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FY2008-26 Apparatus Garage Addition to the Existing Bayside Fire Hall ~"njr-Q ~f (n~b()?-o1~ e/ld ';;00 t? '==' AlA: Document B151™ -1997 , .,; ...... - 'A~#~ev;ated Standard Form of Agreement Between Owner and Architect made as of the Twentieth day of February in the year Two Thousand identified as the Owner: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and year) AlA Document 8151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAtII Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1000308777 _1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) 1 Init. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES ~.1.1. The services performed by the Architect, Architect's employees and Architect's consultants shall be as '.'enumerated in Articles 2, 3 and 12. 9.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include for periods of time required for the Owner's review and for approval of submissions by authorities jurisdiction overthe Project. Time limits established by this schedule approved by the Owner shall not, except for rea8onablecaJ1se, be exceeded by the Architect or Owner. 9t.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the 'Project. 91.4 The servicesc~>ver:edhythis Agreement are subject to the time limitations contained in Section 11.5.1. ,....." ,-,,,.,,,., ""-.' .','-.'-' ARTICLE 2.SCQPEQF ARct-irtEcT'S BASIC SERVICES >9 2.tDEFINITION T~e~chiteft'sBasicServlcesconsist of those described in Sections 2.2 through 2.6 and any other services identified in,Article12 as part of Basic Services, and include normal structural, mechanical and electrical en~i1'leering.services: . --'. ... -. .,.. - ". 92.2 SCHEMATIC DESIGN PHASE ~2.2.tThe Architectshallr:eview the program furnished by the Owner to ascertain the requirements of the Project and shalFa.rrive at ~InlJ.tualund.erstanding of such requirements with the Owner. ,--. ,-....... ,.."............... ., 9 2.2.~The.Archit;2tslt.aU~r6~ide a preliminary evaluation of the Owner's program, schedule and construction bUdgetfeqJ1iremenlS,ell,c.ltin terms of the other, subject to the limitations set forth in Section 5.2.1. ~2.2.3The Architect shall review with the Owner alternative approaches to design and construction of the Project. ~2.2.4 BasedoIltlll:rmutually agrtled~up()n program, schedule and construction budget requirements, the Architect ,shall prepill"e,Jorapproval by thiO'WJ'ler, Schematic Design Documents consisting of drawings and other documents illJ1stratmgthe:scale:andrelationshipof Project components. 92.2,~TheArchitect shall sub)j}itt9tll!; Owner a preliminary estimate of Construction Cost based on current area, , volum~ or similar conceptuale$~iml;ltil1g techniques. ." ............. ..-......,......""...,.-" . ... __ " - ., _. ._..... ~., '. . .'_" ,., ."..,., '. ,.,.'. .- --' cc, 6 ~.3DESIGN DEVELOPMENT PHASE 92.~.1Based.()n theappro\'tl4Schematic Design Documents and any adjustments authorized by the Owner in the program, schedulec)fconstructlon budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consIsting of drawings and other documents to fix and describe the size and character of the Projectas.toarchiteetural, structural, mechanical and electrical systems, materials arid such other elements as may be appropriate. ~2.3.2 The Architect.shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 9 2.4 CONSTRUCTION DOCUMENTS PHASE 92.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project orin the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 9 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. Inlt. AlA Document 8151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any 2 portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resaie. User Notes: (3602675521) 92.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 92.4.4'I'he Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. ~2.5BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts forcpnstruction. ~l.6 CONSTRUCTIONPHA$E-ADMINISTRATION OF THE CONSTRUCTION CONTRACT · 9?6.1 The Ar:chitect'sresponsibility to provide Basic Services for the Construction Phase under this Agreement COIllmen~eswith the.ay,rard of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner ofthefinatCertificate for Payment or 60 days after the date of Substantial Completion of the Work. 92.6.21lie "'Ychitett shall provide administration of the Contract for Construction as set forth below and in the editioJiof AlA Document A20l, General Conditions of the Contract for Construction, current as of the date of this Aweernen.t, unlessothenviseprovided in this Agreement. Modifications made to the General Conditions, when , ad9ptedas PartoftheCQl1.tract Documents, shall be enforceable under this Agreement only to the extent that they are consistentwith this Agreement or approved in writing by the Architect. .,' ", ,-,-",'-',,--', ~2..6.3Du,ic::s, resl'onsibilitiesand limitations of authority of the Architect under this Section 2.6 shall not be .restricted, modinedor extended without written agreement of the Owner and Architect with consent of the Contractor, Which consent 'Will not be unreasonably withheld. ~ 2.6.~TheAr:chitectshallbe~representative of and shall advise and consult with the Owner during the administration of the Contractfor Construction. The Architect shall have authority to act on behalf of the Owner ortlytothe extentprovidedin this Agreement unless otherwise modified by written amendment. 9 2.6.5 The Ar:chitect,. as a representati ve of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor' s oper~tiolls,()ras other'Ni~r,(lgreed by the Owner and the Architect in Article 12, (I) to become generally familiar With and to k~c::pmc::qwner informed about the progress and quality of the portion of the Work CQmpleted.,.