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HomeMy WebLinkAboutResolution 2002-090 RESOLUTION No. 2002-090 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, that: WHEREAS, in order to protect the public health and safety of the citizens of North Richland Hills, the North Rich/and Hills City Council finds it necessary to build two new fire stations in the City, WHEREAS, the City has gone through a review process and selected an architectural firm to design these two stations, WHEREAS, the City Council finds that the contract attached hereto will provide for the construction at the best rate and under the best terms available, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: Section 1. THAT the City Council does hereby adopt the above findings. Section 2. THAT the contract attached hereto and made a part hereof, be and is hereby approved with the firm of Randall Scott Architects, Inc. Section 3. THAT the City Manager is hereby authorized to execute the contract attached hereto, as act and deed of the City. PASSED AND APPROVED this 11th day of November 2002. 'I,; "'¡"''/111'411. .,.' o\('M itlt.J::'" '1IIÍð~ '~" ~~~.~.~~~,~¿/., ,'" . OIl" ,,~ -"" :::'-Q.:. "'n' "'~"".,: ~ç f~/. ~1 i)~, ~~. ~ ~ol.L. ¡ r =,~ . . 1 A\~T: . h)i ~'" '.,' .,."":¡.,~..-,'. , ' .' ~ðt¡¿~ Patricia Hutson, City Secretary AJ2~ Oscar Trevino, Mayor APPROVED AS TO ¡ONTEj: ~Ld~ sistant City Manager RANDALL SCOTT ARCHITECTS Arditecture Interiors Plannin (C(Q)[P)'f [] TRANSMITT AL Date: Time: Project Name: RSA Project #: Thursday, November 14, 2002 5:57 AM North Richland Hills Fire Stations 1 & 4 0209.00 To: Mr. Greg Vick Assistant City Manager City of North Richland Hills 7301 NE Loop820, P.O. Box 820609 North Richland Hills, TX 76182-0609 Fax: 817-427-6016 From: Randall B. Scott, AlA President & CEO Randall Scott Architects, Inc. 14755 Preston Road, Suite 730, Dallas, Texas 75254 Phone: 972-664-9100; Fax: 972-664-9122 randall@rsarchitects.com NUMBER OF COPIES DATE DESCRIPTION 1 11.13.02 Scope of Civil Services for Fire Station # 4 2 10.1.02 Revised Contract for AlE Services Fire Stations # 1 & # 4 Greg, I believe these documents address all the changes you requested Tuesday. Please call me if you have any further questions. We look forward to beginning work on station # 4 as soon as we receive the signed contract back. Best regards, Randall ~ City Secretary Office ~ Official Record Copy 11/13/02 WED 17:05 FAX 972 235 9544 Pacheco Koch Consult Eng ~002 Pacheco Koch COrlSlllt.rlg ['l~JII1Cer:J November 13, 2002 (Revised) PK No.: 0100 Mr. Randall Scott RANDALL SCOTT ARCHITECTS 8111 LBJ Freeway, Suite 795 Dallas, Texas 75251 ~~ Ae: Professional Civil Engineering & Land Surveying Services FIRE STATION NWC Hightower @ Douglas North Richland Hills, Tarrant County, Texas Dear Mr. Scott: Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to provide professional civil engineering and land surveying services relating to the referenced project. It is our understanding that, prior to beginning work, the City of North Richland Hills will provide Pacheco Koch a current comprehensive Boundary & Topographic Survey of the site to be utilized in preparation of the site development plans. The survey will be provided in an AutoCAD compatible format. Pacheco Koch will be entitled to rely on this survey as being true and accurate in all respects and assume no liability for errors or conflicts that may arise as a result of inaccurate or incomplete information on said survey. SCOPE OF SERVICES Based on our preliminary discussions and review of the information received to date, the following is our perception of the services to be provided by Pacheco Koch for the referenced project: UNDERGROUND UTILITY SURVEY; Pacheco Koch will review record information regarding underground utilities and show these utilities on the survey to be provided by others. ' DIMENSIONAL CONTROL PLAN: Based on an approved Site Plan provided by the Owner, Pacheco Koch will prepare a detailed site horizontal Dimensional Control Plan which will define drives, parking spaces, building location, and landscape areas in relation to existing and proposed property boundary lines. 