Resolution No. 098681
PA
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RESOLUTION NO. 9868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
WLC ARCHITECTS, INC. FOR VERNON FIRE STATION NO. 4
WHEREAS, the Fire Department needs the services of an
architect to prepare plans and specifications for the construction of
Fire Station No. 4; and
WHEREAS, on August 27, 2007, the City Council of the City of
Vernon adopted Resolution No. 9397 approving Request for Proposals for
Architectural Services for the Construction of Fire Station No. 4; and
WHEREAS, the RFP was sent and responses were received from
RRM Design Group, MBH and WLC Architects, Inc., all of which were-�
received and evaluated by the Fire Department; and
WHEREAS, the Fire Department deemed WLC Architects, Inc.
("WLC"') to be the lowest responsible qualified vendor submitting a
1proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby'
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby,
approves the AIA Document B101-2007 Standard Form of Agreement Between
Owner and Architect with WLC, a copy of which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
1 authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
2 and on behalf of, the City of Vernon and the City Clerk or Deputy City
3 Clerk is hereby authorized to attest thereto.
4 SECTION 4: The City Council of the City of Vernon hereby
5 directs the City Clerk, or her designee, to send one fully executed
6 Agreement to:
7 WLC Architects, Inc.
8 Attn.: Kelley Needham
8163 Rochester Avenue, Suite 100
9 Rancho Cucamonga, CA 91730-0729
10 SECTION 5: The City Council of the City of Vernon hereby
11 authorizes the City Administrator, or his designee, to take any and
12 all actions deemed.necessary and to execute any and all documents as
13 shall be required to implement the Agreement consistent with the terms
14 of said Agreement approved herein.
15 SECTION 6: The City Clerk of the City of Vernon shall
16 certify to the passage of this resolution, and thereupon and
17 thereafter the same shall be in full force and effect.
18 APPROVED AND ADOPTED this 23 rd day of February, 2009.
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Name: Leonis C. Malburg
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Title: Mayor 44ry
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23 ATTEST:
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25 4ANUELA GIROI�-, (:/it�-Cl-erk
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STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
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4, 1, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9868, was
6 duly adopted by the City Council of the City of Vernon at a regular
7 meeting of the City Council duly held on Monday, February 23, 2009, and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
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MANUELA R Cit,�-Clerk
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13 (SEAL)
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EXHIBIT A
AIA Document B101 T11 -2007
Standard Form of Agreement Between Owner and Architect
AGREEMENT made as of the Nineth day of February in the year Two Thousand Nine
(In words, indicate day, nzonth and year--)year�
BETWEEN the Architect's client identified as the Ownei-:
(Natne, address and other inforinationo
City of Vernon Fire Doaqmew.
4305 Santa Fe Avenu-:
Vernon, CA 9005'c
and the Architec-:
(Name. address and other h7hormation:
WLC Architects. Inc., Professional QoM)oratior.
8163 Rochester Avenue -Suite 10(4
Rancho Cucamonga. CA 91730
for the following ProJect.
(Name. locati077 and detailed descrij)0077 V
Citv of VerDOL
Fire Station No. 4
Architect's Project No. 0821200
The Owner and Architect agree as fellevxsJollows:
The project is located on the southeast comer of Atlantic Boulevard and District
Boulevard in the City of Vernon. The site is approximately 1.8 acres. The fire station will
be a 3-bay facility of Uproximately 15,000 s.f. The training tower size and type o
construction have not yet(been determined. A preliminary construction budget o
$7,500,000 has been established.
This docurnent has important
legalconsequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
Init. AIA Document B101 Tm — 2007 VormerlyIE111511rm-1997). Copyright@ 1974, 1978,1987,1997 and 2007 by The American Institute of Architects. Ali rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of
this AIAO Document, or any portion of it� may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
TABLE OF ARTICLES
I INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIEE
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSEE
8 CLAIMS AND DISPUTEc
9 TERMINATION OR SUSPENSIO11
10 MISCELLANEOUS PROVISIONc
11 COMPENSATIOK'
12 SPECIAL TERMS AND CONDITIONE
13 SCOPE OF THE AGREEMEN17.
EXHIBIT A INITIAL INFORMATIOK
ARTICLE I INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Article I and in optional Exhibit A, Initial
Information:
(Complete Exhibit A, Initial Inf6rination, and incorporate it into the Agreement at Section 13.2, or state below
Initial Information such as details of the Project's site and prograin, Owner's contractors and consultants,
Architect's consultants, Owner's budgetfor the Cost of the lVork, authorized representatives, anticipated
procurement inethod, and other it�fbnnation relevant to the Project.)
§ 1.2 The OWDer's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
.1 Commencement of construction date:
August 01, 2009
.2 Substantial Completion date:
July 30, 2010
1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect'shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
Init. AIA Document 1311017M —2007 t1ormerly13151rm — 1997). Copyright@ 1974,1978, 1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. wARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of
this AIA! Document, or any, portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 2
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1000378522_1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project. .
§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this ProJeci.
§ 2.5 The Architect shall maintain the followin.- insurance for the duration of this Agreement. If any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall
reimburse the Architect for any additional cos,�
(Ident�fy types and limits ofin"urance coverage, and other insurance requi . rements applicable to the Agreen7ent,
a77V.
General Liabilii-,
Travelers Indemnity COMDany of Connecticut $ 1,000,000 Each Occurrance, $2,000,000 General
Aguegate
.2 Automobile Liabilit,.
Travelers Hired and Non -Owned Auto Liability Policy $1,000.00(i
Traveler's Commercial Umbrella Excess Policy $5,000.00(:
.3 Workers' Compensatioi�.
Fireman's Fund $1,000.0W.
.4 Professional Liabilit,
New HarnDshire Insurance Company $5,000,000 Each Occurrance, $10,000,000 Annual Aggregate
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, �1�and electrical engineering services as well as landscape architectural and emergency
operations -services. Services not set forth in this -Article 3 are Additional Services.
§ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design
criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.
The schedule shall include allowances for periods of time required for the Owner's review, for the performance of
the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once
approved by the Owner, time litnits established by the schedule shall not, except for reasonable cause, be exceeded
by the Architect or Owner, With the Owner's approval, the Architect shall adjust the schedule, if necessary as the
Project proceeds until the commencement of construction.
Init. AIA Document 81011"'m — 2007 Prmerly B151TM— 1997). Copyright(D 1974,1978,19B7,1997 and 2007 by The American Institute ofArchiteds. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the low. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522_1 which expires on 11 /2012009, and is
not for resale.
User Notes: (2322574036)
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect' s
approval.
§ 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project, the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 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.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
codes. and regulations applicable to the Architect's servicek-
12.2 The Architect shall prepare a preliminary evaluation of the Owner* s program, schedule, budget for the Cost
of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in
terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
inconsistencies discovered in the information. and (2) other information or consulting services that maybe
reasonably needed for the Pro.ject.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project, including the feasibility of incorporating
environmentally responsible design approaches. The Architect shall reach an understanding with the Owner
regarding the requirements of the PrQjec'L.
§ 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for
the Ownei`s approval a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval, The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevatioDs; and may
include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and
building orientation, together with other considerations based on program and aesthetics, in developing a design that
is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other
environmentally responsible design services under Article 4.
§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics in developing a design for the Project that is consistent
with the Owner's program, schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with
Section 6.3.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
AIA Document B1017m —2007 ormerly 8151TM — 1997). Copyright@ 1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
InIt. reserved. WARNING: This AIAV Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 4
under the law. This document was produced by AIA software at 12:29:66 on 02/05/2009 under Order No.1 000378522l which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574D36)
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and
electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also
include outline specifications that identify major materials and systems and establish in general their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
§ 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work-, and request the Owner's approval.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorizaticm-of -
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents sha,11 illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor
will provide additional information, irlCluding Shop Drawings. Product Data, Samples and other similar submittals,
which tile Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Proiect,
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) bidding and procurement information that describes the time, place and
conditions of bidding, including bidding or proposal forms; (2) the form of agreement between tile Owner and
Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).
The Architect shall also compile a project manual that includes the Conditions of tile Contract for Construction and
Specifications and may include bidding requirements and sample forms.
§ 3.4.4 The Architect shall update the estimate for the Cost of the Worl-
§ 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise tile Owner of any adjustments
to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's
approval.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.1 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive
bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) deten-nining the successful bid
or proposal, if any; and, (4) awarding and preparing contracts for construction.
3.5.2 COMPETITIVE BIDDING
3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by
.1 procuring the reproduction of Bidding Documents for 'distribution to prospective bidders;
distributing the Bidding Documents to Prospective bidders, requesting their return upon completion
of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of
deposits, if any, received from and returned to prospective bidders;
.3 organizing and conducting a pre -bid conference for prospective bidders;
preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and
.5 organizing and conducting the opening of the bids, and subsequently documenting and distributing
the bidding results, as directed by the Owner.
Init. AIA Document B101'rm — 2007 Vormerly B1 51 TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 5
under the law. This document was produced by AIA software at 12:29:56 on 02105/2009 under Order No.1 000378522 1 which expires on 11/20/2009, and is
not for resale.
User Notes:
(2322574036)
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
§ i5.3 NEGOTIATED PROPOSALS
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by
.1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and
requesting their return Upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors; and
.3 participating in negotiations with prospective contractors, and subsequently preparing a summary
report of the negotiation results. as directed by the Owner.
§ 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents pern-rit subs ti tutions', and
shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
3.6 CONSTRUCTION PHASE SERVIM
3.6.1 GENERAL
3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A201 TM-2007. General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect amend this Agreemen'..
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect be responsible for the Contractor's failure to periorm the Work in accordance with the requirements of the
Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissioDs, but shall not
have control over or charge of, and shall Dot be responsible for. acts or omissions of the Contractor or of any other
persons or entities performing portions of the Worl,
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide. Construction Phase Services commences
with the award of the Contract for Construction and terminateson the date the Architect issues the final Certificate
for Payment.
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed 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. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and
from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in
the Work.
§ 3.6..2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the 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.
Init. AIA Document 8101"m — 2007 Lormerly B151TIl — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 6
under the low. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522_1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance 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.
§ 3.6.2.4 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 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 interpretEttiODS or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
term is defined in AIA Document A�01-2007. the Architect shall render initial decisions on Claims between the
Owner and Coluractor as provided in the Contract Document&.
§ 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
§ 3.6.3.1 The Architect shall review and certify the amounts due tire Contractor and shall issue certificates in such
amounts. The Architect's certification,for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided ill Section 3.6.2 and on the data comprising the Contractor's
Application for PaVlnellt. that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are su�ject (1) to all evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, (2) 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 Architec�.
§ 3.6.3.2 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.
3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment,
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal
schedule or, in the absence of air approved submittal schedule, with reasonable promptness while allowing sufficient
time in the Architect's professional judgment to permit adequate review.
§ 3.6.4.2 In accordance with the Architect -approved submittal schedule, 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. Review of such submittals is not for the purpose of determining the accuracy
and completeness of other inforination such as dimensions, quantities, and installation or performance of equipment
or systems, which are the Contractor's responsibility. 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 Architeft's approval of a specific item shall Dot indicate approval of an
assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate perforrilance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be
InIt. AIA Document B1 01 Tm — 2007 Vormerly B151Tm— 1997). Copyright@ 1974,1978, 1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of
this AIA" Document, or any portion of it, may result in severe civil and criminal -penalties, and will be prosecuted to the maximum extent possible 7
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1000378522_1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals..
§ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information
about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests
for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification. requested. The
Architect's response to such requests shall be rnade in writing within any time limits agreed upon, or otherwise with
reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.5 CHANGES IN THE WORK
§ 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to
the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the
Owner5s approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Wor-il.
§ 3.6.6 PROJECT COMPLETIO111!
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion: issue Certificates of Substantial Completion; 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 issue a final Certificate,for Payment based upon a final inspecti on
indicating the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the
requirenients of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected,
§ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the
Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2)
affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
op6rations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column of the table belolV. In the third
column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit,
identift the exhibit.)
Init. AIA Document B101TM —2007 i!ormerly B151TM-1997). Copyright@ 1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of
this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 8
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User Notes: (2322574036)
Additional Services
§ 4.1.1 Programming
Responsibill Fy—
(Architect, Owner
or
Not Provided)
Architect
Location of service Description
(Section 4.2 below or in an exhibit
attached to this document and
identified below)
§ 4.1.2
Multiple preliminary designs
Architect
§ 4.1.3
Measured drawings
Architect
§ 4.1.4
Existing facilities surveys
Architect
§ 4.1.5
Site Evaluation and Planning (B 203TN4 200?)
Architect
§ 4.1.6
Building information modelinL,
Architect
§ 4.1.7
Civil engineering
&rchitect
§ 4.1.8
Landscape design
A-rchitect I
§ 4.1.9
Architectural Interior Design (B2521M 2007-4
ALchitec,
§ 4.1.10
Value Analysis kB2-0��.