(2)to elldeavor to gUaTdt:l1~Owner against defects and deficiencies in the Work, and (3) to determine in generaliftheWorkisbeing perrormed in a manner indicating that the Work, when fully completed, will be in accor<iance\viththeCoIltract Documents. However, the Architect shall not be required to make exhaustive or tontiril.louson-sifu irispectionstocheck the quality or quantity of the Work. The Architect shall neither have control overon:hargeof, nor be responsiplefor:,the construction means, methods, techniques, sequences or procedures, or for safety precal,ltionsand progrart)sin connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 9 2.6.6The ArchitectshallrePW'fto the Owner known deviations from the Contract Documents and from the most recent construction sthe<iulesphmitted by the Contractor. However, the Architect shall not be responsible for the Contractor'sfailureto perform the Work in accordance with the requirements of the Contract Documents. The ,ArchitectshaUberesponsible for the Architect's negligent acts or omissions, but shall not have control over or charge of artdshallllot be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 9 2.6.7TheAr:chitect shall at all times have access to the Work wherever it is in preparation or progress. ~ 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of Of relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. Init. AlA Document 8151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any 3 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order NO.1 000308777 _1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) 92.6.9 CERTIFICATES FOR PAYMENT ~ 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts, 92.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents " llpqn Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations fr:om the Contr:act DOCuIUents prior to completion, and (4) to specific qualifications expressed by the Architect. ~2.6.9.3 Theissuanc.eofaCertificate for Payment shall not be a representation that the Architect has (1) made ,exhaustiveorcontinuouson-site inspections to check the quality or quantity ofthe Work, (2) reviewed construction Jlleans, methods, tepl:miques,sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors andtn.aterill:l~tippliers and other data requested by the Owner to substantiate the Contractor's right to <payment,.or(4) ascertainedhp'W or for what purpose the Contractor has used money previously paid on account of the Contra.ct SUIIl. 92.6.10.1'heArchitectsl1a.1111ave authority to reject Work that does not conform to the Contract Documents. \\,heneYertheAichitect~()i1si4ers it necessary or advisable, the Architect shall have authority to require inspection o.rte~ting?fthe "Yorkinac9or:4ance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or cOlnpleted. However, neither this authority of the Architect nor a decision made in good faith : either to eXerciseotnott~exertise such authority shall give rise to a duty or responsibility of the Architect to the ..Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities 'perfor:trJ.ing,portionl>.pf.tl1e.Work. ~ -, . -. . - - .., ...'~ 2.6.f1.'rhe Aicllitectsh~lll"eView and approve or take other appropriate action upon the Contractor's submittals such as S~op Dra\Vipgs'Pl'bduct Data and Samples, but only for the limited purpose of checking for conformance \vi~11 information given and the design concept expressed in the Contract Documents. The Architect's action shall be talc~nwith such l'easonablepromptness as to cause no delay in the Work or in the activities of the Owner, Contractor or: separate cC)fltractol"l),wbile allowi~&sufficient time in the Architect's professional judgment to permit adequate review. Reviewofsuchsubmittalsisnotconducted for the purpose of determining the accuracy and completeness of otherdetailssl1chasdimensions~dqJ1ai1tities, or for substantiating instructions for installation or performance of equipmentorsysteIUs,.v1 of which remain the responsibility of the Contractor as required by the Contract popumerits, The Archifuct'sreview shall not constitute approval of safety precautions or, unless otherwise 'specificallystatedby the Aichitect~of.any construction means, methods, techniques, sequences or procedures. The Aichitect'sapproval of a specific item shall not indicate approval of an assembly of which the item is a component. , .. ,. ~ 92.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifica.Uyrequired of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accllrac)' and completeness of the services, certifications or approvals performed by such design ,.. professionals. 92.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the O'Wner'sapproval and execution in accordance with the Contract Documents, and may authorize minor changes in .. the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent 'With the intent of the Contract Documents. 92.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the I nit. AlA Document 8151TM - 1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AiA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any 4 portion of II, may result in severe Ili\'il and criminal penalties,and will be prosecuted to the maximum extent pOSSible under the la'" This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No,1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 92.6.15The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. .92.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations aria initial decisions, the. Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partialit)' to either , and shall not be liable for results of interpretations or decisions so rendered in good faith. ~2.6.17l'heArchitects\1allreIlder initial decisions on claims, disputes or other matters in question between the Owneral'ldColltractoras provided in the Contract Documents. However, the Architect's decisions on matters t'elatingto&estheticeffectshallbe final if consistent with the intent expressed in the Contract Documents. 9 2.6.18rhe Architect'saeclsions on claims, disputes or other matters in question between the Owner and o.mtractor,<<l\.C;ept forthQseTel~ting to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as grqvide&.in t\1is Agreement and in the Contract Documents. ARIICLE3ADDIIIONAL .SERVICES 93.1 GENERAL ~3.1.1l'he s~r'Vices describe<iin this Article 3 are not included in Basic Services unless so identified in Aiticle 12, andth.eyshall be paid for by lheOwner as provided in this Agreement, in addition to the compensation for Basic Seryic<<s,l'he serVlc;esdesc;rihed under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writinghythe Qwner.]fservic;es described under Contingent Additional Services in Section 3.3 are required due to circumstanceS beyond\he;)\Xchitect's control, the Architect shall notify the Owner prior to commencing such services.t:ttheOwnerdeems that such services described under Section 3.3'are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Servlcesarenotrequired,the,Architect shall have no obligation to provide those services. 