HomeMy WebLinkAboutAgenda Report - January 5, 1994 (35)CIN OF LODI I I COUNCIL COMMUNICATION
AGENDA TITLE: Architectural Services for MSC Electric Utility
Modification/Expansion Project ($22,125)
MEETING DATE: January 5, 1994
SUBMITTED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to
execute the architectural agreement with Menell Mattheis
Bowe for architectural services for the MSC Electric
Utility Modification/Expansion Project. This agreement
is for architectural and engineering services from the schematic design phase though
construction observation on a time and materials basis, not to exceed $22,125.
BACKGROUND INFORMATION: The Electric Utility Department's 1993-94 fiscal year
budget was approved with the recommendation to modify and
expand the existing Service Center at the MSC to provide
the necessary facilities for implementation of the trans-
former and tools repair shop. The City Council may recall the discussion of this
subject matter at both the budget review as well as at the Town Hall meetings
earlier this year,
The Service Center when first constructed in 1981 included an area to be utilized as
a future transformer repair shop. However, due to needs developing over the years,
this area is presently occupied by office space, specialized equipment and parts
storage, ice machine and a minor work bench area. As a result, repair work and
testing of transformers in this area is not possible.
This project will provide needed office and storage space in other areas so that the
original shop area can be regained and utilized for its intended purpose. Staffing
to perform the repair work was added during the 1989-90 fiscal year period. This
project will also bring the Service Center into necessary conformance with the
requirements of the Americans with Disabilities Act by modifying existing men's
restroom facilities and provide women's restroom/locker room facilities. The
modification/ expansion also involves the installation of a fire sprinkler system
throughout the facility. Additionally, this project will provide needed office
space so that one remaining office trailer can be removed upon project completion.
Permit extensions for this trailer have been exhausted. The trailer has been in
service since 1986.
APPROVED. A
THOMAS A. PETERSON
veyusO 6 •oe
City Manages
CCEXPANS/CO.COM
cC-t
Architectural Servicesr MSC Electric Utility
Modification/Expansion Project ($22,125)
January 5, 1994
Page two
The estimated construction contract cost is $168,600 all of which is included in the
current budget.
FUNDING: Included in the Department's 1993-94 fiscal year budget.
Henry J. Rice
Electric Utility Director
Prepared by: Hans Hansen, Asst. Electric Utility Director
Attachments (3)
c: City Attorney
Public Works Director
Building & Equipment Maintenance Superintendent
Purchasing Officer
CCEXPANS/CO.COM
Y , mss;' o .. -.:_ .,,: u ,• :r., 3-
T A I A M I: I t C i N S T t T U T E F A R C H I T I C T S
AIA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
ANA TT0JLVEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR .MODIFICATION.
AGREEMENT
made as of the day of December
Nineteen Hundred and Ninety -Three
BETWEEN the Owner: CZ" OF LODI
(.carne and addms) P O Box 3006
Lodi, California 95241-1910
and the Architect: WENELL MATTHEZS BOWE
(Name and 4d*m) 222 W Lockeford St, Suite 9
Lodi, California 95240
For the following Project: HSC ELECTRIC UTILITY HODZFICATZON/EXPANSION
Onclw* d 10*d descripttwt of Project, i -ft t addren -id scree.)
in the year of
A 1,594 square foot addition between existing office and shop facilities to
Include offices, engineering area expansion, teeter storage and a women's
toilet and locker room. The project also consists of modification of
existing facilities including dividing area into individual work stations,
handicap accessibility of the men's toilet room, rework of existing HVAC
ducting in existing men's toilet roots/kitchen area and fire sprinkler system
In complete facility.
The Owner and Architect agree as set forth below.
Copyrtgltt 191ts,7, 1926, 1948. 1931, 1953.1958, 1961. 1963, 1966. 1967 1970, 1974, 1977, ®1987 by The Atnerksn Institute
of 17Mc1735 New York Avenue. N.W., Washington, D.C. 2000. Reproduction of the materia! herein or substantW
quotation of itsprovisions wwritten
9thout permission of the AIA vthe iotatcs copyright laws of the United States and %-W be
st+M� to .0 prosecution.
AIA OOCtlMEM 1!141 • OINER•ARCHITECT AGREDtE%'T • FOt:RTEF%TH EDITION • AIA* • C 1987
THE AMERICAN 1%,STITITE OF ARCHITECTS, 17351.'EW YORK A%TN'VE. %V.. vASHINGTON. D.C. 20006
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8141-1987 1
0
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
F
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per,
formed by the Architect, Archhect'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 expedi-
tiously as is consistent with professional skill and cane and the
orderly progress of the Work. Upon request of the Owner, the
Architect shalt 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 Owners review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule 26mmed
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 ARCNITECrS BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.2 through 2.6 and any other Serices identified
in Article 12 as part of Basic Services, and include normal struc-
rural, mechanical and electrical engineering services.
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 2t 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 limita-
tions set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
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 Docu-
ments consisting of drawings and other documents illu..,tr2ting
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current 2=, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments 2uthorizcd by the Owner in the program,
schedule or construction budget, the ArIftect shall prepare.
for approval by time Owner, Design Developownt Docwneets
consisting of dr2w•6mga and other documents to Ibt and t'Por ft,
the size and character of the Prcllect as to xclulecturit smvi:%
tural. mechanical and CICCUICal systems. rnaterbb acid such
other cements as may be apptoprbte.
2.32 The Architect shag advise the Owner of any adIustme tts
to the preliminary estimate of Construction Coat.
24.1 Based on the approved Design Development Docts-
meets and any further adjnaments in the scope at qudky of
the Project or in the corutructiort budget mahorized by the
Owner, the Architect shall prepare, for approval by the Owner.
Construction Documents consisting of Drawings and Specifica-
tions setting forth in dead the requirements for the construc-
tion of the Projea.