&chitec,
4.1.11
Detailed cost estimatim�
&rchitec
4.1.12
On -site project representation
Axchiteu�
4.1.13
Conformed construction documcnt�
N�Lt �ovide�C
§ 4.1.14
drawings
As Designed keeer-d As -designed record
Architect
§ 4.1.15
drawings
As C;ons6-aeted-ReeeFd-As-constructed record
Architec�
§ 4.1.16
Post occupancy evaluation I
Architec,
4.1.17
Facility Support Services (1321011,1 200?)
NgLpLovided
§ 4.1.18
Tenant -related services
Notprovided
§ 4.1.19
Coordination of Owner's consultant',
Not provided
§ 4.1.20
Telecommunications/data desigil
Architec;
§ 4.1.21
Security Evaluation and Planning (13206T11
2007)
Not J11cludee.
§ 4.1.22
Commissioni�E (13211 Tm-2007)
Not included
§ 4.1.23
Extensive nvironmentally responsible design
§ 4.1.24
EEWO-C—ertificatioD (13214T m-2007
Not i2rovided
§ 4.1.25
Fast -track desigD services I
Nnt nrc)vidt-.d
§ 4.1.26
Historic Preservation (B205Tm-2007) I
Not provided
§ 4.1.27
Furniture, Pufflis iings-,-Ei�nishings. and
Equipment Design kB2-531m-10G7-,!
Architect
§ 4.2 Insert a description of each Additional Service desigynated in Section 4.1 as the Architect's responsibility, if not
further described in an exhibit attached to this document. ,
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4, 2009, both of which are hereby
made a part of this ageement. The cost of such additional services shall be mutually negotiated and aDproved in
advance in writing by the Owner to the Architect prior to commencing the work.
§ 4.3 Additional Services may be provided after execution of thisAgreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with
this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in
the Architect's schedule,
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not
proceed to provide the following services until the Architect receives the Owner's written authorization:
A Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
Init. AIA Document B101T11-2007 Vormerly B151rm-1997). Copyright 0 1974,1978, 1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522 1 which expires on 11/20/2009, and is
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User Notes: (2322574036)
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive'environmentally responsible design
alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED@
certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owner Dot rendered in a timely manner or any other failure
of performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or heating;
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto:
.9 Evaluation of the qualifications of bidders or persons I providing proposals;
.10 CoDsultatioii concerning replacement of Work resulting from fire or other cause during construction;
011-
.11 Assistance to the Initial Decision Maker. if other than the Architect.
§ 4.3.2 To avoid delav in the Construction Phase, the Architect shall provide the following Additional Services,
i)otify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the
Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt
written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those
service�:
I Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 Responding to the Corttractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's
proposals and supporting data, or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker;
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom; or
.6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60
days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of
Substantial Completion identified in Initial Information, whichever is earlier.
§ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 Four ( 4__) reviews of each Shop Drawing, Product Data itern, sample and similar submittal of the
Contractor
.2 Twenty-eight ( 28 ) visits to the site by the Architect over the duration of the Project during
construction
.3 ane ( L) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 One ( L) inspections for any portion of the Work to determine final completion
§ 4.3.4 If the services covered by this Agreement have not been completed within Twenty-three ( 23 _) months of
the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time,
shall be compensated as Additional Services.'
Init. AIA Document B10JT11 — 2007 Vormerly BISJTM-1997). Copyrighl@1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
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ARTICLE 5, OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide 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. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6. 1; (2) the Owner's other costs; and, (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the OWDer's budget for the Cost of the
Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding
change in the Project's scope and qualn�.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall tender- decisions and approve the Architect's submittals in a timeiv manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's service'E.
§ 5.4 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: designated wetlands;
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 coricerning 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.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground dorrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall coordinate (lie services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts bet een the
Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than thosewdesignated
in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests
such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants maintain professional liability insurance as appropriate to the services provided.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents. such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.8 The Owner shall,furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services,
§ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
Init. AIA Document B101TM —2007 Vormerly BISITM— 1997). Copyright@ 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result,
in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced byAJA software at 12:29:56 on 02/05/2009 under Order No.1000378522 I which expires on 11/20/2009, and is
not for resale.
User Notes:
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§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land,
rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the
Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project as required Under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of
the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared
by the Architect, represent the Architect's judgment as a design professioDal'. It is recognized, however, that neither
the Architect nor the Owner has Control over the cost of labor, materials or equipment-, the Contractor's methods of
determining bid prices-, or competitive bidding. market or negotiating conditions. Accordingly, the Architect cannot
and does not warrant orrepresent that bi�s or negotiated prices will not vary from the Owner's budget for tile Cost
of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
6.3 In preparing estimates of the Cost of Work-, 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 inake reasonable adjustments in the program and
scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the
Cost of the Work shall be based on current area, volurne or similar conceptual estimating techniques. If the Owner
requests detailed cost estimating services. the Architect shall provide such services as an Additional Service undei-
Article 4.
§ 6.4 If the Bidding or Negotiation Phase has Dot commenced within 90 days after the Architect submits the
CoDstruction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
Work, the Architect shall make appropriate recommendations to tile Owner to adjust the Project's size, quality or
budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at. the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable Lime;
.3 terminate in accordance with Section 011.5.-
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or
.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
COTICIUSiOrk of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6. 1. The
Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this
Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Ownerwarrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
Init. AIA Document BJOJTM-2007 Vormerly B151TM-1997). Copyright (D1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 12
under the law. This document was produced by ALA software at 12:29:56 on 02105/2009 under Order No.1 000378522_1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 7.2 The Architect and the Architect Is consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. 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.
§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a Donexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its 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. The license granted under this section permits the Owner to
authorize the Contractor, subcontractors, Sub-subcoritractors, and material or equipment suppliers, as well as the
Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely
and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates
this Agreement for cause as provided in Section 9.4, the license ff anted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants frorn all costs and expenses, including tile cost of defense, related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
the Instruments of Service under this Section 7.3. 1. The terins of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, no other- license or right shall be deerned granted or implied
under this ALYreement. The Owner shall Dot assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to another party without the prior written agreement of the Architect. 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
consultant---.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
any case not more than.10 years after the date of Substantial Completion of the Work. The Owner and Architect
waive all claims and causes of action not commenced in accordance with this Section 8. 1. 1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contract ors, 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 AIA Document A201-2007, General
Conditions of the Contract for Construction. 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.
§ 8.1.3 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 termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 MEDIATION
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. 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 binding dispute resolution.
AIA Document B1017m —2007 �formerly B1517m. — 1997). Copyright (D 1974,1978,1987,1997 and 2007 by The American Institute of Architect,. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 13
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522 1 which expires on 11/20/2009, and is
not for resale.
User Notes:
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§ 8.2.2 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 administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and
filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Pro ' iect 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,
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this SCCtj0D 8.2. the method of binding
dispute resolution sha ' 11 be the followin.�.
(Check the appropriate box. I.f the Owner and Architect do not select a method of binding disPute resolution below,
or do not subsequently agree in ivriting to a bindi7lg dispute resolution. method other than litigation, the dispute will
be resolved in a court of competentjtfrisdiCti077.
Arbitration pursuant to Section 8.3 of this Agreemen,
Litigation in a court of competent Jurisdictior.
X ) Other (Specift.:
As mutually agreed by both partie�..
§ 8.3 ARBITRATION
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, ally
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person Or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in DO event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.
§ 8.3.2 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.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 8.3.4 CONSOLIDATION OR JOINDER
§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
AIA Document BiolTm-2007�!ormerlyB15ITM-1997). Copyright@ 1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 14
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. 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,
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperfon-nance and cause for termination or, at the Architect's option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before susperiding services. 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 resuining 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..
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such SUSP6nSiOD. 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.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice,
§ 9.4 Either party may terminate this Agreement 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.
§ 9.5 The Owner may terminate this Agreement UDOn nOt less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 In the event of termination Dot the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.
§ 9.7 Termination Expenses are in addition to compensation for the Architect's services 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.
§ 9.8 The OwDer's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11. 9.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the
parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bindthemselves, their agents, successors, Assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
Init. AIA Document B10JTM —2007 Prmerly 13151W — 1997). Copyright 0 1974,1978, 1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 15
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 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. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates'or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 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.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have Do 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 sitc.
§ 10.7 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.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those who need to know the content of such information in order
to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors
whose contracts include similar restrictions OD the use of confidential information.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3. the Owner shall compensate the Architect as
follows:
(Insert amount of or basisfor, compensati071.)
Compensation for services as described herein shall be a fee based upon Eight percent (8%) of all on -site
improvements, circulation areas, parking areas and landscaping as specified in Architect Fee Proposal Letter dated
February 4, 2009, which is attached and hereby made a part of the agreement.
Topographic Survey, Standard Urban Stormwater, and Geotechnical Investigation are considered additional services
and will be billed based on the. fees set forth in Architect's Fee Proposal Letter dated February 4, 2009.
§ 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation. If necessary, list specific sendces to which particular methods of
compensation apply.)
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28. 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4, 2009, both of which are herLby
made a part of this agreement. The cost of such additional services shall be mutually negotiated and approved in
advance in writing by the Owner to the Architect prior to commencing the work.
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of or basisfor, compensation.)
Init. AIA Document B101 TM —2007 VormerlyB1151`rm-1997). Copyright 01974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties, Unauthorized reproduction or distribut! n of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibleo 16
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4. 2009, both of which are hereby
made a i)art of this agreement. The cost of such additional services shall be mutually negotiated and Uproved in
advance in writing by the Owner to the Architect prior to commencing the work.
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11.3, shall be the amount invoiced to the Architect plus ( 1 .00% ), or as otherwise stated below:
§ 11.5 Where compensation for Basic Services is based on a stipulated sum of percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:
Schematic Design Phast
Fifteen
percent
15
%)
Design Development Phast
Z:�
Ten
percent
Construction Documem�
Eifty
percent
.1
50
%
Phase
Bidding or Negotiation Phast�
Five
percent
Construction Phas-
TWCDtV
percent
20
%)
Total Basic Compensatior,
one hundred
percent
100
%
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Prq)ect are
deleted of otherwise not constructed, compensation for those portions of the Project shall be, payable to the extent
services are performed On those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the
lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of
the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the Construction Phase is commenced,
§ 11.7 The hourly billing rates forservices of the Architect and the Architect's consultants, ifany, are set fortla
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultanfs� normal review
practices.
(If'apl-Vicable, attach an exhibit ofhow-li, billim? rates or insert the777 belo�,v,)
WLC ARCHITECTS, INC.
HOtJRLY RATE SCHEDULE
Principals of Firm
$210.00/hi
Associate Principal/Directo-.-
0 1 szr, nn/l—
Associate/Coordinator
$185.00/hi
Senior Project Architect
$170.00/hr
Senior Project Manaaer
$170.00/hr
Project Architect
$1 45.00/hr
Project Manage r
nf)/I"-
Technical Level I
$95�00/hr
Technical 1,evel 11
$85.00/h
Technical SUPDort
$75.00/hr
Raw
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
Init. AIA Document BMW —2007 VormerlyB15ITM— 1997). COPyright@1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 17,
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1000378522 1 which expires on 11/20/2009, and is
not for resale.
User Notes:
(2322574036)
.1 TfEfflspei4afian and aa&3r-ized out Of tOWH tFavel and subsisteffeeq--i
.2 Long Elistanee seFviees, dediealed data and eaRiffluniGafien ser-viees, teleeentefenees, Pr-ejeet Webb
sites, and extfanofs
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 ReBdefiflgS, FAE4018, ffle&i UPS, PFOf-.Hiepal phetagT-aphy, and presentation mater-ials models, mock-
ups, and professional photogrqphy requested by the Owner;
.8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that Dormally carried by the Architect's consultants;
.9 All taxes levied eii pr-afessiejial i— mid — r-eiffibursable expensesi,
.10 Site effiee expeBsesi mid
.11 Other similar ProJect-related expenditure�..
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus ( 1.00% ) of the expenses incurreC.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S )INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Aareement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of
the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:
§ 11.10 PAYMENTS TO THE ARCHITECT
§ 11.10.1 AD initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this
Agreement and is the minirnum payment under this Avreement. It shall be credited to the Owner"s account in the
final invoice.
§ 11.10.2 Unless otherwise, agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect' s invoice. Amounts unpaid Forty-five ( 45 )
days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing frorn time to time at the principal place of business of the Architect.
(Insert rate of n7onth1v or annual interest agreed upon.
1 4.00% per annurn
§ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect, or to offset surns requested by or paid to GODtractors for the cost of changes in
the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceeding.
§ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 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.
Init. AIA Document B1017m — 2007 Vormerly 131151"m — 1997). Copyright@ 1974, 1978, 1987,1997 and 2007 by The American Institute of Architects. All eights
reserved. WARNING; This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522_1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
Init.