93.2 PROJECIREPRESENTAnBN.~~~OND BASIC SERVICES ~ 3.2.1Ifmoreel\.~nsiveTepresentation at the site than is described in Section 2.6.5 is required, the Architect shall provide oneonnoreProjecfRepresentatives to assist in carrying out such additional on-site responsibilities. 9 3.~.tProjec:tRepresentati\lesshall'Pe$elected, employed and directed by the Architect, and the Architect shall be compensatedthereforas agre~dbytlie Owner and Architect. The duties, responsibilities and limitations of authority oiProject Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, . unless otherwise agreed. 9 3.2.3 Through the presence atthe site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 9 3.3 CONTINGENT ADDITIONAL SERVICES 9 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. Init. AlA Document 8151TM -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any 5 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) 9 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. 93.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 93.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making revisions to Drawings, Specifications and other documentation resulting therefrom. Providing consultation concerning replacement of Work damaged by fire or other cause during construction, furnishirigservicesrequired in connection with the replacement of such Work. 13;3.6 Pl.'oviding services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Coristruction. 93.3.TProviding servicesine\faluating an extensive number of claims submitted by the Contractor or others in connectioIl witl1the Wode . , ~3.3.8Providingsel'Yicesin c(}pnection with a public hearing, a dispute resolution proceeding or a legal proceeding except w~eretheNclritectisplU.ty thereto. L..... <......... __"'c :~3.3.9?repar~ngdQcurnentsforalternate, separate or sequential bids or providing services in connection with :,. bidding, negotiation>orc<>llstriiction prior to the completion of the Construction Documents Phase. 9 3.4 QPTlONAL,6.0DITION,6.J.,Si:RVICES 9 3.4.tProvidinganalyse:softhe Owner's needs and programming the requirements of the Project. . ,.' .. ,'" . Y'" .... ~3.4.2I>rovidillgfiriaJlcialfeasibility or other special studies. 93.4.3J>rovidirig planIling surveys, site evaluations or comparative studies of prospective sites. 93.4.4Providingspecial surveys,rn'lironmental studies and submissions required for approvals of governmental authorities Or. others having jurisdiction over the Project. ~3.4.5I>rovidingservices relative to future facilities, systems and equipment. , ~3.4.6P('oyiding services to il1vestigateexisting conditions or facilities or to make measured drawings thereof. '~3.4.7Providing se{'\1ices(<> verify the accuracy of drawings or other information furnished by the Owner. 93.4.8 Providing coordinationofcbnstruction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 9 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. Providing detailed estimates of Construction Cost. ~3.4.1tProViding detailed quantity surveys or inventories of material, equipment and labor. 9 3.4.12 Providing analyses of owning and operating costs. 9 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. Inlt. AlA Document 8151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstrlbutlon of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted 10 the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1 000308777_1 which expires on 6125/2008, and is not for resale, User Notes: (3602675521 ) 6 93.4.14 Providing services for planning tenant or rental spaces. ~. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 93.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 93.4.17 Providing assistl!Jlce in the utilization of equipment or systems such as testing, adjusting and balancing, preparation ofoperati()lll!Jld maintenance manuals, training personnel for operation and maintenance, and consultation during operatIon. ~3.4.18 ProvidiIlg servic;t:~after issuance to the Owner of the final Certificate for Payment, or in the absence of a 'final Certificatefor}'aYltlent, more than 60 days after the date of Substantial Completion of the Work. ~3.4.19PrQVidJng!it\r\licesof~onsultants for other than architectural, structural, mechanical and electrical ellgineeringportionsof thePI'qject provided as a part of Basic Services. ~ 3.4.20:Frovidingal1Y oth~rservices not otherwise included in this Agreement or not customarily furnished in accord,allcewith generalIYaccepted architectural practice. ,.,..ARTICLE4....'OWNE~'SRESPO~SIBILITIES ,14.1 The Ownershall provide full information in a timely manner regarding requirements for and limitations on the Project, iricludinga\vritteriprogram which shall set forth the Owner's objectives, schedule, constraints and criteria, including spacerequitements and relationships, flexibility, expandability, special equipment, systems and site requiteine.\1ts. TheO"metshall.furnish to the Architect, within 15 days after receipt of a written request, information necessary and releyanffor the Architect to evaluate, give notice of or enforce lien rights. 94.2i'li~pwnersh<nlest<it>lish and periodically update an overall budget for the Project, including the Construction Cost,thi:.f()\vner'Sothercosts and reasonable contingencies related to all of these costs. . ~4.3 The OwnershalLdesignate a representative authorized to act on the Owner's behalf with respect to the Project. 'fheOwner:orsuch designated representative shall render decisions in a timely manner pertaining to documents sribmittedby the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's.. services. 94.4TlleQwnershall furni~hsUtYeYMo describe physical characteristics, legal limitations and utility locations for the site of the Project, anQ.awritteml~gaI description of the site. The surveys and legal information shall include, as applicahh~,.grades andlinesofstreet$;alleys, pavements and adjoining property and structures; adjacent drainage; ti.ghts~of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; lClPations, diI11ensionsan:dnece}ssary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts anddepths.AHthe information on the survey shall be referenced to a Project benchmark. ~4.5 The Owner shalLfurnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 9 4..6 The OWner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 94.7 The.Ownershall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. In it. AlA Document 8151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING; This AIA<!> Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any 7 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order NO.1 000308777_1 which expires on 6/2512008, and is not for resale. User Notes: (3602675521) 9 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. ~. 4,9 The services, information, surveys and reports required by Sections 4.4 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. 94.1 0 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. .ARTICLE 5 ...CONSTRUCTION COST 9 5.1 DEFINITION 9.5..1.1 TheConstrufti(.1nCostshall be the total cost or, to the extent the Project is not completed, the estimated cost tbthe Owner of alleJements of the Project designed or specified by the Architect. 9.?1.2 "fheCbnstru9tion Qqst shall include the cost at current market rates of labor and materials furnished by the Owneran,Lequipment designed, specified, selected or specially provided for by the Architect, including the costs of man~gementorsuperyisiqnofconstruction or installation provided by a separate construction manager or contractor, plus a, rea,sonableallowance for their overhead and profit. In addition, a reasonable allowance for contingenciesshalLpe included for market conditions at the time of bidding and for changes in the Work. ~ 5.1.3 COIlstructionC(Jst dbesnot include the compensation of the Architect and the Architect's consultants, the Costs of the Iand,rights-M-way and financing or other costs that are the responsibility ofthe Owner as provided in Article4. 9 5.2 RESPONSlf3IUTY FOR PONSTRUCTlON COST ........~ 5;2.1}gvaluatioIlsoftheOWfier's Project budget, the preliminary estimate of Construction Cost and detailed estimatesofConStl.'UctiOl1.Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professiollaI fan;riliarwith the construction industry. It is recognized, however, that neither the Architect nor the QWl1erha,s c<mtrpl oVf:fthecost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does notwarrantotrepresentthat bidsor:nygotiated prices will not vary from the Owner's Project budget or from any estirnateofCoIlstruction Cost pj'eYaluation prepared or agreed to by the Architect. 95.2..2 No fix,edliIl1ifbf COIlstruction Cost shall be established as a condition of this Agreement by the furnishing, proposalorestablishment ofa}>rojectbudget, unless such fixed limit has been agreed upon in writing and signed by the partiesh~reto. If such a.fi.xe<i lilIli.thas been established, the Architect shall be permitted to include contingencies 'for design; bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the ProjeCt and to inc1udeintl1eContract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed lifuits,. ifany, shall be increased in the amount of an increase in the Contract Sum occurring aft~l:execution of the Contrlld fol:Construction. ~5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the COIlstructionDocuments to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. ~5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid oruegotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 9 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the Init. AlA Document 8151'M -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treali.es. Unauthorized reproducli.on or distribution of this AIA'iIi Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Noles: (3602675521) fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 9 6.t Drawings, specifications and other documents, including those in electronic form, prepared by the Architect arid the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all cOmmon law, statutory and other reserved rights, including copyrights. 96.2 Uponexecutionofthis Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the . Architect'sIristiumentsQfService solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this .A.greement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this AgteeIIlent. Any termination of this Agreement prior to completion of the Project shall terminate this license. .Uponsuchtermiriation, tlle Owner shall refrain from making further reproductions of Instruments of Service and ,shall retttfilto the ArchitecfWithin seven days of termination all originals and reproductions in the Owner's possession or controL If and J1pon the date the Architect is adjudged in default of this Agreement, the foregoing lic/:lnseshallbe.o.eemedtet!t'iinated and replaced by a second, nonexclusive license permitting the Owner to authorize otllersinftlarlycreden'tialed design professionals to reproduce and, where permitted by law, to make changes,corr:ectionsor:addit~<)ns to the Instruments of Service solely for purposes of completing, using and maintairiing theP~oject. " " ~6.3Exceptfor the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. iThe Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license 'gr@teCinereintl,}@otherpa.rt)'without the prior written agreement of the Architect. However, the Owner shall be pe~II1ittedto authonze, the Qontractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce/applicable p<)rt~on:s of the Instruments of Service appropriate to and for use in their execution of the Work bylicens6granted.~JlSeetibn 6.2. Submission or distribution ofInstruments of Service to meet official regulatory' 'reqllUementsorforsiITIilaril?urposes in connection with the Project is not to be construed as publication in derogation of the reserved ri.ghts of ,the Architect and the Architect's consultants. The Owner shall not use the In~tr:umentsofSel"yiqefol"futuread9itiol1s or alterations to this Project or for other projects, unless the Owner obtainsti:le prior written agreementofthe Architect and the Architect's consultants. Any unauthorized use of the InStruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ,~ 6.4. Prigr to the Architectpl."ovidiIlgtothe Owner any Instruments of Service in electronic form or the Owner pl'ovidingt() the Architect aIlyele.AtrQriic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Serviceiotelectronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION ,,~ 7.1 MEDIATION ~7..1.1 AnyclaiIIl, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation asa conditiori precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. ~7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by .mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation, Rules of the American Arbitration Association currentlY.Jt!. effect. R.