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Contracts & Agreements_91-2000
cedg CLAREMONT ENVIRONMENTAL DESIGN GROUP, INC. Architecture Landscape Architecture Planning Brooks Cavin, III C-8764 Mark von Wodtke 1537 480 North Indian Hill Boulevard, Claremont, CA 91711 Phone 909-625-3916 FAX 909-625-4282 E-mail email@cedg-design.com July 31, 2000 AGREEMENT BETWEEN THE CITY OF REDLANDS and CLAREMONT ENVIRONMENTAL DESIGN GROUP, INC. Claremont Environmental Design Group, Inc. -- herein referred to as the Architect -- agrees to provide architectural and landscape architectural services to the City of Redlands -- herein referred to as the Owner -- in order to help carry out the following project in accordance with the terms and conditions identified in this contract. PROJECT: Complete the construction documents and provide Construction Administration for the Remodel and Rehabilitation of Redlands Fire Station No. 1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES: (This is an elaboration on Article 2 of the attached AIA B151-1997 Contract Document) NOTES: 1. CEDG is to be provided with the latest construction documents including specifications in a digital form. 2. CEDG has no fees for structural engineering within this proposal. We have not yet spoken with the structural engineer. We assume that the original structural engineer will complete the construction documents including drawings, specifications and construction administration. CEDG will submit a separate proposal to the City of Redlands for the remaining structural engineering once the scope of work has been established. . CEDG will use the existing digital material as a basis of the work. Our fee includes incorporation of the work outlined above, coordination with the Owner and consultants, City approvals and construction administration. 4. CEDG has no fees for civil engineering in this contract. If the City of Redlands wishes to go ahead with the replacement of the storm draM which runs beneath the site or requires civil engineering for any other reason. this contract can be revised to include these services or another contract can be initiated. 2. 7 Design Phase 2.2.0 Pre -design research code requirements review project budget with the Owner investigate planning issues 2.2.1 Program and Alternatives Exploration The Architect shall review with the Owner alternative approaches to design of the Project. 2.3 Design Development Phase modify existing plans, sections, elevations select materials prepare preliminary cost estimate review with Owner prepare submissions to city for planning review: 1. Site plan 2. Building plans 2. Exterior elevations 3. Planting plan 4. Exterior colors and materials represent owner at city reviews 2.4 Construction Document Phase 2.4.1 Prepare Construction Documents including: title sheet site layout plan demo first and second floor plans demo reflected ceiling plans (as required) first and second floor plans first and second floor reflected ceiling plans exterior elevations building sections door, window, and finish schedules interior elevations roof plan Note: structural foundation, 2"d floor framing and roof framing plans, sections, details, structural notes and calculations by original structural engineer under separate contract first and second tloor demo mechanical plans first and second floor mechanical plans mechanical notes mechanical Title 24 calculations first and second floor plumbing demo plans first and second floor plumbing plans plumbing calculations first and second floor demo electrical plans first and second floor electrical plans electrical notations on floor plans electrical Title 24 calculations architectural notes and details revise and complete specifications landscape structures irrigation plan and schedules revised planting plan and schedules outdoor lighting plan site details revise construction cost estimate review with Owner 2.4.4 Governmental Reviews (Plan check submission for building permit to be by Owner.) make plan check revisions as required 2.6 Construction Administration Phase 2.6.1 Construction Administration attend 24 job meetings observe construction at each job meeting and at crucial times provide reports as required process change orders (if necessary) authorize payments certify substantial completion perform (1) punch list inspection perform (1) final inspection TERMS AND CONDITIONS OF AGREEMENT: The terms and conditions of this agreement are set forth in Articles 1 through 12 of the attached standard AlA Document B151, Abbreviated Standard Form of Agreement Between Owner and Architect), 1997 edition. LIMIT OF LIABILITY The Architect's total liability related to the services provided shall be limited to the total compensation received under this agreement. REMODELING AND REHABILITATION This project involves the remodeling and/or rehabilitation of an existing building. It is necessary to make certain assumptions regarding existing conditions which cannot be verified without expending great sums of additional money or destroying otherwise adequate or serviceable portions of the building. Consequently, the Owner agrees that, except for negligence on the part of the Architect, the Owner will hold harmless and indemnify the Architect from and against any and all claims, damages, awards, and costs of defense arising out of the professional services provided under this agreement. • ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall he as enumerated in .articles 2, 3 and 12. 1.2 'hhe Architect's services shalt he performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit tor the Owner's approval a schedule for the performance of the Architect's services which may he adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owners review and for approval of submissions by authorities having jurisdiction over the Project. .lime limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph n.s.i. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 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. 2.2 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 5.2.1. 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 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 Construction Cost based on current area, volume or similar conceptual estimating techniques. 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 doc- uments to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may he appropriate. 2.3.2 The Architect shall advise the ()oner of any adjustments to the preliminary estimate of Construction Cost. O. ,Cr G.�30 I I 1 9 9 7 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. • 1 Q 1 9 9 7 AIA ® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W- Washington, D.C. 20006-5292 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 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 responsibility for filing documents required for the approval of governmental authorities haying jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts 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 initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o 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 AIA Document A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not he unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of 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 amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (i) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the 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 rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not he responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 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 otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (i) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (a) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) 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, (;) 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. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require 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 or entities performing portions of the Work. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. O''997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 1 Cr 1 9 9 7 A I A® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.6.11 The Architect shall review and approve or take other appropriate action upon the 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 he taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as 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 any 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. 2.6.12 Ef professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professionals written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting 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, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 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 from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies ‘vith the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall he made in writing with- in any time limits agreed upon or otherwise with reasonable promptness. 