§ 13.2 Tl* Agreement is comprised of the following documents listed below:
.1 AIA Document B JOITm-2007, Standard Form Agreement Between Owner and Architect
.2 AIA Document E20ITm-2007, Digital Data Protocol Exhibit, if completed, or the following:
.3 Other documents:
(List other documents, if any, including Exhibit A, Initial Information, and additional scopes of
service, �f a —,any forining part of the Agreement.)
Architect's Proposal: dated July 28. 20M
Architect's Revised Fee Proposal Letter dated February 4. 200�.
This AEreement entered into as of the day and year first written abovc
OWNER
(Sigi ture,i
Mqrr(C. Whitworth, Fire Chie�
(Printed nanze and title;
ARCHITER
='K;�
(S,Afna til re
Kelley Needham, Vice President, License -#Q 19064
(Printed name and title!
AIA Document 8101'm-2007 ormerly B1517m — 1997). Copyright@ 1974,1978,1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIAV
� Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of
this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1000378522 1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
Name:
Title:
Date:
ATTEST:
MANUELA GIRON, City Cler
APPROVED AS TO FORM:
JEFF A. HARRISON, City Attorney
CITY OF VERNON
M ayor / Mayor Pro-Tem
July 28, 2008
Mr. Mark C. Whitworth
Fire Chief
City of Vernon
Fire Headquarters and Administrative Office
City Hall
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Fee Proposal for Architectural and Engineering Design Services
Fffe Station No. 4
Vernon. CA
Dear Mr. Whitworth:
Attached please find our preliminary fee proposal for the above referenced project. We have tried to be as complete
as possible,, however, with such a broad scope of work we anticipate that refinement. will be necessary should we be
selected as your architect. For the purposes of establishing a preliminary fee, we have assumed a preliminary
construction budget of $7,500,ODO.00. Please note that this Was an assumption made in order to illustrate our fee
structure and not a determination of your actual construction budget.
Thank you again for the opportunity to submit on this exciting new p . roject. If you should have any questions or
require any additional information, please do not hesitate to contact me at any tim.
Very iruly yours,
KEI I Y NEEDHAM
Architect, AIA
Principal
KN:wq
OM167-fp
Attachment: Fee Proposal
Virginia Dare Tower 0 10470 Foolhill Boulevard Rancho Cucamonga, California ?1730 - 3754 0 ph: 909 987 0909 fox: 909 980 9980
1110 Iron Point Road e Suite 200 Folsom, California 95630 - 0315 ph: 916 355 9922 fox: 916 3S5 9950
1250 451h Street a Suite 150 a Emeryville, California 94608 - 2901 ph: 510 450 1999 fox: 5 10 A50 2525
yll�
Architects, I ric.
latry Woff, AM 0 C"ne M. Wiens, M 0 RobW &nsfey, AM 9 James P. DiCamillo, M Glenn (kda, MA
Max Medina, AM 0 Kelley Needham, AM @ Kevin A. MacQuartle, AIA
DATE: July 28,2008
PROJECT NUMBER: 08-0167 TO: Mr. Mark C. Whitworth
Fire: chief
PROJECT: Proposal for Architectural and City of Vernon
Engineering Design Services F= Headquartm and Adudnistrative Office
City Hall
Fire Station No. 4 4305 Santa Pc Avenue
Vernon. CA 9MB
URPOSE VU
X your use herewith
your files mail
your approval next"day
your information ground
X your review X courier / hand ca"
DATE COPIES PAGES DESCREMON
7/28/08 6 Proposal for ArchilecUuml and Engineering Design Services
Cost Proposal
I IOMMIA
cc:
BY: KEII Y NEEDHAM. Ambitem AIA. Principal I wqM"167-ir
Virginlo Date Tower 9 10470 Foothill Boulevard Rancho Cucamonga, California 91730 - 3754 * ph: 909 987 0909 fox: 909 980 9980
1110 iron Point Road. a Suits 200 Folsom, California 95630 - 0315 ph: 916 j55 9922 fox: 916 355 9950
1250 451h Street * Suili 150 * Emeryville, California 94600 - 2901 ph: 510 450 1999 fox: 510 450 2525
Fee Procosal
A. Basic Architectural Fee
Our Imic architectural fee will be a fixed lump sum based on 9% of the approved construction budget. The
basic architectural fee includes the following disciplines:
• Civil Engineering
• Architectural Engineering
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
• Emergency Operations
The basic fee includes all on -site, improvements, circulation areas, parking areas, and landscaping. Ile basic
architectural fee will be adjusted to correspond to any increases in project scope or construction cost utilizing a
9.0% rate. Assuming a preliminary construction budget of $7,500,000.00 a breakdown of our proposed fee
would be as follows:
Phase of Service
Fee
Schematic Design (15-1.)
$ 101,250.00
Design Development Documents (109/9)
67,500-00
Construction (50019)
337,50D.00
Bidding (5-1.)
33,750.00
Construction Support (20no
135,000.00,
Subtotal Basic Architectural Fee
$ 675,000.00
Reimbursable Allowance
10,000.00
TOTAL BASIC ARCHITECTURAL FEE
S 685,000.00
R. Additional Services
LEED CeffiE
Geotechnical
85,000-00
12,000.00
Subtotal Additional Services —::� 111-11091000-00
/-u d C04-�--
City of Vernon Fire Station No. 4 Page I
08-0167-fp
C. Items Excluded
Ile following is a list of items which are excluded from our scope of services or am not anticipated to be
required. However, these services can be included, if requested, or once additional information is known,
I . Hazardous Material AssessmenL
2. Shwt Improvements or Traffic Signalization- Our fee includes normal drive approaches within existing
improvements and utility connections. Any requirements for signalization or extensive Suva improvement
work requiring separate documents or a separate plan check process would not be considered within our
scope of worL
3. Drainage Studies.
4. Storm Water Pollution Prevention Plan. We will prepare an erosion control exhibit for use by the contractor
in preparation of the SWPPP and assist the City of Vernon with the completion of the Notice of Intent
5. Off -Site Utility Improvements or Extensions: Our fee assumes that utilities are available at the project site.
Any extensive utility improvement work requiring separate documents or a separate plan check process
would not be considered within our scope of work.
6. Detention or Retention Basin Storage Calculations.
7. Construction Surveying
S. Plan Check/Permit Fees.
9. Physically Constructed Building Models.
10. Boundary Survey/Permanent Monuments.
11. Title Reports.
12. Parcel Map1ot Line Adjustment.
13. Foundation System Our fee assumes typical spread footings in average soil conditions. Any other type of
foundation system required as a result of poor soil conditions would not be considered widiin our scope of
worlL
D. Reimbursables
Items required or requested by the City or Fire Department will be invoiced as reirnbursables without markup on
monthly intervals. Reimbursables generally include the following:
1. Paper copy.
2. Photography.
3. Blueprinting/Mylars.
4. Computer plottmg.
5. Express or ova -night mail/courier service.
City of Vernon Fire Station No. 4 Page 2
08-0167-fp
E. Hourly Rate Schedule
For additional services, the following hourly rates we proposed for the basis of negotiating scope modifications
which may be necessary for the project. Hourly rates include
mark-up that will be applied to all few.
RcGburs�ble costs for reprographic services, computer
plotting, and photography will be negotiated at the tune
additional services are requested,
ARCB1[TECT
LANDSCAPE ARCHITECT
Principals of Firm
$210.00
Principal
$130.00
Associate Principal/Director
$185.00
Landscape Architect
$100.00
AssociaWCoordinator
$185.00
Designer
$ 55.00
Senior Project Architect
$170.00
Senior Draftsperson
S 75.00
Senior Prcject Manager
$170.00
Junior Draftsperson
$ 60.00
Project Architect
$145.00
Field Observation
S 90.00
Project Manager
$145.00
Technical Support
$ 50.0.0
Technical Level 1
95.00
Technical Level 11
85.00
Technical Support
$ 75.00
STRUCTURAL ENGINEER SUSTAINABLE DESIGN
Principal Engineer
$130.00
Architect
$135.00
Project Engineer
$100.00
Consultant
$100.00
Chief Draftsman
$ 85.00
specialist
$ 75.00
Draftsman
$ 65.00
Energy Modeling
$150.00
Technical Support
$ 45.00
CIVIL ENGINEER EMERGENCY OPERATIONS
Principal Civil Engineer
$110.00
Principal
$175.00
Principal Land Surveyor
$ 85.00
Project Manager
$140.00
Project Engineer
$ 85.00
Project Engineer
$130.00
Project Manager
$ 55.OD
Design Engineer
$120.00
Engineering Design
$ 55.00
Draftsman
$110.00
Design Draftsman
$ 50.00
Technical Support
$60.00
Draftsman
$ 45.00
Technical Support
$ 20.00
NECHANICAL&LECTRICAL ENGINEER
Principal
$11 O.OD
Project Manager
$105.00
Project Engineer
$100.00
Design Engineer
$ 82.00
Designer/CADD Technician
$ 68.00
Jr. Designer/CADD Technician
$42.00
CADD Tachnical/Drafter
$ 36.00
Technical Support
$ 35.00
City of Vemon Fire Station No. 4 P4ge 3
08-0167-fp
Fire Department
Mr. Mark C. Whitworth
Fire Chief
City of Vernon
Fire Headquarters and Administrative Office
City Hall
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Fee Proposal for Architectural and Engineering Design Services - Revised
Vernon Fire Station No. 4
Project 0821200.06
Dear Chief Whitworth:
Attached please find our revised fee proposal as reviewed with Paul Broschera. If you should have any questions or
require any additional information, please do not hesitate to contact me at anytime.
Very truly yours,
KELLEY NEEDHAM
Architect, AIA
Principal
KN:br/P00821200x2-1tr
Attachment: Fee Proposal
cc: Paul Broschera, Controller, Alert Mechanical Contractors
Nanette Piccini, Director, Accounting, Associate, WLC Architects, Inc.
8163 Rochester Avenue Suite]00 Rancho �Cucamonga, California91730-0729 ph:9099870909 Jax:9099809980
ivm,w.w1corchi1.ec1s.coni
Fee Proposal - Revised
A. Basic Architectural Fee
Our basic architectural fee will be a fixed lump sum based on 8% of the approved construction budget. The
basic architectural fee includes the following disciplines:
Civil Engineering
Architectural Engineering
Structural Engineering
Mechanical Engineering
Electrical Engineering
Landscape Architecture
Emergency Operations
The basic fee includes all on -site improvements, circulation areas, parking areas, and landscaping. The basic
architectural fee will be adjusted to correspond to any increases in project scope or construction cost utilizing a
8.0% rate. Assuming a preliminary construction budget of $7,500,000.00 a breakdown of our proposed fee
would be as follows:
Phase of Service Fee
Schematic Design (15%) $ — 90,000.00
Design Development (10%)
Construction Documents, (50%)
Bidding (5%)
60,000.00
300,000.00
3000000
Construction Administration (20%) 1
Subtotal Basic Architectural Fee 120,000.00
Reimbursable Allowance $ 600,000.00
10,000.00
TOTAL BASIC ARCHITECTURAL FEE $ 610,000.0
B. Additional Services
Additional Services Fee
Geotechnical Investigation 10,000.00
Topographical Survey 10,000.00
Standard Urban Stormwater Mitigation Plan 7,000.00
Subtotal Additional Services
27,000.00
TOTAL ARCHITECTURAL FEE $ 637,000.00
-L.Y - V C111U11 I J1t; OLUIM11 INO. 4 Page I
C. Items Excluded
The following is a list of items which are excluded from our scope of services or are not anticipated to be
required. However, these services can be included, if requested, or once additional information is known.
I . Hazardous Material Assessment.
2. Street Improvements or Traffic Signalization: Our fee includes normal drive approaches within existing
improvements and utility connections. Any requirements for signalization or extensive street improvement
work requiring separate documents or a separate plan check process would not be considered within our
scope of work.
3. Drainage Studies.
4. Storm Water Pollution Prevention Plan. We will prepare an erosion control exhibit for use by the contractor
in preparation of the S)�TPPP and assist the City of Vernon with the completion of the Notice of Intent.
5. Off -Site Utility Improvements or Extensions: Our fee assumes that utilities are available at the project site.
Any extensive utility improvement work requiring separate documents or a separate plan check process
would not be considered within our scope of work.
6. Retention or detention storm water runoff facilities.
7. Plans required to provide adequate utility or storm drain infrastructure to a point adjacent to the project site'.
8. Street dedication, vacation, or easement legal descriptions.
9. Separate off -site or on -site water, fire line or storm drain improvement plan and profile drawings.
10. Separate off -site street signing and striping plan.
11. Separate off -site street lighting improvement plans.
12. Revisions to existing street improvement plans.
13. LEED certification.
14. Commissioning,
15. Construction Surveying
16. Plan Check/Permit Fees.
17. Physically Constructed Building Models.
18. Boundary Survey/Permanent Monuments.
19. Title Reports.
20. Parcel Map/Lot Line Adjustment/Lot merger.
21. Foundation System: Our fee assumes typical spread footings in average soil conditions. Any other type of
foundation system required as a result of poor soil conditions would not be considered within our scope of
work.
