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HomeMy WebLinkAboutMINUTES - 05131997 - C50 TO: BOARD OF SUPERVISORS :' fi CONTRA n• - , COSTA FROM: Phil BatchelorCOUNTY County Administrator ';• �.H -LL ,,ti��o oosrA,coori'r`;c4` DATE: May 13, 1997 SUBJECT: EXECUTION OF AGREEMENT FOR THE DESIGN OF A NEW FIRE STATION (STATION 87) IN PITTSBURG SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONM. APPROVE and AUTHORIZE the Chair, Board of Supervisors, as the Board of Directors of the Contra Costa Fire Protection District, to execute an agreement with Loving & Campos Architects, Inc. in the amount of$65,970 for design and construction development services related to a new fire station (Station 87) in Pittsburg. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On November 5, 1996, the Board of Supervisors approved an agreement with the City of Pittsburg for the funding and operation of a new fire station (Station 87) in the City. On May 6 , 1997, the County Administrator provided the Board with the attached report recommending the approval and execution of agreements for the design and construction of a new fire station (Station 87) in Pittsburg. After discussing certain aspects of the proposed new fire station having to do with the proper location and the long-term operational funding of the station, the Board referred the issue to the Finance Committee for review. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF WARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON q,97APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A V UNANIMOUS(ABSENT ► TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:T.J.McGraw,335-1055 Wim`' 13 ATTESTED PHIL BATCHE R,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: CCC Fire Protection District �/ l County Counsel B Aj5 W The May 6th recommendations involved two separate agreements. One agreement is with Loving & Campos Architects, Inc. for station design and the development of construction and bid documents. The other agreement, with the City of Pittsburg, is for the actual construction of the station. While it was appropriate to defer action on the construction contract pending further review of the project by the Finance Committee, we believe that the architectural agreement with Loving & Campos should be approved for payment since the work covered by the agreement has been completed. 2 s C . 79 ` Contra .:•� ti•L .ti ,.. Costa TO: BOARD OF SUPERVISORS a. a� FROM: PHIL BATCHELOR County�'`-� •�`` County Administrator 1 DATE: May 6, 1997 SUBJECT: EXECUTION OF AGREEMENTS FOR THE DESIGN AND CONSTRUCTION OF A NEW FIRE STATION (STATION 87) IN PITTSBURG Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATION: APPROVE and AUTHORIZE the Chair, Board of Supervisors, as the Board of Directors of the Contra Costa County Fire Protection District, to execute agreements related to the construction of a new fire station (Station No. 87) in Pittsburg with Loving & Campos Architects, Inc. , for $65,970 and the Ciity of Pittsburg for approximately $1,200,000. REASONS FOR RECOMMENDATION/BACKGROUND: On November 5, 1996, the Board of Supervisors approved an agreement with the City of Pittsburg for the funding and operation of a new fire station (Station 87) in the City. The station construction cost is funded by development fees generated in the City and the unincorporated area to be served by the new station and Contra Costa County Fire District fund balance. The construction funding was budgeted by the Board on November 19, 1996 . The annual operations cost will be funded initially by an allocation from the City of $3.3 million in redevelopment money. The November 1996 agreement with the City provided the basic framework for the funding and construction of the new station which included the agreement that the City would administer the construction project as specified in a subsequgnt agreement to be developed by the City and the District. The agreement also required the District to provide the City with completed plans for the station construction. i Accordingly, agreements with Loving & Campos Architects, Inc. for the preparation of construction plans and with the City of Pittsburg for the administration of the construction project are recommended for approval and execution to enable the project to proceed. i Continued on Attachment: YES Signature: Recommendation of County Administrator !' Recommendation of Board Committee Approve Other Signature(s) : Action of Board on: Approved as Recommended Other y 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 coo00-0 made as of the FOUL eelftf L SIX%# day of —Febraazp—M A Y 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 #87, Pittsburg, California (Include detailed description of Project;location,address and scope.) A new wood framed, stucco clad, two bay fire station of approximately 5,230 square feet, to be located on approximately one (1) acre of the westerly end of that property known as "Stoneman Park" on Leland Road, with Battalion Chief quarters, incombustible roof, and generally conforming to preliminary plans prepared by Loving & Campos Architects Inc. dated 8/9/96. 