HomeMy WebLinkAboutAgr 1995-11-01 (Bull Stockwell Allen & Ripley)'~7 ~q
Standard Form of Agreement Between
Owner and Architect
Based on AIA B141-1987
With Amendments as Noted
AGREEMENT
made as of the First day of November in the year of Nineteen Hundred and Ninety-five.
BETWEEN the Owner: TOWN OF TIBURON
(Name and Address) 1155 Tiburon Boulevard
Tiburon, CA 94920
and the Architect: BULL STOCKWELL ALLEN AND RIPLEY,
(Name and Address) A CALIFORNIA CORPORATION
350 Pacific Avenue
San Francisco, CA 94111
For the following Project:
(Include detailed description of Project, location, address and scope)
Tiburon Town Hall on Tiburon Boulevard near Mar West Street, to include Town offices,
meeting space and other facilities as generally described in the architectural program
summarized in the attached Exhibit 1.
Owner and Architect agree as set forth below.
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ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services performed by the See Paragraph 12.16.
Architect, Architect's employees and Architect's consultants as enumerated in
Articles 2 and 3 of this Agreement and any other services included in Article 12
1.1.2 The Architect's services shall be performed as expeditiously as is Add Paragraph 12.1.
consistent with professional skill and care and the orderly progress of the Work.
Upon request of the Owner, 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, and shall include allowances for periods of time required
for the Owner's review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by
the Owner shall not, except for reasonable cause, be exceeded by the Architect
or Owner.
1.1.3 The services covered by this Agreement are subject to the time limitations
contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 Add Paragraph 12.16.
through 2.6 and any other services identified in Article 12 as part of Basic
Services, and include normal structural, mechanical and electrical engineering
services.
2.1.2 PRELIMINARY DESIGN PHASE. Add Paragraph 12.18.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the Owner to ascertain
the requirements of the Project and shall arrive at a mutual understanding of
such requirements with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's
program, schedule and construction budget requirements, each in terms of the
other, subject to the limitations set forth in Subparagraph 5.21.
2.2.3 The Architect shall * review with the Owner alternative approaches to prepare and
design and construction of the Project.** Also add Paragraph
12.21.
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2.2.4 Based on the mutually agreed-upon program, schedule and construction
budget requirements, the Architect shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of See Paragraph 12.2
Construction Cost based on current area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction 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 Project as to architectural, structural, mechanical and and are part of the Basic
electrical systems, materials and such other elements as may be appropriate Services
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary See Paragraph 12.2
estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality. of the Project or in the construction budget
authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth
in detail the requirements for the construction of the Project.
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.
2.4.3 The Architect shall advise the Owner of any adjustments to previous See Paragraph 12.2.
preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with the Owner's Add Paragraph 12.3.
responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Add Paragraph 12.4.
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 for construction.
2.6 CONSTRUCTION PHASE -
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for
Construction and terminates 811148 NAW e! the ieswaw& to the GWReF e! the
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60 days after the date of Substantial Completion
of the Work.
2.6.2 The Architect shall provide administration of the Contract for Construction
as set forth below and in the edition of A1A Document A201, General Conditions
of the Contract for Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not
be restricted, modified or extended without written agreement of the Owner and
Architect With 8eReeAt 6! the ,
Withheld.
2.6.4 The Architect shall be a representative of and shall advise and consult with
the Owner (1) during construction until final payment to the Contractor is due,
and (2) as an Additional Service at the Owner's direction from time to time during
the correction period described in the Contract for Construction. The Architect
shall have authority to act on behalf of the Owner only to the extent provided in
this Agreement unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals appropriate to the stage of Add Paragraph 12.5.
construction or as otherwise agreed by the Owner and Architect in writing to
become generally familiar with the progress and quality of the Work completed
and to determine in general if the Work is being performed in a manner indicating
that the Work when completed will be in accordance with the Contract
Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. On
the basis of on-site observations as an architect, the Architect shall keep the
Owner informed of the progress and quality of the Work, and shall endeavor to
guard the Owner against defects and deficiencies in the Work. (More extensive
site representation may be agreed to as an Additional Service, as described in
Paragraph 3.1.)
2.6.6 The Architect shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance with the Contract
Documents. The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of
any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in
preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when
direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and evaluations of the Contractor's
Applications for Payment, the Architect shall review and certify the amounts due
the Contractor.
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2.6.10 The Architect's certification for payment shall constitute a representation
to the Owner, based on the Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the Contractor's Application for
Payment, that, to the best of the Architect's knowledge, information and belief,
the Work has progressed to the point indicated and the quality of the Work is in
accordance with the Contract Documents. The foregoing representations are
subject to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to
completion and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment shall further constitute a representation that
the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) ascertained
how or for what purpose the Contractor has used money previously paid on
account of the Contract Sum.
2.6.11 The Architect eject Work which does not
conform to the Contract Documents. Whenever the Architect considers it
necessary or advisable for implementation of the intent of the Contract
Documents, the Architect * Will Wky to require additional inspection or
testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed. However, neither
this authority of the Architect nor a decision made in good faith either to exercise
or not to exercise such authority shall give rise to a duty or responsibility of the
Architect to the Contractor, Subcontractors, material and equipment suppliers,
their agents or employees or other persons performing portions of the Work.