8350 North CcntriJl Fxplessway Suite 1000 Dallas Texas 75206 972235303 t f:1X 972.235,95'14 www pkcc COIT1 SITE PA VING PLAN: Pacheco Koch will prepare construction plans and details for site paving, sidewalks and drive approaches. Paving section designs are to be based on recommendations included in a current Geotechnical Report to be provided by the Owner. Included in this item is the coordinatIon of City review and approval of this plan. Not included in this item is the design of any offsite paving improvements, street extensions or widening. ~~ C·t S t Offi ~J I Y ecre ary Ice ~ Official Record Copy 11/13/02 WED 17:05 FAX 972 235 9544 Pacheco Koch Consult Eng @003 Mr. Randall Scott November 13, 2002 Page 2 GRADING & DRAINAGE PLAN: Pacheco Koch will prepare a Grading & Drainage plan for the project. This plan will show existing grades, proposed contours and spot elevations as required, proposed grades at loading docks and existing and proposed finished floor eJevations. Included in this item is the preparation of a site Drainage Area Map that will define storm discharges onto the site, the proposed drainage pattern on site, and on-site storm sewer requirements. Also included in this item are the design of an on-site storm sewer, if required, and the coordination of City review and approval of the plans prepared as a part of this item. Not included in this item is the design of any off-site storm sewer or drainage improvements not described above. STORM WA TER POLLUTION PREVENTION PLAN: On September 9, 1992 the United States Environmental Protection Agency (EPA) passed the National Pollutant Discharge Elimination System (NPDES). On construction sites, the main objective of NPDES is to control the discharge of storm water runoff from construction site through the use of erosion / sedimentation controls. On March 10, 2003, these regulations wíll be changed to affect storm water discharge associated with construction sites with a disturbed area greater than 1 acre, or a smaller area that is part of a larger development that wíll collectively disturb more than 1 acre. The NPDES is a refractive law that affects all construction projects under construction on March 10, 2003 and new construction beginning after March 10, 2003. Pacheco Koch will prepare a Storm Water Pollution Prevention Plan for the project area including the Erosion Control Plan, instructions to the Contractor and Contractor's Checklists. Also included is assistance to the Owner and to the Contractor in filing the required "Notice of Intent" form (NOI) for the proposed construction activities. Not included in this proposal is the review and determination of any listed endangered or threatened species or designated critical habitats in the project area. WATER & SANITARY SEWER PLAN: Pacheco Koch will prepare plans for on-site water and sanitary sewer improvements including manholes, cleanouts, fire hydrants, meters, mains and building services to serve the proposed development. These improvements will be designed from existing public mains located adjacent to the site to a point 5·feet outside the proposed building. The connection points will be coordinated with the MEP consultant or the Architect. Included in this item is coordination of City review and approval of plans prepared as part of this item. Not included in this item is the design of any off-site water or sanitary sewer improvements or extensions. ~City Secretary Office ~ Official Record Copy 1997 Edition - Electronic Format AlA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 1 day of October in the year 2002 (In words, indicate day, month and year) THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTIC A TION OF THIS ELECTRON/CALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. BETWEEN the Architect's client identified as the Owner: (Name, address and other infonnation) City of North Richland Hills 7301 NE Loop 820 P,O, Box 820609 North Richland Hills. TX 76182-0609 and the Architect: (Name, address and other infonnation) Randall Scott Architects. Inc. 14755 Preston Rd.. Suite 730 Dallas. TX 75254 972.664.9100 Fax 972.664,9122 For the following Project: (Include detailed description of Project) New Fire Stations # 1 & # 4 for the City of North Richland Hills, The City anticipates the Program for the new Fire Stations to be approximately 13.000 GSF - 15.000 GSF containing 4-6 Apparatus Bays (figures to be verified during the programming process). The Construction Budget for Station # 1 is approximately $1, 75M including a $25.000 budget for public art. The Construction Budget for Station # 4 is approximately $2M including a $25.000 budget for public art. The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and u. - - 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time Cl1997 AIA@ required for the Owner's review and for approval of submissions by authorities having AlA DOCUMENT 8151-1997 jurisdiction over the Project. Time limits established by this schedule approved by the Owner ABBREVIATED OWNER-ARCHITECT shall not, except for reasonable cause, be exceeded by the Architect or Owner. AGREEMENT The American Institute of Architects 1.3 The Architect shall designate a representative authorized to act on behalf of the 1735 New York Avenue, N,W, Architect with respect to the Project. Washington, D.C. 20006-5292 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. © 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects, Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below, User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 11/13/2002. AlA License Number 1011015, which expires on 8/31/2003, ~ City Secretary Office ~ Official Record Copy 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 documents 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 be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401, - .....