Archto but the furnishing of such project representation shall not such r ests shall be made with reasonablnd modift the rights,responsibilities or obligations of theArrhicect within ani " c limits agrccd upon. as descibcd c!sewhe:c in this Agrecnent. 2.6.16 Inr= moons and decicsions of thebe3.3 CiJNT1NGE.rIT ADDITIONAL SERVtC�.Sconsistcc, ich airirnc of and resolyhe Contrrc: Cecum and shall be in wri' or in the form of 3.3.1 Making revisions in Drawings, Spccific=dcns or other drawings. When ' g such inccper^ ons and initial deci- doci:encs when such revisions arc sions. rhe Archicca s endeavor c secure faithful. prior- - - mance b�both Owns Com=e ,shall nor show partiaiiry .1 inconsistent with approv is or instrucions previously co either. arid shall nor be • is f results of ince:prections or given by the Owner, including revisions rnade neces- dersions so ccide.^ed in goo ch. smy by adjustments in the Owners program or Proj- 2.6.17 The Architect's de ' ns n macrers relating to aesthe- qct budget; tic eifec:s ail be final if c iscenc nth the intent expressed in -2 required by the enacrmcnt or revision of cedes,laws the ConL=_ Documen or regulations subsequent to the prep amdon of such documents: or 2.6.18 T~e Arehice^ shall minder wrist n decisions within a reasonable:ble::erne o claunu,disputes or o e:matters in quer- .3 due to changes required-a msuic of the Owner's fail- don berwc= rah Owner and Contr•cror reta ' g to the etecr- ure to render decisions in a timely manner. cion .or circ of the Work as provided the Contact Docume^s 3.3.2 Providing services required because of signifCZIE 2.6.19 c Architect's decisions on claims, disput r other c:rianges in the Project including, but nor limited to. size,qual- mane r.Cuding those in question between cher Ow and icy. ccrrnplexiry, the Owners sche nitc,or the method of bid- Conmat .c or, e:ccepc for those re'.a ting co teethe is effec, 2nd ro- ding or negouactng and concrac-.ing for construction,except for services required under Subparagraph 5.2.5. vi d in Subparagraph 2.6.17,shall be subject to arbit=mtio ovided in this 3grcwncnc and in the Contract Docu mennrs. 3.3.3 Preparing Drawings, SpedEmrions and orhe:documcn- ration and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Conscnnction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in conne-mon with evaivaring substi- v tubons proposed by the Concr:cor and making subsequent 3.1 GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not: included 3.3.5 Providing consultation cone:nirn re lacernent of Work er in Basic Services unless so identified in Article 12,and they shall damaged by fire or other cause duringc onsrrucion, and fur- be paid for by the Owner_ as provided in this Agreenezt, in rushing services required in tonne eon with the replacement addition to the compensation for Basic Services. The services of such Work described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the dcl�iult of the described under Contingeric Additional Services in Parag=h Contrcor,by major defects or de.:iccncies in the Work of the 3.3 are requited due to esalmstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control. rite Architect shall notify the Owner prior to com- Contractor under the Contract for Consuucrion. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner c'auns submitted by the Contractor or others in connection indicates in wriung that all or part of such Contingernc Addi- with the Work. cional Sen ices are not required,the Architect shall have no obli- 3.3.8 Providing services in connemon with a pcciie-hesanr, gacion to provide those services. - legal proc-eding excc?c where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Archice—ct is party thereto. SERVICES 3.3.9 Preparing documents for aitemacc,separate or seque EW 3.2.1 If more extensive r=rerc^t3Eion at the site than is bits or providing services in conne:3on with bidding,negoda- described in Subparagraph 2.6.5 is required, the Architect shall don or construction prior to the comolecion of the Construc- provide one or more Project Rearescntauves to assist in carry- cion Documents Phase. ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Projc= Representatives shall be selected,employed and 3.4.1 Providing analyses of clic Owner's needs and ro directed by the Architecr, and the Architect shall be compen- g Y P gr=- sated the :,or as agreed by the Owner and ArchicecL The ming the requirements of the Project. duties, responsibilities and limirations of authority of Project 3,4.2 Providing financial feasibility or other special studies. Represenctivcs shall be as described in the edition of ALA Document B352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or com- otherwise agreed. partitive smdics of prospective sins. ALA DOCUMENT 8141 • OWNER-ARCHMCr AGREEMENT•FOEIRTEWM*EDMON•ALA* •01987 THE AMERICAN INSTMJTE of ARCHMCrS,1735 NEW YORKAVE RM N.W.,WASHINGTON,D.c 20006 13141-19137 4 weaNrur.