~9.llest for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in Init. AlA Document 815FM -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING; This AIA@ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA') Document, or any 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale, User Notes; (3602675521) advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 97.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place whetetheProject is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. . ~ 7,2 ARBITRATION 97.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to al"bitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 7.1. ~7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided byarbitratioIlwhich, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitratio\1shall be filed in writing with the other palty to this Agreement and with the American Arbitration Associa,tibn. ~ 7.2.3.~(k~man4J()r arbitration shall be made within a reasonable time after the claim, dispute or other matter in questioIrhasarisen.lnnQevent shall the demand for arbitration be made after the date when institution oflegal or equita,ble ptoceedi1).gsbased on such claim, dispute or other matter in question would be barred by the applicable statute oflirnitations. ~7.2.4 N'oarbitration arisi1).gput of or relating to this Agreement shall include, by consolidation or joinder or in any other Il1annercanad4itio,llalperson or entity not a party to this Agreement, except by written consent containing a '\'speCifiCreferenc.~tothisAgreement and signed by the Owner, Architect, and any other person or entity sought to be joilled.C()llsenttoarbitr~tioninvolving an additional person or entity shall not constitute consent to arbitration of 'anyc1aiI1l,dispute or other Il1auer in question not described in the written consent or with a person or entity not namedor4escrib~4therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an ad(iiti(JUalpersonor entity duly consented to by parties 'to this Agreement shall be specifically enforceable in accordance withapplica,ble law in any court having jurisdiction thereof. 'S7.2.5 TheaWa:r:dreIlc:t~rec:t by tht:arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable lawinanYcourt having jurisdiction thereof. ~, 7.3 CLAIMS FOrrCONSEQUENTlAL DAMAGES The,Ar:chitectand Owner waivecollst:quential damages for claims, disputes or other matters in question arising out of onelatingtothis Agreernellt.Thismutual waiver is applicable, without limitation, to all consequential damages due to either Patty's terminatiol1. in,accordance with Article 8. AR'HCLE 8 TERMINATION OR SUSPENSION ~ 8.1, If the Owner fails tornakepayments to the Architect in accordance with this Agreement, such failure shall be considered substantial.nonperforrIlance and cause for termination or, at the Architect's option, cause for suspension of performa\1ceof services under this Agreement. If the Architect elects to suspend services, prior to suspension of Services, the Archhect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services an<ithetime schedules shall be equitably adjusted. ~8.2IftheProject is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 98.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. Init. AlA Document 8151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING; This AIA@ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order NO,l 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes; (3602675521) 98.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the othetparty fail substantially to perform in accordance with the terms of this Agreement through no fault of the party itlitiating the termination. 9 8~5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 9,8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed pri()r to termina.tion, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. "98.7 Termination E~pe~~es are in addition to compensation for the services of the Agreement and include expenses directly attributabletotyr,mination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit()n the value of the services not performed by the Architect. ,\RTICl.:E9..,MISc.ELLANEOUS~ROVISIONS .l9.1T'hisAgr~eIl1elltsha.ILbegoverned by the law of the principal place of business of the Architect, unless otherwise providedin ArtiCile12. 99.2 'I'erms i11 this Agreementsl)all have the same meaning as those in the edition of AlA Document AlOI, General Col1ditiol1s oftheContra.d fofConstruction, current as of the date of this Agreement. '99.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued arid the applicable statutes of limitations shall commence to run not later than either the date of .substa.l1tial<:ompletiotlfor acts or failures to act occurring prior to Substantial Completion or the date of issuance of the fina.! C~ttifi.I}a.~eJot Pa.YIl1el;l.t for acts or failures to act occurring after Substantial Completion. In no event shall such statutes oflirl:iitationscOtnmence to run any later than the date when the Architect's services are substantially cornpleteQ. ~9.4T()the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights againsteachothedmd againstthe contractors, consultants, agents and employees of the other for damages, ex.Cept such rights as they may haY~J()t\1e proceeds of such insurance as set forth in the edition of AlA Document A,20 I ,general Conditions of th~ Contract for Construction, current as of the date of this Agreement. The Owner or , the Architect, as appropriate, shaUrequire of the contractors, consultants, agents and employees of any of them siIl1ilar waiVer$in favorof the other parties enumerated herein. 9 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal >repres~l1tatiVest() the otherpa.tl:y t()this Agreement and to the partners, successors, assigns and legal representatives ofsUl.;h other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement with()utthewritten consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agr:eement.The Architect shall execute all consents reasonably required to facilitate such assignment. 99..6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all priotllegotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 99.7 Nothi11g contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a thir:d party against either the Owner or Architect. 99.