HomeMy WebLinkAbout1983-244
1
RESOLUTION NO.
83.-244
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GREGORY VILLANUEVA AlA & ASSOCIATES ,I
3 INC. TO PROVIDE ARCHITECTURAL SERVICES FOR THE NEW CENTRAL
LIBRARY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 "Agreement with Gregory Villanueva AlA & Associates, Inc. to providE
Ii
9 architectural services for the New Central Library, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
I
II herein by reference as fully as though set forth at length.
12
SECTION 2. The Agreement authorized by this resolution shall
13 not take effect until fully signed and executed by both parties.
14 Neither party shall be obligated hereunder unless and until the
15 Agreement is fully executed and no oral agreement relating thereto
16 shall be implied or authorized.
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19
Bernardino at a'l nd~Otl~neC ~e0l11ar
meeting thereof, held
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on the
~6th day of
,:cul"
, 1983, by the following
21 vote, to wit:
22
AYES:
Council Members
C'"~~"':t_,"l71_p6:1 ~"p.i'1 1 H Ffp"'n.::'l'r"0P7.
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r.!Zl]::']"S, 01l..:.el, ~'_"Y"ClZjpy:- ;:,t.:.T:; ckle_'-
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NAYS:
1'":"0 !,:, C;
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ABSENT:
none
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~4/P17/1/ kdbAI'/
/ City Clerk
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The foregoing resolution is hereby approved this .29r~ day
2 .of
,Jul"
, 1983.
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Approved as to form:
~~&
I ~
'City torney
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-2-
THE AMERICAN INSTITUTE OF ARCHITECTS
1"1
, "'I,
,
AlA Document 8141/CM
CONSTRUCTION MANAGEMENT EDITION
Standard Form of Agreement Between
Owner and Architect
THiS DOCUMEI\'7 HAS IMPORTAI\'7 LEGAL CONSEQUENCES; CONSULTATION WiTH
AN A770RNEY is ENCOURAGED WiTH RESPECT TO /7S COMPLETION OR MODiFICATiON
This document is inlended to be used in conjunction with
AlA Documents B801, Al0l/CM and A201/CM
AGREEMENT
made this ~_ day of det4tUT
Hundred and ~.titu- I
BETWEEN the Owner: CITY OF SAN BERNARDINO
in the year of Nineteen
and the Architect: GREGORY VILLANUEVA
330 N. "D" Street, Suite 404
San Bernardino, Ca. 92401
AlA & ASSOCIATES, INC.
3400 Irvine Avenue, Suite 221
Newport Beach, Ca. 92660
for the following Project: . " " " "
(lndudt; detailed de~criplion of PrOJ!:'CI loeilioll ..nd scope) In P~oneer Park between E and F ,
Sixth Street and alley, a free standing, approximately Sixty Thou-
sand (60,000) square feet Central Library with areas for administration,
audio visual, circulation, periodicals, reference, technical services
and community meetings. Include upgrading of remaining park area mod-
ifying irrigation, some mounding, overseeding, and tree wells, The
Library will house a collection of 200,000 volumes, 1,000 periodicals,
500 films, 5,000 records. The facility will include requirements as
described in the architectural program dated June 1981 with addendum
dated October 1982. Interior Design as defined in Exhibit "B" will be
provided as a basic service.
the Construction Manager:
J. D. Diffenbaugh, Inc.
The Owner and the Architect agree as set forth below.
"'-'4 DOCUMENTI141/CM . OWNH.-^RCHITlCT AGRHMfNl . CONSTRUCTION MANA-CEMENT EO'lION . MA.Y 1975 ED1.
TlO,,". AI^~. ~'9'5. THE AMU1.l(A"" INSTITUn OF AR.CHlTECTS, 1735 Nhv YORK AVE.. N.W" WASHINGTON, o.c. .10006 1
I
FIXED FEE
I
I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms
and Conditions of this Agreement.
II. THE OWNER shall compensate the ArchitKt, in accordance with the Terms and Conditions of this
Agreement.
A FOR BII5/C SERVICES, as desl;,[ibed iQ ParaE'!l!h 1.~ Basic Compensation shall be computed
on the basis of a FIXED FEE of TWO HUNDRED SJ.XTY dollars ($ 268,280.00 ).