•irni&ftmned ehatoeoovina Violates LLS.covOgm laws and Is subject to legal prosecutom 3.4.4 Providing soedal surveys• environmental studies and 4.2 The Owner shall establish and uodatc an overall budget for submissions required for acorovais of govcnrneztal authorities the Proje^.including the Consuucion Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingences acted to all of these costs. j 3.3.5 Providing services rcative to future ftclities, systems; 4.3 If requested by the Archirccr,the Owner shall furnish cvi- and equipmer. deice thac financial arrangements have ban made to fulfill the 3.4.6 Providing services to invesupte e.-usring conditions or Owner's obligations under th°s Agrce;au. facilities or to make measured dzm ings thereof. 4.4 The Owner shall dcsignace a reprmcntadve authorized to 3.4.7 Providing services to verify the accuracy of drawings or ac: on the Owner's behalf with respect to the Project. The other inforrauen furnished by the Owner. Owner or such authorized represcicdve shall re-der decisions in a dmc!v manner perraining to doeumentsTubmitrcd by the 3.5.8 Providing coordination of construc ion performed by arc ute^ in order to avoid unresonabie dery in the orderiy separate conr.mcors or by the 0,wnCf s own forces and cocrdi- and secueida! progress of the Archicec•s services. nation of se::-ices requited in connection with corucruction performed a:.d equipment supplied by the Owner. 4.5 The Owner shall furnish survr.-s describing physical 3.4.9 Providing services in connec:.'on with the work of a con- charac:c:sucs,legal limitations and utilin•locations for the site of the Project, and a written legal desciocion of the site. The scner.n manager or s=parer= consuItancs retained by the surveys and learn information shall include, as applicable. Owner. grades and lines of scrccs, alleys. pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. proee^r and scrucrures; adjacent dr..imge; rights-0f--way, restart ions, casernents, encroachments, zoning, deed res ric- 3.4.11 Providing detailed quantity survc n or inventories of dons. boundaries and contours of the site; locations. dimez- material• ecuipmenc and labor. sions and necessary data prraining no=.sting buildings. other 3.4.12 Providing analyses of Owning and opemcing costs. imerovemcnts and trees; and informaden concerning available ucilit- services and lines, both public and private. above and 3.4.13 Prov'd?.ng interior design and other similar services below garde including inverts and de^chs.All the information recuired for Or in connection with u.e se'-cction, procurement on the survev shall be referenced to a Project benc.�imark. or installation of furniture, fumishirgs and re!aced equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. ne--s when such services are recuested by the ArchitCCr. Such 3.4.15 Making investigations, inv=ccries of macercl s or equip- sear ices may include but are not limine' to test borings, test meat. or vaivarions and detailed appraisals of existing faclides: pits, de:rminadons of soil bearing values, percolation tau, c-:aivacions of h=dcus mace.iais•ground corrosion and renis- 3.4.16 Preparing a set of reproducble record drawings show- tivicy tests. including necessaroperations for anticipating sub- ing significant c`ianges in the Work made during construction soil conditions, with report's and appropriate professional based on m=--ked-up prints, drawings and other data furnished recommendations. by the Concrcor to the Archicec. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tans when such services are reasonably required by the scope Systems 5uc:`1 as testing,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for 4.7 The Owner shall furnish structural.mechanical. chemical, operation and maintenance,and consultation during operation. air and water pollution tests, cats for hazardous materials,and 3.4.18 Providing services after issuance to the Owner of the ocher laboratory and environmental tests, inspections and final Certificre for Pavmenc, or in the absence of a final Cer- reports required by law or the Contras:Documents. cificate for Pavmcnt. more than 60 days after the date of Sub- stantia! Compietion of the Work. 4.8 The Own..shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other than archi- counseling services as may be necessary at any time for the i Project• including auditing services the Owner may require to cectural. strueur..t. mechanical and cectricai engineering pot- ve::fti•:he Contractor's Applications for Payment or CO ascertain tions of the P:Oiec: provided as a part of Basic Services. . how or for what purposes the Contraeor has used the money 3.4.20 Providing anv other services nor oche-wise included in paid by or on behalf of the Owner. this Agrecrne^c or nor cusromariiN. famished in accordance 4 g The services,information,surveys and reports required b Rich gcncril accepted archicec:urai practice. eP q y Paragraphs 4.5 through 4.3 shall be fumishcd at the Owner's e.1coense. and the Archicecr shall be entitled to rely_ upon the accuracy and completeness thereof. ARTICLE 4 4.10 Promoc written nonce shall be givcl by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBIUTIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide Full information regarding 4.11 The proposed language of certificates or ccrtdficauons requirements for the Project, including a program which shall requested of the Architect or Araucecds consultants shall be set forth the Owner's objectives,schedule,constraints and cri- submitted to the Architect for reti-iew and approves!at least 14 terra, including space requirements and relationships, fled- days prior to=ecution. The Owner shall not request cezufica- bdicy, ccpandabillry, special equipment, systems and.site dons that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•A1A19 •©1987 Jr 8141-1987 THE AMERICAN INSTITUTE OF.ARCHITECTS,1735 NEW YORK AVENUE,N.W WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U&copyright laws and is subject to legal prosecution. ARTICLE 5 .3 if the Project is abandoned lCrMinate in accordance with P=gruph 9.3: or CONSTRUCTION COST .4 cooperate in cc%-ising the Project scope and quality as 5.1 DE=iNIT10N required to reduce the Construction Cost. 5.1.1 The Construction Cost shall be the coca! cost or csti- 5.2.5 If the Owner chooses to proceed under Cause 5.2.4.4, mated cost:o the Owner of all e.en:c:ts of the Projer designed the Arc:'hicect. withow ad4kiem' shall modify the Con- Or specifiC'. by the AtGliteG. tract Documents as neces5ary to comply with the rmcd limit,if established as a condition of chis Agarnent.The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the architect's market rates of labor and macert Ls vanished by the Owncand responsibility arising out of the establishmcar`of a fLCed IimiL equipment designcd, specified. se'.ecrd or specially prodded The Archirecr shall be en ided to compensation in accordance for by the arcfhicecr, plus a reason:bie alloR ante for the Con- with this agrecnenc for all se-icc periormed wheher or not tnc:or's overhead and profit. In addition, a reasonable allow- the Construction Phase is commelc-,t ante for certingenc:es shall be incl--ded for market conditions at the cimc of bidding and for c:.anges in the Fork during construction. ARTICLE 6 5.1.3 COMEruc:ion Cost dors noc ine:ude the comocaation of USE OF ARCHITECT'S DRAWINGS, the Archiiec: and Architec:'s consultants. the costs of the!and, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way. rinancng or other costs which arc the respon- sibiiicy of the Owner as prodded in article 4. 6.1 The Drawings. Specificauons and other dwunents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Projr_;arc instruments of the Architect's service for use solely with respect to this Project 5.2.1 E':aluations of the Ownc:'s Project budget. pre5minary and. unless otherwise provided. the Archicecr shall be deemed Cstimates Of Construction C051 and -It—ailed C5t1mace5 of Con- the author of these documents and shall retain all common law, srrucrion Cost, if any, prepare- by :;.e Archircc:. represent the Statutory and oche: reserved rights, including the copyright. Architect's best judgment as a daig^professional f=•miii2r with The Owner shall be permitted to retain copies,including repro- the construe:ion industry. It is recognized, however. that nei- ducibie copies, of the architect s Drawings, Spec4fieztions and rile:the Architect nor the Owner hes control over the cost of other documents for information and reference in connection labor, materials or equipment. over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining bid prices,or over competitive bidding, market tea's Drawings,Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on ocher projects,for additions to and does not warrant or represent drat bids or negotiated prices this Projec:or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in deiaulc under this Agreement, estimate of Construction Cost or cvalu2don prepared or agreed except by agreement in writing and with appropriate compen- co by the Archicecr. sation to the Architect. 