2.6.12 The Architect shall review and approve or take other appropriate action
upon Contractor's submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
The Architect's action shall be taken
. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractor, all of which
remain the responsibility of the Contractor to the extent required by the Contract
Documents The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of
construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly
of which the item is a component. When professional certification of performance
characteristics of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the performance
criteria required by the Contract Documents.
* shall recommend that
Owner
* within 10 working days
from Architect's receipt of
the submittal, with an
additional 5 working days
should sub-consultant
review be required.
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2.6.13 The Architect shall prepare Change Orders and Construction Change
Directives, with supporting documentation and data if deemed necessary by the
Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval
and execution in accordance with the Contract Documents,
2.6.14 The Architect shall conduct inspections * to determine the date or dates
of Substantial Completion and the date of final completion, shall receive and
forward to the Owner for the Owner's review and records written warranties and
related documents required by the Contract Documents and assembled by the
Contractor,
* including a final punch
list inspection with the
Contractor and the
Owner's representative.
and shall issue, or if
Owner requires issuance
of a final certificate by its
designated representative,
shall recommend issuance
of, a final Certificate for
Payment upon compliance
with the requirements of
the Contract Documents.
2.6.15 The Architect shall interpret aed-deeide matters concerning performance
of the Contractor under the requirements of the Contract Documents
on written request of a heF the Owner BF GeRYaete . The Architect's response to
such requests shall be made with reasonable promptness and within * afpt time seven calendar days or
limits agreed upon. any other
2.6.16 Interpretations aR-deeisie 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.
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85-118 -1 111-FpFetaNORG OF deeisleR-6 se rNdWed '-R geed W4.
2.6.18 The Architect shall render written * deeieieas within a reasonable time on opinions
all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the Work as provided in the when requested by the
Contract Documents Owner
,
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Rev. ,0/1&95
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ARTICLE 3
Additional Services
3.1 GENERAL
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 be paid for by the Owner as
provided in this Agreement, in addition to the compensation for Basic Services.
The services described under Paragraphs 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under
Contingent Additional Services in Paragraph 3.3 are required due to
circumstances beyond the Architect's control, the Architect shall notify the Owner
prior to commencing such services. If the Owner deems that such services
described under Paragraph 3.3 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 Services are not required, the Architect shall have no
obligation to provide those services.
3.2 PROJECT REPRESENTATION
BEYOND BASIC SERVICES
with the mutual consent
3.2.1 If more extensive representation at the site than is described in and approval of the Owner
Subparagraph 2.6.5 is required, the Architect * shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the
Architect, and the Architect shall be compensated therefor as agreed by the
Owner and Architect. The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the edition of AIA Document
B352 current as of the date of this Agreement, unless otherwise agreed.
3.2.3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such project representation shall
not modify the rights, responsibilities or obligations of the Architect as described
elsewhere in this Agreement
3.3 CONTINGENT ADDITIONAL SERVICES
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 Add Paragraph 12.7.
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.
Rev. ,ona95
w51UW41-11h082M 7a2 -7-
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 Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other documentation and
other than for changes
supporting data, evaluating Contractor's proposals, and providing other services
due to errors or omissions
in connection with Change Orders and Construction Change Directives.
of Architect including his
consultants
3.3.4 Providing services in connection with evaluating substitutions proposed by
the Contractor and making subsequent revisions to Drawings, Specifications and
other documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work damaged by fire or
other cause during construction, and furnishing services required in connection
with the replacement of such Work
3.3.6 Providing services made necessary by the default of the Contractor, by
major defects or deficiencies in the Work of the Contractor, or by failure of
performance of either the Owner or Contractor under the Contract for
Construction.
3.3.7 Providing services in evaluating an extensive number of claims submitted
by the Contractor or others in connection with the Work.
3.3.8 Providing services in connection with a public hearing, arbitration See Paragraph 12.8.
proceeding or legal proceeding except where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential bids or providing except where extensive
services in connection with bidding, negotiation or construction prior to the additional work is not
completion of the Construction Documents Phase. required, or if alternate,
separate, or sequential
bids are required by this
Agreement.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and programming the * except refining existing
requirements of the Project. program is part of Basic
Services.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.4.4 Providing special surveys, environmental studies and submissions required Add Paragraph 12.3.
for approvals of governmental authorities or others having jurisdiction over the
Project.
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3.4.5 Providing services relative to future facilities, systems and equipment. * except that providing for
future expansion is part of
Basic Services.
3.4.6 Providing services to investigate existing conditions or facilities or to make
measured drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or other information
furnished by the Owner.
3.4.8 Providing coordination of construction performed by separate contractors or
by the Owner's own forces and coordination of services required in connection
with construction performed and equipment supplied by the Owner
3.4.9 Providing services in connection with the work of a construction manager or except those listed in
separate consultants retained by the Owner. Paragraph 12.16.
8.4.4 9 PFeyidiR@ detailed WOMBS 81 GORMFU6VOR G861. See Paragraphs 12.2,
12.16.
3.4.11 Providing detailed quantity surveys or inventories of material, equipment
and labor.
3.4.12 Providing analyses of owning and operating costs
3.4.13 Providing ' services required for or in See Paragraph 12.16.
connection with the selection, procurement or installation of furniture, furnishings
and related equipment
3.4.14 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.
3.4.16 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.
3.4.17 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance
manuals, training personnel for operation and maintenance, and consultation
during operation.