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.MW6 B141-1987 1 ORIGINAL-1 . TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNTER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents EO fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- viral, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those ser•ices per- other elements as may be appropriate. formed by the Architect,Architect employees and Architect's 2,3.2 The Architect shall advise the Owner of anv adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and anv other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. upon request of the Owner,the 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for ments and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner,rhe Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specificr- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construc- the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility• for filing documents required for t 1.1 The Architect's Basic Services consist of those describ the approval of governmental authorities having jurisdiction graphs 2.2 through 2.6 and any other services iden ' ed over.[he Project. In. e 12 as part of Basic Services,and include no c- rural, chanical and electrical engineering services. � .2.5 BIDDING OR NEGOTIATION PHASE 2.2 SC MATIC DESIGN PHASE (�'� - chitecr, following the Owner's aoprov Construction Docu of the latutar estimate 2.2.1 The Ar ' ect shall review the program mished by the �rn Construction Cost, s obtaining bids Owner to asce the requirements of th Project and shall e st owls and assist in awarding an arrive at a mutual un erstanding of such quirements with the tracts for construction. Owner. 2.2.2 The architect shall ovide preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION the Owner's program. sch u and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms o e other, subject to the limita- tions set forth in Subparag h D. 1. �� 1 The Architect's responsibility to provide Basic Servic /for Construction Phase under this:agreement comm es 2.2.3 The .architect sh review wi the Owner alternative(/• with th ward of the Contract for Construction a termi- approaches to design d construction the Project. nates at the rlier of the issuance to the Ov%.-nerdT the final 2.2.4 Based on t mutually agreed-upon ogram, schedule Certificate for ment or 60 days after the e of Substan- and constructi budget requirements, the chitect shall tial Completion o e Work. prepare. for proval by the Owner, Schematic esign Docu- 2,6,2 The Architect sh rovide inistrabon of the Con- ments co ting of drawings and other documents. ustrating tract for Construction as set elow and in the edition of the seal d relationship of Project components. AIA Document A201, Gene C tions of the Contract for 2.2. a :architect shall submit to the Owner a pr Construction, current as the date his Agreement, unless es ' ate'of Construction Cost based on current area,volume otherwise provided i is Agreement. er unit costs. 2.6.3 Duties,r onsibilities and limitations of a ority of the 2.3 DESIGN DEVELOPMENT PHASE Architect s not be restricted,modified or e-xten without written eement of the Owner and Architect with co t of 2.3.1 Based on the approved Schematic Design Documents the ntractor, which consent shall not be unreason and any adjustments authorized by the Owner in the program, ' held. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AlA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 2. .4 The Architect shall be a representative of and shall advise quantity of the Work, (2) reviewed construction means. m an onsult with the Owner(1)during construction until final ods, techniques,sequences or procedures,(3)reviewed ies pays_ t to the Contractor is due, and(2)as an Additional Ser- of requisitions received from Subcontractors and mat ' sup- vice at a Owner's direction from time to time during the cor- pliers and other data requested by the Owner to su tannate/ rection p iod described in the Contract for Construction.The the Contractor's right to payment or(4)ascertained ow or for Architect s have authority to act on behalf of the Owner what purpose the Contractor has used money pr :iously paid only to the a ent provided in this Agreement unless othem-ise on account of the Contract Sum. modified by 'rien instrument. 2.6.11 The Architect shall have authority to jeer Work which 2.6.5 The Archite t shall visit the site at intervals appropriate does not conform to the Contract D nts. Whenever the to the stage of co traction or as otherwise agreed by the Architect considers it necessary or adv' ble for imoicmenm- Owner and Architect writing to become generally familiar cion of the intent of the Contract Docu encs,the Architect will with the progressand itv of the Work completed and to have authority to require additional, spection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the proy' ions of the Contract Docu- ner indicating that the Work hen completed will be in actor- menu. whether or not such W rk is fabricated. installed or dance with the Contract Do encs. However, the :architect completed.However,neither i s authority of the Architect nor shall not be required to make e. usrive or continuous on-site a decision made in good fait either to exercise or not to exer- inspections to check the quality o quantity of the Work. On cise such authority shall giy rise to a duty or respocasibility of the basis of on-site obsen•ations as architect, the .'art-iitect the Architect to the Co actor. Subcontractors, material and shall keep the Owner informed of the rogress and quality of equipment suppliers, t it agents or employees or other per the Work, and shall endeavor to gua the Owner against sons performing po ns of the Work. defects and deficiencies in the Work. ore e-vensive site representation may be agreed to as an Ad 'ionai Sert•ice, as 2.6.12 The Arch' et shall review- and approve