2.4.2 Th: Architect shall assist the Owner in the preparation of
the necessary bidding information, bidding forms. the Condi-
tions of the Contract, and the f.)rtn of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advb a the Owner of any adjustments
to previous preliminary estimates of Construction Cost indl-
cated by changes in requirements or general market conditions.
24.4 The 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.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's, approt al 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 for construction.
2.0 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 Contact for Construction and terminates
at the earlier of the issuance to the Owner of the final Certificate
for Pa}'mcnt or 60 days after the date of Substantial Completion
of the Fork, unless extended under the terms of Subparagraph
10.3.3.
2.6.2 The Architect shall provide administration of the Con-
trera for Construction as set forth below and in the edition of
AIA Document A201, General Conditions of the Contact for
Construction, current as of the date of this A¢reement, 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 consent of
the Contractor, which consent jhall not be unreasonably
withheld.
ALA DOCUMENT 9141 •OWKER•ARCHITECT AGREEMENT - FOCRTEENTH EDITION -ALA* -cogs-
THE
lc 19-
TH£ AMERICAN INSTITUTE OF ARCHITECTS. 1'}S NEU TURK AVENUE. %%. U &SHINGTON, DC Z(KK76 6141.17 2
L&4 The Architect shall be a represertgtive of and shall advise
and consult with the Owner (1) during contraction until Brill
payment to the Contractor is due. and (2) as an Additional Ser-
vice at the Owner's direction from time to time during the cor-
rection 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 instnunent.
2.6.5 The Architect shall visit the site at intervals appropriate
to the stage of construction or as otherwise agreed by the
Owner and Architect in writing to become generally fantitiar
with the progress and quality of the Work completed and to
determine in general if the Work is being performed in a man-
ner indicating that the Work when completed will be in 3=w -
dance 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 est
defects and deficiencies in the Work. (Alorr extensity site
representation mq), be agrmd to as an Additiio nal Sen•re as
described in Paragraph 3.2.)
2.6.6 The Architect shall rex have control over or charge of
and shall not be responsible for construction means, methods.
techniq•,ws, sequences or procedures, or for safety ptecautioes
and programs in connection with the Work, since these arc
solely the Contractors responsibility under the Contract for
Construction. The Architect shall not be responsible for the
Contractors schedules or failure to cath- out the Work in accor-
dance with the Contract Documents- The Architect shall not
have control over or charge of acts or omisskms of the Contrac-
tor. 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.
2.6.6 Ex, :pt as may otherwise be provided in the Contract
Documents or when direct communications have been spe-
cially -authorized, the Owner and Contractor shall communicate
through the Architect. CommunIC21 ns by and with tlhe Archi-
tect's consultants shall be throotigh the Architect.
2.6.9 Based on the Architect's observations and es-alu:ttitns of
the Contractor's Applications for Payment, the Architect shall
review and certify the amounts due the Contractor.
2.6.10 The Architec't's certification for payment shall ctinsti-
tutc a representation to the Owner, basc-d on the Aichitco*s
oh-scrvatsns a[ the site as provided in Subparagraph 2.6.5 and
on the data comprising the Contractor's Application for Pay-
ment, that the Work has pnogressrd to the point indicated -and
that. to the (lest of the Architect's knowledge, infomtation and
belief, quality of the A'ork is in accordance with the Contract
Documents. The foregoing representations arc subject to an
evaluation of the Work for conformance with the Contract
Ioecuments uri n Substantial Completion, to results of subse-
quent tests and inspections. to minor deviations from the (:on -
tract I)ocunlents correctable prior to completion and to spe-
cific 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 certi-
ficd, Ht rociltr. the 14 it i;ertifitifte k) i's e
cm
tlty of the Work, (2) reviewed coramlction maw,
Oft seglteehea cc peotxdhtes. (3) o�opks
tri cegtdsitiorts Snboo and tnatetsol step•
pliers and other.data tttqu Owner to substantlar
the Contractors aylullett at (4)a 0�1 how or for
what Contractor has used money prey .per
of the Contract Sum.
M11 The Architect shall have authority to reject Work which
does not conform to the Contract Documents- Whenever the
Architect considers it necessary or advisable for implamata-
tkon of the intent of the Contract Documents. rite Ardhitect will
have authority to tequire additional inspection or testirhg of the
Work in accordance with the provisions of tete Gormact Door
meets, whether or not such Work is bbricated, idled or
completed. However. neither this authority of the Architect not
a decision made in good pith either to exercise or not to exer-
ctse such authority shall give rise to a duty or responsbility of
the Architect to the Contractor. Subconttactom material and
equipment suppliers. their agents or employees or other per-
sons performing portions of the Werk.
2.6.12 The Architect shall review and approve of take other
appropriate action upon Contractor's submittals such as Shop
Drawings. Pttoduct 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 with such reasonable
promptness as to cause no delay in the Work or in the con-
structkhn of the Owner or of separate contractors, while allow -
Ing sufficient time in the Architects professional judgment to
permit adequate review- Review of such submittals is rex con-
ducted for the purpose of determining the accuracy and com-
pletencss 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 (:untract Document%. The Architect's review
shall not constitute appttx-21 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 competent.
When profecsioenal certification of performance characteristics
of materials- systems or equipment is required by the Contract
Documents. the Architect sha11 he entitled to rely upon such
LcrtifK7tion to establish that the material%- systc7ms or equip-
ment will meet the performance criteria required by the (.on -
tract Ioecuments.