3.4.18 Providing services after issuance to the Owner of the final Certificate for
Payment, or in the absence of a final Certificate for Payment, more than 60 days
after the date of Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than architectural, structural, unless otherwise
mechanical and electrical engineering portions of the Project provided as a part specified in this
of Basic Services. Agreement. Add
Paragraph 12.16.
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3.4.20 Providing any other services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted architectural
practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requirements for the
Project, including a program which shall set forth the Owner's objectives,
schedule, constraints and criteria, including space requirements and
relationships, flexibility, expandability, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall budget for the Project,
including the Construction Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4.3 If requested by the Architect, the Owner shall furnish evidence that financial
arrangements have been made to fulfill the Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's
behalf with respect to the Project. The Owner or such authorized representative
shall render decisions in a timely manner pertaining to documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential
progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal
description of the site The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property
and structures; adjacent drainage; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available utility services and
lines, both public and private, above and below grade, including inverts and
depths. All the information on the survey shall be referenced to a project
benchmark.
4.6 The Owner shall furnish the services of geotechnical engineers when such
services are requested by the Architect. Such services may include but are not
limited to test borings, test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground corrosion and resistivity tests,
including necessary operations for anticipating subsoil conditions, with reports
and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such
services are reasonably required by the scope of the Project and are requested
by the Architect.
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4.7 The Owner shall furnish structural, mechanical, chemical, air and water
pollution tests, tests for hazardous materials, and other laboratory and
environmental tests, inspections and reports required by law or the Contract
Documents
4.8 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing
services the Owner may require to verify the Contractor's Applications for
Payment or to ascertain how or for what purposes the Contractor has used the
money paid by or on behalf of the Owner
4.9 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.
4.10 Prompt written notice shall be given by the Owner to the Architect if the
Owner becomes aware of any fault or defect in the Project or nonconformance
with the Contract Documents.
4.11 The proposed language of certificates or certifications requested of the
Architect or Architect's consultants shall be submitted to the Architect for review
and approval at least 14 days prior to execution. The Owner shall not request
certifications that would require knowledge or services beyond the scope of this
Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner
of all elements of the Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current market rates of labor
and materials furnished by the Owner and equipment designed, specified,
selected or specially provided for by the Architect, plus a reasonable allowance
for the Contractor's overhead and profit. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and
for changes in the Work during construction.
5.1.3 Construction Cost does not include the compensation of the Architect and
Architect's consultants, the costs of the land, rights-of-way, financing or other
costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of
Construction Cost and detailed estimates of Construction Cost, if any, prepared
by the Architect, represent the Architect's best judgment as a design professional
familiar with the construction industry. It is recognized, however, that neither the
Architect nor the Owner has control over the cost of labor, materials or
equipment, over the Contractor's methods of determining bid prices, or over
* unless otherwise
specified in the Contract
Documents. See
Paragraph 12.25.
w5&lb141-V► 082M 11d2 -11-
competitive bidding, market or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or negotiated prices will not
vary from the Owner's Project budget or from any estimate of Construction Cost
or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of this
Agreement by the furnishing, proposal or establishment of a Project budget,
unless such fixed limit has been agreed upon in writing and signed by the parties
hereto. If 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, 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 include in the Contract Documents alternate bids to
adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be
increased in the amount of an increase in the Contract Sum occurring after
execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days
after the Architect submits the Construction Documents 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 between the date of
submission of the Construction Documents to the Owner and the date on which
proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5 responsible bid
2.3) is exceeded by the lowest , 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 if the Project is abandoned, terminate in accordance with Paragraph
8.3; or
.4 cooperate in revising the Project scope and quality as required to
reduce the Construction Cost.
5.2.5 * If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, Add Paragraph 12.17.
without additional charge, shall modify the Contract Documents as necessary to
comply with the fixed limit, if established as a condition of this Agreement. The
modification of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit. The Architect shall
be entitled to compensation in accordance with this Agreement for all services
performed whether or not the Construction Phase is commenced.
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ARTICLE 6
USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS
AND OTHER DOCUMENTS
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ARTICLE 7
ARBITRATION
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ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon not less than seven
days' written notice should the other party fail substantially to perform in
accordance with the terms of this Agreement
mitiatiRg the 'OR.
8.2 If the Project is suspended by the Owner for more than 30 consecutive days,
the Architect shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Architect's compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and
resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon not less than seven
days' written notice to the Architect in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90
consecutive days, the Architect may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner to make payments to the Architect in accordance with
this Agreement ehe# * be considered substantial nonperformance and cause for
termination.
8.5 If the Owner fails to make payment when due the Architect for services and
expenses, the Architect may, upon seven * days' written, notice to the Owner,
suspend performance of services under this Agreement. Unless payment in full is
received by the Architect within seven days of the date of the notice, the
suspension shall take effect without further notice. 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.
8.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination, together with
Reimbursable Expenses then du
PaFa@Faph 8.7
Rev. 10/19%
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*Substitute 12.10.
* may
Add Paragraph 12.11.
* fourteen calendar
phas
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be governed by the law of
the
9.2 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction, current as
of the date of this Agreement
9.3 Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion, or
the date of issuance of the final Certificate for Payment for acts or failures to act
occurring after Substantial Completion.
9.5 The Owner and Architect, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this
Agreement and to the partners, successors, assigns and legal representatives of
such other party with respect to all covenants of this Agreement. Neither Owner
nor Architect shall assign this Agreement without the written consent of the other.