D. Reimbursables
Items required or requested by the City or Fire Department will be invoiced as reimbursables without markup on
monthly intervals. Reimbursables generally include the following:
1. Paper copy.
2. Photography.
3. Blueprinting/Mylars.
4. Computer plotting.
5. Express or overnight mail/courier service.
City of Vernon Fire Station No. 4 Page 2
E. Hourly Rate Schedule
For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications
which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees.
Reimbursable costs for reprographic services, computer plotting, and photography will be negotiated at the time
additional services are requested.
ARCHITECT
LANDSCAPE ARCHITECT
Principals of Firm
$210.00
Principal
$130.00
Associate Principal/Director
$185.00
Landscape Architect
$100.00
Associate/Coordinator
$185.00
Designer
$ 55.00
Senior Project Architect
$170.00
Senior Draftsperson
$ 75.00
Senior Project Manager
$170.00
Junior Draftsperson
$ 60.00
Proiect Architect
$145.00
Field Observation
$ 90.00
Project Manager
$145.00
Technical Support
$ 50.00
Technical Level 1
$ 95.00
Technical Level 11
$ 85.00
SUSTAINABLE DESIGN
Technical Support
$ 75.00
Architect
$135.00
STRUCTURAL ENGINEER
Consultant
$100.00
Specialist
$ 75.00
Principal Engineer
$130.00
Energy Modeling
$150.00
Project Engineer
$100.00
Chief Draftsman
$ 85.00
EMERGENCY OPERATIONS
Draftsman
$ 65.00
Technical Support
$ 45.00
Principal
$175.00
Project Manager
$140.00
CIVIL ENGINEER
Project Engineer
$130.00
Design Engineer
$120.00
Principal Civil Engineer
$110.00
Draftsman
$110.00
Principal Land Surveyor
$ 85.00
Technical Support
$60.00
Project Engineer
$ 85.00
Project Manager
$ 55.00
Engineering Design
$ 55.00
Design Draftsman
$ 50.00
Draftsman
$ 45.00
Technical Support
$ 20.00
MECHANICAL/ELECTRICAL ENGINEER
Principal
$110.00
Project Manager
$105.00
Project Engineer
$100.00
Design Engineer
$ 82.00
Designer/CADD Technician
$ 68.00
Jr. Designer/CADD Technician
$ 42.00
CADD Technical/Drafter
$ 36.00
Technical Support
$ 35.00
City of Vernon Fire Station No. 4 Page 3
-.0k, — .
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 4, 2009
WLC Architects, Inc.
Attn: Kelley Needham
8163 Rochester Avenue, Suite 100
Rancho Cucamonga, CA 91730-0729
Re: Agreement for Architect Services - Fire Station No. 4
Dear Mr. Needham:
The insurance requirements have been met. Transmitted herewith is a
fully executed agreement, as referenced above, approved by City
Council on February 23, 2009, through Resolution No. 9868.
If you have any questions regarding this matter, please call Mr. Mark
Whitworth at 323/583-8811 ext. 280.
Very truly yours,
Nell I yy G Aon
City Clerk
NG: dj
C: Mark Whitworth
Purchasing Department
Resolution No. 9868
Agreement File No. 09-035
E,-�cfusive(y industriaf
1ADocument B101 T11 -2007
Standard Form of Agreement Between Owner and Architect
AGREEMENT made as of the Nineth day of February n the year Two Thousand Nine
(In words, indicate day, month and year-.)yearl
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
City of Vernon Fire Department
4.305 Santa Fe Avenue
Vernon, CA 9005el
and the Architec-:
(Name, address and other infonnation i
WLC Architects -Inc., Professional CorDoration
8163 Rochester Avenue, Suite 100
Rancho Cucamon�4a, CA 91730
for the following PrQject:
(Name, location, and detailed description)
Citv of Vernon
Fire Station No. Z
Architect's Proiect No. 0821200
The Owner and Architect agree as follaws.follows:
The project is located on the southeast comer of At
Boulevard in the City of V on. The site is apro
be a 3-bay facility of gpproximately 15,000 s.f. Th
construction have not yet been determined. A prel
$7,500,000 has been established.
This document has important
legalconsequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
Init. AIA Document B1 01 TM — 2007 Prmerly B151TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSIOK
10 MISCELLANEOUS PROVISION'S
11 COMPENSATIOK
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMEN7
EXHIBIT A INITIAL INFORMATION
ARTICLE 1 INITIAL INFORMATION'
§ 1.1 This Agreement is based on the Initial Information set forth in this Article I and in optional Exhibit A, Initial
Information:
(Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below
Initial Information such as details of the Project's site and program, Owner's contractors and consultants,
Architect's consultants, Owner's budgetfor the Cost of the Work, authorized representatives, anticipated
procurement method, and other information relevant to the Project.)
§ 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
.1 Commencement of construction date:
Aulzust 01, 2009
.2 Substantial Completion date:
July 30, 2010
§ 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
Init. AIA Document B101TM —2007 Prmerly B15ITM — 1997). Copyright* 1974, 1978, 1987, 1997 and 2007 byThe American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 2
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522_1 which expires on 11/20/2009, and is
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§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
§ 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall
reimburse the Architect for any additional cost:
(Identify types and litnits of insurance coverage, and other insurance requirements applicable to the Agreement,
anY.)
.1 General LiabilitN
Travelers Indemnity Company of Connecticut $1,000,000 Each Occurrance, $2,000,000 GeLeral
Aure�,rate
.2 Automobile Liabilit�
Travelers Hired and Non -Owned Auto Liability Policy $ 1,000.000
Traveler's Commercial Umbrella Excess Policy $5,000.000
.3 Workers' Compensation
Fireman's Fund $1,000,000
.4 Professional Liabilitv
New HaMpshire Insurance Company $5,000,000 Each Occurrance, $10,000,000 Annual ARJZreaate
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, eivil and electrical engineering services as well as landscne architectural and emergency
operations services. Services not set forth in this -Article 3 are Additional Services.
§ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design
criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error, ornission or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.
The schedule shall include allowances for periods of time required for the Owner's review, for the performance of
the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once
approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded
by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the
Project proceeds until the commencement of construction.
Init. AIA Document B10ITM — 2007 Vormerly B151TM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 3
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
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User Notes: (2322574036)
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
§ 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project, the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 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.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
codes, and regulations applicable to the Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner' s program, schedule, budget for the Cost
of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in
terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project, including the feasibility of incorporating
environmentally responsible design approaches. The Architect shall reach an understanding with the Owner
regarding the requirements of the Project.
§ 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for
the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and
building orientation, together with other considerations based on program and aesthetics, in developing a design that
is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other
environmentally responsible design services under Article 4.
§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics in developing a design for the Project that is consistent
with the Owner's program, schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with
Section 6.3.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
Init. AIA Document B101TM — 2007 �Iormerly B15ITM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4
this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and
electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also
include outline specifications that identify major materials and systems and establish in general their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
§ 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, and request the Owner's approval.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor
will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals,
which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) bidding and procurement information that describes the time, place and
conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and
4 Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).
The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
§ 3.4.4 The Architect shall update the estimate for the Cost of the Work.
§ 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments
to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's
approval.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.1 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive
bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid
or proposal, if any; and, (4) awarding and preparing contracts for construction.
§ 3.5.2 COMPETITIVE BIDDING
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by
J procuring the reproduction of Bidding Documents for distribution to prospective bidders;
.2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion
of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of
deposits, if any, received from and returned to prospective bidders;
.3 organizing and conducting a pre -bid conference for prospective bidders;
.4 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and
.5 organizing and conducting the opening of the bids, and subsequently documenting and distributing
the bidding results, as directed by the Owner.
Init. AIA Document BJOJTM — 2007 �Iormerly B151TM — 1997). Copyright@ 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5
this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the lawi This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11 /20/2009, and is
not for resale.
User Notes: (2322574036)
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
§ 3.5.3 NEGOTIATED PROPOSALS
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by
.1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and
requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors; and
.3 participating in negotiations with prospective contractors, and subsequently preparing a summary
report of the negotiation results, as directed by the Owner.
§ 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
§ 3.6 CONSTRUCTION PHASE SERVICES
§ 3.6.1 GENERAL
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A201 Tm-2007, General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect amend this AgyreemenL.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
Architect shall not have controll over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect 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 or of any other
persons or entities performing portions of the WorL.
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
for Payment.
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed 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. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and
from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in
the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the 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.
Init. AIA Document 131101TM —2007 Vormerly 13151 TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 6
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance 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.
§ 3.6.2.4 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 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 rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the
Owner and Contractor as provided in the Contract Documents.
§ 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOF.
§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
"nor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by
the Architect.
§ 3.6.3.2 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.
3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal
schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient
time in the Architect's professional judgment to permit adequate review.
§ 3.6.4.2 In accordance with the Architect -approved submittal schedule, 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. Review of such submittals is not for the purpose of determining the accuracy
and completeness of other information such as dimensions, quantities, and installation or performance of equipment
or systems, which are the Contractor's responsibility. 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.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be
InIt. AIA Document B10ITM —2007 �Iormerly B15ITM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007.by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 7
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11 /20/2009, and is
not for resale.
User Notes: (2322574036)
entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals.
§ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information
about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests
for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The
Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with
reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.5 CHANGES IN THE WORK
§ 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to
the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Worl-
§ 3.6.6 PROJECT COMPLETIOK
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion; issue Certificates of Substantial Completion; 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 issue a final Certificate for Payment based upon a final inspection
indicating the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the
requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
§ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the
Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2)
affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third
column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit,
identift the exhibit.)
Init. AIA Document B101TM — 2007 Prmerly B151TM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 8
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
Additional Services
Responsibility
(Architect, Owner
or
Not Provided)
Location of Service Description
(Section 4.2 below or in an exhibit
attached to this document and
identified below)
§ 4.1.1 Programming
Architect
§ 4.1.2 Multiple preliminary designs
Architect
§ 4.1.3 Measured drawings
Architect
§ 4.1.4 Existing facilities surveys
Architect
§ 4.1.5 Site Evaluation and Planning (B243uL-200-74
Architect
§ 4.1.6 Building information modeling
Architect
§ 4.1.7 Civil engineering
Architect
§ 4.1.8 Landscape design
Architect
§ 4.1.9 Architectural Interior Design (B2-521m-2-0�
ALchitect
§ 4.1.10 Value Analysis (B24)41m-140-74
Architect
§ 4.1.11 Detailed cost estimating
Architect
§ 4.1.12 On -site project representation
Architect-
§ 4.1.13 Conformed construction documents
Not provided
§ 4.1.14 As D@signed Reeord As -designed record
drawings
Architect
§ 4.1.15 As Gansianaeted4z' -�As-constructcd record
drawings
Architec-, i
§ 4.1.16, Post occupancy evaluation
Architect
§ 4.1.17 Facility Support Services (B2101m -2007)
Not provided
§ 4.1.18 Tenant -related services
Not provided
§ 4.1.19 Coordination of Owner's consultants
Notprovided
§ 4.1.20 Telecommunications/data design
Architect
§ 4.1.21 Security Evaluation and Planning (B206TM-
2007)
Not included
§ 4.1.22 Conmrssioning (B 211 Tm-2007)
Not includ�d
§ 4.1.23 Extensive nvironmentally responsible design
Architec,
§ 4.1.24 IEED Certification (B214Tm-2007)
Not provided
§ 4.1.25 Fast -track design services
aotpLovided
§ 4.1.26 Historic Preservation (B205Tm-2007)
Not )rovided
§ 4.1.27 Furniture, r-uFaishiffgs-,-_Finishings, and
Equipment Design
Architect
§ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not
further described in an exhibit attached to this document.
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4, 2009, both of which are hereby
made a part of this agreement. The cost of such additional services shall be mutually negotiated and approved in
advance in writing by the Owner to the Architect prior to commenciuy the work.
§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with
this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in
the Architect's schedule.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not
proceed to provide the following services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
AIA Document B1101 TM- 2007 ormerly B15ITM - 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIAV Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or disiributi n of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibleo 9
under the law. This documentwas produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1000378522_1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED@
certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner of any other failure
of performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or hearing;
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto:
.9 Evaluation of the qualifications of bidders or persons providing proposals;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
0.1
.11 Assistance to the Initial Decision Maker, if other than the Architect.
§ 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the
Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt
written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those
services:
.1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's
proposals and supporting data, or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker;
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom; or
.6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60
days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of
Substantial Completion identified in Initial Information, whichever is earlier.
§ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 Four ( 4_) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the
Contractor
.2 Twenty-eight ( 28_) visits to the site by the Architect over the duration of the Project during
construction
.3 One ( I ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
One inspections for any portion of the Work to determine final completion
§ 4.14 If the services covered by this Agreement have not been completed within Twenty-three ( 23 ) months of
the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time
shall be compensated as Additional Services.