2.6.13 The Architect shall prepare Change %,)rdc a and CAn-
structkn Change Directives, with supporting documentation
and data if deemed necessan• 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, and
may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the intent of the Contract
Documents
2.6.14 The Archucct shall conduct inspections to determine
the date or dates of Substantul Completion and the date of final
completion. shall receive and forward to the Owner for the
Owner's review and records written warranters and rclated
documents required by the (contract I) cumcnts and asscni-
hledby the Contmcitin. and shall issue a final (1crtitica[e fur P:n
mcnt ufx)n compliance with the require•nients of the (con(ract
r)ocumcnts
AIA DOCUMENT 8141 • I WNER ARCHITECT AGREEMENT • FOt'RTEEN'rH EDITION • AIA' • " I'*-
3 8141-1967 T'HF .AMERK AN INSTITt TE OF ARCHITECT%. I'i5 NEW YORK AVENUE, N W , WASHINGTON tit 4MXX.
4.6.15 The Architect shall interpret and decide Matters con-
ceming performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of
either the Owner or -Contractor. The Architect's response to
such requests shall be made with reasonable promptness and
withrYn any time limits agreed upon.
2.6.16 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 and initial deci-
sions, the Architect shall endeavor to secure hithful perfor-
mance by both Owner and Contractor. sham net show partiality
to either, and shag not be liable for results of interpretations or
decisions so antlered in good hath.
2.6.17 The Architects decisions on matters relating to aesthe-
tic effect shag be fetal if consistent with the intent expressed in
the Contract Documents.
2.6.16 The Architect shall render written decisions within a
reasonable time on ag claims, disputes or other matters in ques-
tion between the Owner and Contractor relating to the execu-
tion or progress of the Work as,provided in the Contract
Documents.
2.6.16 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6.1 7, shall be subject to arbitration as
provided in this Agreement and in the Contract Documcnis.
r
9,11#111li6.__ • _
3.1.1 The services described in this Article 3 are not included
in Basic Services tmkss so identified in Artkk 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 Owncr prior to com-
mencing such services. If the Owner deems that such scrvicrs
described under Paragraph 3.3 are not required. the Ow•ncr
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Addi-
tional Sen -ices arc not required, the Architect :hall have no eobG-
gation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASK
SERVICES
3.2.1 if more extensive representation at :�,c site than is
described in Subparagraph 2.6.5 Ls required. the Architect shall
provide tate or more Proicct Representatives to assist in carry-
ing 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 compen-
sated 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 ALA
Document B352 current as of the date of this Agreement, unlccs
otherwise agreed.
LJ
32.5 Through the obsamuions by arch Project Represew
tatives, the Architect slam endearot to provide lhrdner preset~
tion for the Owner against dei its and deAciencles In the Work
but the f nnishisng of such project*.tt pearntatiott arum not
modify the rights. responsibilities or obligations of the Architect'
as described elsew•hem In chis Agreement.
3.3.1 %taking misions in Drmings, Specifications Or other
documents when such mislom are:
.1 inconsistent with apptrnyk or hutructions previously
given by the Ow•rter. including revisions rtnade nuts
sari by adjustments in the Owner's program or Prof'
e:ct 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 ow•txt's h9-
ure to render deciskas in a timely runner.
3.3.2 Providing sm ices required because of significant
changes in the Project inducting, but no limited to, sine, qual-
ity, complexity. the Owner's schedule, or the method of bid-
ding or negotiating and contracting for construction, except for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings. Specifications and other documen-
tation and supporting data, evaluating Contractor's proposals.
and providing other srnices in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with valuating substi-
tutions proposed by the Contractor and making subsequent
revisions to Drawings. Specifications and other docunentation
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other carie during consttuctkin. and fur-
nishing services required in connection with the replacement
ofsuch Work.
3.3.6 Providing services made necessary by the default of the
Contractor. by major defects or deficiencies in the Work of the
Contraaor. or by failure of performance of either the Owner or
Contractor under the Contract for Ctnstructitn.
3.3.7 Providing services in evalwting 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 proceeding or Icgal proceeding except %hcrc the
Architect is pane thereto.
3.3.9 Preparing documents for altemate. separate or sequential
bids or providing services in connection with bidding, ncgotia-
tion or construction prior to the completion of the Construc-
tion Documents Pha-sc.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owncr's needs and program-
ming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys. site evaluations or com-
parative studies of prospective sites.
AIA DOCUMENT 0141 • OWNER -ARCHITECT AGREVAE\'T • FOURTEL'TrH EDITION • AIA• • 7.194"
THE AMERICAN INSTITUTE OF ARCHITECTS. I''%S NEa' YORK AVENUE, N W. WASHINGTON. D C24KiOh 8141-1967 4
�_
3.4,4 Providing special awm" s,. environmental studies and
stibmissions required for approvals of governmental authorities
or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems
and equipment. .
3AA 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.
&4A Providing coordination of construction performed by
separate contractors or by the Owner's own forces and coordi-
nation of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.8 Providing services in connection with the work of a con-
sttvction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
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 interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, fumishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations. inventories of materials or equip
ment• or %2ktations and detailed appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings show-
ing 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 Carr•
tificate for Pavment, more than 60 days after the date of Sub-
stantial Completion of the Work.
3.4.18 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a pan of Basic Services.
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 RESPONSIBIUTIES
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 cri-
teria, including space requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements.
5 8141-1887
..,,+....ra«.rn xm.+A'er:7.F T� --v�l.•..a.>:v :-:asp:..... -�-.•. , •. . .
4.2 The Owner shall establish and update an overall bgdget for
the Project, including the Construction Cosec the Ownter's othet
costs and reasonable conttrVncies Mated to a4 of these oasts..
4.3 if requested by the Architect. the Owner AM ftunislu evi-
dence that fhnanciat arixrqltmenu have been made to RM the
Owners obligations under this Agreemem.