9.6 This Agreement represents the entire and integrated agreement between the
Owner and Architect and supersedes all prior negotiations, representations or
+DelOW 11/1/95
w5&b141-M 082295 15d2 - I S-
* State of California,
County of Marin, and the
Town of Tiburon
* unless otherwise set
forth in this Agreement.
agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contractual relationship
with or a cause of action in favor of a third party against either the Owner or
Architect
9.8 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 in any form
at the Project site, including but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
9.9 The Architect shall have the right to include representations of the design of
the Project, including photographs of the exterior and interior, among the
Architect's professional materials. The Architect's materials shall not include the
Owner's confidential or proprietary information if the Owner has previously
advised the Architect in writing of the specific information considered by the
Owner to be confidential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the promotional materials
for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct salaries of the Add Paragraph 12.19.
Architect's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits, insurance, sick leave,
holidays, vacations, pensions and similar contributions and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and
Additional Services and include expenses incurred by the Architect and
Architect's employees and consultants in the interest of the Project, as identified
in the following Clauses.
10.2.1.1 Expense of transportation in connection with the Project; expenses in
connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the
Project
10.2.1.2 Expense of reproductions, postage and handling of Drawings,
Specifications and other documents
* except as specified in
Paragraph 12.12.
other than for
correspondence. See
Paragraph 12.12.
wSVW141-0088 1W -16-
10.2.1.3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner
10.2.1.5 Expense of additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess of that
normally carried by the Architect and Architect's consultants.
10.2.1.6
.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.2 Subsequent payments for Basic Services shall be made monthly and,
where applicable, shall be in proportion to services performed within each phase
of service, on the basis set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.
1 of this Agreement is exceeded or extended through no fault of the Architect,
compensation for any services rendered during the additional period of time shall
be computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation 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 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, the most recent preliminary
estimate of Construction Cost or detailed estimate of Construction Cost for such
portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's Additional Services and for
Reimbursable Expenses shall be made monthly upon presentation of the
Architect's statement of services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 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
which the Architect has been found to be liable.
* except those of a
preliminary nature dealing
with design concepts.
* Special 3D motion
graphics if requested by
Owner shall be a
reimbursable expense.
wSAV 41-M 082295 17d2 -17-
10.6 ARCHITECTS ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional
Services and services performed on the basis of a multiple of Direct Personnel
Expense shall be available to the Owner or the Owner's authorized
representative at mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
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:
11.2.2
eefieR Ge4, Progress payments for Basic Services in each phase shall
payable. *
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:
As agreed beforehand by Owner and Architect, if such services are
requested by Owner.
[Continued on next page]
* See Paragraph 12.26.
* not exceed the amounts
per service and per phase
shown in Exhibit 3. Should
the costs of any one phase
be less than the projected
total for that phase, the
balance remaining shall
shift forward into the next
phase of work.
Rev. 9127195
wStblbl4l-0 082295 1843 -1 g-
Fixed stipulated sum or hourly fees not to exceed a maximum as agreed
beforehand by Owner and Architect.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT and its Consultants,
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, ,
compensation shall be computed as follows:
Fixed stipulated sum(s), or hourly fees not to exceed a maximum, as
agreed beforehand by Owner and Architect.
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 and one-tenth (1.1) times the amounts billed to the
Architect for such services, subject to the provisions of Paragraph 11.3.2.
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 and one-tenth (1.1) 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 twenty-four (24) months of the date hereof, through no fault of
the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable within thirty 30 days from the date of the
Architect's invoice. AmewRie wpaid days aRe. 11- ....-Ise dc-de shall beaF
"%F%f 1110 Owl 19 the 18gal Fate
11.5.3 The rates Wiles set forth for Additional Services shall be annually
adjusted in accordance with normal salary review practices of the Architect, as
set forth in Paragraph 10.1.1.
11.6 FIXED LIMIT OF CONSTRUCTION COST 4
11.6.1 A fixed limit of construction cost of $1.4 million, including
contingencies as approved by the Owner, shall be a condition of this Agreement,
in accordance with Paragraphs 5.2.4 and 5.2.5.
* Paragraph 11.6 added
Rev. 9/27/95
w5ltbtb141-1h 082295 1943 -19-
ARTICLE 12
OTHER CONDITIONS OR SERVICES
See attached Article 12 additions.
AGREEMENT
ARCH
Principal, Bull Stockwell Allen and Ripley, Architects, a California Corporation
(Printed name and title)
watb1bl41-M082M 2044 -20-
This Agreement entered into as of the day and year first written above.
Par. Amending
Article 12 Additions
12.1 (1.1.2) Schedule:
The schedule for the performance of the Architect's Services shall conform to the
approved overall project schedule, including the periods for Owner's review and
approvals.
12.2 (2.2.5, 2.3.2, Cost Estimates:
2.4.3) As part of the Basic Services, the Architect shall provide the services of a cost
consultant who shall prepare cost estimates to identify the cost of the Project,
including for architectural, mechanical, electrical and other systems, materials
and elements, so that alternative choices may be evaluated where appropriate in
order to meet budget constraints. The Architect shall provide information to the
cost consultant as necessary for the preparation of the estimates.
12.3 (2.4.4, 3.4.4) Environmental Review Information:
As part of Basic Services, Architect shall provide Owner's environmental review
consultant, Planning Department and/or other agency with copies of any
documents or information required under this Agreement to be prepared by
Architect for the Project.