-.. ... .... ...... ..... ,'" - 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding Cl1997 AIA® information, bidding forms, the Conditions of the Contract, and the form of Agreement AlA DOCUMENT B151-1997 between the Owner and Contractor. ABBREVIATED OWNER-ARCHITECT AGREEMENT 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary The American Institute of Architects estimates of Construction Cost indicated by changes in requirements or general market 1735 New York Avenue, NW, conditions. Washington, D,C. 20006-5292 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 having jurisdiction over the Project. Copynght 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 1011/2002. AlA License Number 1011015, which expires on 8131/2003. 2 ~ City Secretary Office ~ Official Record Copy 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 fmal Certificate for Payment or 60 days after the date of Substantial Completion of the Work. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN 2.6.2 The Architect shall provide administration of the Contract for Construction as set ATTORNEY IS ENCOURAGED WITH RESPECT forth below and in the edition of AlA Document A20l General Conditions of the Contract for TO ITS COMPLETION OR MODIFICATION, . f th d f h· ' I h· . d· . AUTHENTICA TION OF THIS ELECTRON/CALLY ConstructlOn, cul!ent, as 0 e ate 0 t IS Agreeme~t,. un ess ot erwIse provIde m thIS DRAFTED AlA DOCUMENT MA Y BE MADE BY Agreement. Mo<hficatlOns made to the General CondItions, when adopted as part of the USING AlA DOCUMENT 0401 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 be 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 u, (1) 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 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. - ....- 0- .... ,.. ..... . - ..... ....,. -- - 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 be 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. C!1997 AIA® AlA DOCUMENT 8151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation Washington, D.C. 20006-5292 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 Copynght 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4,aia -- 10/112002, AlA License Number 1011015, which expires on 8I3112003~ Offi ·~s City Secretary Ice Official Record Copy 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, THIS DOCUMENT HAS IMPORTANT LEGAL information and belief, the quality of the Work is in accordance with the Contract CONSEOUENCES.CONSULTATIONWITHAN Documents. The foregoing representations are subject (1) to an evaluation of the Work for ATTORNEY IS ENCOURAGED WITH RESPECT conformance with the Contract Documents upon Substantial Completion, (2) to results of TO ITS COMPLETION OR MODIFICATION, subsequent tests and inspections, (3) to correction of minor deviations from the Contract AUTHENTICATION OF THIS ELECTRONICAllY Documents prior to completion, and (4) to specific qualifications expressed by the Architect. DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum, 2.6.10 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. 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 be 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 determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, 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. - - Cl1997 AIA<Ii> AlA DOCUMENT B151-1997 ABBREVIA TED OWNER-ARCHITECT AGREEMENT 2.6.12 If 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 professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon The American Institute of Architects 1735 New York Avenue, N.W, Washington, D,(, 20006-5292 Copyright 1974, 1978, 1977, 1987, () 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4,aia -- 101112002, AlA License Number 1011015, which expires on 8/3112003, 4~ City Secretary Office ~ Official Record Copy 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 supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, 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 fmal 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 with 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 be made in writing within 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 drawings. When 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 be final if consistent with the intent expressed in the Contract Documents. 