Init. AIA Document B10JTM —2007 i!ormerly B1 51 TM — 1997). Copyright 0 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, end will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
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ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide 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. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6. 1; (2) the Owner's other costs; and, (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding
change in the Project's scope and qualit\.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 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; designated wetlands;
adjacent drainage; rights -of -way, restrictions, casements, 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.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated
in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests
such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants maintain professional liability insurance as appropriate to the services provided.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5 , 8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services.
§ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
Init. AIA Document 13101TM — 2007 Vormerly B15ITM — 1997). Copyright 0 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land,
rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the
Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of
the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared
by the Architect, represent the Architect's judgment as a design professional. it is recognized, however, that neither
the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of
determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated prices will not vary fTom the Owner's budget for the Cost
of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, 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 program and
scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the OWDer's budget for the Cost of the Work. The Architect's estimate of the
Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner
requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under
Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or
budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or
.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6. 1. The
Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this
Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
Init. AIA Document B11011"M — 2007 Vormerly B151TM — 1997). Copyright@ 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rig hts
,reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12
this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522_1 which expires on 11 /20/2009, and is
not for resale.
User Notes: (2322574036)
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. 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.
7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its 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. The license granted under this section permits the Owner to
authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the
Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely
and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates
this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants frorn all costs and expenses, including the cost of defense, related to claims and causes
of action assef Led by any third person or entity to the extent such costs and expenses arise from the Owner's use of
the Instruments of Service under this Section 7.3. 1. The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, 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. 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.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8 - 1GENERAL
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
waive all claims and causes of action not commenced in accordance with this Section 8. 1. 1.
§ 8.1.2 To the extent damages are covered by property insurance, 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 AIA Document A201-2007, General
Conditions of the Contract for Construction. 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.
§ 8.1.3 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 termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 MEDIATION
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. 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 binding dispute resolution.
Init. AIA Document 13101 TM — 2007 Vormerly B15ITM — 11997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 13
under the law. This document was produced by AIA software at 12:29:56 on 02105/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
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User Notes: (2322574036)
§ 8.2.2 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 administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and
filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be 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.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2. the method of binding
dispute resolution shall be the followin-:
C
(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competerujurisdiction.)
[ J Arbitration pursuant to Section 8.3 of this Agreement
J Litigation in a court of competent jurisdictior.
K) Other (Specify)
As mutually aueed by both parties.
§ 8.3 ARBITRATION'
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
,mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.
§ 8.3.2 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.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 8.3.4 CONSOLIDATION OR JOINDER
§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
Init. AIA Document B1 01 Im — 2007 Vormerly B1 51 TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 14
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. 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.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before suspending services. 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.
§ 9.2 If the Owner suspends the Project, 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
inteff uption and resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted,
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement UPOD 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.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.
§ 9.7 Termination Expenses are in addition to compensation for the Architect's services 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.
§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11. 9.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the
parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201-2007, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
Init. AIA Document B1 01 TM — 2007 �Iormerly B15ITM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
written consent of the other, except that the Owner may assign this Agreement to a tender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 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. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 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.
§10.6 Unless otherwise required in this Agreement, the Architect 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.
§ 10.7 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.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those who need to know the content of such information in order
to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors
whose contracts include similar restrictions on the use of confidential information.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
(Insert amount of or basisfor, compensation.)
Compensation for services as described herein shall be a fee based upon Eight percent (8%) of all on -site
improvements, circulation areas, parking areas and landscaping as specified in Architect Fee Proposal Letter dated
February 4, 2009, which is attached and hereby made a part of the agreement.
Topographic Survey, Standard Urban Stormwater, and Geotechnical Investigation are considered additional services
and will be billed based on the fees set forth in Architect's Fee Proposal Letter dated February 4, 2009.
§ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
(Insert amount of or basisfor, compensation. If necessary, list specific services to which particular methods of
compensation apply.)
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4, 2009, both of which are hereby
made a i2art of this agreement. The cost of such additional services shall be mutually negotiated and approved in
advance in writing by the Owner to the Architect prior to commencing the work.
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basisfor, compensation.)
Init. AIA Document B10ITM-2007 Lormerly B151TM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 16
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522_1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11. 3, shall be the amount invoiced to the Architect plus ( L.00010 ), or as otherwise stated below:
§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:
Schematic Design Phaso Fifteen percent ( 15 %)
Design Development Phas-: Ten percent ( 10 %)
Construction Documents Eifty percent ( 50 %)
Phase
Bidding or Negotiation Phase, Five percent ( 5 %)
Construction Phase Twenty percent ( 20 %)
Total Basic Compensation one hundred percent ( 100 %)
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the
lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of
the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review
practices.
(If applicable, attach an exhibit of hourl�y billing rates or insert them below.)
WLC ARCHITECTS, INC.
HOURLY RATE SCHEDULE
Principals of Firm $210.00/hr
Associate Principal/Directoi- $185.00/hr
Rf-.ninr Prnit-.(,t Arohifi-t-f It 1 '70 00/1—
Technical Level 11 $85.00/hr
Technical Support $75.00/hr
Employee OF GatG" Rate
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
Init. AIA Document BJOJTM —2007 Prmerly B15ITM — 1997). Copyright V 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 17
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522_1 which expires on 11 /20/2009, and is
not for resale.
User Notes: (2322574036)
1 1 Tr-anspor-ta+ien and authorized out of town t+"el and subsistefie&,��
.2 Long distanee sefviees, dedioated data and eemmunieat4on ser-v4c;es, teleeefifefenees, Pr-qjeet Web
sites, and extfanets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized.in advance by the Owner;
7 Renderings, models, meek ups, professional phetagaphy, and pr-esentatieR-��models, mock-
ups, and professional photography equested by the Owner;
.8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect's consultants;
- 9 All �mws levied an pr-afessional serviees and an r-eimbur-sable e*pefises;
.10 Site offlee expenses; and
.11 Other similar Project -related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus ( 1.00% ) of the expenses incurred.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of
the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:
niv
§ 11.10 PAYMENTS TO THE ARCHITECT
§ 11.10.1 An initial payment of Zero Dollars and Zero Cents_($ 0.00 ) shall be made upon execution of this
Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the
final invoice.
§ 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Forty-five ( 4�5-)
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 monthly or annual interest agreed lt])071.)
4.00% per annum
§ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in
the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proc eeding.
§ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 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.
Init. AIA Document B10JTM —2007 �Iormerly B151TM — 1997). Copyright@ 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18
this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02105/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 13.2 This Agreement is comprised of the following documents listed below:
.1 AIA Document B 101Tm-2007, Standard Form Agreement Between Owner and Architect
.2 AIA Document E20ITm-2007, Digital Data Protocol Exhibit, if completed, or the following:
.3 Other documents:
(List other documents, if any, including Exhibit A, Initial Information, and additional scopes of
service, if a-,-_qny,_forming part of the Agreement.)
Architect's Proposal; dated July 28, 2008
Architect's Revised Fee Proposal Letter dated February 4. 2009,
This Agreement entered into as of the day and year first written above.
OWNER ARCHIT
��/ c C-JA-'tnA
(Sig tur ) (SVgnature)
Ma_r C. Whitworth, Fire Chief Kelley Needham, Vice President, License #Q 19064
(Printed name and title) (Printed name and title)
Init. AIA Document 13101Tm — 2007 �Iormerly B15ITM — 1997). Copyright 0 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11 /20/2009, and is
not for resale.
User Notes: (2322574036)
CITY OF VERNON
By:
Leonis C. Malburg
Name:
Title: Mayor 44ayeLn Prre-Trepa
Date:
ATTEST:
f4ANUELA GIR-011—, Ci(ty-Clerk
APPROVED AS TO FORM:
JEF/A. qARRISON, City Attorney
W L C
A r c h I t e c It s, I n c.
5111=1111 larry WOE, ALA P George A Mons, AIA @ Robert J. Hens*, ALA 0 James P DiCamillo, AA o Glenn Ueda, ALA
MW1% Max Medina, A14 9 Kelley Needham, AIA @ Kevin A. MocQuarrie, AtA
oppr I
July 28, 2008
Mr. Mark C. Whitworth
Fire Chief
City of Vernon
Fire Headquarters and Administrative Office
City Hall
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Fee Proposal for Architectural and Engineering Design Services
Fire Station No. 4
Vernon, CA
Dear Mr. Whitworth:
Attached please find our preliminary fee proposal for the above referenced project. We have tried to be as complete
as possible, however, with such a broad scope of work we anticipate that refinement will be necessary should we be
selected as your architect. For the purposes of establishing a preliminary fee, we have assumed a preliminary
construction budget of $7,500,000.00. Please note that Us was an assumption made in order to illustrate our fee
structure and not a determination of your actual construction budget.
Thank you again for the opportunity to submit on this exciting new project. If you should have any questions or -
require any additional information, please do not hesitate to contact me at any time.
Very truly yours,
KELLEY NEEDHAM
Architect, ALA
Principal
KN:wq
08-0167-1p
Attachment: Fee Proposal
Virginia Dare Tower * 10470 Foothill Boulevard Rancho Cucamonga, California 91730. 3754 * ph: 909 987 0909 fox; 909 980 9980
1110 Iron Point Road 0 Suite 200 Folsom, California 95630. 8315 ph: 916 355 9922 fox: 916 355 9950
1250 451h Street a Suite ISO a Emeryville, California 94608 - 2901 ph: 510 450 1999 fox: 510 450 2523
W,L C
Architects, I nc.
lWa-111 Larry Wolff, AIA 0 George A Wiem,44 * Robert I. Hensley, AM , James P. f)lCcm11ADA1A - Glenn tkdoAIA
mffpp� Max Medina, AIA # Kelley Needham, AM # Kevin A. MacQuaffle, AiA
11WIPP'l I
DATE: July 28,2008
e
PROJECT NUMBER: 08-0167
PROJECT: Proposal for Architectural and
Engineering Design Services
Fire Station No. 4
PURPOSE
X you um
your files
I your information
X I your review
REMARKS:
cc:
Sam
TO: Mr. Mark C. Whitworth
Fire Chief '
City of Vernon
Fire Headquarters and Adruinistrative Office
City Hall
4305 Santa Fe Avenue
Vernon, CA 9W58
herewith
mail
next dav
X I courier/ hand canv
BY: KELLEY NEEDHAM. Anhim AIA, Principal / wq/09.0167-v
Virginia Doro Tower * 10470 Foolhill Boulevard Rancho Cucamonga, California 91730 - 3754 a ph: 909 987 0909 fox: 909 980 9980
I I 10 Iron Point Road. a Suite 200 Folsom, California 95630 - 0315 ph: 916 355 9922 fox: 916.355 9950
12SO 451h Sireet 0 Suile 150 0 Emeryville, California 94600 - 2901 ph: 510 45D 1999 fox: 510 450 2525
Fee Proposal
A. Basic Architectural Fee
Our Jmic architectural fee will be a fixed lump sum based on 9% of the approved construction budget. The
basic architectural fee includes the following disciplines:
• Civil Engineering
• Architectural Engineering
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Lmdscapc Architecture
• Emergency Operations
The basic fee includes all on -site improvements, circulation areas, parking areas, and landscaping. IMe basic
architectural fee will be adjusted to correspond to any increases in project scope or construction cost utilizing a
9.0% rate. Assuming a preliminary construction budget of $7,500,000.00 a breakdown of our proposed fee
would be as follows:
Phase of Service
Fee
Schematic Design (150/9)
$ 101,250.00
Design Development Documents (100/0
67,500-00
Construction (50019)
337,50D.00
Bidding (5%)
33,750.00
Construction Support (201/9)
135,000.00
Subtotal Basic Architectural Fee
$ 675,000.00
Reimbursable Allowance
10,0W.00
0 722 -nnn nn
B. Additional Services
LEED Ce sioRmp
Geotechnical Investi
TopograpW I ey
Subtotal AACItional Services
T2M ARCHITECrURAL FTE
1'-el d 60'f 1— �10
dee-61,0W,
85,000.00
12,000.00
City of Vemon Fire Station No. 4 Page
08-0167-fp
C. Items Excluded
The following is a list of items which am excluded from our scope of services or are not anticipated to be
required. However, these services can be included, if requested, or once additional information is known.
I . Hazardous Material AssessmenL
2. Street Improvements or Traffic Signati2ation: Our fee includes normal drive approaches within existing
improvements and utility connections. Any requirements for signialization or extensive street improvement
work requiring separate documents or a separate plan check process would not be considered within our
scope of work.
3. Drainage Studies.
4. Storm Water Pollution Prevention Plan. We will prepare an erosion control exhibit for use by the contractor
in preparation of the SWPPP and assist the City of Vernon with the completion of the Notice of Intent.