12.4 (2.5.1) Contract Forms; General and Supplementary Conditions:
To the extent possible, Owner shall provide Architect with Owner required
materials for Architect's project manual. These shall include, but not be limited
to, agreement forms, bond and insurance requirements and general or
supplementary conditions required by Owner in addition to any other appropriate
general and/or supplementary conditions recommended by the Architect.
12.5 (2.6.5) Construction Meetings and On-site Visits:
The Basic Services shall include the Architect's attendance at a site meeting
every two weeks during construction, with additional intermediate meetings and
site visits as necessary during the course of construction. The Architect's
consultants shall also attend such meetings and provide site visits as necessary
for the work for which the consultants have provided services. The precise
schedule of visits shall be arranged with the Owner and Contractor.
12.6 (2.6.8) Communications:
Architect shall promptly provide Owner with copies of all written
communications between the Architect and the Contractor, and between the
Architect and its consultants.
12.7 (3.3.1.2) Codes:
Drawings, specifications or other documents prepared by Architect shall conform
to all published codes, laws and regulations which are adopted or have been
published and are pending adoption.
12.8 (3.3.8) Town Meetings:
Basic services shall include appearances at Town Council, board or commission
hearings at which Architect's attendance is required to present the Project design
or discuss other Project matters.
Rev. W4195
wbltlW41-1h1d5081895 Article 12 - Page 1
12.9.1 (6.2) Ownership of Drawings and Documents:
Subject to the provisions of Paragraph 12.9.2 below, the original drawings,
specifications and other documents, computer tapes or disks or reproducibles
thereof, prepared by Architect for this Project are and shall be the property of
Owner whether or not the work for which they are made is performed.
12.9.2 (6.2) Limitation of Liability:
Upon termination under Article 8 of this Agreement and upon Owner's payment
of the amount required to be paid under that Article, the original drawings,
specifications and other documents, computer tapes or disks or reproducibles
thereof prepared for the Project shall be transferred to Owner upon request
without additional compensation. Owner shall have the right to utilize any
completed or uncompleted drawings, specifications or other documents prepared
by Architect for this Project. In the event such drawings are utilized by the
Owner after termination of the Agreement, owner agrees to hold harmless,
indemnify and defend Architect against all claims, demands, actions, causes of
action, losses, damages, liabilities, costs and expenses, including but not limited
to reasonable attorney's fees or obligations which arise out of the use of those
drawings except for work which was not revised or which was done under the
Architect's services including construction observation services.
12.10 (Art.7) Arbitration, Litigation:
No claim, dispute or other matter in question between the parties to this
Agreement shall be submitted to arbitration unless agreed upon by both parties.
Any lawsuits between the parties shall be filed in Marin County Superior Court.
Mediation:
Should both parties so agree, claims, disputes or other matters in question
between the parties to this Agreement arising out of or relating to this
Agreement or breach thereof shall be subject to mediation under the
auspices of a recognized, neutral third-party professional mediation
service, or other mediation method acceptable to the parties, prior to
undertaking any legal action.. The cost of the mediation service shall be
borne equally by the parties. A demand for mediation shall be made
within a reasonable time after the claim, dispute or other matter in
question has arisen.
12.11 (8.4) Payment to Consultants:
Failure of the architect to make prompt payment to any of its consultants,
employees or creditors who may have stop notice rights against the Project may
be treated by the owner as substantial nonperformance and cause for termination.
12.12 (10.2.1.1.) Reimbursable Expenses:
Expenses for telephone, fax and other communications between Architect's
office, San Francisco and Tiburon in connection with Basic Services shall not be
reimbursable. Automobile travel in connection with the Project shall be
reimbursable at the rate of 28 cents per mile. Express delivery charges in excess
of regular postal charges, if requested by Owner, shall be a reimbursable
expense.
12.13 Architect as Independent Contractor:
Architect is an independent contractor and shall not be deemed to be an agent,
servant or employee of Owner for any purpose.
w5ftb141 •tlh 2d6 081895 Article 12 - Page 2
12.14 Hold Harmless:
Architect shall hold harmless, indemnify and defend Owner, its officers,
employees, agents, boards and commissions, whether elected or appointed, from
and against all claims, demands, actions, causes of action, losses, damages,
liabilities, costs and expenses, including but not limited to reasonable attorney's
fees or obligations, for or in connection with personal or bodily injury or damage
to property, (both real and personal) which arises out of or is in any way
connected with the willful misconduct, negligent act, error or omission of
Architect, or its agents, contractors, subcontractors or employees in connection
with the performance of this Agreement.
12.15 Insurance:
Architect shall not commence work under this Agreement until obtaining all
insurance required under this paragraph and having that insurance approved by
the Town Attorney as to form and amount, nor shall Architect allow any
contractor or subcontractor to commence work until all similar insurance
required of the contractor or subcontractor has been obtained and approved. All
requirements shall appear either in the body of the insurance policy or in
endorsements and shall specifically bind the insurance carrier.
Architect shall take out and maintain during the life of this Agreement the
following policies of insurance:
(A) Worker's Compensation and Employers' Liability Insurance in the
statutory coverage. In signing this Agreement, Architect makes the
following certification:
"I am aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against
liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of the Code, and I
will comply with such provisions before commencing the
performance of the work of this Agreement."
