Loading...
HomeMy WebLinkAboutCC Resolution 8074 (Fire Station No. 6)RESOLUTION NO. 8074 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREE- MENT WITH FORSHER & GUTHRIE FOR PRELIMINARY PLANS FOR FIRE STATION NO. 6 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: THE MAYOR AND CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Forsher + Guthrie for preliminary plans for Fire Station No. 6, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 6th day of November, 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAIJT - EONCINI, pity Clerk 0P,f�cN, 8,,x/ T H E A M E R I C N I N S T I T U T E O F A R C H I T E C T AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION R"7TH ANA TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the 6th day of November in the year of Nineteen Hundred and Eighty Nine (19 8 9 ) BETWEEN the Owner: City of San Rafael (Name and address) 1400 Fifth Avenue San Rafael, California 94901 and the Architect: F o r s h e r + Guthrie (Name and address) Ten H Street San Rafael, California 94901 For the following Project: (hulude detailed description ofProject, location, address and scope.) Design Phase and drawingsas stipulated in Article 12 for the development of a 4,000 square foot firestation to be located at 650 Del Ganado, San Rafael. The Owner and Architect agree as set forth below. Copyright 1974, 1978, ©1987 by The American institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Rrp—duction of the material herein or substantial quotation of its prot•isions without written permission of the A!.A \'iol2te% the copyright laws of the United Sates and,w•ill be subject to legal prosecution. AIA DOCUMENT 8151 • ARRRF\•IATErt nV:'1ER-APCHITE(•T AC REE.\.r.%7 • TlilP•r) Er).'TI'IN -A] A' . r 19k- ;,.�. _•-_ r�, et•._ i•I c•,'t C' V •• - I.� piC�_�Or7 i t- �.t TERMS AND CONDITIONS OF AGREENIEN'T BETWTEN OWNTER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and am• other services included in Article 12. :.1.2 ThL: Architect's ser:;c shall be performed as expcdi- tiously as is consistent with professional skill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Basic Services consist of those described under the three phases indentified below, any other services identified in Article 13, and include normal structural. mechani- cal and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.2 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents con- sisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost. 2,3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the O -caner, Construction Docu- ments consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall 2d\-ise the Owner of aay adlustnment> to previous preliminary estimates of Construction Cost. 2.3.2 The Architect shall assist the Owner in connection with the Owners responsibility for filing documents required for ;l,P anpro.•a' of gn•,•emmer:tal 2u hnrities having Jurisdiction over the Project - 2.3.3 Unless provided in Article 12, the Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.4 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3-3. 2.4.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without ,written agreement of the Owner and Architect tvith consent of the Contractor, which consent shall not be unreasonatih- ,withheld. 2.4.4 The Architect shall be a representative of and shall 2d1•i-.c and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional Ser - Vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction 2.4.5 The Architect shall visit the site at internals approprate to the stage of construction or as otherwise agreed b\1the Owner and Architect in writing to become general]%- famu'.,.ir with the progress and quality of the work completed and to determine in general if the Work is being performed in a man ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However. the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeaeor to guard the Owner against defects and deficiencies in the Work. (Afore eVensine site representation nary be agreed to as an Additional Ser -r -ice. ac dect7-ibed in Paragraph 3.2.) 2.4.6 The Architect shall not have control aver or charge of and shall not be responsible for construction means, method,, techniques, sequences or procedures, or for safety precautt)n-s and programs in connection with the Work, since these are soler• the Contractor'; responsibility under the Co ua,t E, -- Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.4.7 The Architect shall at all times haVe access to the NC ark wherever it is in preparation or progress. 2.4.8 Based on the Architect's observations and e,•aluation� of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's ober- vations at the site as provided in Subparagraph 2.4.5 and on the AIR, D0CUNERT 131'1 e}• I rV1!TF`()V Na F a,F "`e 7 1(.c r. •,.r• 7 7HIF1 E!>"t `: • }• -- data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, infonnadon and belief, quality of the Work is in accordance with the Contract Docu- ments. 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, tech- niques, sequences or procedures, (3) reviewed copies of requi- sitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contrac- tor's right to payment or (4) ascertained how or for what pur- pose the Contractor has used money previously paid on account of the Contract Sum. 2.4.10 The Architect s;.all have authority to reject CC'arn which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equip- ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall interpret and decide matters con- certirig performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. When making such inter- pretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or con- firmed in writing by the Owner ur if included in Anic.1c :2, d:d they shall be paid for by the owner as provided in this Agree- ment. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies,- planning surveys, environmental studies, measured drawings of existing conditions, coordina- tion of separate contractors or independent consultants, coor- dination of construction or project managers, detailed Con- struction Cost estimates, quantity surveys, interior design, plan- ning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other ser- vices not otherwise included in this Agreement under Basic Ser- vices or not customarily furnished in accordance with generall% accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additiora project representation shall be provided and paid for as set forth in Articles 11 and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construc- tion Change Directives - ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a pro.- grain rimogram which shall set forth the Owner's objectives, schedule. constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical char- acteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the ser- vices of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by Law' or the Contract Documents. 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verifi• the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, sur•evs and reports shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of anv fault or defect in the Project or nonconformance with the Contract Documents 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review- and approves at least 14 c'ays prior to execution. AIR. DOCUMENT B151 • AHRtirt'IAMj Cru NFF. A),CHUECT AGREE%tF ,7 • THIP Fi )'T 'r- • E151.19r7 TF; - '( 4', 1':` 11TI'TI 01 Af ' I!— l - 1'•° . )(,Pl. A`.•t',' t . \ � ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance With Paragraph 8.3, or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.4 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall moui.y the Con tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architea shall be deemed the author of these docu- ments and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Spcciftcations or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the paries to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance With the Construction Industn- Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitra- tion arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by writ- ten consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an addi- tional person or entity shall not constitute consent to arbitra- tion of any claim, dispute or other matter in question not described in the written consent. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agree- ment shall be specifically enforceable in accordance with appli- cable law in any court having jurisdiction thereof. 7.2 In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law• in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon net !--ss that even d__iys' written notice should the other party Alt. DOCUMENT E151-ATM'r:':ISTET.-riVNEFAFrti'-FrTAGRF[V!_'T•TINKI)E11:T!O'.•AIA" •�14 T!c' �,.'.i!P• -�.. rlt !.!.,T..—t. t—•- }it}r 51't':tf .'J \<.ir•.".Til•. 1�� — F I FJ_1 S -r? C fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the ter- mination. 6.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equit- ably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by gi1 ing G ritten notice. 6.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are direct]), attributable to termination. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning 25 those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. didons of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other pard' with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ - tet, of oral. This Agrcercnt may bt : =r:ded only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discover),, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel E --pens- is defined as thr direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandaton- and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for: .1 expense of transportation and living expenses in con- nection wnh out-of-tuv.n uavei auLhunzed b%- the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project, .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than re u - lar rzzcs, if 2uihorized 11c Oti•n^r. .7 renderings and models requested by the Owner; 9.4 The Owner and Architect waive all rights against each .8 expense of additional insurance coverage or limit-., other and against the contractors, consultants, agents and including professional liability insurance, requested employees of the other for damages, but only to the extent by the Owner in excess of that normally carried by covered by property insurance during construction, except the Architect and Architect's consultants: and such rights as the), ma), have to the proceeds of such insurance .9 expense of computer-aided design and drafting equip - as set fonh in the edition of AIA Document A201, General Con- merit time v. hen used in cunrcu;u„ a i;h G.c Project. Alt DOCUMENT B151 • r P.H .r\ t=.7I 1,(j%a it I?' 1 P,t i t'•', � 711 F p,F-1Pr7 11 •• .-, (, „ . 