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 2.6.17, shall be 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 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3·2 and 3·4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3·3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 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. Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4,aia -- 10/1/2002. AlA License Number 1011015, which expires on 813112003, 5 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION, AUTHENTICATION OF THIS ELECTRON/CAll Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. - ....- " w. ... -. ......-.... - e1997 AIA@ AlA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W, Washington, D.C. 20006-5292 ~ City Secretary Office ~ Official Record Copy 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through 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 Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 3.3.1 are: CONTINGENT ADDITIONAL SERVICES Making revisions in drawings, specifications or other documents when such revisions .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401, .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. , 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. ....... ,- .... I~ ...... . - ..... ....... .. - 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 perfonnance of either the Owner or Contractor under the Contract for Construction. Cl1997 AIM) AlA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT 3.3.8 Providing services in connection with a public hearing, a dispute resolution The American Institute of Architects proceeding or a legal proceeding except where the Architect is party thereto. 1735 New York Avenue, N.W, Washington, D.C. 20006-5292 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. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects, Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 10/112002. AlA' License Number 1011015, which expires on 8/3112003. 6 ~ City Secretary Office ~ Official Record Copy 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 information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or 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. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPl.ETION OR MODIFICATION, AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. - "'-- " 9. .... ..... . - ..... .. ..... ... - C>1997 AIA@ AlA DOCUMENT B151-1997 ABBREVIA TED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 3 4 18 P ·d· . ft· th 0 f h fin 1 C ·fi C P 1735 New York Avenue, N.W, . . roVI mg services a er Issuance to e wner 0 tea ert! cate lor ayment, or Washington, D.C. 20006-5292 in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. CopYright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects, Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as note,d below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4,aia -- 10/1/2002, AlA License Number 1011015, which expires on 8/3112003. 7 ~City Secretary OffiCE ~ Official Record Cop~ 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 but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPl.£TION OR MODIFICATION, AUTHENTIC A TION OF THIS ELECTRON/CALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. - .....-,. 9, .... ..... . - .-.. .. ...... .. - C1997 AIA® AlA DOCUMENT B151-1997 ABBREVIA TED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W, Washington, D.C. 20006-5292 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 10/1/2002, AlA License Number 1011015, which expires on 8/3112~ C't S t Offi æ I y ecre ary Ice Official Record Copy 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 THIS DOCUMENT HAS IMPORT ANT LEGAL materials furnished by the Owner and equipment designed, specified, selected or specially CONSEQUENCES, CONSULTATION WITH AN provided for by the Architect, including the costs of management or supervision of ATTORNEY IS ENCOURAGED WITH RESPECT construction or installation provided by a separate construction manager or contractor, plus a TO ITS COMPLETION OR MODIFICATION, reasonable allowance for their overhead and profit. In addition, a reasonable allowance for AUTHENTICATION OF THIS ELECTRONICAU Y . . h II be, I d de k d· . h· fb'dd' de h DRAFTED AlA DOCUMENT MAY BE MADE BY ~ontmgenCles s a mc u e lor mar et con lhons at t e tune 0 1 mg an lor c anges USING AlA DOCUMENT 0401. ill 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 responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, 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 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 established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems _ and types of construction are to be included in the Contract Documents, to make reasonable . adjustments in the scope of the Project and to include in the Contract Documents alternate bids 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 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 01997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is The American Institute of Architects exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: 1735 New York Avenue, NW. Washington, D.C. 20006-5292 .