(B) Commercial General Liability Insurance: In an amount not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for injuries
including, but not limited to, death to any one person and subject to the
same limit for each person in an amount not less than ONE MILLION
DOLLARS ($1,000,000.00) combined single limit per occurrence for
bodily injury, personal injury and property damage.
(C) Automobile Liability (Code 1) Insurance: In an amount not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) combined
single limit per accident for bodily injury and property damage.
(D) Errors and Omissions Insurance: Throughout the term of this Agreement,
Architect shall maintain in full force and effect, professional liability
insurance with a minimum limit of one million dollars ($1,000,000)+
combined single limit to cover damages that may be the result of errors,
omissions, or negligent acts of the architect. This insurance shall be kept
in force for not less than one (1) year after completion of the services
described in this Agreement.
+Rev.1111195
wSbbb141-0h 3d6 081895 Article 12 - Page 3
(E) The Town of Tiburon, its officers, employees, agents, boards or
commissions, whether elected or appointed, shall be added as additional
insureds on the insurance coverages required by subsections (b), (c), and
(d) above with regard to work performed on the Project. These policies
of insurance shall also contain a provision indicating that such insurance
shall not be reduced or canceled except upon thirty (30) days written
notice to Owner. In addition, the following endorsement shall be made
on the policy of insurance:
"Notwithstanding any other provision in this policy, the
insurance afforded hereunder to the Town of Tiburon shall be
primary as to any other insurance or reinsurance covering or
available to the Town of Tiburon, and such other insurance or
reinsurance shall not be required to contribute to any liability or
loss until and unless the approximate limit of liability afforded
hereunder is exhausted."
(F)
Architect shall submit evidence of the insurance coverages required by
this section to the Town Attorney for approval as to form and amount.
These policies of insurance shall also contain a provision indicating that
such insurance shall not be reduced or canceled except upon thirty (30)
days written notice to Owner.
12.16 (2.1.1) Consultants Services Included or Not Included in Basic Services:
The following services, in addition to the normal structural, mechanical and
electrical services listed in Paragraph 2.1.1, are included in Basic Services:
(A)
Civil Engineer, for on-site work and work on adjacent areas, including
driveway entrances, sidewalks and curbs, and work on Town property
immediately adjacent on the North which is to be improved as part of
this Project, up to and including the path;
(B)
Landscape architect, for on-situ work and work on adjacent areas,
including driveway entrances, sidewalks and curbs, and work on and
Town property immediately adjacent on the North which is to be
improved as part of this Project, up to and including the path;
(C)
Selection of materials and color schemes for interior floor, wall, ceiling,
built-in cabinetwork and equipment surfaces; furniture layouts. (See
12.16(K) below for services in connection with selection, procurement
and installation of furnishings.)
(D)
Acoustic consultant for acoustic treatment;
(E)
Documenting conduit as directed by Owner's communications, sound
and special security consultants;
(F)
Cost estimating;
(G)
Graphics design (signs)
The following are not part of Basic Services. The Owner at its option directly
may employ consultants for such:
(H) Communications;
(I) Sound systems;
(J) Special security (camera, card access, etc.);
(K) Interior design consultant services in connection with selection,
procurement and installation of furnishings, or the Owner may retain the
Architect for such services at the sum set forth in paragraph 12.26
(11.2.1);
w5ft b141 Ah M6 081895 Article 12 - Page 4
(L) Off-site civil engineering for work in the marsh area north of the
pathway; paving and curbs on Mar West and Tiburon Boulevard.
12.17 (5.2.5) Fixed Limit of Cost:
At the beginning of Paragraph 5.2.5 insert: "A fixed limit including allowance(s)
and contingencies as approved by the Owner, as specified under Paragraph 11.6
of this Agreement, shall be a condition of this Agreement. The modifications
required by Paragraph 5.2.4.4 shall be done at no charge to the Owner if the
lowest responsible bid submitted exceeds the fixed limit, including approved
allowances and contingencies."
12.18 (2.1.2) Preliminary Design Phase:
The Basic Services and Fees shall incorporate into the Preliminary Design Phase
the following services and fees described in the Agreement for the Initial Master
Planning Phase, dated August 8-9, 1985.
(A) Refine the building and site program,
(B) Develop a series of alternative approaches to building siting, parking,
access and massing,
(C) Refine the preferred approach to the level required for environmental
review and prepare those documents necessary for environmental review.
12.19 (10.1.1) Hourly Rates:
Fees which are to be compensated on an hourly basis shall be computed on the
basis of flat hourly rates, which shall include all Direct Personnel Expenses,
whether or not specified in paragraph 10.1.1, as shown in the Hourly Rate
Schedule in the Exhibit attached to this Agreement. This Schedule shall cover
specific key personnel of the Architect and its Consultants who will be working
on the Project, as well as the range of flat rates for categories of other personnel
who cannot be identified at the time of execution of the Agreement. The rates in
the Hourly Rate Schedule shall not be adjusted more frequently than annually;
with the Architect's rates subject to adjustment each October.
Time spent during travel within the Bay area shall not be chargeable.
Hourly charges of principals attending Town meetings may be reduced as agreed
by Owner and Architect.
12.21 (2.2.3) Site Master Planning in Basic Services:
The Basic Services and Basic Fees shall also include the circulation, site and
master plan studies which have been authorized and provided prior to the
execution of this Agreement.