4.4 The Owner shall designate a representative auduorb ed to
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shalt tendet dechlons
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 famish 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 shalt include. as applicable.
grades and lines of streets, alleys, pavements and adjoiNng
property and structures: adjacent drainage; rights -of --way,.
restricts its, casements, encroachments, zoning, deed trstsic-
tions, boundaries and contours of the site. kocatiorm dimen-
sion and necessary data pertairning to existitig buildings, other
improvements and trees: and information coriceming available
utility services and lutes• both public and private• above and
below grate. including inverts and depths. All the information
on the survey shall be referenced to a project benchmark.
4.6 The Owner shall fumish the services of gcotcchnical engi-
neers when such services arc requested by the Architect. Such
set•viccs may include but are not limited to test borings, test
pits, determinations of soil bearing values. percolation test%,
evaluations of hazardous materials, ground corrosion v Id resis-
tivity test%, including necessary operations for anticipating suh-
soil
conditions. with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope
of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical.
air and water pollution tats, tests for hazardous materials. and
other laboratory and environmental tats, inspections and
reports required by law or the Contract Document,,.
4.8 The Owner shall fumish all le&d, 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.
4.6 The services, inf-winaiom, surveys and reports required by
Paragraphs -1.5 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 anv 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 consultant,, shall be
submitted to the Architect for review and approval at least 14
days prix to execution. The Owner shall not request certifica-
tion that would require knowledge or services beyond the
scope of this Agreement.
AIA 00Cu FXT 8141 - OWNER -ARCHITECT Av REEMENT - FOURTEENTH EDITION - AIA• - C14H7
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W., WASHINGTON, QC XXX -16
5.1 DEFINITION -
5.1.1 The Construction Cost shall be the total cost or esti•
mated cost to the Owner of all el corms 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 fumWxd by the Owner and
equipment designed, specified, selected or specially provided
for by the Architect, plus a reasonable allowance for the Con-
tractors overhead and profit. In addition, a reasonable allow-
ance 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 no include the compensation of
the Architect and Architects consultants, the costs of the land.
rights -of way, financing or other costs which are the respon-
sibility 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 Con-
struction 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 nei-
ther the Architect nor the Owner has control over the cost of
labor, materials or equipment, over the Contractor's methods
of determining bid prices, or over competitive bidding• market
or negotiating conditions. Accordingly. the Architect cannot
and does not warrant or represent that bids or negotiated prices
will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be cstablished
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 panics 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, com-
ponent s)vcm 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 Docu-
ments 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 aper 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
Constriction Cost shall be adjusted to reflect changes in the
general lcvd of prices in the constriction 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 pro-
vided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated 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;
N, a
.3 if the Project Is abandoned, terminate in -rem dw rt
with Paragraph 6.3: or
.4 cooperate in revising the Project scope and quality as
required to feduce the Conatuction Cost.
5.2.5 If the Owner chooses to proceed tinder Claus 5.2.4.4.
the Architect, without additional charge. shall modify the Con-
tract 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 Wait of the Ardtitect's
responsibility arising out of the establislunim of a (iced Im2.
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 DRAWINGS.
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project ate instnunerits of the
Architect's service for we solely with respect to this Project
and, unless otherwise provided. the Architect shall be deemed
the author of these documents and shall retain all common law.
statutory and other reserved rights. including the ca.pyright.
The Owner shall be permitted to retain copies, including repro-
ducible copies, of the Architects Drawings. Specifications and
other documents for information and reference in connection
with the Owner's use and occupancy of the Project. The Archi-
tect's Drawings. Specifications or other documents shall not be
used by the Owner or others on other projects, for additions to
this Project or for completion of this Project by others, unless
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen-
sation to the Architect.
6.2 Submission or distribution of documcnts to meet official
regulatory requirements or for similar purposes in connection
with the Project is not to be const rucd as publication in deroga-
tion of the Architects reserved rights.
ARTICLE 7
ARBITRATION
S1 Claims, disputes or other matters in question between th
to this Agreement arising out of or relating to this
merit o inch thereof shall be subject to and decided arbi-
tration in ordancc with the Construction Irdu
>Xf Arbitn•
tion Rules of American Arbitration Associat' currently in
effect unless the les mutuall} agree oth ire.
7.2 Demand for orbit "on shall be d in writing with the
ocher party to this A tan iiia the American Arbitra•
tion Association. A demand fc itration shall be made within
a reasonable time cher th isputc or other mat*er in
question has arisen. In event shall demand for arbitration
be made ahcr the e w hen institutio f legal or equitable
proceedings b on such claim, dispute other matter in
question w loaned b. the applicable statut of limitations.
7.3 N9,6bitr2tion arising out of or relating to this
sh clude, by consolidation, joinder or in any other
additional person or entity not a party to this Ag
AIA DOCUMENT 9141 • OWNER -ARCHITECT AGREEML14T • FOL•RTEENTH MITION • ALA* • 01987
THE AMERICAN tNSTMJTE OF ARCHITECTS. 1735 NEW YORK AVENUE. NV.. WASHINGTON. D C. 20006 8141-1967 6
by written consent containing a specific refereFration
this ent sited by the Owner, Architect. and any
person entity sought to be joined. Consent to
involving tional person or entity shall constitute
consent to arbi of any claim,dispu other matter in
question not desch in the written t or with a person
or entity not named yr t . The ftxegoing agree-
ment to arbitrate and is to arbitrate with an
additional person or rnti y ted to by the parties to
this Agreement shall specifically rceable in accordance
with applicable in any court having ion thereof.
7.4 The and tendered by the arbitrator or arbr ors shall be
d judgment may be entered upon it in with
licable law in any court having jurisdiction thereof.
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 pany
fail substantially to perform in accordance with the terms of this
Agreement thrxigh no fault of the party initiating the termioadon.