5. Off -Site Utility Improvements or Extensions: Our fee assumes that utilities are available at the project site.
Any extensive utility improvement work requiring separate docutnents; or a separate plan check process
would not be considered within our scope of work.
6. Detention or Retention Basin Storage Calculations.
7. Construction Surveying
8. Plan Check/Permit Fees.
9. Physically Constructed Building Models.
10. Boundary Survey/Permanent Monuments.
11. Title Reports.
12. Parcel Map1ot Line Adjustment.
13. Foundation Systcm: Our fee assumes typical spread footings in average soil conditions. Any other type of
foundation system required as a result of poor soil conditions would not be considered within our scope of
work.
D. Reimbursables
Items required or requested by the City or Fire Department will be invoiced as reirnbursables without markup on
monthly intervals. Reimbursables generally include the following:
1. Paper copy.
2. Photography.
3. Blueprinting/Mylars.
4. Computer plotting.
5. Express or overnight mail/courier service.
City of Vernon Fire Station No. 4 Page 2
08-0167-fp
E. Hourly Rate Schedule
For additional services, the following hourly rates am proposed for the basis of negotiating scope modifications
whi h may be necessary for the project. Hourly rates include mark-up that will be applied to all fees.
N
Reimbursable costs for reprographic services, computer plotting, and photography will be negotiated at the time
additional services ar-e requested.
ARCH][TECT LANDSCAPE ARCHITECT
Principals of Firm
$210.00
Principal
$130.00
Associate Principal/Director
$185.00
Landscape Architect
$100.00
Associate/Coordinator
$195.00
Designer
$ 55.00
Senior Project Architect
$170.00
Senior Dmftsperson
S 75.00
Senior Project Manager
$170.00
Junior Draftsperson
$ 60.00
Project Architect
$145.00
Field Observation
$ 90.00
Project Manager
$145.00
Technical Support
$ 50.00
Technical Level 1
$ 95.00
Technical Level II
$ 85.00
Technical Support
$ 75.00
STRUCTURAL ENGINEER SUSTAINABLE DESIGN
Principal Engineer
$130.00
Architect
$135.00
Project Engineer
$100.00
Consultant
$100.00
Chief Draftsman
$ 85.00
Specialist
$ 75.00
Draftsman
$ 65.00
Energy Modeling
$150.0.0
Technical Support
$ 45.00
CIVIL ENGINEER
EMERGENCY OPERATIONS
Principal Civil Engineer
$110.00
Principal
$175.00
Principal Land Surveyor
$ 85 .'00
Project Manager
$140.00
Project Engineer
$ 85.00
Project Engineer
$130.00
Project Manager
$ 55.00
Design Engineer
$120.00
Engineering Design
$ 55.00
Draftsman
$110.00
Design Draftsman
$ 50.00
Technical Support
$60.00
Draftsman
$ 45.00
Technical Support
$ 20.00
MECHANICAUELECTRICAL ENGINEER
Principal
$110.00
Project Manager
$105.00
Project Engineer
$100.00
Design Engineer
$ 82.00
Designer/CADD Technician
$ 68.00
Jr. Designer/CADD Technician
$42.00
CADD Technical/Drafter
$ 36.00
Technical Support
$ 35.00
City of Vernon Fire Station No. 4 Page 3
08-0167-fp
NVLCLarry Wotff AL4 George M. Wiens, AIA Robert J. Hensley, AL4 - James R DiCamillo, AIA
Glenn Ueda, AL4 Max Medina, AIA * Kelley Needham, AL4 * Kevin A. MacQuarrie, AIA
rchitects, Inc.
February 4, 2009
Mr. Mark C. Whitworth
Fire Chief
City of Vernon
Fire Headquarters and Administrative Office
City Hall
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Fee Proposal for Architectural and Engineering Design Services - Revised
Vernon Fire Station No. 4
Project 0821200.06
Dear Chief Whitworth:
RECEIVED
FEB - 5 2009
Fire Department
Attached please find our revised fee proposal as reviewed with Paul Broschera. If you should have any questions or
require any additional information, please do not hesitate to contact me at anytime.
Very truly yours,
KELLEY NEEDHAM
Architect, AIA
Principal
KN:br/PO082l2OOx2-Itr
Attachment: Fee Proposal
cc: Paul Broschera, Controller, Alert Mechanical Contractors
Nanette Piccini, Director, Accounting, Associate, WLC Architects, Inc.
1 i, A Af
8163 Rochester,4venue Suite 100 Rancho Cucamonga, California 91730-0729 ph: 909 987 0909 fax: 909 980 9980
www.wlcarchitects.com
Fee Proposal - Revised
A. Basic Architectural Fee
Our basic architectural fee will be a fixed lump sum based on 8% of the approved construction budget. The
basic architectural fee includes the following disciplines:
Civil Engineering
Architectural Engineering
Structural Engineering
Mechanical Engineering
Electrical Engineering
Landscape Architecture
Emergency Operations
The basic fee includes all on -site improvements, circulation areas, parking areas, and landscaping. The basic
architectural fee will be adjusted to correspond to any increases in project scope or construction cost utilizing a
8.0% rate. Assuming a preliminary construction budget of $7,500,000.00 a breakdown of our proposed fee
would be as follows:
Phase of Service
Fee
Schematic Design (15%)
$ 90,000.00
Design Development (10%)
60,000.00
Construction Documents (50%)
300,000.00
Bidding (5%)
30,000.00
Construction Administration (20%)
120,000.00
Subtotal Basic Architectural Fee $ 600,000.00
Reimbursable Allowance 10,000.00
TOTAL BASIC ARCHITECTURAL FEE $ 610,000.00
B. Additional Services
Additional Services Fee
Geotechnical Investigation $ 10,000.00
Topographical Survey 10,000.00
Standard Urban Stormwater Mitigation Plan 7,000.00
Subtotal Additional Services $ '27,000.00
TOTAL ARCHITECTURAL FEE $ 637,000.00
City of Vernon Fire Station No. 4 Page I
C. Items Excluded
The following is a list of items which are excluded from our scope of services or are not anticipated to be
required. However, these services can be included, if requested, or once additional information is known.
I . Hazardous Material Assessment.
2. Street Improvements or Traffic Signalization: Our fee includes normal drive approaches within existing
improvements and utility connections. Any requirements for signalization of extensive street improvement
work requiring separate documents or a separate plan check process would not be considered within our
scope of work.
3. Drainage Studies.
4. Storm Water Pollution Prevention Plan. We will prepare an erosion control exhibit for use by the contractor
in preparation of the SWPPP and assist the City of Vernon with the completion of the Notice of Intent.
5. Off -Site Utility Improvements or Extensions: Our fee assumes that utilities are available at the project site.
Any extensive utility improvement work requiring separate documents or a separate plan check process
would not be considered within our scope of work.
6. Retention or detention storm water runoff facilities.
7. Plans required to provide adequate utility or storm drain infrastructure to a point adjacent to the project site.
8. Street dedication, vacation, or easement legal descriptions.
9. Separate off -site or on -site water, fire line or storm drain improvement plan and profile drawings.
10. Separate off -site street signing and striping plan.
11. Separate off -site street lighting improvement plans.
12. Revisions to existing street improvement plans.
13. LEED certification.
14. Commissioning.
15. Construction Surveying
16. Plan Check/Permit Fees.
17. Physically Constructed Building Models.
18. Boundary Survey/Permanent Monuments.
19. Title Reports.
20. Parcel Map/Lot Line Adjustment/Lot merger.
21. Foundation System: Our fee assumes typical spread footings in average soil conditions. Any other type of
foundation system required as a result of poor soil conditions would not be considered within our scope of
work.
D. Reimbursables
Items required or requested by the City or Fire Department will be invoiced as reimbursables without markup on
monthly intervals. Reimbursables generally include the following:
1. Paper copy.
2. Photography.
3. Blueprinting/Mylars.
4. Computer plotting.
5. Express or overnight mail/courier service.
City of Vernon Fire Station No. 4 Page 2
E. Hourly Rate Schedule
For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications
which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees.
Reimbursable costs for reprographic services, computer plotting, and photography will be negotiated at the time
additional services are requested.
ARCHITECT
Principals of Firm
Associate Principal/Director
Associate/Coordinator
Senior Project Architect
Senior Project Manager
Project Architect
Project Manager
Technical Level I
Technical Level 11
Technical Support
STRUCTURAL ENGINEER
Principal Engineer
Project Engineer
Chief Draftsman
Draftsman
Technical Support
CIVIL ENGINEE R
Principal Civil Engineer
Principal Land Surveyor
Project Engineer
Project Manager
Engineering Design
Design Draftsman
Draftsman
Technical Support
$210.00
$185.00
$185.00
$170.00
$170.00
$145.00
$145.00
$ 95.00
$ 85.00
$ 75.00
$130.00
$100.00
$ 85.00
$ 65.00
$ 45.00
$110.00
$ 85.00
$ 85.00
$ 55.00
$ 55.00
$ 50.00
$ 45.00
$ 20.00
MECHANICAL/ELECTRICAL ENGINEER
Principal
$110.00
Project Manager
$105.00
Project Engineer
$100.00
Design Engineer
$ 82.00
Designer/CADD Technician
$ 68.00
Jr. Designer/CADD Technician
$ 42.00
CADD Technical/Drafter
$ 36.00
Technical Support
$ 35.00
LANDSCAPEARCHITECT
Principal
Landscape Architect
Designer
Senior Draftsperson
Junior Draftsperson
Field Observation
Technical Support
SUSTAINABLE DESIGN
Architect
Consultant
Specialist
Energy Modeling
EMERGENCY OPERATIONS
Principal
Project Manager
Project Engineer
Design Engineer
Draftsman
Technical Support
$130.00
$100.00
$ 55.00
$ 75.00
$ 60.00
$ 90.00
$ 50.00
$135.00
$100.00
$ 75.00
$150.00
$175.00
$140.00
$130.00
$120.00
$110.00
$60.00
City of Vernon Fire Station No. 4 Page 3
RISK MANAGEMENT
INTER -DEPARTMENT MEMORANDUM
DATE: February 24, 2009
TO: Nelly Giron
City Clerk
FROM: Willard G. Yamaguchi
Risk Manager
RE: WLC Architects, Inc.
Please be advised that the above referenced has provided
acceptable insurance coverage.
Attached for your retention are insurance certificates and
related policies, declarations and/or endorsements for the
above -referenced insured that were issued by:
• Travelers Property Casualty Cc of America (General
Liability)
• Travelers Indemnity Co of Connecticut (Automobile Liability
and Excess Liability)
• American Automobile Insurance Cc (Workers' Compensation)
• New Hampshire Insurance Cc (Professional Liability)
This concerns insurance coverage for Resolution No. 9868 for
Vernon Fire Station No. 4.
WY/ab
c: Debbie Juarez
Judy Lehr
Page I of I
Juarez, Debbie
From: Barcia, Ana
Sent: Monday, February 23, 2009 1:15 PM
To: Juarez, Debbie
Subject: RE: Insurance for WLC Architects, Inc. for Vernon Fire Station No. 4 - Approved through Res. No.
9868
Hi Debbie,
I've been in contact with a representative, I am supposed to be receiving something today via email, I will advise
as soon as Willard approves.
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia&i.vernon.cams,
From: Juarez, Debbie
Sent: Monday, February 23, 2009 1:14 PM
To: Barcia, Ana
Subject: Insurance for WLC Architects, Inc. for Vernon Fire Station No. 4 - Approved through Res. No. 9868
Hi Ana. Do you have insurance for the above -referenced? Thank you
De6orah Juarez
W§cords 914anagementqssistant
City of Vernon - City Clerk!s office
4305 Santa TeAvenue
Vernon, (�A 9005 ' 8
(323)583-881.1
2/23/2009
/4k -?//7/--�
APPROVED FEB 2 3 '09 CITY COUNCAL
CITYADMIN. DISTPIRUTION
Memo
To: Eric Fresch, City Administrator
r Z
From: Mark C. Whitworth, Fire Chief
RECEIVED
Date: February 9,2009
Re: Architectural Agreement between City of Vernon and WLJVILL"'
Vernon Fire Station #4 CITY CLERKS OFFICE
Early 2006 the Fire Department interviewed approximately twelve architectural firms as part of a search for an
architect for the construction of Fire Station No. 4. Upon the completion of the interviews, three finalists were
selected to participate in the request for proposal (RFP). MLBH, RRM Design Group, and WLC Architects Inc. Each
architectural fmn was to submit six copies of their (RFP) to the Fire Chief s Offi,ce by July 28, 2008. In August 2008
all three firms submitted their (RFP's). A second interview was conducted by the Fire Chief and Staff and a decision
was made in September 2008 to recommend VvLC Architects hic. as the architectural firm to represent the City of
Vernon for the construction of a new Fire Station No. 4. The following bids were received and are listed as follows:
RRM Design Group $722,000
MBH $774,000
WLC Architects hic. $717,000
When the project was placed on hold, several months passed and WLC submitted a lower bid of $637,000
Enclosed:
AIA Agreement for Architectural Services between the City of Vern' I on and WLC Architects Inc., which has
been reviewed by the City Administrator and City Attorney.