12.22 Paragraph 12.22 is not used.
12.23 (2.3.1) Revise Design to Town's Approval:
The Basic Services shall include design revisions as necessary to obtain the
Town's approval, except that revisions resulting from changes to the previously
approved Program or instructions shall be compensated as Additional Services as
provided under paragraph 3.3.1.1.
12.24 (2.6.10) Payment Certification by Town's Project Manager or Agent:
The Owner's Project Manager or agent will also have the authority to recommend
approval, disapproval, or amendment of certificates for payment.
Rev. W05
w%bb141.1h 50 081895 Article 12 - Page 5
12.25 (4.7) Lab Tests Requirements:
The requirements for laboratory tests and inspections, as agreed upon by Owner
and Architect, shall be included in the construction specifications.
12.26 (11.2.1) Basic Fee:
a. For the total Project, the Compensation (Basic Fee) for the Basic
Services and scope described in this Agreement shall be on an hourly basis, not
to exceed the amounts per Service and per Phase shown in Exhibit 3, and a
maximum total of.
194.450*
b. This Basic Fee includes the fees for the initial master planning phase of
work, as specified in the Agreement dated August 8 & 9, 1995, on an hourly
basis not to exceed a maximum of:
$25.000
C. The Basic Fee includes Allowances for Landscape Architecture and Civil
Engineering services not to exceed:
$17.000* for Landsc= Architecture services
$9.500* for Civil En in ri ng services
The final amounts for these services shall be as determined and agreed by Owner
and Architect. If the final amounts are less than the Allowances, the total Basic
Fee shall be reduced by the amount of such difference.
d. At the Owner's option, the Owner may request the Architect to provide
interior design services in connection with the selection, procurement or
installation of furniture, furnishings and related equipment, fees, in addition to
the above Basic Fee, on an hourly basis not to exceed a maximum of:
$7.500
e. At the Owner's option, the Owner may request the Architect to provide
other services in addition to the above Basic Fee, on an hourly basis not to
exceed the following maximums:
-Graphics and Signage: $3.000
List of Attached Exhibits
1. Program Areas
2. Hourly Rates of Key Staff
3. Charges for Architectural and Engineering Services
*Rev. 1111 /95
Rev. 10/4/95
w5ftbl 41-0 082295 Ede Article 12 - Page 6
EXHIBIT 1
Total Enclosed Area
Covered Area
Gross Area
Council Chambers and
Meeting Rooms
Chambers
Meeting Rooms
Recreation Offices
Administration
Planning & Building
Staff Toilet
Staff Lounge
Small Lobby
Public Toilets
Total Enclosed Area
Covered Area off Chambers
Other Covered Areas
Tiburon Town Hall
PROGRAM AREAS
1,600
800
8,650 Sq. Ft.
550
8,925 (8650+550/2)
2,400 Can be used separately or as one large
room
1,250 Close to meeting room; limited public traffic
1,450
2,300
75
275
450
450
8,650
450 Just enough for rainy weather
100
550
(From "Building Costed by Adamson Prior to Election")
Rev, 9V24195
w51hb1b141-dh 082295 1d9
Exhibit 1
CY941121T 7
Tiburon Town Hall
HOURLY RATES OF KEY STAFF
(See Section 12.19)
Hourly Rates of anticipated staff at Bull Stockwell Allen & RiDlev. Architects
Henrik Bull
$120/hr
Mark Schatz
$95/hr (Architectural Project Manager)
Will Adams
$95/hr
Michael Woodcox
$66/hr
T. C. Moore
$56/hr
Alden Marsh
$62/hr
Mark Borchardt
$63/hr
Staff billing rates will be subject to adjustment each October, except for Mr. Schatz.
Hourly Rates of anticipated staff at E.G.Hirsch & Associates. Structural Enaineers
Eph Hirsch $135/hr
Senior Engineer $76/hr
Junior Engineer $66/hr
Drafter $60/hr
Other consultant charges on request.
(From BSAR 8/25/95)
Rev. 9i"M5
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Tiburon Town Hall
STANDARD FORM
OF AGREEMENT BETWEEN
OWNER AND ARCHITECT
Contents
Article 1- Architect's Services and General
Provisions . . . P.2
1.1 Architect's Services:
1.1.1 Services Described
1.1.2 Schedule
1.1.3 Time Limitations
Article 2 - Architect's Basic Services . P. 2
2.1 Definition
2.1.2
Preliminary Phase
2.2
Schematic Design Phase
2.3
Design
Development
2.4
Construction Documents Phase
2.5
Bidding or Negotiation Phase
2.6
Construction Phase:
2.6.1
Phase Commencement and
Termination
2.6.2
Services Provided
2.6.3
Modification of Duties
2.6.4
Architect's Representation of
Owner
2.6.5
Site Visits
2.6.6
Limitations of Construction
Responsibilities
2.6.7
Access to the Work
2.6.8
Communication
2.6.9
Payment Applications
2.6.10
Certificates for Payment
2.6.11
'Rejection or Testing of Work
2.6.12
Submittals, Shop Drawings, etc.