8.2 if the Project is suspended by the Owner for more than 30
consecutive days, the Architect shall be compensated for ser-
vices performed prior to notice of such suspension. When the
Project is resumed, the Architect's compensation shall be cqui-
tahl• adjusted to provide for expenses incurred in the interrup-
tion 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 d.iys.
the Architect may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner no make payments to the Architect in
accordance with Giis Agreement shall he considered substantial
nonperformance and cause for termination.
8.5 If the Owner fails to make payment when due the Archi-
tect for cervices and expenses, the Architect may, upon %even
days' written notice to the Owner. suspend performance mance of ser-
vices under this Agreement. Unless payment in full is received
by the Architect within seven days of the elate 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 damaw-- caused the Owner because
of such suspension of services.
8.8 In the event of termination not the fault of the Architect,
the Architect shall he compensated for services performed prior
to termination. together with Reimbursable Expenses then due
and all Termination Expenses as defined in Paragraph H.-.
8.7 Termination Expenses are in addition to compensation for
Basic: and Additional Services. and include expenses which are
dircctl- attributable to termination. Termination Expenses shall
be computed as a percentage of the total compensation for
Basic ~enviers and Additional Services earned to the tune of ter-
minatitn, as follow•%:
.1 Twenty percent of the total compensation for basic
and Additional Services cumcd um date if termination
occurs leforc or during the predesign, site anah•sis. or
S,chematic Ihslgn Phases: or
2 Ten percent of the total cotnp"m foe Basic and
Additional Smices ranted to date if tecrrtiaadon
occurs daring the Design Developmenit Phase; or
.3 Five percent of the total etirnpcn mon for Basic aced
Additional Services earned to date if -terntinubn
occurs during any subsequent phase.
«
9.1 Unless otherwise provided, this itgreemn shall be gov-
erned
overned by the law of the principal pbce of business of the .
Architect.
9.2 Terms in tvis Agreement shall have the same meaning as
those in AIA Document A201, General Conditions of the Con-
tract for Constrctioti. current as of the uec of ::.0 Agrcement.
9.3 causes of action between the parties to this Agreernent
pertaining to acts or failures to act shall be deemed to have
accred and the applicable statutes of limitations shall com-
mence to run not later than either the date of Substantial Com-
pletion for acts or failures to act occurring prior to Substantial
Completion, or the date of issuance of the final C:crtifrcate for
Payment for acts or failures to act occurring after Substantial
Completion.
9:4' a Ov67r antwaive all rights against pett
theroteors, consultants, is
and
employeesfe amages,
but on • me extent cov
eyed by property insuradt
rin truction, except such
rights as they xray have to tit of such insurance as set
forth in the edition o curr►ertt A2U ram Conditions
of the Contra r Consttuction• current as of the e.e�f this
Agree a Owner and Architect each shall requite simn
wZ—vcrs from their contractors, consultants and agents.
9.5 The Owner and Architect. respectively, bind themselves.
their partners, successors, assigns and legal representatives u>
the either pant- to this Agreement and to the partners, succes-
sors, 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 con-
sent of the other.
9.6 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representations or agreements. either writ-
ten or ural. This AKrecment mai- be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contras•
tual 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 expo-
sure of persons to hazardous materials in any form at the Project
site, including but rex limited to asbestos. asbt-•stops pnxhicts.
p ol-chlorinatcd biphenyl IPCB) or other toxic substances.
9.9 The Architect shall have the right to include representa-
tions of the design of the Project, including photographs of the
exterior and interior, among the Architect's promotional and
professional materials. The Architects materials shall not
include the Owner s confidential or proprietary information if
the towner has preyiousl• advised the Architect in writing of
AtA DOCUMENT 8141 - OWNER ARCHITECT AGREEMENT - FOURTEENTH EDITION- ALA• - -'C I Nt-
7 8141-1987 1 HF. At1FRIt AN INSI 1Tt'TE OF AR(.H11'F.CTS. 1-iS NEW YORK AVENUE. N W , WASHINGTON. D C aA1f Ki
F,
the specific information considered by the Owner to be eonfl-
dcnthl orproprktaty. The Owner shalt prmide professbnr'
credit for the Architect on the construction sign and in the pr.) -
motional 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 Architects personnel engaged on the Proiect and
the portion of the cost of their mandatory and customary con-
tributions and benefits related thereto, such as empioyment
taxes and other statutory employ -cc 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 compensa-
tion for Basic and Additional Services and include expenses
incurred by the Architect and Architects employees and con -
sultans in the interest of the Project. as identified in the follow-
ing Clauses.
10.2.1.1 Expense of transportation in amnection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communications: and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.12 Expense of reproductions. postage and handling of
Drawings. Specifications and other documents.
10.2.1.3 if authorized in advance by the Owner. expense of
overtime work requiring higher than rcgular rates.
.3.2.1A Expense of renderings, models and mock-ups requested
by the Owner.
10.2.1.5 Expensc of additional insurance coverage or limits.
including professional liability insurance, requested by the
Owner in excess of that normally carried be the Architect and
Architect's consultants.
10.2.1.6 Expense of computer-aided design and drafting
equipment time when used in connection with the Project.
0
n 1' - M; 7-Y i LLz A t . , ��. ►'
10.3.1 An wtial payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreernent.
10.3.2 Subsequent payments for Bask Services AM be made
monthly an4 where applicable. shall be In proportion to set -
vices performed within each phase of service, on the basis act
forth in subparagraph 11.2.2.
10.3.3 if and to the extent that the time initially established In
Subparagraph 1 >:5.1 of this itgreement Is exceeded or extended
through no butt of the Architect. compensation for any scr-
vices tendered during the additional period of time shall be
computed In the manner set forth In Subparagraph 11.3.2.
10.3.4 V hcI compensation is based on a percentage of Con-
struction 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 per-
formed on those portlons, in accordance with the schedule set
forth In Subparagraph 11.2.2, based on (1) the k)vkvm bona fide
bid or negotiated proposal. or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cont or detailed estimate of Construction Cost for such por-
tions 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 rcn-
dercd or expenses incurred.