Cc: Jeff Harrison, City Attorney
0 Page 1
0.,AIA Document B101'm-2007
Standard Form of Agreement Between Owner and Architect
AGREEMENT made as of the Nineth day of February in the year Two Thousand Nine
(In words, indicate day, month and yea-r-. 4yeajr
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
City of Vernon Fire Departmew
4305 Santa Fe Avenue
Vernon, CA 9005�
and the Architec-:
(Name. address and other iqformation i
WLC Architects, Inc., Professional Corporation
8163 Rochester Avenue, Suite 100
Rancho Cucamoniza, CA 91730
for the following Project:
(Name, location and detailed description)
City of Vernon
Fire Station No. Z
Architect's Proiect No. 0821200
The Owner and Architect agree as 4bliews follows:
The project is located on the southeast comer of Atlantic Boulevard and District
Boulevard in the City of Vernon. The site is Uproximately 1.8 acres. The fire station will
be a 3-bay facility of approximately 15,000 s.f. The training tower size and type of
construction have not yet been determined. A prelinidnary construction bud)Zet o
$7,500,000 has been established.
This document has important
legalconsequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AIA Document B10ITM —2007 �formerly B1517m — 1997). Copyright@ 1974, 1978, 19B7,1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11 /20/2009, and is
not for resale.
User Notes, (2322574036)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 ,SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
EXHIBIT A INITIAL INFORMATION
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Article I and in optional Exhibit A, Initial
Information:
(Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below
Initial Information such as details qf the Project's site and program, Owner's contractors and consultants,
Architect's consultants, Owner's budgetfor the Cost of the Work, authorized representatives, anticipated
procurement method, and other information relevant to the Project.)
§ 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
.1 Commencement of construction date:
August 01, 2009
.2 Substantial Completion date:
July 30, 2010
§ 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
Init. AIA Document B10ITM —2007 itormerly 815ITM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The A me rican Institute of Architects. All rights
re erved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
s(
this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 2
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11 /20/2009, and is
not for resale.
User Notes: (2322574036)
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
§ 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall
reimburse the Architect for any additional cost:
(Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if
anv.)
.1 General Liabilit\
Travelers Indemnity Company of Connecticut $1,000,000 Each Occurrance, $2,000,000 General
Ajmrevate
.2 Automobile Liabilit\
Travelers Hired and Non -Owned Auto Liability Policy $1,000,000
Traveler's Commercial Umbrella Excess Policy $5,000,000
.3 Workers' Compensation
Fireman's Fund $ 1,000,000
.4 Professional Liability
New Hampshire Insurance Company $5,000,000 Each Occurrance, $10,000,000 Annual Aggregate
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, �1�and electrical engineering services as well as landscape architectural and emergen
operations services. Services not set forth in diis-Article 3 are Additional Services.
§ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design
criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.
The schedule shall include allowances for periods of time required for the Owner's review, for the performance of
the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once
approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded
by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the
Project proceeds until the commencement of construction.
Init. AIA Document B1017m — 2007 Vormerly B151Tm— 1997). Copyright@ 1974, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3
this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the low. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
§ 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project, the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 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.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
codes, and regulations applicable to the Architect's services,
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program. schedule, budget for the Cost
of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in
terms of th ' e other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Prc�ject.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project, including the feasibility of incorporating
environmentally responsible design approaches. The Architect shall reach an understanding with the Owner
regarding the requirements of the PrQject.
§ 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for
the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and
building orientation, together with other considerations based on program and aesthetics, in developing a design that
is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other
environmentally responsible design services under Article 4.
§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics in developing a design for the Project that is consistent
with the Owner's program, schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with
Section 6.3.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
Init. AIA Document 8101 "m - 2007 Vormerly B1151TM - 1997). CopyrightO 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and
electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also
include outline specifications that identify major materials and systems and establish in general their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
§ 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, and request the Owner's approval.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor
will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals,
which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) bidding and procurement information that describes the time, place and
conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and
Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).
The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
§ 3.4.4 The Architect shall update the estimate for the Cost of the Work.
§ 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments
to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's
approval.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.1 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive
bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid
or proposal, if any; and, (4) awarding and preparing contracts for construction.
§ 3.5.2 COMPETITIVE BIDDING
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by
.1 procuring the reproduction of Bidding Documents for distribution to prospective bidders;
.2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion
of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of
deposits, if any, received from and returned to prospective bidders;
.3 organizing and conducting a pre -bid conference for prospective bidders;
.4 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and
.5 organizing and conducting the opening of the bids, and subsequently documenting and distributing
the bidding results, as directed by the Owner.
AIA Document BJ0JTM_2007�f.1..1Iy B151TM— 1997). Copyright@ 1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of 5
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents perrrdt substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
§ 3.5.3 NEGOTIATED PROPOSALS
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by
.1 procuring the reproduction, of Proposal Documents for distribution to prospective contractors, and
requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors; and
.3 participating in negotiations with prospective contractors, and subsequently preparing a summary
report of the negotiation results, as directed by the Owner.
§ 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
§ 3.6 CONSTRUCTION PHASE SERVICES
§ 3.6.1 GENERAL
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A201 TM-2007, General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect amend this Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect 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 or of any other
persons or entities performing portions of the Work.
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
for Payment.
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed 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. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and
from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in
the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the 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.
Init. AIA Document B1017m —2007 Vormerly BJ5JTM — 1997). Copyright@ 1974, 1978, 1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance 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,
§ 3.6.2.4 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 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 rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the
Owner and Contractor as provided in the Contract Documents.
§ 3.6 3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated and that 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, (2) 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.
§ 3.6.3.2 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.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal
schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient
time in the Architect's professional judgment to permit adequate review,
§ 3.6.4.2 In accordance with the Architect -approved submittal schedule, 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. Review of such submittals is not for the purpose of determining the accuracy
and completeness of other information such as dimensions, quantities, and installation or performance of equipment
or systems, which are the Contractor's responsibility. 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.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional,related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be
Init. AIA Document 131101 Im — 2007 Vormerly B1 51 TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribut! n of 7
10
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on,l 1/20/2009, and is
not for resale.
User Notes: (2322574036)
entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals.
§ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information
about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests
for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The
Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with
reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.5 CHANGES IN THE WORK
§ 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to
the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records'relative to changes in the Work.
§ 3.6.6 PROJECT COMPLETION
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion; issue Certificates of Substantial Completion; 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 issue a final Certificate for Payment based upon a final inspection
indicating the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the
requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
§ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the
Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward ' to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2)
affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third
column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit,
identify the exhibit.)
Init. AIA Document B 101 TM — 2007 Vormerly B I 51TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law, This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2M574036)
Additional Services
Responsibility
(Architect, Owner
or
Not Provided)
Location of Service Description
(Section 4.2 below or in an exhibit
attached to this document and
identified below)
§ 4.1.1 Programming
Architect
§ 4.1.2 Multiple preliminary designs
Architect
§ 4.1.3 Measured drawings
Architect
§ 4.1.4 Existing facilities surveys
Architect
§ 4.1.5 Site Evaluation and Planning (B2431m--'4)074
Architect
§ 4.1.6 Building information modeling
Architect
§ 4.1.7 Civil engineering
Architect
§ 4.1.8 Landscape design
Architect
§ 4.1.9 Architectural Interior Design (IB25-21M 20074
Architect
§ 4.1.10 Value Analysis 03-��
Architect
§ 4.1.11 Detailed cost estimating
Architect
§ 4.1.12 On -site project representation
Architect
§ 4.1.13 Conformed construction documents
NgLaiLovided
§ 4.1.14 As Designed ReGefd-As-designed record
drawings
Architect
§ 4.1.15 As Ganswueted Reeord As -constructed record
drawings
Architect
§ 4.1.16 Post occupancy evaluation
Architect
§ 4.1.17 Facility Support Services (B21 0-M 2()()7)
Not -provided
§ 4.1.18 Tenant -related services
-Ng �ov i d eqd
§ 4.1.19 Coordination of Owner's consultants
Not provided
§ 4.1.20 Telecommunications/data design
Architec�
§ 4.1.21 Security Evaluation and Planning (B206 TM-
2007)
Not included
§ 4.1.22 ommissioning (B21ITm-2007)
Not included
§ 4.1.23 Extensive environmentally responsible design
Architect
§ 4.1.24 LEED' Certification (B214TM-2007)
N2Lp ovided
K_ _
§ 4.1.25 Fast -track design services
Not vrovided.
§ 4.1.26 Historic Preservation (B205Tm-2007)
N�j �ov i d eqd
§ 4.1.27 Furniture, Fumishing-R,- and
Equipment Design (B45-3nL40074
Architect
§ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not
further described in an exhibit attached to this document.
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4, 2009, both of which are hereby
made a part of this agreement. The cost of such additional services shall be mutually negotiated and approved in
advance in writing by the Owner to the Architect prior to commencing the work.
§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with
this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in
the Architect's schedule.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circumstances giving rise to the need, The Architect shall not
proceed to provide the following services until the Architect receives the OwDer's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
Init. AIA Document B1 01 Im — 2007 �Iormerly B151TM- 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED@
certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure
of performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or healing:
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto:
.9 Evaluation of the qualifications of bidders or persons providing proposals.
10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
01'
I I Assistance to the Initial Decision Maker, if other than the Architect.
§ 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the
Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt
written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those
services:
1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect,
.2 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's
proposals and supporting data, or the preparation or revision Of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker;
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom; or
.6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60
days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of
Substantial Completion identified in Initial Information, whichever is earlier.
§ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 Four ( 4 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the
Contractor
.2 Twenty-eight ( 28 ) visits to the site by the Architect over the duration of the Project during
construction
.3 One ( 1 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 One ( I ) inspections for any portion of the Work to determine final completion
§ 4.3.4 If the services covered by this Agreement have not been completed within Twenty-three ( 2L) months of
the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time
shall be compensated as Additional Services.
Init. AIA Document B 101 TM — 2007 Vormerly 131151TM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of 10
this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 000378522 1 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide 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. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6. 1; (2) the Owner's other costs; and, (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding
change in the Project's scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 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; designated wetlands;
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.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated
in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests
such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants maintain professional liability insurance as appropriate to the services provided.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services.
§ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
Init. AIA Document BI 01 "m — 2007 Vormerly B151TM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved, WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the low. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land,
rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the
Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project as required under Sections 5.2. 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of
the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared
by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither
the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of
determining bid prices; or 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 budget for the Cost
of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work. 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 program and
scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the
Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner
requests detailed cost estimating services. the Architect shall provide such services as an Additional Service under
Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or
budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or
.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6. 1. The
Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this
Article 6.
ARTICLE7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
InIt. AIA Document B1 017m — 2007 Vormerly B15ITM— 1997). Copyright@ 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12
this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56ion 02/05/2009 under Order No.1000378522l which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved fights, including copyrights. 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.
§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a Donexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its 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. The license granted under this section pennits the Owner to
authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the
Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely
and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates
this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
the Instruments of Service under this Section 7.3. 1. The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, 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. 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.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
waive all claims and causes of action not commenced in accordance with this Section 8. 1. 1.
§ 8.1.2 To the extent damages are covered by property insurance, 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 AIA Document A201-2007, General
Conditions of the Contract for Construction. 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.
§ 8.1.3 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 termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 MEDIATION
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. 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 binding dispute resolution.
[nit. AIA Document B10ITM — 2007 Vormerly B15ITM— 1997). Copyright V 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13
this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AA software at 12:29:56 on 02/0512009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 8.2.2 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 administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and
filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be 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.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding disPute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction. I
Arbitration pursuant to Section 8.3 of this Agreement
Litigation in a court of competent jurisdiction
X I Other (Specifi�)
As mutually apreed by both parties.
§ 8.3 ARBITRATION
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.
§ 8.3.2 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.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 8.3.4 CONSOLIDATION OR JOINDER
§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
Init. AIA Document B101Tm — 2007 Vormerly B15ITM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14
this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. 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.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before suspending services. 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.
§ 9.2 If the Owner suspends the Project, 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.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement 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.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.
§ 9.7 Ter"nation Expenses are in addition to compensation for the Architect's services 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 Dot performed by the Architect.
§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the
parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
Init. AIA Document B101TIl — 2007 Vormerly B15JTM — 1997). Copyright Q 1974, 1978, 1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 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. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 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.
§-10.6 Unless otherwise required in this Agreement, the Architect 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.
§ 10.7 The Architect shall have the fight 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.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those who need to know the content of such information in order
to perform services or construction solely and exclusively for the Project, or (3) its consultants..and contractors
whose contracts include similar restrictions on the use of confidential information.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
(Insert amount of or basisfor, compensation.)