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. Inlt. AlA Document 8151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING; This AIA@ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any 11 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order NO.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes; (3602675521) 9 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project arnollg the Architect's promotional and professional materials. The Architect shall be given reasonable access to the cOrnpl~ted Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously ad vised the Architect in writing of the specific , information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 99.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall . not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of , this Agreement, . . . '. .;. ,. ARTICLE 10eAYMENTSTO THE ARCHITECT 910.1 DIR~.CTPER~ONNEL EXPENSE t)irect P~l'sonnel B)(pense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their 111alldatory and customary contributions and benefits related thereto, such as employment taxesa~dotherstatutoryemployee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar: contributions. ....:___ .. '," .....,., , 9fO.2<RE1M~IJRSABLEEX~ENSES 9tO.2..1 Reimbl.1tsableExpensesare in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as , identified inthefol1owingClall~es: .1 transportationinconnection with the Project, authorized out-of-town travel and subsistence, and ~MctroI1icc:ommunications ; feespald for securing approval of authorities having jurisdiction over the Project; reproductions, plots, standard form documents, postage, handling and delivery ofInstruments of Service; , expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; renderings, models and mock-ups requested by the Owner;' expense of professional liability insurance dedicated exclusively to this Project or the expense of ad<litioJ1alihsurancecove~iilge or limits requested by the Owner in excess of that normally carried by the Arc:hitect andth~Arc:hitect's consultants; .7 reimbursable expe~s~s.~sdesignated in Article 12; .8 othersimilar direct Project-related expenditures. 910.3~AYMENTSON ACCOUNT OF BASIC SERVICES 9.10.3.1 Aninitial paymentasset forth in Section 11.1 is the minimum payment under this Agreement. ,. ~ 10.3..2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in propqrtion toserviceSper:fonned within each phase of service, on the basis set forth in Section 11.2.2. ~ 10.3,3 If and to theextenfthatthe time initially established in Section 11.5.1 ofthis Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. 910.3.4 WhencoIl1pensa.tion is based on a percentage of Construction Cost and any portions of the Project are deleted or 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 Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent prelimi.naryestimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 910.4PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account ofthe Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. AlA Document 8151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA"" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"" Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order NO.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes; (3602675521) Inlt. 910.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for whichthe Architect has been adjudged to be liable. 910.6ARCHITECT'S ACCOUNTING RECORDS " Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11,.... BASIS OFCOMPENSA TION the Owner shall compensate the Architect as follows: . l11.1 AnlnitialPaymentbf ($ ) shall be made upon execution of this Agreement and credited to the 'Owner' saccount at final payment. ......--...... "..... ,', , ,,,,,.'.. .. ,.0 911.2BA$ICCO~PE~SATIO.N 911.2.1ForBasicServi~~s,asdescribed in Article 2, and any other services included in Article 12 as part of Basic Services, .Basic c;omp~nsationshall be computed as follows: (Insertl>cisis.oft;:ompen$q.t1exl'l., including stipulated sums, multiples or percentages, and identify phases to which partic1,llar71le~hodsof. compensation apply, if necessary.) ,Hourlyc6Ii:J.pensatioIl.base(loIl.the attached memorandum of understanding between Ken Smith and Tony Yorba , dated February 9,200&Jorpreliminary design services not to exceed $5,000 without prior authorization. Additional services to bel1egotiatedasthe scope of work is established , , .'.. .'.,:,......:.. ..... .....-."..,:, -,:. :..'.' ...._, 911.2.2}VI:\erecomperisatiOIl}sbased on a stipulated sum or percentage of Construction Cost, progress payments for Ba$ii; Servicesi~eachphaseshall total the following percentages of the total Basic Compensation payable: (Irisen addition~l phqs.eSas appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: , Construction,Phase: percent ( %) percent ( %) percent ( %) percent ( %) percent ( %) one hundred percent ( 100.00 %) Total Basic Compensation ~11.3COMPENSA TlONFOR AQDITlONAL SERVICES ~.11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be cOll1ppted as follows: as negotiated ~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 Section 3.2, and (2) services included in Article 12 as part of Basic Services, but ex.cluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and f:mplo.yees.,and identify Principals and classify employees, if required. Identify specific services to which particular methodsOfCompensation apply, if necessary.) as negotiated 9 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One and one-tenth ( 1.10 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) Init. AlA Document 8151 TM -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING; This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any 13 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521 ) 911.4 REIMBURSABLE EXPENSES for Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Rei~h\.If~able Expenses, a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 911.5ADDITIONAL 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 compensatedlls providedJ,n Sections 10.3.3 and 11.3.2. 91'1.5.2 PaYIl1ents are4u~~nd payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts "unpaid Ni*ety...C 90 )~ays after the invoice date shall bear interest at the rate entered below, or in the absence ,..th~r:eof atthelegal rateptevailing from time to time at the principal place of business of the Architect. . (Insert rate.ojinterestCigreedupon.) 