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects, Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 10/1/2002, AlA license Number 1011015, which expires on 8/31/2003, Q .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. 5.2.5 If the Owner chooses to proceed under Clause 5.244. 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION, AUTHENTICATION OF THIS ELECTRONICAllY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. 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 be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 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 tennination 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 tennination 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 pennitting 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. 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall 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 be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. c)1997 AlAe!) AlA DOCUMENT B151-1997 ABBREVIA TED OWNER-ARCHITECT AGREEMENT 6.4 Prior to the Architect providing to the Owner any Instruments of Service in The American Institute of Architects electronic form or the Owner providing to the Architect any electronic data for incorporation 1735 New York Avenue, N.w, into the Instruments of Service, the Owner and the Architect shall by separate written Washington, D.C. 20006-5292 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. COPYright 1974, 1978, 1977, 1987, © 1997 by The American Institute at Architects. Reproduction at the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 1011/2002. AlA License Number 1011015, which expires on 8/3112003. 10 ~ City Secretary Offic ~ Official Record Cop ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION See attached Exhibit 'A' 7.1.1 AÐy -€lø:im, dispute -ef ~ -ffittHei: -ffi q uestioR -aRsiftg -et:tt 4 -ef ~ -te -HHs _ AgreemeRt -shaH -be subject -te mediatioH -as -a cORditioR precedeRt -te arbitratioH -ef ~ _ institutieR4-legal-ef eqtJitable proceedings by either party. If such matter relates to or Ï3-the- Stièjeå 4 -a -liett -aRsiftg -et:tt 4 ~ :\fCaitet:t's services, ~ :\;fchitect ~ proceed -ffi _ accereaRce ~ apf3li£able -law -te com ply ~ ~ -liett -fte!΀e -ef -fllffig dcadlines -pÅef-te re5ehüiaR af the matter by meàiatiaR or by arbitration. 7.1.2 +he -Gwaet= -aH4 A:rdÜtect -shaH eRdeavor -te -reselve claims, àispMtes -aH4 ~ _ fftftttefs -ffi é} tJestioR betweeR 4ftem -by meàiatioR -wfti€.ft, -üftless ~ ~ m\:ltual±y -agæe_ etaerwisc, -shaH -be -ffi accøreaRce -with 4he CØÐ5tructieH IRàtJstry MediatieR -Rttles 44he - THIS DOCUMENT HAS IMPORTANT LEGAL Amcri<::aH MbitratieR AssociatioR c\:lITcRtly -ffi~ ReEjtJcst -fat: meåiatisR -shaH-be-flleà-ffi- CONSEOUENCES. CONSULTATION WITH AN ,;Riting with thc other party to tai5 ,^<greemeRt aRd ·,,<ita tae ,^.rnericaR A:rbitmtioR ,^.5sociatioR. ATTORNEY IS ENCOURAGED WITH RESPECT The r-equest ma')' be made caRŒffCHtly with tae fI:ling sf a demaHd for arbitratioH but, iR such TO ITS COMPLETION OR MODIFICATION, eveffi; mediation -shaH proceed -ffi advance -ef arbitration -ef-legal-ef cquitable proceedings, _ AUTHENTICATION OFTHISELECTRONICALL Y which shall be stayed peRdiHg meåiatieH for a period sf 60 da-ys from tae date of fIliRg, HRless DRAFTED AlA DOCUMENT MA Y BE MADE BY stayed for a langer perisd by agreemeRt of the parties or cotJrt order. USING AlA DOCUMENT 0401, 7.1.3 The parties shaH saare tae mediater's fee aRd aRY filing fees eqtJally. Tac mediatioR sfltHl-be -flelè -ffi 4he -pla€e -where 4he Project -is locateà, -üftless anotaer location -is m I:It1;J;al±y- agreed HpeR. .\greemeRt5 reacheå in mediatioR shall be eRferLeable as settlemeRt agrecments in aRY ceurt ha-yiRg juri5åictiOR thereof. 7.2 ARBITRATION 7.2.1 AÐy -€lø:im, di5fJute -ef ~ -ffittHei: -ffi que stieR -aRsiftg -et:tt 4 -ef ~ -te -HHs- Agr-eemeRt -shaH-be sl:lbject -te arbitratisH. -Pfief-te arbitratioR, 4he~-shaH eRdeavor-te- reselve disputes by æediatien iR accereance with Paragraph 7.1. 7.2.2 Claims, displ:ltes -aH4 ~ matters -ffi ql:lestion beh\'een 4he -ptffiies -t:ftat: -are -fl:6t- resoh'ed by mediatioR shaH be decided by arbitratioR waich, \:IRless the parties m1;J;tl:lally agree otherwise, -shaH -be -ffi accordance -with 4he ConstructioR Indl:l5try Arbitration -Rttles -ef 4he- AmericaR A:rbitratioR ,'\ssociatioR ŒITeRtly in effect. Tae demand for arbitration saall be fI:led tit YlfitiRg -with 4he ~ -ptlfty -te -HHs ,^.-greement -aH4 -with 4he American Arbitration- l.ssociatioR. 