10.5 PAYMENTS WITHHELD
10 5.1 No deductions shall be made from the Architect's Com-
pensation on account of penaliy. liquidaud 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.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additiomt Services and services performed on the
hwis of a multiple of Direct Personnel Expense shall be avail-
able to the Owner or the Owner's authorized represcntative at
mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follow-,:
11.1 AN INITIAL PAYMENT of None Dollars (S —0—
shall be made upon execution of this Agreement and credited to the Ow•nci s account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES. as described in Article 2, and any othcr services included in Article 12 as part of Basic Services. Basic
Compensation shall he computed as folkm-s:
(Insr" bwss of eumptrtsatnra. NtrtudinR stipulated —m. multildes r.. /w•ra.artrytts. and raknhft'(rham% h. uAwh parmuza, m.•a.ds r'/ n.rnlx•rrvrtrrrrr u/yr/l•. rf
tieressaryj
Time and materials not to exceed Twenty—?Xao Thousand One Hundred Twenty—Five
Dollars and No Cents ($22,125.00)
AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION - A1A* • C19S_
TliF AMERICAN 1V-,T1TUTE OF ARCHITEC Ti. 1'41, NEI FORK AVENtE. N W. WASHINGTON. D C 101KK, 8141-1987 8
W W
11,2.2 Where compensation is based an a stipulated sum or peraerMV of CarAtructitut Cook p1cW palyrnetas For Bide Scnioes
in each phase shall total the foWwting pes ceof the total Basic Compensation parable
flwanr asdttlrxsd pbew ar appn*rhw)
Design perms(
%)
Construction Documents Phase.. percent t
%)
Bidding or Negotiation Phase: perces (
%)
Construction Phase: peooent(
%)
Compensation: one hundred
11.3 COWENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND AASIC SERVICES, as described in Paragraph 3.2, compensation shall be com-
puted as follows:
Per Attached Fee Schedule
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT. as described in Articles 3 and 12e other than (1) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as put of Additional Services, but excluding ser-
vices of consultants. compensation shall be computed as follGws:
Rosea dash of awtrpeasa et o. tndudhW rata andbr andtf*9 to/ INMI Pr►x+.rrael *-VWM a for Prtncrpats owe rst5PkV4V . and IdM tb rrrMvMh and dasstfy
eneplones. tf rr"ored ldrnnfy sperlfic se som so rtikb pardcukar nMrx sth r,j atxnprretatitxt aWr. if necenmy )
Per Attached Fee Schedule
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS. including additional structural, mechan" and elconcal engineering
services and those provided under Subparagraph 3..4.19 or identified in Article 12 as part of Additional Sm-iccs. a multiple of
one and one tenth ( 1.10) times the amounts billed to the Architect fix such sm-ices.
tkknnfr gk%slic tvprs of a,nsuttants M Artair U. s/ sepumd /
11.4 ROMBURSABI.E EYMENSES
11.4.1 FOR REIMBURSABLE EXPENSES. as described in Pamgnph 10.2. and any other iterns included in Article 12 as Reimbursable
Expenses, a multiple of one and 1.5 tenths ( 1.15 ) times the cxpemes irKured 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
( ) months of the date hereof, through no fault of the Architect, cxtension of the Architect's scrvkvs beyond that tune shall be
compensated as provided in Subparagraphs 10. 3.3 and 11.3.2.
11.5.2 Payments arc due and payable Net Ten ( 10 ) days from the date of the Architect's invoice.
Amounts unpaid Thirty t 30 ) days after the invoice date shall bear interest at the rate entered Wow. or
in the absence thereof •at the legal rate prevailing from time to time at the principal placr of buainess of the Architect
Omrestratres/ tntrn•sttegrmdupon/ 1Welve 12% Dercent per annum
/L :tun• laws and nvpnrrmt+rts under the F'itkval Truth in ltnd.ng At t. stmtlar attar and /in ad t tmarmav emlu kin �s and tdhrr rrXulatnnts at the( tuner r and Ar[ ht
(ett's prtnctfkd p/rues rt/ hwinest. the lrKahrtn r,/ the Pngett and e•7..ry M•n• map cc/14vt 1M• tsdtdto r$ dws prtwisam .1(trt'[fta ItVai .ads me %N+uIJ he tthtanted mith
resptt't Int deletamt r,r nodila-ati-m and altrp n-Rardtn)l mryarrmrnts seah ac u+ntrn daimons rsr tram" i
9 B141-1987 THE
DOCu1AE1tT 6141 • OWNER eRCHITECT MSREEM0, ENT • FOt'RT£ENTH EDITION • AIA* a 1987
THE AMERK.AN INSTM.T£ OF ARCHITECTN, 1'iS NEVIYORK AVENVE. '09'. )X A%NIN(;TOti. D C 2M06
"`+..wyt'OFsMMttavaw'.?�`�:ysas.-.:,-a•e.>�:.r.-...........-:..-. ..... ......-., ,..,e.. -..,.-+r.-,....>-,..., y�y
'"e-i9t`11V�1%.l•^aa��i,. .t..-. ...`^,•A ,;..vnC!'YAF�'.-�.:-5,qw��', .... -. .
11.5.3 The rates and multiples set forth for Additional Services shalt be annuak.- adjusted M accordance pith normal salty n wi u
practices of the Architect.
L. "11. ;;. Walk, i 11, 11 La" ", tz to:
tJwarrt .ksc�(rhra n/ w1e►ser7ilYl. *kraft/r AA*"& orf Tm*vY twttw M N7Ww Jlasn Grwp++urfhw mn1 wir.f/Jxan.no e� M►/iwnwew/and r•+w�+swr6w M+w�
lrtclwdOd Jw INS Agrer wrest.)