9.00%.pet~nnurll:' (USUry taws andrequireflienisunder the Federal Truth in Lending Act. similar state and local consumer credit laws al1:dpther rfgu.!~tionsat~he Owner's and Architect's principal places of business, the location of the Project and elsewheremayaffectthevalidttyofthis provision. Specific legal advice should be obtained with respect to deletions Or niodific:ati()flS, and (llso re"8(lrxj.ing requirements such as written disclosures or waivers.) ~ . . ".: ' .' :.: ". , ' ~. " ,_...... .....,.. -','- .,.............., ">:'.:::::,>-::-:,'( 9.11.5.3 Ther",tes aIldrnultiples set forth for Additional Services shall be adjusted in accordance with the normal , "salaryreviewpractices .ofthe Architect. iARTICLE12 OTHI;RCO~p~19NS OR SERVICES , (In,~ertdescripti(jns ofothe.rservices, identify Additional Services included within Basic Compensation and modificcttionstothepttyin'iritand compensation terms included in this Agreement.) ;<, as negotiated .' -., "'"...,,.. :,." -" This Agreement entered into as year first written above. ~ AlA Document 8151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AiA@ Document, or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:44 on 02/21/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) Inlt. o.';t MEMORANDUM Celebrating 70 years of Service to Alaska 1935-2005 Date: February 9, 2007 To: Ken Smith From: Tony Yorba RE: Kodiak Bayside Fire Hall Addition CC: Thanks for meeting with us Thursday, Feb 8,2007 to discuss your plans for the new fire hall addition, and for inviting us to provide this design services proposal. From our discussions, we understand that you would like to add an approximately 80' x 100' addition to the existing fire hall to house four fire apparatus, including two new ones to be delivered in the fall. The following are elements of the design that we discussed: 1. The new addition is to be a pre engineered metal building, with pre- finished insulated metal sandwich panels (3" walls, 4" roof). Eave height is to be 18', no overhangs, and a 2:12 sloped roof. You would like a cost comparison to use 4" wall and 5" roof panels. We will also investigate PVC clad roof panels in lieu of metal finished roof panels. 2. The pre-engineered frames, purlins and girts are to be galvanized. 3. The frames will be arranged in four- 20' bays, allowing vehicles to drive through the building. This will require portal frames (no cross bracing between frames). End wall bays shall be moment frames with wind columns, to allow for future expansion of the building. 4. The foundation will be conventional slab on grade, with concrete footers and stem walls, pilasters at frames and wind columns, and either grade beam or tie rod to prevent the bases of the frames from splaying. 5. The garage floors will slope to trench drains located in the middle of the bays. The trench drains will discharge to an oil-water separator before connecting to the public storm water system. Trench drains will be modular units with high capacity cast iron or similar ferrous metal grates. 6. A mezzanine will be designed for use as a future exercise room. ARCHITECIURE . INTERIOR DESIGN. LANDSCAPE ARCHITECIURE 522 WEST 10TH STREET JUNEAU, ALASKA 99801 (907) 586-1070 FAX (907) 586-3959 www.jensenyorbaIott.com 7. Due to the sloping site, it is assumed that the new addition will on a lower level than the existing building. The step will occur between the new and existing building. They will be seismically separated. 8. Building will be designed to the 2003 mc, including seismic criteria. Design loads will include 50 pound snow load, 120 mph exposure D wind load and 250 pound mezzanine dead load. The building will be categorized as an essential building, so seismic loading will be increased accordingly. The building will be sprinkled. The design services required to accomplish the above will initially include architectural, structural and electrical design. Mechanical design will be part of a follow on contract. We will provide a design-build foundation, whereby we would provide the design criteria for the foundation as well as a configuration, with detailed design provided by the contractor. We propose to include the services of RSA Inc for mechanical and electrical design, and PND Juneau for the structural design. Cost estimating services will be provided by our offices- we do not intend at this time to provide the services of a separate construction cost estimating consultant. Such services could be procured on a separate contract if desired. We propose to provide the initial design services on a time and materials basis at our current 2007 rates. We understand that services are to include reviews with your ARB and the Bayside Fire Service Board in Kodiak at 35%/ 65% and 95% complete design phases. We will also assist you in preparing the final 100% bid packages. To assist us/ we understand that you will be providing a survey of the site, as well as as-built information for the existing fire hall. We understand that the site is essentially bedrock, so no soils investigation is proposed. We will proceed with design as soon as you give us the notice to proceed. We understand that you would like to have the facility available when you take delivery of the new vehicles. One of our first steps will be to contact the metal building manufacturer and determine what the likely delivery time will be for the metal building package. We understand that there is a Garco dealer in Kodiak as well as the expertise to erect the building and panel system. That will certainly aid you in achieving your desired schedule. We appreciate this opportunity to be of service, and look forward to helping you achieve this long planned facility. Let us know if you have any questions on this proposal or would like to discuss it further with us. C:\Documents and Settings\d600\Tony's Documents\kodiak fire station addition\proposaI1.doc ARCHITECTURE. INTERIOR DESIGN .LANDSCAPE ARCHITECTURE 522 WEST lorn STREET JUNEAU, ALASKA 99801 (907) 586-1070 FAX (907) 586-3959 www.jensenyorbalott.com Jensen Yorba Lott Inc Architecture Interiors l"andscape Architecture 1935 hJunded as H.B. Fo~~: CiJrnpa.n)" 1,945 F,)ss& M,a1cnJrn. 1949 Fos~ l~: ()!sE'n 1956 ()ls('n & ~lnd~ 1969 Sands &. Acl..Jc: 1974 .'