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 draw- ings. ANhen making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall he final if consistent with the intent expressed in the Contract Documents. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.o7. shall he subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 `1-' he services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall he 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 he 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 pro -vide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in 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 he 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 MA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Th rough the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the OWner against defects and deficiencies in the \-Vork, hut 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 drawing,s, specifications or other documents when such revisions are: inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such docUments; or ,3 due to changes required as a resultiu1t of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant hangl. n changesthe 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 t-or services required under Subparagraph 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services n connection with. Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with. evil luti ng substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom, WARNINGunlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution, 1 AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The Ameocan Institute of Architects 1735 Nev York Avenue, N.W. Washington, D.C. 20006-5292 1 1 ©1997 AlA AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 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 for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 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 in formation 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 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, furnishings and related equipment. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 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 \V"ork 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 6o days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part 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 RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written 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. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically 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 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated 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. 4.4 The Owner shall furnish surveys to describe 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 with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include hut are not limited to test borings, test pits, 0 acx Q" r I 997 AIAC� AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING• Unlicensed photocopying violates U.S. copyright laws and will subiect the violator to loom nrn<nrutinn ©1997 AIA MA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 'The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall he furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the 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, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall he included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that 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, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's 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 hid 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. 1 wAautNc,- Unlicensed photocopying violates U.S. copyright Taws and will subject the violator to legal prosecution. 5.2.2 No fixed limit of Construction Cost shall he 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 he permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to he included in the (:ontract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary 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 yo days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall he adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph exceeded by the lowest bona fide hid 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; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost, 5.2.1 is 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall he deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. }0 WARNING. Unlicensed photocopying violatna u s r,,.,.,.cnt,. . O O Q:S:1' pb t 1 ©'997 AIA0 AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 i i 01997 AIA22 AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American institute of Architects 1735 New York Avenue, N-W. Washington, D.C. 70006-5292 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shalt be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6,2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall he at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shalt be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall he filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration hut, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. "hhe mediation shall he held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 7.2 ARBITRATION 7.2.1 Any claim, dispute or other matter in question arising out shall be subject to arbitration. Prior to arbitration, the parties shall mediation in accordance with Paragraph 7.1_ 7.2.2 Claims, disputes and other matters in question between the mediation shall be decided by arbitration which, unless the parties of or related to this Agreement endeavor to resolve disputes by parties that are not resolved by mutually agree otherwise, shall _L_ ,_. tko ,.inlatnr to IPaal nroseCUtion. be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall he filed in writing with the other party to this Agreement and with the American Arbitration Association. 7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequencial damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall he considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. [f the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall he equitably adjusted. 8.2 If the project is suspended by the Owner for more than 3o consecutive days, the Architect shall he compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the :Architect's services. The Architect's fees for the remaining services and the time schedules shall he equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 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 through no fault of the party initiating the termination. WARNING: Unllcensed ohorocoovinv vinlatac n c ...al - © 1 9 9 7 AA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 i 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 (i) 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 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 No deductions shall he 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 adjudged to he liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall he 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: 11.1 An Initial Payment of Dollars (s ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated stuns, multiples or percentages, and identify phases to which particular method: of compensation apply, if necessary) cG 1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the architect as follows: AN INITIAL PAYMENT of two thousandDollars ($2,000.00) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: Stipulated Sum 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phrases as appropriate.) Design Phase: Construction Document Phase: Construction Phase: Total Basic Compensation: $9,456.00 $34,284.00 $15,360.00 $59,100.00 percent (16%) percent (58%) percent (26%) one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in paragraph 3.2, compensation shall be computed as follows: Time and Expenses Please see attached Billing Rates Sheet dated January 2000 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (21) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identift Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Time and Expenses Please see attached Billing Rates Sheet dated January 2000 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 point one ( 1.1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one point one ( 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 twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 1% per month. The Architect reserves the right to stop work if payment is overdue under this agreement. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local conswner credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or wavers.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identift Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) N/A This Agreement entered into as of the day and year first written above. CITY OF REDLANDS: OWNER Pat Gilbreath (Signature) Mayor ATTEST: (Printed nwna /e) REDLANDS Ftho.1 PROP.doc Brooks Cavin, III, AIA (Printed name and title)