7.2.3 A demaad -fat: arbitratioR -shaH -be -maàe -wHffift -a reasoaable 4ime -aftei: 4he -€lø:im,- displ:lte ar other matter in question has ariseH. In RO eyent saaH the demaad fer arbitratiøn be ffiiitie-aftei:4he-èüte-wheft institl:ltioR 4-legal-ef eq uitable preceeding3 -Ðased-eft-sl:t€h-€lø:im,- di5p\:lte or other matter iR questioR would be barred by the applicable stat\:lte oflimitations. - - 7.2.4 Ne arbitration -aRsiftg -et:tt -ef -ef relating -te -HHs l.greement -shaH include, -by - consolidation-ef joinder-ef-,iB.,my~ manRer, an additional pemOR or entity not a party ta ~... _ ..:: this l.greement,~-by w-ritteR conseRt containing-a specific rderencc-te-HHs ,'\greemeRt ~ aOO -sigÐeà -by 4he O',mer, Architect, -aH4 -aay ~ -peFS6ft -ef -effiity -seügftt -te -be -jeffieth_ ConSeRt to arbitfatioR ÏHyol'ling aR additioaal perSOH or eHtity shall aot COHstittlte coa3eRt to C!1997 AIA® arbitrotioR -ef -aay -€lø:im, disp\:lte -ef ~ -ffittHei: -ffi questiøR -fl:6t described -ffi 4he ,vritten - A IA DOCU MENT B 151-1997 ceRseHt-ef-with-a-peFS6ft-ef-effiity-fl:6t named or de5cribed therein. The roregoÎ.Rg agreement- ABBREVIATED OWNER-ARCHITECT ~ arbitrate -aH4 ~ agreem.ents -te arbitrate -with -aft aàditioRal-peFS6ft -ef -effiity -thtly -AGREEMENT consented-te by partics-te this f.greemeRt shall be specifically enforceable in accoroaRce with applicable Ia..... iH aay COl:lrt aaviHg j\:lrisdictieH thereof. The American Institute of Architects 1735 New York Avenue, N.W. 7.2.5 +he-awa:ffi reftdered-by4he arbitrator or arbitrators shall be final, and judgment may Washington, D,C. 20006-5292 be eRtered 1;J;pOR it ÏH accoreance ,....4th applicable la-w iH aR)' court ha'fJ1g jl:lrisåictiofl thereof. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES Copyright 1974, 1978, 1977. 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4,aia -- 10/1/2002, AlA License Number 1011015, which expires on 8/31/2003. 11 ~ City Secretary Office' ~ Official Record Copy 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 consequential damages due to either party's tennination 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 be considered substantial nonperfonnance and cause for tennination or, at the Architect's option, cause for suspension of perfonnance of services under this Agreement. If 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 be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 9<> consecutive days, the Architect may tenninate 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 tenns of this Agreement through no fault of the party initiating the termination. 8.5 This Agreement may be terminated by the Owner or the Architect upon not less than seven days' written notice to the .^,fChitcct fer the O'lifter's other party for the initiating party's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services perfonned prior to termination, together with Reimbursable Expenses then due and all Tennination Expenses as defmed in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. THIS DOCUMENT HAS IMPORTANT I.£GAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPI.£TION OR MODIFICA TION. AUTHENTICATION OF THIS EI.£CTRONlCALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. C!1997 AIA® AlA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA AGREEMENT Document .A20l, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 10/1/2002. AlA License Number 1011015, which expires on 8/3112003, 12 The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ~ City Secretary OffiCE ~ Official Record COpy for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document MOl, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPt.ETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401, 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site including but not limited to: asbestos. PCB's. mold and fuel spills. - .....-,. ... .4' ..-. . - ..... .. .... ... 9.10 If the Owner requests the Architect to execute certificates, the proposed language of _ such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. ARTiClE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. C>1997 AIA@ AlA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N,W, Washington, D.C. 20006-5292 Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 10/112002. AlA License Number 1011015, which expires on 8/3112003. 13 ~ City Secretary Office ~ Official Record Copy 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN .4 expense of overtime work requiring higher than regular rates if authorized in ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MOD/FICA TlON. advance by the Owner; AUTHENTIC A TION OF THIS ELECTRON/CALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY .5 renderings, models and mock-ups requested by the Owner and mounting of USING AlA DOCUMENT 0401, same; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project-related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph U.l is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph U.