2.6.13
Change Orders
2.6.14
Substantial Completion, Warranties
2.6.15
Interpretations
2.6.16
Consistency of Interpretations
2.6.18
Written Opinions
Article 3 - Additional Services , P. 7
3.1
General
3.2
Project Representation Beyond Basic
Services
3.3
Contingent Additional Services:
3.3.1
Revisions
3.3.2
Project Changes
3.3.3
Change Orders
3.3.4
Substitutions
3.3.5
Fire or Other Damage
3.3.6
Default
3.3.7
Claims
3.3.8
Hearings, Proceedings
3.3.9
Alternate, Fast-Track, Separate,
Sequential Bids
3.4 Optional Additional Services
3.4.1
Analysis and Programming
3.4.2
Feasibility, Special Studies
3.4.3
Planning Surveys, Site Evaluations
or Comparative Studies
3.4.4
Governmental Studies or
Submissions
3.4.5
Future Facilities
3.4.6
Existing or Other Facilities
3.4.7
Furnishing or Verifying Owner's
Information
3.4.8
Separate Contractors
3.4.9
Separate Consultants
3.4.10
Detailed Estimates
3.4.11
Quantity Surveys
3.4.12
Owning and Operating Costs
3.4.13
Interior Design
3.4.14
Tenant Services
3.4.15
Inventories and Appraisals
3.4.16
Record Drawings
3.4.17
Testing, Operation
3.4.18
Post Completion
3.4.19
Providing Other Consultants
3.4.20
Other Additional Services
Article 4 - Owner's Responsibilities . P. 10
4.1 Information
4.2 Budget
4.3 Legal and Financial Information
4.4 Owner's Representative, Approvals
4.5 Surveys, Existing or Base Building
Information
4.6 Geotechnical Engineers
4.6.1 Other Consultants
4.7 Tests
4.8 Legal, Accounting, Insurance Services
4.9 Expense, Schedule, Accuracy
4.10 Notice of Defects
4.11 Certificates and Other Forms
Article 5 - Construction Cost . , P. 11
5.1 Definition:
5.1.1 Construction Cost
5.1.2 Inclusions
5.1.3 Exclusions
5.2 Responsibility for Construction Cost:
5.2.1 Estimates
5.2.2 Fixed Limit of Construction Cost
\w5\tib\stc toc 101895; Rev. through 11/1/95 Contents STC-TOC 1
5.2.3 Delayed Bidding or Negotiation
5.2.4 Owner's Rights if Fixed Limit is
Exceeded
5.2.5 Architect's Responsibilities if Fixed
Limit is Exceeded
Article 6 - Use of Architect's Drawings,
Specifications and other Documents P. 13
(See 12.9.1,12.9.2)
Article 7 - Arbitration (See 12.10) . P. 13
Article 8 - Termination, Suspension or
Abandonment . . P. 14
8.1 Termination by Either Party
8.2 Suspension and Resumption
8.3 Notice; Abandonment
8.4 Failure to Make Payments
8.5 Notice Upon Failure to Make Payments
8.6 Compensation Upon Termination
84 Yi
Article 9 - Miscellaneous Provisions , P. 15
9.1 Law Governing
9.2 Exercise of Rights
9.3 Time Limits
*0 4 pr-op" Tnn..ynnnn \Ilni..nrn
9.5 Successors and Assigns
9.6 Entire Agreement
9.7 Third Parties
9.8 Hazardous Materials
9.9 Professional Credits
Article 10 - Payments to Architect . . . , P. 10
10.1 Direct Personnel Expense (Hourly Rates)
10.2 Reimbursable Expenses
10.3 Payments on Account of Services
10.3.2 Progress Payments
10.3.3 Time Extensions
10.3.4 Deleted Work; Change in Scope
10.4 Payments on Account of Additional
Services, Reimbursable Expenses
10.5 Payments Withheld
10.6 Architect's Accounting Records
Article 11 - Basis of Compensation . P. 18
11.2 Basic Compensation
11.2.1 Basic Services
11.2.2 Progress Payments
11.3 Compensation for Additional Services
11.3.1 Project Representation
\w5\tib\stc toc 101895; Rev, through 11/1/95
11.3.2 For Additional Services of
Architect
11.3.3 For Additional Services of
Consultants
11.4 Reimbursable Expenses
11.5 Additional Provisions
11.5.1 Time Extension
11.5.2 Payment Due Date
11.5.3 Rate Adjustment Period
11.6 Fixed Limit of Construction Cost
Agreement (Signatures): . . . . . . , P. 20
Article 12 - Other Conditions
or Services , Art. 12-P.1
12.1 Schedule
.12.2 Cost Estimates
12.3 Environmental Review Information
12.4 Contract Forms; General and
Supplementary Conditions
12.5 Construction Meetings and On-site
Visits
12.6 Communications
12.7 Codes
12.8 Town Meetings
12.9.1 Ownership of Drawings and Documents
12.9.2 Limitation of Liability
12.10 Arbitration, Litigation, Mediation
12.11 Payment to Consultants
12.12 Reimbursable Expenses
12.13 Architect as Independent Contractor
12.14 Hold Harmless
12.15 Insurance
12.16 Consultants Services Included or Not
Included in Basic Services
12.17 Fixed Limit of Cost
12.18 Preliminary Design Phase
12.19 Hourly Rates
12.20 Not Used
12.21 Site Master Planning in Basic Services
12.22 Not Used
12.23 Revise Design to Town's Approval
12.24 Payment Certification by Town's Project
Manager or Agent
12.25 Lab Tests Requirements
12.26 Basic Fee
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Contents
Program Areas
Hourly Rates of Key Staff
Charges for Architectural and
Engineering Services
STC-TOC 2
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_Art. 12 -p.1
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Exhib.1
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Exhib.2
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Exhib.3
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