APPROVED AS TO FORM:
zc W,9#�
Bobby McNatt, City Attorney
This Agreement entered into as of the day and ycar first written above.
OWNER
TTHEIS BOWE
(Signature)
-'--L rs;}-We-ne11, President
(I'Tinted name and title) (Wined Puone and title)
AIA DOCUMENT 9141 • Ovc'NER•ARCHITECT AGREEMENT • FOCRTEENTH EDITION • AIA' • 9 19t'
THE AMERICAN INSTITUTE OF ARCHITECTS. 1-3%NEVI' YORK AVENI E. %'%% , WASHINGTON. 0 C 2gxK16 8141.1957 10
..- w.NMa�ncS�Ip�'sCs:wC.:v�+em:».m. ,..;-.,.w.v*ro:+cr vewrrv�++awry+cer.:�k.:as.;�:'a:ssN„1%5-ar�:Ysvd,+.7Xar.•st'+ �t%�+114 'lfi�:�ltky«'�4
ADDITIONAL TERMS TO AIA B141.1987 ED.
CITY OF LODI
AND
WENELL MATTHEIS BOWE, INC
for the
MSC ELECTRIC UTILITY MODIFICATION/EXPANSION
Add Section 2.2.6 The Architect shall be responsible for, and its Basic
Services shall contain, in addition to those set forth in Section 2.2.1, all architectural
and consultant's services needed to provide a complete and fully adequate design of
the Project unless specifically excluded below:
1. Geological Testing
2. Material Testing
3. Topographical Survey
Add Section 2.4.4 Architect shall obtain the required building permit and shall
provide required plans and specifications and other documents necessary to obtain
the permit. Owner will pay all permit fees required.
Add Section 2.4.5 Architect shall provide sufficient copies of working drawings
and specifications for review by staff and processing through the Building Department
which shall be billed to a $1,000 reimbursable allowance included as part of this
contract per 11.4.1.
Section 2.6.7 add: "so long as the Architect's representatives observe all
safety and security precautions, rules and regulations as may be established by the
Owner and Contractor."
Section 2.6.13, add: "All minor changes in work to be reviewed with Owner's
representative."
The Services set forth in Sections 3.3.3, 3.3.4, 3.3.7, 3.4.7, 3.4.10, and 3.4.18
shall be considered part of the Architect's Basic Services.
Under Section 3.4.18. the Architect shall make a Project inspection with
Owner's representative at 6 months and 11 months after Project acceptance and
provide correspondence necessary to put Contractor on notice of what improvements,
repairs, and replacements must be made prior to the end of warranty period.
iaJ
L]
Under Article 4.6.1. add: "and as approved by Owner."
Under Article 6.1. the Owner's use rights shall extend to all successors and
assignees of Owner. The reproducible drawings shall be submitted to the City by the
Architect and shall be either the original drawings or vellum copies of the originals.
Article 7 Arbitration is deleted.
In Section U. add: "Similarly, failure of the Architect to make prompt
payment to its consultants, employees, or creditors who may have stop notice rights
against the Project shall be considered substantial nonperformance by the Architect
and grounds for termination for default hereunder."
UndeE Section 12, add the following:
12.0 The Architect shall defend, indemnify, and save harmless the City of Lodi, its
officers, agents, and employees from and against any and all claims, demands,
losses, defenses, costs, or liability of any kind or nature which the City of Lodi,
its officers, agents, and/or employees may sustain or incur, or which may be
imposed upon them, for injury to or death of persons, or damage to property
as a result of, arising out of, or in any manner connected with Architect's
allegedly wrongful acts or actively or passively negligent performance or
attempted performance of this agreement, excepting only liability arising out
of the willful misconduct or sole negligence of the City of Lodi.
12.1 Prior to the commencement of any Services hereunder, Architect shall provide
certificates of insurance, and copies of policies if requested, of the following
insurance:
12.1.1 Workers Compensation Insurance covering all employees and
principals of Architect, and Employer's Liability Insurance in
the minimum amount of $100,000, effective under the laws of
the jurisdiction where such employees are likely to be present
during the rendering of the Services.
12.1.2 Commercial General Liability Insurance covering third party
liability risks, including contractual liability, in the minimum
amount of $1,000,000 single combined limit.
12.1.3 Commercial Auto Liability and Property Insurance covering all
owned or rented vehicles of Architect in the minimum amount
of $500,000 combined single limit for owned vehicles and
$1,000,000 combined single limit for rented combined single
limit.
n*1
12.1.4 Professional' Liability Insurance covering the professional acts of
the Architect in the amount of $250,000 with evidence of similar
similar coverage of each of the principal consultants of the
Architect. All such coverage shall be in effect for a period of
three years after substantial completion of the Project.
12.1.5 The insurance set forth herein shall, in the case of 12.1.2 and
12.1.3, name the owner as an additional insured and be in a
form satisfactory to Owner, with Bests' Class B or better
carriers. Such certificate shall be endorsed to provide Owner
30 days' written notice of any cancellation or restrictive
modification of the coverage offered therein.
12.1.6 The Architect/Engineer hereby states, and the Owner
acknowledges, that the Architect/Engineer has no professional
liability (errors and omissions) or other insurance, and is unable
to reasonably obtain such insurance, for claims arising out of the
performance of or failure to perform professional services,
including but not limited to the preparation of reports, design,
drawings and specifications, related to the investigation,
detection, abatement, replacement or removal of products,
materials or processes containing asbestos, pollution and/or
other hazardous waste materials. Accordingly, the Owner
hereby agrees that the Owner will bring no claim and will
provide that the Contractors and subcontractors on the Project
will also agree to bring no claim, for negligence, breach of
contract, indemnity or otherwise against the Architect/Engineer,
its principals, employees, agents and/or consultants, if such claim s
in any way would involve the Architect's/Engineer's services for
the investigation of or remedial work related to asbestos,
pollution and/or other hazardous waste materials in the Project.