Compensation for services as described herein shall be a fee based upon Eight percent (8%) of all on -site
improvements, circulation areas, parking areas and landscaping as specified in Architect Fee Proposal Letter dated
February 4, 2009, which is attached and hereby made a part of the agreement.
Topographic Survey, Standard Urban Stormwater, and Geotechnical Investigation are considered additional services
and will be billed based on the fees set forth in Architect's Fee Proposal Letter dated February 4, 2009.
§ 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows:
(Insert amount of, or basisfor, compensation. If necessary, list specific services to which particular methods of
compensation apply.)
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4, 2009, both of which are hereby
made a part of this agreement. The cost of such additional services shall be mutually negotiated and Uproved in
advance in writing by the Owner to the Architect prior to commencinjZ the work.
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of,' or basisfor, compensation.)
Init. AIA Document B1017m — 2007 Vormerly B15ITM — 1997). Copyright (5 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16
this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
Additional Services refer to any work not specifically addressed in Architect's Proposal dated July 28, 2008, and
services marked as additional services in Architect's Fee Proposal dated February 4, 2009, both of which are hereby
made a part of this agreement. The cost of such additional services shall be mutually negotiated and approved in
advance in writing by the Owner to the Architect prior to commencing the work.
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11.3, shall be the amount invoiced to the Architect plus ( 1.00% ), or as otherwise stated below:
§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:
Schematic Design Phase
Fifteen
percent
15
%)
Design Development Phase
Ten
percent
10
%)
Construction Documents
Lifty
percent
50
%)
Phase
Bidding or Negotiation Phase
Five
percent
5
%)
Construction Phase
Twenty
percent
20
%)
Total Basic Compensation one hundred percent 1 100 %)
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the
lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of
the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review
practices.
(If applicable, attach an exhibit of hottr�y billing rates or insert them below.)
WLC ARCHITECTS, INC.
HOURLY RATE SCHEDULE
Principals of Firm
$210.00/hr
Associate Principal/Director
$185.00/hr
Associate/Coordinator
$185.00/tir
Senior Project Architect
$170.00/hr
Senior Project Manager
$170.00/hr
Project Architect
$145.00/hr
Project Manager
$145.00/hr
Technical Level I
$95.00/hr
Technical Level H
$85.00/hr
Technical Support
$75.00/hr
r-q" .. .!: A on[ M.-
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
Init. AIA Document B1 01 TM — 2007 Vormerly BISJTM- 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17
this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003765221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
.1 Tfanspeftation and authoiized out of town tr-avel and subsislieRc-e—,j
.2 Long distaRee sem,iees, dedieated data and eommunieation servioes, teleeenf�renees, Projeet Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Render-ings, models, meek ups, pFafessional photography, and presentation maW4al-R-.modelsmock-
ups, and professional photogrWhy equested by the Owner;
.8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect's consultants;
.9 All taxes levied en professional ser-N,iees and an r-eimhur-sable expenses;
.10 Site offiee expensesi and
.11 Other similar Project -related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus ( 1.00% ) of the expenses incurred.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of
the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:
I n/a
§ 11.10 PAYMENTS TO THE ARCHITECT
§ 11.10.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this
Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the
final invoice.
§ 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Forty-five ( 45 )
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 monthlY or annual interest agreed upon.)
1 4.00% per annurn
§ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in
the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceeding.
§ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 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.
Init. AIA Document B1 01 TM — 2007 Uormerly 131151 TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18
this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No. 10003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
§ 13.2 This Agreement is comprised of the following documents listed below:
.1 AIA Document B 10 1 Tm-2007, Standard Form Agreement Between Owner and Architect
.2 AIA Document E20ITm-2007, Digital Data Protocol Exhibit, if completed, or the following:
.3 Other documents:
(List other documents, if any, including Exhibit A, Initial Information, and additional scopes of
service, if t+,--anyforming part of the Agreement.)
Architect's Proposal; dated July 28. 2M.'
Architect's Revised Fee Proposal Letter dated February 4, 2009.
This A eemenL entered into as of the day and year first written above.
A RCHIT
2* —
(fignatur-o
Kelley Needham, Vice President, License 4tQ 19064
(Printed name and title)
OWNER
R'j C L'—)�- --
(�ioatit�e)
Mafk C. Whitworth, Fire -Chief
(Printed name and title) '
AIA Document B10ITM - 2007 Lfw.efly B115117m — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19
this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:29:56 on 02/05/2009 under Order No.1 0003785221 which expires on 11/20/2009, and is
not for resale.
User Notes: (2322574036)
CITY OF VERNON
Name:
Title: Mayor / Mayor Pro-Tem
Date:
ATTEST:
MANUELA GIRON, City Clerk
APPROVED AS TO FORM:
FF A. HARRISON, City Attorney
W---LC Larry Wool AIA - George M Wiens, AIA , Robert J. Hensley, AIA - James R DiCamillo, AIA
Glenn Ueda, AIA - Max Medina, AIA - Kelley Needham, AL4 - Kevin A. MacQuarrie, AIA
Architects, Inc.
February'4, 2009 RECEIVED
FEB - 5 2009
Fire Department
Mr. Mark C. Whitworth
Fire Chief
City of Vernon
Fire Headquarters and Administrative Office
City Hall
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Fee Proposal for Architectural and Engineering Design Services - Revised
Vernon Fire Station No. 4
Project 0821200.06
Dear Chief Whitworth:
Attached please find our revised flee proposal as reviewed with Paul Broschera. If you should have any questions or
require any additional information, please do not hesitate to contact me at anytime.
Very truly yours,
KELLEY NEEDHAM
Architect, AIA
Principal
KN:br/P00821200x2-1tr
Attachment: Fee Proposal
cc: Paul Broschera, Controller, Alert Mechanical Contractors
Nanette Piccini, Director, Accounting, Associate, WLC Architects, Inc.
8163 Rochester Avenue Suite 100 Rancho Cucamonga, California 91730-0729 ph: 909 987 0909 fax: 909 980 9980
www.wlcarchitects.com
Fee Proposal - Revised
A. Basic Architectural Fee
Our basic architectural fee will be a fixed Jump sum based on 8% of the approved construction budget. The
basid architectural fee includes the following disciplines:
• Civil Engineering
• Architectural Engineering
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
Emergency Operations
The basic fee includes all on -site improvements, circulation areas, parking areas, and landscaping. The basic
architectural fee will be adjusted to correspond to any increases in project scope or construction cost utilizing a
8.0% rate. Assuming a preliminary construction budget of $7,500,000.00 a breakdown of our proposed fee
would be as follows:
Phase of Service Fee
Schematic Design (15%) 90,000.00
Design Development (10%)
Construction Documents (50%)
Bidding (5%)
LI off of
�11
Zof off of
�
Construction Administration (20%) 120,000.00
Subtotal Basic Architectural Fee $ 600,000.00
Reimbursable Allowance 10,000.00
TOTAL BASIC ARCHITECTURAL FEE $ 610,000.00
B. Additional Services
Additional Services Fee
Geotechnical Investigation $ 10,000.00
Topographical Survey 10,000.00
Standard Urban Stormwater Mitigation Plan 7,000.00
Subtotal Additional Services $ 27,000.-00
TOTAL ARCHITECTURAL FEE 637,000.00
City of Vernon Fire Station No. 4 Page I
C. Items Excluded
The following is a list of items which are excluded from our scope of services or are not anticipated to be
required. However, these services can be included, if requested, or once additional information is known.
I . Hazardous Material Assessment.
2. Street Improvements or Traffic Signalization: Our fee includes normal drive approaches within existing
improvements and utility connections. Any requirements for signalization or extensive street improvement
work requiring separate documents or a separate plan check process would not be considered within our
scope of work.
3. Drainage Studies.
4. Storm Water Pollution Prevention Plan. We will prepare an erosion control exhibit for use by the contractor
in preparation of the SWPPP and assist the City of Vernon with the completion of the Notice of Intent.
5.' Off -Site Utility Improvements or Extensions: Our fee assumes that utilities are available at the project site.
Any extensive utility improvement work requiring separate documents or a separate plan check process
would not be considered within our scope of work.
6. Retention or detention storm water runoff facilities.
7. Plans required to provide adequate utility,or storm drain infrastructure to a point adjacent to the project site.
8. Street dedication, vacation, or easement legal descriptions.
9. Separate off -site or on -site water, fire line or storm drain improvement plan and profile drawings.
10. Separate off -site street signing and striping plan.
11. Separate off -site street lighting improvement plans.
12. Revisions to existing street improvement plans.
13. LEED certification.
14. Commissioning.
15. Construction Surveying
16. Plan Check/Permit Fees.
17. Physically Constructed Building Models.
18. Boundary Survey/Permanent Monuments.
19. Title Reports.
20. Parcel Map/Lot Line Adjustment/Lot merger.
21. Foundation System: Our fee assumes typical spread footings in average soil conditions. Any other type of
foundation system required as a result of poor soil conditions would not be considered within our scope of
work.
D. Reirnbursables
Items required or requested by the City or Fire Department will be invoiced as reimbursables without markup on
monthly intervals. Reimbursables generally include the following:
1. Paper copy.
2. Photography.
3. Blueprinting/Mylars.
4. Computer plotting.
5. Express or overnight mail/courier service.
City of Vernon Fire Station No. 4 Page 2
E. Hourly Rate Schedule
For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications
Which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees.
Reirhbursable costs for reprographic services, computer plotting, and photography will be negotiated at the time
additional services are requested.
ARCHITECT
. LANDSCAPE ARCHITECT
Principals of Firm
$210.00
Principal
$130.00
Associate Principal/Director
$185.00
Landscape Architect
$100.00
Associate/Coordinator
$185.00
Designer
$ 55.00
Senior Project Architect
$170.00
Senior Draftsperson
$ 75.00
Senior Project Manager
$170.00
Junior Draftsperson
$ 60.00
Project Architect
$145.00
Field Observation
$ 90.00
Project Manager
$145.00
Technical Support
$ 50.00
Technical Level I
$ 95.00
Technical Level II
$ 85.00
SUSTAINABLE DESIGN
Technical Support
$ 75.00
Architect
$135.00
STRUCTURAL ENGINEER
Consultant
$100.00
Specialist
$ 75.00
Principal Engineer
$130.00
Energy Modeling
$150.00
Project Engineer
$100.00
Chief Draftsman
$ 85.00
EMERGENCY OPERATIONS
Draftsman
$ 65.00
Technical Support
$ 45.00
Principal
$175.00
Project Manager
$140.00
CIVIL ENGINEER
Project Engineer
$130.00
Design Engineer
$120.00
Principal Civil Engineer
$110.00
Draftsman
$110.00
Principal Land Surveyor
$ 85.00
Technical Support
$60.00
Project Engineer
$ 85.00
Project Manager
$ 55.00
Engineering Design
$ 55.00
Design Draftsman
$ 50.00
Draftsman
$ 45.00
Technical Support
$ 20.00
MECHANICAL/ELECTRICAL ENGINEER
Principal
$110.00
Project Manager
$105.00
Project Engineer
$100.00
Design Engineer
$ 82.00
Designer/CADD Technician
$ 68.00
Jr. Designer/CADD Technician
$ 42.00
CADD Technical/Drafter
$ 36.00
Technical Support
$ 35.00
City of Vernon Fire Station No. 4 Page 3
J
S�� 06 "Ck'861
APPROVED f-"EB 27 '09
Memo
To:
From:
CITY CLERK DISTRIBUTION
Jeff Harrison, City Attorney
Mark C. Whitworth, Fire Chief(�
Date: November 18,2008
Re: Architectural Agreement between City of Vernon and WILC Architects —
Vernon Fire Station #4
Enclosed is the bid and the AIA Agreement for Vernon Fire Station #4. Please review and make
changes as necessary.
Thank you.
Cc: Eric Fresch — W/O attachments //
0 Page 1
je,j "haA
FIRE DEPARTMENT
Mark C. Whitworth, Fire Chief
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1407
September 4, 2008
Mr. Kelley Needham, AIA
WLC Architects
10470 Foothill Boulevard
Rancho Cucamonga, CA 91730-3754
RE: Proposal for Architectural and Engineering Design Services
Fire Station No. 4, Vernon, CA
Subject: Letter of Intent
Dear Mr. Needham:
We are happy to inforrn you that you and your company have been chosen for the design of Fire Station No.
4 for the City of Vernon.
This is our letter of intent to enter into an architectural and engineering design services agreement with your
company based on your Proposal dated 7/28/08. We request that you submit to us a proposed AIA or other
form of Contract Agreement for City review and approval as soon as possible.
As soon as a form of contract can be agreed upon and signed by both parties, your design work can be
commenced.
Again, congratulations on being chosen and we look forward to working together with you on this project.
Very truly yours,
Ma k C. Whitworth
Fire Chief
cop,
-'. d 0 115 MIJ 0 0 ap
Cc: Eric Fresch, City Administrator/
Jeff Harrison, City Attorney
E#Iusivefy Industiiaf