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or ex- tended through no fault of the Architect, compensation for an), services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. forth in Subparagraph 11.2.2, based on (l) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Ser- vices and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.3.4 When compensation is based on a percentage of Con- 10.5 PAYMENTS WITHHELD struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of 10.5.1 No deductions shall be made from the Architect's com- the Project shall be payable to the extent services are per- pensation on account of sums withheld from payments to formed on those portions, in accordance with the schedule set contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Three hundred, Sixty seven &50/lGV&llars(f367.50 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Banc Compensation shall be computed as follows: (hta•rl pasts rJ compeRcanon, including snl,«laled sums, mulliples ur p rcoual r, mul ydoitiy) phcvice to «hrih/xrrlrculnr r«rlbortc of corp/kwsarro« apply. rf «crew+•) Stipulated sum of Three thousand Six Hundred Seventy Five dollars ($3,675.00) for the Design Phase. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (hrserl additional /phases as apprapriare Design Phase: $3,675.00 Construction Documents Phase: Construction Phase: One hundred percent (10&) percent ( %) percent( %) Total Basic Compensation: $3,675.00 one hundred percent (100°.:.) Alt. DOCUhTNT 8151 •.{kHPI'VIATr.:,r)'. \FF AFcN•rrrT.Ar:Frf`•!r`:? •Tli Pirie:—i )'<• {la." • � ; ).- �;.� s,„i , _ 1• _ .�� r>t �t• • i• )--• ,r t - r ,,� _ F151-1�0� f L 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: Principal .........................$80.00 per hour Project Architect ..................$55.00 per hour Technical Level 1 .................$45.00 per hour Technical Level 2 .................$40.00 per hour Technical Level 3 .................$35.00 per hour Technical Level 4 .................$25.00 per hour Clerical ..........................$25.00 per hour 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows: (Insert basis of compensation, including rates andlor multiples of Direct Perscouirl F_vrntsr for Principals and entplowes, and identijp Pnneipals and classtfr emp/u1•ees, if required Identify specific senuces to ui-ict, particular mtetlxtds of compensation apply. if necessary.) Principal ...... ..................$80.00 per hour Project Architect ..................$55.00 per hour Technical Level 1 .................$45.00 per hour Technical Level 2 .................$40.00 per hour Technical Level 3 .................$35.00 per hour Technical Level 4 .................$25.00 per hour Clerical ..........................$25.00 per hour 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural. mechanical and electrical engineering srr- vices and those provided under Article 3 or identified in Article 12 as part of Additional Services, a multiple of o n e p o i n t o n e ( 1 . 1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one point one ( 1.1 ) tunes the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within thirty (30) calendar days i(sj w.uti,A,cof the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2• t 11.5.2 Paymentsare due and payable Ten (10) days from the date of the Architect's invoice. Amounts unpaid T * r t ( 0) days after invoice date shall bear interest from the date payment is due at the rate entered below, or rn�e abs -rice ereOf, at the legs] rate prevailing from time to time at the principal place of business of the Architect. (Insert any rate of interest agreed upon.) Eighteen per cent per annum (18%) (Usury taus and requirements under the Federal Truth in lending Act, similar state and local consumer credit taus and otber regulations at the owners and Arcbt- tect's principal places of business, the location of The Project and elseutbere mal ajJeC the taatidity of this prvtdsion. Sped legal alt rce should be obtained uath respect to deletions or modifications, and also regarding requirements n&cb as utritten disclosures or waitvrs.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review pr2c0ces of the Architect. AU, DOCUMEh7 8151 • ABRREVIATED OWNTER-ARCH'TECT AGREEME%7 • THIED ED7, 1ON • ALs.e • C 19P" Tiff AYFFiCAN JNFTT�T1 Or A.PCHiTr.CTS 1-3s F•; YOXY A%'E%17. !:u V k,-! ;r-rri': L) (7 2'i � E�51-1c� � ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptioru of olber smices, denufp Addatonal Smvres included u*tbin Basic (Compensation and modifications to the payment and compensatiun trrms included in tbu Agreement) 12.1 This agreement is for provision of the Design Phase only. Construction Document and Construction Phase services including normal structural, mechanical and electrical engineering are excluded from this Agreement. 12.2 The Design Documents referred to in section 2.2.2 will consist of a preliminary site and floor plan, building section and conceptual elevations. 12.3 Design Review documents as may be required by the City of San Rafael are excluded from this agreement. If it is determined that a Design Review permit is required, Forsher + Guthrie will, if requested by the Owner, prepare exhibits, submit for, monitor and present that permit. Compensation to Forsher + Guthrie from the owner will be charged on a time and materials basis at the rates noted in section 11.3.2. Approved as for This Agreement entered into as of the d2y and year first written above. OWNER AR TECT _ (signature) Mayor t u a t e) (signature) (Date) AS,�,,��a—c►.�.�. Matthew Principal (Printed name rt City Clerk �. F (Printed name and rite) /•� [.'. _q•'r E•r• . r�:. _ •:! i �F .. -rte .r c:r•.r•— �rr•�• [' -}':.. A_ir• . i:.-