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph U.S.l of this Agreement is exceeded or extended through no fault of the Architect, compensation for any _ services rendered during the additional period of time shall be computed in the manner set . forth in Subparagraph 11.3.2. 10.3.4 Wh,n wmp,n..tion i, b""d on a pe",ntag' of Con,1mc,ion Coot and .ny portion, ~. ~ ,,: of the Project are deleted or otherwise not constructed, compensation for those portions of ~ the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. c)1997 AIA@ AlA DOCUMENT 8151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT 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. The American Institute of Architects 1735 New York Avenue, N.W, Washington, D.C. 20006-5292 10.5 PAYMENTS WITHHELD Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 101112002. AlA License Number 1011015, which expires on 813112003, 14 ~ City Secretary Office ~ Official Record Copy No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be 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 be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of zero Dollars ($ º ) 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 u as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensatÍon, ÍncludÍng stÍpulated sums, multjples or percentages, and ÍdentÍ/ÿ phases to whÍch partÍcular methods ofcompensatÍon apply, Ífnecessary) Stipulated Sums as follows Station # 4: $160.000 for Architectural. Structural and MEP Services $17.000 for Civil Engineering Services Station # 1: $122.500 for Architectural. Structural and MEP Services Civil Engineering Services will be arranged for once a final site has been acquired for this station. Total Fees $299.500 11.2,1,1 Should the Scope of the Projects be increased beyond the Preliminary Construction Budgets of $2M for Station # 4 or $1, 75M for Station # 1 by mutual agreement between the Architect and Owner: the Architect's fees shall be increased commensurately at a fee of 7.75% of the increased Construction Cost in excess of the Preliminary Construction Budgets, 11. 2.2 Where com pensation 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 addÍtÍonal phases as appropn'ate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: $44.925 $59.900 $119.800 $8.985 $65.890 $299.500 percent ( 15 %) percent ( 20 %) percent (40 %) percent (~ %) percent ( 22 %) Total Basic Compensation: 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: COPYright 1974, 1978, 1977, 1987, <0 1997 by The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subjeCt the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4.aia -- 10/1/2002. AlA License Number 1011015. which expires on 8/3112003. 15 THIS DOCUMENT HAS IMPORTANT LEGAL CONSE~UENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION, AUTHENTICATION OF THIS ELECTRON/CALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. ~.'I!!!!!!' ,_ .... ,.. .... ............. - C>1997 AlA( ) AlA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, NW. Washington, D.C. 20006-5292 ~ City Secretary Office ~ Official Record Copy To ,be negotiated at the time of request. 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Pe50nnel Expense for Principals and employees. and identiJÿ Principals and classiJÿ employees. If required. IdentiJÿ speciñc services to which partÍcular methods of compensation apply. if necessaIy.) On an hourly basis at the following hourly rates: Principal Vice President Studio Leader Proiect Coordinator CAD Staff or Intern Clerical $175/Hr $125/Hr $100/Hr $75/Hr $70/Hr $53/Hr THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES, CONSULTATION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401, 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 five ( 1,15 ) times the amounts billed to the Architect for such services. Additional Services of Consultants shall be subject to preapproval by the City, (IdentiJÿ speciñc types of consultants in Article u. 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 five ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement for Station # 4 have not been completed within Twenty ( 20 ) months of the date ftereef of execution of this contract. 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.].2. If the Basic Services covered by this Agreement for Station # 1 have not been completed within Twenty (20) months of the date of authorization to proceed to RSA by the City. 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 Fifteen ( 1Q ) 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. (Insert rate of interest agreed upon.) One and one half percent per month, C1997 AIA@ AlA DOCUMENT B151-1997 ABBREVIA Tm OWNER-ARCHITECT (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and AGREEMENT 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. Speci/k legal advice should be obtained with respect to deletions or The American Institute of Architects modifications, and also regarding requirements such as written disclosures or waÍve5.) 