5.22 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreeancc by the furnishing,proposal or regulatory requirements or for similar purposes in connection Cstabli5hmenc of a Project budget. unless such fixed limit has with the Project is noc to be construed as publication in deroga- beea agreed upon in writing and signed by the parties hereto.If cion of the Architect's reserved rights. such a fi.:ced limit has been established, the Architect shall be permitted co include contingencies for design, bidding and price escalation, to determine:what materials,equipment,com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to inCude in the Contract Doan- ARBITRATION mems alternate bids to adjust the Construction Cost to the axed limit. Fixed limits. if any,shall be increased in the amount of an Claims, disputes or other matters in qucsuon berwcen increase in the Contract Sum occurring after execution of the p� to this Agreement arising out of or relating ro thisgree- Contract for Construction. meat o ' reach thereof shall be subject to and decide y arbi- 5.2.3 If the Bidding or Negotiation Phase has nor commenced cration in cordance with the Construction Ind, ry Arbicra- wichin 90 days after the ArC:niEC-: submits the Construction cion Rules of e American :arbitration Associa ' n c urrendy in Documents co the Owner, anv Projr-budget or fixed limit of effect unless the ies mutually agree oth ise. Construction Cost shall be adiuste-1 to reflect changes in the 7.2 Demand for arbi tion shall be cd in wnEin with the general level of prices in the construclon industry between the other parry co this Agro... c with the American arbitra- date of submission of the Construcion Documents to the con Association.A demand itrauonshall be made within Owner and the date on which proposals are sought. a reasonable time after dispute or other maser in 524 If a fhced limit of Construe on Cost (adjusted as pro- question has arisen.In event c demand for arbitration vided in Subparagraph 5.2.3) is =--c—Jed by the lowest bona be made after the to when institutio of legal or equitable fide bid or negotiated proposal the Owner small proceedings b on such dainn, dispute other matrer.in .1 give written approval of an increase in such fixed question wo be barred by the aoplicble scuu of limicatioais. Ilrinat: 7.3 N bicration arising out of or relating to this ent .2 authorize rebidding or renegotiating of the Project 5 elude,by consolidation,joinder or in any other Cr, within a reasonable time; additional person or endry noc a parry co this Agreem t, AIA DOCUMENT 8141 •OWNER-AR0=r_CT AGREEMENT•FOURTFEI M EDITION•AIA* •©1987 THEAMERIC AIN INSTITUTE OF ARCHITECTS,1735 NEW YORKAVEra1E,xw,WASHINGTON,D.C.20006 8141-1987 6 WARNING:Unlicensed photocopying viou tas U.S.copyright laws and is subject to legal prosemsthm 7qZenc by written conscnr conraining a specific re.:eence 2 Ten percent of the coral compensation for Basic and this . diene signed by the Owns. Amlikecr,and any Cr kddi ion ai Sc-ice cored to dace if ccminadon person entity sought to be joined. Consent to ia=on occurs during the Design Cridopmenc Phase or involving an ditionai person or ertiN shall t constitute .3 Five percent of the coral compensation for Basic and consent co arbi n of any ci im. disput r other mater in Additional Services cored to date if ce: inadon question nor describe ' the written enc or with a person occurs during any subscquezt phase. or enncity not named or d -abet'. rear.The foregoing agree- ment to arbicruEe and ocher -r_-a=irs to arbicr=c widh an additional person or cid my red to by the parties to this kgre-_-ncnc s soecuclly c. cable in secotd=ce ARTiC1.E 9 with aoofic-..ble i in .any courr:laving ju ' 'ration thereof. MISCELLANEOUS PROVISIONS 7.4 The .rd rendered by the arbitrator or arbi .. rs shall be Fin d judgment may be entered upon is in actor - -with 9.1 Ur-Icss otherwise provided. this kg c--nc E shall be gov- piicable law im anv court having jurisdiction chceof. c-'ned by the law of the pnncpal place of business of the ' Atc.`nicr-:- 9.2 Terms in this AgrecmenC shall have the same mewing as ARTICLE 8 those in •SLA Document .1,20 1. Gc ncr..l Conditions of the Con- tract for Construction,current as of the date of this.kgrc--ncnc. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 C:uscs of action between the parties to this kgre=ncnc 8.1 This .agree ne.