or take other described in Paragraph 3.2.) appropriate acti upon Contractor's submittals such as Shop Drawings, Pr uct Data and Samples. but only for the limited 2.6.6 The Architect shall not have control over r charge of purpose of ecking for conformance with information given and shall not be responsible for construction means, ethods, and the d ign concept expressed in the Contract Documents. techniques. sequences or procedures, or for safety pr unions The Ar itect's action shall be taken with such reasonable and programs in connection with the Work, since th a are prom ess as to cause no dela- in the Work or in the con- solely the Contractor's responsibility under the Contras for stru Ion of the Owner or of separate contractors, while allow- Construction. The Architect shall not be responsible for e in sufficient time in the Architect's professional judgment to Contractor's schedules or failure to cam,out the Work in acco rmit adequate review. Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and com- �/ have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of . other persons performing portions of the Work. uipment or systems designed by the Contractor,all of which rthe responsibilityof the Contractor to the extent 2.6.7 The Architect shall at all times have access to the ork re ed by the Contract Documents. The Architect's review wherever it is in preparation or progress. shall n t constitute approval of safery precautions or, unless otherwis specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in th Contract means, m ods, techniques, sequences or procedures_ The Documents or when direct communications hay been spe- Architects proval of a specific item shall not indicate cially authorized,the Owner and Contractor sh ommunicate approval of assembly of which the item is a component. through the Architect.Communications by an with the Archi When professio certification of performance characteristics test's consultants shall be through the Arch' ct. of materials,syste or equipment is required by the Contract Documents. the Arc 'tett shall be entitled to rely upon such 2.6.9 Based on the Architect's observati and evaluations of certification to establi that the materials, systems or equip- the Contractor's Applications for Pay ent, the Architect shall ment will meet the per mance criteria required by the Con- review and certiN the amounts due a Contractor. tract Documents. 2.6.10 The -architect's certificati n for payment shall consti- 2,6.13 The Architect shall p pare Change Orders and Con- tuse a representation to the O net, based on the -architect's struction Change Directives. w supporting documentation observations at the site as pro ided in Subparagraph 2.6.5 and and data if deemed necessary by e-architect as provided in on the data comprising th Contractor's Application for Pay- Subparagraphs 3.1.1 and 3.3.3, for e Ow'ner's approval and ment, that, to the best of e :architect's knowledge. informa- execution in accordance with the ntract Documents, and cion and belief. the Wor as progressed to the point indicated may authorize minor changes in the ork not involving an and the quality of W kis in accordance with the Contract adjustment in the Contract Sum or an este ion of the Contract Documents. The fo egoing representations are subject to an Time which are not inconsistent with the in t of the Contract evaluation of the 'ork for confonn=ce with the Contract Documents. Documents up Substantial Completion, to results of subse- quent tests an inspections,to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections determine tract Do is correctable prior to completion and to spe- the date or dates of Substantial Completion and the to of final cific qualif tions expressed by the Architect.The issuance of a completion, shall receive and forward to the Own for the Certifica for Payment shall further constitute a representation Owner's review and records written warranties and elated that th Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and - fied. owever, the issuance of a Certificate for Pavment shall bled by the Contractor,and shall issue a final Certificate for v- no e a representation that the Architect has(1)made exhaus- ment upon compliance with the requirements of the Contra t e or continuous on-site inspections to check the quality or Documents. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•MAO •01987 3 8141-1957 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2. 15 The Architect shall interpret and decide matters co 3.2.3 Through the observations by such Project Represen- ce g performance of the Owner and Contractor under a tatives. the Architect shall endeavor to provide further protec- requir eros of the Contract Documents on written req t of tion for the Owner against defects and deficiencies in the Work, either Owner or Contractor. The Architect's res nse to but the furnishing of such project representation shall not such recto shall be made with reasonable prom ess and mcdift the rights,responsibilities orobligations ofthe Architect within anv ' e limits agreed upon. as described elsewhere in this agreement. 