1735 N Y k A N W ew or venue, ' . Washington, D.C. 20006-5292 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identiJÿ Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) See attached Exhibit 'A'. CopYright 1974, 1978, 1977. 1987, co 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97b151 - owner architect agreement for nrh fire stations 1 & 4,aia -- 101112002. AlA License Number 1011015, which expires on 813112003, ~H~ . 1¡; ~ CIty Secretary Office Official Record Copy nus ,\~n:t:llle!lll·nkn.:d Into ,IS of thl' d,l\' Jot! q:,jr tìr'it writh:11 Jbovc, ~OJ6v ,?J. ~ -?fA- -r::;Æ~QœffÍ ~ e.r::.o (Prin/<:d nJnlt! om" /iIlt!) , Approved as f.) form and legality: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES, CONSULTATION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MOD/FICA nON, AUTHENTlCA TION OF THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401, ~.~ ..,-. . - ..~ ,I."" - ~1997 .""~® AlA DOCUMENT B151·1997 ABBREVIA TED OWNER-ARCHITECT AGREEMENT The AmeriCdn Insrirure of Arch,recrs 1735 New York Avenue, N,W Washlngron, D,C. 20C06·5292 Copyrighr 1974, 1978, 1977, 1987, CO 1997 by The American Institute of Architects, Reproduction of the matenal herein or substantial quotation of its provisions without written permission of the AlA violates the copyrighr laws of the United States and will subject the violator to legal prosecution, WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution. This document was electronicillly produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: 97bl51 - owner architect~ . Off' agreement for nrh fire stations 1 & 4,aia·· 10/1/2002, AlA License Number 1011015, which expires on 8I3112003({~~) City S,ecretary ICe, 11~ Official ~~ecord Copy EXHIBIT 'A' A. Professional liability of the Architect and his consultants shall not exceed a total of $250,000 in errors and omissions for Work perfonned under this original Agreement and any extension of services or additional services provided pursuant to this Agreement. B. Dispute Resolution: Not withstanding any other provisions of this Agreement, the Parties hereto agree that any claim, cause of action or other dispute based upon or arising out of this Agreement (a "dispute") shall be conducted, decided, determined and/or resolved pursuant to and in accordance with the provisions of item Exhibit 'A' Article B of this Agreement. 1, The parties desire to resolve disputes arising out of this Agreement without litigation, Accordingly, in the event of any dispute hereunder, the Parties hereto agree to attempt in good faith to resolve their dispute between themselves, At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that these negotiations be conducted by business representatives. 2, In the event that negotiations fail, the Parties may then resort to any and all other means of dispute resolution, C. The Client acknowledges that while Randall Scott Architects, Inc, will endeavor to meet the Client's goals for Construction Cost and Schedule on the proposed project, there are many circumstances bearing on the project which are beyond the Architect's control and that Randall Scott Architects, Inc, shall not be held responsible for the Client's Project Budget and Schedule being met. D. The Client acknowledges that all projects such as the one being contemplated are required by law to be submitted to the Texas Dept. of Licensing & Regulation for handicap accessibility review. The Architect will submit plans for the proposed project to TDLR for review. The Client acknowledges that the construction documents are not complete until TDLR has approved them and any comments they require are incorporated even though construction may have begun and even be completed before comments are received, The Architect and his consultants shall not be held financially responsible for changes to the project required by TDLR no matter when they are incurred, E. Construction Documents for the Project will be prepared by the Architect and his consultants using AutoCAD software, F, This Agreement, if not signed within 45 days from the date at the top of the first page of the Agreement, shall be rendered invalid. G. Owner acknowledges that Randall Scott Architects, Inc, is not responsible for job-site safety nor for the means and methods of construction and agrees that job-site safety and construction means and methods are the sole responsibility of the Contractor, H. The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, Phone: 512/305-9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249A, VTCS,