^.c may be =iminamd by tither parry upon pert iriung cc acs or failures to act shall be dined to have nor less than seven days' written notice should the other party accrued and the applicable sratuces of limicuons shall com- fail substantially to perform in accordance with the tarns of this me ice co tun not lacer than cache:the dace Of Substantial Com- [ad through no fauic of the✓arty imbating the ccmirration. pletion :or acts or failures to act occurring prior to Substanciai Comeic_on, or the dace of issuance of the final C--mficate for 8.2 if the Project is susoendc-.i by frac Owner for more than 30 Pavmenc for acs or failures to act occurring atter Substantial consecutive days. the ArchiEect shall be compensated for ser- Comoietion. vices performed prior to notice Of such Suspension. When the 9.4 rhe Owner and Archite- waive all rights against each Project is resumed, the Arc-hirr-'s compensation shall be equi- tably adjusted toi provide for e�n�incurred in the intr_rup- ocher and against the contractors. consultants, agents and tion and resumption d the ASG-'.itet''s se vices. e•molove-ts of the other for damages.but only to the extent cov- Bred b'- property insurance during consuucdon, except such 8.3 This Agreement may be ce:zm=red by the Owner upon rights as they may have to the proceeds of such insurance as set nor less than seven days' written notice to the Architect in the forth in the edition of AIA Document A301,Gene-ul Conditions event chat the Project is permanently abandoned. If the Project of the Contract for Construction,current as of the date of this is abandoned by the Owner for more rhan 90 conSccuEive days, Agrce-nenc.The Owner and kmhicca=h shall require similar the Architect may terminate chis Agreement by giving wdaen waives from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owner to make pavmants to the:Architect in their partners, successors, assigns and tragal representatives to accordance with this Agreement shall be considered substantial the ocher parry to this Agreement:and to the partners, succ=- nonperformance and cause for cermination. sons, assigns and le,731 represencdves of such other parry with 8.5 If the Owner fails cc make oavment when due the:Archi- respec to all covenanu of this Agre-nent. Neither Owner nor Archite^shall assign chis fAgrrenncnt without the written con- vect for services and expenses. the Architect may, upon seven sent of the other. daps' written notice to the Owner.suspend performance ofser- vices under this Agreement. Unless oavmenr in full is received 9.6 This Agreement represents the entire and integrated agree- bv the Archicect within seven da-v5 of the date of the notice.the ment between the Owner and :Architect and 5uoer5edes all suspension shall cake effect w-ichout blither notice.In the event prior aegociadons, representations or agreements, either wric- of a suspension of services, the krchicecr shall have no liability ten or ural. This Agreement may be amended only by written to the Owner for deiav or damage caused the Owner because instrumc.:nc signed by both Owner and Architect. of such suspension of services. 9.7 Nodning contained in this Agrcencnt shall create a conrrac- 8.6 In the event of cezninacion ncr the fault of the Archice:r, cual reaonship with or a cause of action in favor of a third chc Architect shall be compensated for services performed prior party against either the Owner or Archicca. to termination. cogecher with Reimbursable Expanses cher!due 9.3 Unless and all Tc-minacion Expenses as deruned in Paragraph 8. Unless Odie^vise provided in this Agree�nenc,tike Architect 7. and krchdxca s consultants shall have no resoonsibillm for the 8.7 Termination Expenses are in addition to compensation for discovc•, presence, handling, removal or disposal of or coo- Basic and A,dditionai Services, and include expenses which are sure of persons to haznrdous materials in any form ar the Project direcrly art ibumbic to termination.Termination Expenses shall site ircuding but not limited to asbestos, asbestos products, be computed as a percentage of the coral compensation for polychlorinared biphenvi(PCB)or other cont:substances. Basic Services and Additional Services earned to the time of ter- mination, as follows: 9.9 The Architect shall have the right co include representa- tions of the design of the Projem including photog1=PftS Of the .1 Twenty percent of the coral compensation for Basic cttennor and interior, among the Architect's promotional and and Additional Services earned to date if termination professional materials. The Architect's materials shall not occurs before or during the predesign,site analysis,or include the Owner's confrdendai or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 •OWNER-ARG*iTiECT AGREEMENT•FOURTEENM EDMON•AIA* •@1987 7 8141-1987 THE AMERICAN INSTITUTE OF ARCdrrECTS,1735 NEW YORK AVENUE.N.W WASHINGTON,D.C.20006 the specific information considered by the Owner to be confidential 103 PAYMENTS ON ACCOUNT OF BASIC SERVICES or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials 10.3.1 An initial payment as set forth in Paragraph 11.1 is the for the Project minimum payment under this Agreement. 103.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services ARTICLE 10 performed within each phase of service, on the basis set forth in PAYMENTS TO THE ARCHITECT Subparagraph 11.2.2.. 