2.6.16 Inrerpr tions and decisions of the , itect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consisrenr with intent of and reasonably' erable from the Contract Documen and shall be in wn ' g or in the form of 3.3.1 %laking revisions in Drawings, Specifications or other drawings. When g such interpre tions and initial deci- doc utnenu when such revisions are: sions, the architect s endeavor secure faithful perfor- mance by both Owner an Contra r,shall not show partiality .1 inconsistent with approvals or instructions previously to either,and shall not be . le f results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in goo 'ch. sary by adjustments in the Owner's program or Proj- 2.6.17 The architect's de o on matters relating to aesthe- ect budget; tic effect shall be final if c istent -ith the intent expressed in .2 required by the enactment or revision of codes,laws the Contract Documen . or regulations subsequent to the preparation of such 2.6.18 The Archite shall render wd en decisions within a documents; or reasonable time o ctrl claims,disputes or er matters in ques- .3 due to changes required as a result of the Owner's fail- tion between Owner and Contractor re ting to the execu- ure to render decisions in a timely manner. tion or pro sof the Work as provided the Contract Documents 3.3.2 Providing services required because of significant 2.6.19 e architect's decisions on claims, dispu or other changes in the Project including, but not limited to. size, qual- matter , including those in question between the O ner and itv, ccmolexity, the Owner's schedule, or the method of bid Con ctor, except for those relating to aesthetic effec pro- ding or negotiating and contracting for construction,except for services required under Subparagraph 5.2.5. vi d in Subparagraph 2.6.17,shall be subject to arbitra n as ovided in this Agreement and in the Contract Documen 3.3.3 Preparing Drawings, Specific--dons and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tudons proposed by the Contractor 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 in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work damaged by be paid for by the Owner as provided in this Agreement, in fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify- the Owner prior to com- Contractor under the Contract for Construction. 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 claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. G� tional Services are not required,[he architect shall have no obli- 3.3.8 Providing services in connection with a peke-i3ea g, gation to provide those services- legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASK Axchi[e--: is parry thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding,negotia- tiondescribed in Subparagraph 2.6.5 is required, the Architect shall or construction prior to the completion of the Construe provide one or more Project Representatives to assist in carry- ing Documents out such additional on-sire responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected,employed and directed by the Architect, and the architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sared therefor as agreed by [he Owner and Architect. The ming he requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or com- otherwise agreed. partitive studies of prospective sites. AIA DOCUMENT 8141 •OWNER ARCHMCT AGREEMENT•FOURTEENTH EDITION•AIA' •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORKAVENtA N.W.,WASHINGTON,D.C.20006 8141-1987 4 WARNING.Unlicensed photocopying violates U.S.copyright taws and is subject to legal prosecution. 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall famish evi- and equipment. dente that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drapings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the ArChitect'5 services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of aeon- of the Project, and a written legal description of the site. The stner.n manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, 3. ateri restrictions, easements, encroachments, zoning, deed restric- mProviding detailed quandcy surveys or inventories of tions, boundaries and contours of the site; locations. dimen- sions and necessary data pertaining to existing buildings. other 3.4.12 Providing analyses of owning and operating costs. improvements and trees; and information concerning available utility services and lines, both public and private. above and 3.4.13 Providing interior design and other similar services below grade including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced to a Project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- se.-vices may include but are not limited to test borings, test mens, or valuations and.detailed appraisals of existing facilities:• pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall famish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such 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 famish structural,mechanical, chemical, operation and maintenance,and consultation during operation. air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Pavment, or in the absence of a final Cer- repons required by law or the Contract Documents. tificate for Pavment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner 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 Project, including auditing services the Owner may require to tectural, structural, mechanical and e.ectrical engineering por- tions verify the Contractor's Applications for Payment or to ascertain of the Project provided as a part of Basic Services. how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise inc!uded in paid by or on behalf of the Owner. this agreement or not customarily Furnished in accordance with generllv accepted architecturi practice. 