The Owner further agrees to defend, indemnify, and hold the
Architect/Engineer and its principals, employees, agents, and
consultants harmless from any such asbestos, pollution and/or
other hazardous waste materials related claims that may be
brought by third parties as a result of the services provided by
the Architect/Engineer pursuant to this agreement, excepting
only such claims as may be caused by the sole negligence or
willful misconduct of the Architect/Engineer.
It is further agreed that this indemnity is in addition to and not
in lieu of any other rights of indemnity or contribution, either
express or implied, and that the effect of this indemnity and
hold harmless shall survive termination of this contract.
12.1.7 It is ung-rstood by the parties to this Agreement that the
remodeling or rehabilitation of an existing structure requites
that co-nain assumptions be made regarding existing conditions
that are hidden from view. Because some of these assumptions
may not be verifiable without expending additional sums of
money or destroying otherwise adequate or serviceable portions
of the structure or its equipment, the Owner agrees that, where
verification of existing conditions is impractical or impossible,
and where the Design Professional has used reasonable care
and diligence in the making of assumptions, the Owner will hold
harmless, indemnify, and defend the Design Professional from
and against any and all claims for hidden existing conditions
arising out of the professional services provided under this
Agreement.
12.1.8 With specific request to design requirements of the Americans
with Disabilities Act of 1990, or certified state or local
accessibility regulations (ADA), The Owner recognizes that the
Architect claims no special expertise in ADA Compliance and
that ADA has significant conflicting requirements with the
Uniform Building Code and California Building Code. The
Architect assures the Owner only that he will use his best effort
to comply with ADA. Therefore, the Owner agrees to waive
any action against Architect, and to indemnify and defend
Architect against any claim arising from Architect's alleged
failure to meet ADA design requirements prescribed, in excess
of what would be considered minimum code and interpretation
standards for the profession. Owner understands that
interpretation of ADA is a legal issue and, accordingly,
retention of legal counsel for purposes of interposition is
advisable.
FEE SCHEDULE
July, 1"I
PRINCIPALS
STAFF ARCHITECT
DRAFTSMAN
PRINCIPAL STRUCIZJRAL ENGINEER
STAFF STRUCTURAL ENGINEER
STRUCTURAL DRAFTSPERSON
PRINCIPAL MECHANICAL ENGINEER
STAFF MECHANICAL ENGINEER
SENIOR DESIGN ENGINEER
MECHANICAL DRAFTSPERSON
PRINCIPAL ELECTRICAL ENGINEER
ELECTRICAL PROJECT MANAGER
ELECTRICAL DESIGNER
ELECTRICAL DRAFTSPERSON
SECRETARY
Mileage
Blueprints
10 sheets or less (in house)
Production printing
(11 sheets or more)
Sepias
Xerox Bond 24 X 36
Vellum 24 X 36
8-17 x 11 Copies in house
11 x 17 Copies in house
Production DDpying
Fax
REIMBURSABLE EXPENSES
S80.00/Hour
S75.0(Wour
S50.00/Hour
80.0o/Hour
7S.00/Hour
40.0(/Hour
75.00/Hour
65.00)Hour
55.00/Hour
35.00/Hour
80.00/Hour
65.00/Hour
55.00/Hour
45.00/Hour
S30.00/Hour
S.24/Mile
SI—%Sheet
Cost Plus 15%
S2.50/Sheet
S3.50/Sheet
S6.00/Sheet
S.15/Copy
S.20/Copy
Cost Plus 15%
S3.00/Page
Reimbursable Expenses are in addition to the Compensations for Basic and Additional Services and
include actual expenditures made by the Architect and the Architect's employees and consultants in
the interest of the project for the expenses listed in the following subparagraphs:
a. Expense of reproductions, postage and handling of drawings, specifications and other
documents, excluding reproductions for the office use of the Architect or Consultant
,#ill be charged at cost plus 15%.
b. Fees paid for securing approval of authorities having jurisdiction over the Project
will be charged at cost plus 15%.
C. Expense of data processing and photographic production techniques when used in
connection with Additional Services shall be charged at cost plus 15%.
d. Expense of models and mock-ups requested by the Owner.
•
C
PROPOSAL FOR SERVICES
MSC ELECTRIC UTILITY MODIFICATION/EXPANSION
November 2, 1993
ARCHITECT
Project Investigation ............................ $ 860
Design Development ............................ 2,840
Construction Documents ......................... 5,240
Building Department ............................. 700
Bidding/Negotiation .............................. 915
Construction Administration ...................... 2.840
$13,395
STRUCTURAL ENGINEER
Construction Documents ........................ $ 1,400
Construction Administration (2 trips) .............. 300
$ 1,700
ELECTRICAL ENGINEER
Project Investigation ............................ $ 375
Construction Documents & Submittal Review .......... 2,350
Construction Administration (2 trips) ............... 550
$ 3,275
MECHANICAL ENGINEER
Construction Documents ........................ $ 2,300
Construction Administration (2 trips) ............... 455
$2,755
Reimbursable Expenses Allowance
e-1TOTAL
�• li 1
$22,125
I�XHIBIT B
EXISTING
SHOPS
• BUILDING
EXISTING
TRAILER
EXISTING
OFFICES
BUILDING
(T SITE PLAN
EXISTING
MODULAR
OFFICE
BUILDING
0 ESCH 1 BST C
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WOMEN TOLET
oEF10E TOILET
DETER &IOP '
OFFICE
OFFICE Ids • n OFFICE KITCHEN
IT
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METER STORAGE
rs. v+
FLOOR PLAN