103.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this agreement is exceeded or extended through no fault of the Architect, Compensation for any services 10.1.1 Direct Personnel Expense is defined as the direct salaries rendered during the additional period of time shall-be computed in of the Architect's personnel engaged on the Project and the Portion the manner set forth in Subparagraph 113.2. of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other 103.4 When compensation is based on a percentage of statutory employee benefits, insurance, sick leave, holidays, construction Cost and any portions of the Project are deleted or vacations,pensions and similar contributions and benefits. otherwise not constructed, compensation for those portions of the project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in 10.2 REIMBURSABLE EXPENSES Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received, 10.2.1 Reimbursable Expenses are in addition to compensation the most recent preliminary estimate of Construction Cost or for Basic and Additional Services and include expenses incurred by detailed estimate of Construction Cost for such portions of the the Architect and Architect's employees and consultants in the Project. interest of the Project,as identified in the following Clauses. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL 10.2.1.1 Expense of transportation in connection with the SERVICES Project;expenses in connection with authorized out-of-town travel; long distance communications;and fees paid for securing approval 10.4.1 Payments on account of the Architect's Additional of authorities having jurisdiction over the Project. Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered 10.2.1.2 Expense of reproductions, postage and handling of or expenses incurred. Drawings,Specifications and other documents. 10.5 PAYMENTS WITHHELD 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other 10.2.1.4 Expense of renderings,models and mock-ups requested sums withheld from payments to contractors,or on account of the by the Owner. cost of changes in the Work other than those for which the Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance,requested by the Owner 10.6 ARCHITECT'S ACCOUNTING RECORDS in excess of that normally carried by the Architect and Architect's consultants. 10.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the 10.2.1.6 Expense of computer-aided design and drafting basis of a multiple of Direct Personnel Expense shall be available equipment time when used in connection with the Project. to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of Zero Dollars($ -0- ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 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: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Lump sum of One Hundred Eleven Thousand Four Hundred Dollars and no/100($111,400:00) AIA DOCUMENT B141 • ARCHITECT CONSULTANT AGREEMENT • FOURTEENTH EDITION • AIA • 41987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Re-Use Fee: $31,500.00 percent(28.3%) Design Development Phase: $10,500.00 percent(9.4%) Construction Documents Phase: $69,400.00 percent(62.3%) Bidding e&Neget}atieit Phase. 4 Not Insl„ao' pem ^fie) Gang"etion Pkitse: -9 Not ft3 Total Basic Compensation: $111,400.00 one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: Multiple of direct personnel expense according to rate schedule attached as Attachment A. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1)Additional Project Representation, as described in Paragraph 3.2, and(2)services included in Article 12 as part of Basic Services,but excluding services of consultants,compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required Identify specific services to which particular methods of compensation apply, if necessary.) 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS,including additional structural,mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One& Fifteen One Hundredths (1.15)times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One & Fifteen One Hundredths (1.15 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Twelve ( 12)months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Thirty (30) days after the invoice 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. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT B141 • ARCHITECT CONSULTANT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITE('TS,1735 NEW YORKAVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 9 • 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.01 Preliminary Design Phase includes 5 meetings with Owner, and/or Officials of the City of Clayton. Meetings beyond 5 are additional services to be billed on an hourly basis. 