4.9 The services,information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fauilt or defect in OWNER'S RESPONSIBILITIES 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 certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule,constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexr days prior to execution. The Owner shall not request certifica- bility, expandability, 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•AfA'v •©1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 3.3: or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Construction Cost shall be the total cost or esti- 5.2.5 If the Owner chooses to proceed under Clause 5.2.4_-1. 0- mated cost to the Owner of all elements of the Project designed the Architect, ,shall modif}'the Con- or specified by the Architect. tract Documents as necessary to comply with the fixed limit,if established as a condition of this Agreement.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 materials furnished by the Owner and responsibility arising our of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ante for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECTS DRAWINGS, the Architect and.Architect's consuit:fits, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budge:. preliminary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifications and cher the Architect nor the Owner has 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 sect's Drawings,Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project 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 default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- ro by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget. unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto.If cion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to 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 include in the Contract Docu- . GARBITRATION merits alternate bids to adjust the Construction Cost to the fixed limit Fixed limits,if any,shall be increased in the amount of an 74, CLzims, dispu[es or other matters in question between th increase in the Contract Sum occurring after execution of the part [o this Agreement arising out of or relating to this A Contract for Construction. ment o reach thereof shall be subject to and decided arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced trarion inordari with the Construction Ind Arbitra- within 90 days after the ArchiteCt submits the Construction tion Rules of t American Arbitration AssOciad currently in Documents to the Owner, any Project budget or fixed limit of effect unless the ies mutually agree oth ise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbir on shall be inwriting with the general level of prices in the construction industry between the ocher parry to this Agre i an ith the American Arbitra- date of submission of the Construction Documents to the tion Association.A demand fo itration shall be made within Owner and the date on which proposals are sought. a reasonable time aper dz puce or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.In event shall demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the a when institution f legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings bas on such claim, dispute other matter.in .1 give written approval of an increase in such fixed question wo be barred by the applicable status f limitations. Urnit; 7.3 N bitration arising out of or relating to this A ement .2 authorize rebidding or renegotiating of the Project sh clude,by consolidation,joinder or in any other m er, within a reasonable time-, additional person or entity not a parry to this Agreem AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORKAVENUE,N.W.,WASHINGTON,D.C.20006 9141-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright Laws and is subject to legal prosecution. cePC by written consent containing a specific tele e-lce .2 Ten percent Of the Coral compensation for Basic and is. Bement signed by the Owner. Architect,and an Cher Additional Services earned to date if termination person atv sought to be joined. Consent co icration occurs during the Design Development Phase-, or involving an ditional person or entity s of constitute 3 Five per of the total compensation for Basic and consent to arbi[ra ' of any claim. disp or ocher matter in additional Services earned to date if termination question not describe ' the wnct nsent or with a person occurs during any subsequent phase. or en[iry not named or des ' e erein.The foregoing agree- ment to arbitrate and oche :netts to arbitrate with an additional person or en i , duly cons ted to by the parties to this Agreement sh e specifically enfor ble in accordance ARTICLE 9 with applicabl in any court having juris i n thereof. MISCELLANEOUS PROVISIONS 7.4 Th :td rendered by the arbitrator or arbitrators be fin d judgment may be entered upon it in accordance 9.1 Unless otherwise provided. this Agreement shall be goy- plicable law in any court having jurisdiction thereof. erred by the law of the principal place of business of the Archicecz_ 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those ':n ALA Document A201, General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this agreement 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall com- mencefail substantially to perform in accordance with the terms of this to run not later than either the dale of Substantial Com- Agreement through no fault of the part:-initiating the termination. plecion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Compietion. vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- 9.4 The Owner and Architect waive