-\cklt'v (x Asspc!ates. (l1C 1979 A.,(k1,,'v /"JeI1M'll An.'hitf'd:,:" lnc 1985 Ien~en rltwglds /\nhit('ct~, Ine 1'J97 h'nst,~n Yorba IA.:ltt, In.c. 522 \V('st 10th Street Juneau, Ala',I<.,l 991-'01 Ie): 907,,586,1070 FdX; 907586,'959 jenSen)/{)f bal l)ttC{)cn ... ... ... e.. Jensen Y orba Lott, Inc. 522 West 10th St Juneau, A K 99801 2007 COMPENSATION SCHEDlJLE Standard Hourly Rates Classification Rate/hour PrincipaliProject Manager Architect III Architect II Architect I Intem/Designer III Intem/Designcr n IntemlDe.signer I Landscape Architect III Landscape Architect n Landscape Architect I Interior Designer/Space Planner III Interior Designer/Space Planner II Interior Designer/Space Planner I Production Manager Construction Manager II Construction Manager I Drafter II Drafter I Administrative Assistant Clerical ASSistant $130 $100 $95 $90 $90 $80 $70 $100 $95 $90 $100 $95 $90 $90 $90 $80 $70 $60 $70 $35 Subconsultants bi lied at standard rate times 1.10 multiple. KODIAK ISLAND BOROUGH --- 710 MILL :BAY ROAD CONTRACT CHANGE ORDER KODIAK, ALASKA 99615 Contract No. 2008.26 ~` Change Order No. 1 Project Nar[te, Number & Location Bayside Fire Hall Addition Amount of Contract & Change Order Original Contract $ 5,000.00 Previous Changes $ _0_ Contractor Jensen Yarba Lott, Inc. This Change $ 125,929 00 Adjusted Contract $ 130,929.00 Description of Change On Feb. 20, 2008 K.I.B, entered into contract #2008-26 with Jensen Yorba Lott, Cost Inc, to provide Schematic, Architectural and Design ser~,~ices with an estimate for further services to be provided when Schematic was complete. Schematic is complete, further services estimate are as follows: 1. Pre-design-Lump Sum 2. Site Analysis-Lump Sum $ 3. Schematic design-Lump Sum $ 0.00 4. Design development $ 0'00 S. Construction documents-Lump Sum 1 S,b04.00 $ 0.00 6. Bidding & Negotiations-Lump Sum $ 90,519.00 7. Construction administration-Time/Expense $ 7,806.00 8. Construction observations-Time/Bxpense $ 9. Reimbl-useable expenses $ 0.00 $ o.oo 12,000.00 The time provided for completion of the contract is ( unchan ed This document sha become an amendment to the contract and all )rovisions of the contractrwill a li thereto. Y calendar days. r Accepted By: r s epresentati \S~AN~ e Date / " l - ~ ~( U ° Recommended: `E" Enginee ' g/FacilitiesDi :• ;; • '~ Date J ~ Op' ~ ecto Approved By: Y, :;- l7 Manager (L an ~'ID,p00 Toral ~ .'~ `\ Date for all char roug Jerk ers on this con t~ If the change order or orders exceeds tent ou and (10,000} dollars, it will require the si natur A- The mayor and deputy presiding officer; g es of.• B- The mayor and one (1) assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one (1) assembly member in the absence of the mayor: or D- Any two (2) assembly members in the absence of the mayor and deputy presiding officer. Approved By: ~~ ~ ~ n Revised by MIS 06/14/06 ._..----w. _ ,_ ~ Date 7 KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 2008-26 Change Order No. 2 Project Name, Number & Location Amount of Contract & Change Order Bayside Fire Hall Addition Original Contract $ 5,000.00 Previous Changes $ 125,929.00 Contractor This Change $ 3,617.00 Jensen Yorba Lott, Inc. Adjusted Contract $ 13 ,546.00 Description of Change Cost Provide a life cycle cost analysis optimizing wall and roof insulation systems as $ 3,617.00 requested by KIB. Energy analysis based on a BIN energy calculation method. This includes a 10 percent contingency. The time provided for completion of the contract is (® unchanged) (Q increased) (Q decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Accepted By: ve Approved By: Manager (Les~ean $IO,ooo- for all chang~° ders on this contr Date 7' ~ O~ ~S~-AND e `~' '7.7 • ,~ Date 7 1~-O~ y. ~ A~' ..~ ~ ~..~ U"w Date v ~ ~ L `a (f) 0 If the change order or orders exceeds ten th`~~ 0,000) dollars, it will require the signatures of.• A. The mayor and deputy presiding officer; B. The mayor and one (1) assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy presiding officer. Approved By: ~ _----~~ ~• ~. ~;~ ' l l~ Date ~ ~; ~~ __ ayor w -~ ~-~~ Deputy Presiding Officer Revised by MIS 06/14/06 KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 2008-26 Change Order No. 3 Project Name, Number & Location Amount of Contract & Change Order Bayside Fire Hall Addition l Origina Contract $ 5,000.00 Previous Changes $ 129,546.00 Contractor Jensen Yorba Lott, Inc, This Change $ 2,865.00 Ad d C $ 13 2 juste ontract 7, 31.00 Description of Change Cost Survey Bayside Fire Hall. $ 2,865.00 The time provided for completion of the contract is (Q unchanged) (~ increased) ( decreased) by 0 calendar days. This document shall bec e ark arpendment to the contract and all provisions of the contract will. apply thereto. Accepted By: Contractor's Recommended: G~ Engin ering/Faciliti ~~~.~, `r~l~~~,~, ~:`j~ Approved ~By: ~ t~ Manager (Less Th for all change ord n Date ~ ? ` ~ '. ~ ~' ~ > • • ~ .,, Date Q ~~(~' ~ > '~.. i itzec or ~ . ~:,~ i Director- ,~_ Date ~ ~ ~ b (10,00 Total _ this contra ~ ~~ C If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of A. The mayor and deputy presiding officer; B. The mayor and one (1) assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy presiding officer. ~. _ ~ ~- / Approved By: yor Date ~ Presiding Officer Revised by MIS 06/14/06 KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 2008-26 Change Order No. 4 Project Name, Number & Location Amount of Contract & Change Order Bayside Fire Station Addition Original Contract $ 5,000.00 Previous Changes $ 132,411.00 Contractor Jensen Yorba Lott, Inc, This Change $ 71,748.00 410-684 452-140 00174 4 Ad d C - juste ontract $ 209,159.00 Description of Change Cost Construction Administration fees for Bayside Fire Station Addition. $ 71,748.00 I The time provided for completion of the contract is (~ unchanged) (U increased) (U decreased} by 0 calendar days. This document shall bec a end e to the contract and all rovisions of the contract will a 1 thereto. ~ ) Accepted By: Date ~ ~~ - (~~~ n a e esentati _L~ Q Q- •, Recommended: ~ r'`~'. ~- ~ '; . '" Date S =~'~ .. . Engineering/Facilities i ~ c Directo A , ~-~~ Approved By:' ~ Attes ~ '~/V" - Date ~ ~ ~ ~ ~ 1 _ Manager (Less 510,000 n S 1 ugh Clerk for all change ders on this contra ~ ~[ If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of.• A. The mayor and deputy presiding officer; B. The mayor and one (1) assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of ilte mayor and deputy presiding officer. `, '? A roved B ~ pP Y~ ri~-----~-'-~ ~~ T Il'~ayor - --_. °~ ,• , ti. G L ~(.O~' ~_____,~ Date v~. r Deputy Presiding Officer Revised by MIS 06/14/06