12.02 Design Development Phase includes 5 meetings with Owner and 3 meetings with the City of Clayton. Meetings beyond these are additional services to be billed on an hourly basis. 12.03 Agreement is based on a single general construction contract. 12.04 Architect is entitled to additional services for Construction Administration when initial construction contract time is exceeded by more than 20% through no fault of Architect. 12.05 As-built drawings are additional services. (The review of Field Record Drawings is a part of basic services.) 12.06 Presentation models, fire protection engineering, acoustical engineering, traffic engineering, off site utility design, etc., or reports, soils reports, cost estimating, off site civil/landscape design, traffic signal work and the like are additional services. 12.07 Program Verification Report constitutes additional services. 12.08 Excessive written requests from contractor for information of clarification of contract documents constitutes additional services. 12.09 Jerry Loving and Carl Campos may not be able to personally represent this project at every meeting. Gary Willoughby, Architect, and other senior project managers will be available to represent the project. (Continued through 12.14 on page 11 of 11 pages total.) V)&LI- This Agreement entered into as of the day and year first written Bove. OWNER ARC S ,,a, (Signature) (Sig ure) Allen Little, Fire Chief Carl E. Campo7osArchitects dent Contra Costa County Fire District Loving& Cam Inca (Printed name and title) (Printed name and title) Chair, Board of Supervisors Mark DeSaulnier AIA DOCUMENT B141 • ARCHITECT CONSULTANT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THEAMERICAN INSTITUTE OFARCHUECTS,1735 NEW YORKAVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 10 Article,12 Continued: 12.10' Notwithstanding any other provision in this Agreement to the contrary, nothing herein contained shall be construed as 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 obligating the Architect to exercise professional skill or judgement greater than that which can reasonably be expected from other architects under like circumstances; or (except as expressly provided herein) an assumption by the Architect of the liability of Owner. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Owner or Architect. 12.11 The Architect shall cause to be taken out and kept in full force and effect during the term of this Agreement a policy in form and content satisfactory to the Owner which shall indemnify the Owner against errors and omissions or malpractice by Architect. Said policy or policies shall provide liability coverage in the amount of Five Hundred Thousand Dollars ($500,000.00) per claim, and a deductible provision of not more than Fifty Thousand Dollars ($50,000.00), and one Million Dollars ($1,000,000.00) aggregate. 12.12 Indemnity: Architect, in performance of professional and technical services under this Agreement, shall indemnify, defend and hold harmless the "Owner, their governing board, directors, officers, employees and agents from any loss, injury, damage, expense and liability to the extent arising out of the negligence of Architect, its employees, subconsultants or agents. For liability for other than arising out of professional and technical services, Architect shall indemnify, defend and hold harmless, the Owner, their governing boards, directors, officers, employees and agents from any loss, injury, damage, expense and liability resulting from injury to or death of any person and loss of or damage to property, or claim of such injury, death, loss, or damage, caused by an act or omission in the performance under this Agreement by Architect, its employees, subconsultants or agents, excepting only loss, injury or damage caused by active negligence or omissions of personnel employed by the Owner, except for Architect. This indemnification clause shall survive any termination of this Agreement. The Architect's obligations under this section shall be independent and not in derogation of Architect's obligations and proceeds of any insurance provided under Section 3.7. 12.13 No fixed limit of construction cost shall be established as a condition of this agreement. Revisions to Construction Documents, Specifications or other documents related to the project, necessary by adjustments in the Owner's program or project budget, are not included in this agreement as Basic Services. This work will be provided as described in Article 3 of this agreement. 12.14 This agreement is contingent upon the timely execution of the parallel and integrated agreement for services between Loving & Campos Architects Inc. and the City of Clayton.