all rights against each cably adjusted to provide for expenses incurred in the interrup- ocher and against the contractors, consultants, agents and tion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may be terminated 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 A201,General 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 than 90 consecutive days, Agreement.The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the ocher party to this Agreement and to the partners, succes- nonperformance and cause for termination. sors, assigns and legal representatives of such other parry with 8.5 If the Owner fails to make payment when due the Archi respect to all covenants of this Agreement. Neither Owner nor ct Architeshall assign this Agreement without the written con- tett for services and expenses, the Architect may, upon seven sent of the ocher. days' written notice to the Owner,suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- by the Architect within seven days of the date of the notice,the men[ between the Owner and Architect and supersedes all suspension shall take effect without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspension of services. the Architect shall have no liability ten or Oral. This Agreement may be amended only by written to the Owner for delay_ or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this agreement shall create a con[rac- 8.6 In the event of termination not the fault of the Architect, tual rein-tonship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior parry against either the Owner or Architect. to termination. together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 9.8 Unless otherwise provided in this Agreement.4`1e Architect and Amt sect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery,presence,handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure or persons to hazardous materials in any form at the Project directly attributable to termination.Termination Expenses shall site, induding but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polyr—hlorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Services earned to the time of ter- minadon, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the .1 Twenty percent of the total compensation for Basic exterior 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 confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•ALAS •01987 7 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,[735 NEW YORKAV�NUE N W.,WASHINGTON,D.C.20006 WARNING.Unlicensed photocopying Violates U.S.copyright laws and Is subject to legal prosecution. 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. 10.3.2 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 11.3.2. 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 Sixty Five Thousand,Nine Hundred Seventy Dollars and no/100($65,970.00) AIA DOCUMENT B141 • ARCHITECT CONSULTANT AGREEMENT • FOURTEENTH EDITION • AIA • 01987 TEE 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: $31,594.00 percent(48.0%) Design Development Phase: $6,840.00 percent(10.0%) Construction Documents Phase $27,536.00 percent(42.0%) �. Total Basic Compensation: $65,970.00 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 andlor 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 DOCUNMNT B141 • ARCHITECT CONSULTANT AGREEMENT • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHUECTS,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 Agreement is based on a single general construction contract. 12.02 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. 12.03 As-built drawings are additional services. (The review of Field Record Drawings is a part of basic services.) 12.04 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 are additional services. 12.05 Program Verification Report constitutes additional services. 12.06 Excessive written requests from contractor for information of clarification of contract documents constitutes additional services. 12.07 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. (Continuedf 7WR 0 /0. 13) Cje#*• This Agreement entered into as of the day and year st OWNER ARC CT Ole I � (Signature) ( re) (� ( Carl E. Campos, President ' ' .,r K e J�u flLoving&Campos Architects Inc. (Printed name and title) — (Printed name and title) Par I rs 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 10 Article 12 Continued: 12.08 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. 12.09 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. 12.10 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. 12.11 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. (Continued ) Article 12 Continued: 12.12 Replacement of only existing windows at exterior elevations facing the fire station driveway and only residences located at 800, 801, 806 and 807 Serrana is limited to the following scope of work. A. Meet with City representative to ascertain program. B. Perform site visits (limit of (1) one per residence) to ascertain individual homeowners' exposure to fire station driveway. C. Attend meetings with individual homeowners (limit 2 per homeowner) D. Field measure individual residences' windows and note appropriate construction/ window type that exists at each residence to determine appropriate window replacement. E. Prepare construction details and specifications for replacement. F. Submit to City for review/plan check and make revisions, if necessary, to assist the Owner in obtaining a building permit. 12.13 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 Pittsburg.