EIGHT THOUSAND TWO HUNDRED EIGHTY DOLLARS 00/100
B. FOR ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows:
1. Principals' time at the fixed rate of See Below dollars <$ ) per hour.
For the purpose of this Agreement, the Principals are:
Gregory Villanueva AlA
Oscar A. Arnoni
$70.00
$60.00
2. Employees' time (other than Principals) at a multiple of
( 3" 0 ) times the employees' Direct Personnel Expense as defined in Article 4.
3. Services of professional consultants at a multiple of
( 1. 3 ) times the amount billed to the Architect for such services.
C. AN INITIAL PAYMENT of THIRTY THOUSAND DOLL~ars ($ 30,000.00 )
shall be made upon the execution of this Agreement and credited to the Owner's account.
As a credit on the Schematic Design.
D. FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5.
".
III. THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree-
ment that:
A. IF THE SCOPE of the Project is changed materially, compensation shall be subject to renegotia-
tion.
B. IF THE SERVICES covered by this Agreement have not been completed within Eighteen
Mon th s (18 mo s. ) months of the date hereof, the amounts of
compensation, rates and multiples' set forth in Paragraph II shall be subject to renegotiation.
AlA OOCUM1NT ...lIe.. . OW...Ii.ARCHIHCT ..CRElMI...T' CO"'STRUCTIO'" M.......C1MINT (DITION . M"Y '975 101.
1101'1I. AIA~. ~97S. THE AMERICA"'; INSTITUTE OF ARCHlnCT~. 17H NEW YORK INt., N.W., WASHINCTON, D.C. 20006
2
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES
1,1 IASIC SBtVIClS
The Architect's Basic Services consist of the fo.ur
phases described below and include normal struc-
tural, mechanical and electrical engineering services
and any other services included in Article 1~ as
Basic Services.
SCHEM"TIC DESIG~ 'HASE
1,1,1 The Architect shall review the program fumished
by the Owner to ascertain the requirements of the Project
and shall confirm such requirements to the Owner.
1,1.2 Bascd on the mutually agreed upon program, the
Architect shall prepare Schematic Design Studies consist-
ing of drawjng~ and other documents illustrating the
scale and relationship of Project components for ~p-
prova! by the Owner.
1,1.3 The Architect shall provide the Construction Man-
ager periodically with Schematic Design Studies for his
review during the Schematic Design Phase. At the end of
the Schematic Design Phase he shall provide the Con-
struction Manager with drawings and other documents
I.ppro'ooled by the Owner for an estimate of construction
costs.
.-
DESIGN DEVEL~ME~ ffiASE
1.1.4 The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documents consisting of drawings
and other documents to fix and describe the size and
character of the eontire Project as to structural, mechani~
cat and electrical systems, materials and suct1 other essen~
tials AS may be appropriate.
1,1.5 The AJChitect shall provide the Construction Man-
ager periodically with Design Development Documents
for his review during the Design Development Phase. At
the end of the Design Development Phase he shall pro-
vide the Construction Manager with drawings and other
documenh approved by the Owner for a further estimate
of construction cost.
CONSTRUCTIO~ DOCUMf~TS 'HASE
1.1,6 The Architect shall prepare from the approved
Design Development Documents, for approval by the
Owner. Drawings and Specifications setting forth in detail
the requirements for the construction of the entire Proj~
eet including the necessary bidding information. and shall
assist in the preparation of bidding forms, the Conditions
of the Contract, and the form of Agreement between the
Owner and the Contractor.
1,1.7 The Architect shall keep the Construction Manager
informed of Iny changes in rt'quirements or chinges in
construction materia's, systems or equipment as the
Drawings and Specifications are developed so that the
Construction Manager can periodically update and refine
his estinute of construction costs.
1.1" The Architect shall assist the Owner in filing the
required documents for the approval of governmental
authorilies having juri~iction over the Project.
CONSTIlUCTIO~ ~A5E - 4DMINISTaATIO~
Of THE CONSTIlUCTION CONnACT
The Construction Phase will commence with the
award of the first Construction Contract or purchase
order and will terminate 30 days after the final
Certificate for Payment is issued by the Architect.
1.1.9 The Architect, in cooperation with the Construc-
tion Manager, shall provide Administration of the Con-
struction Contracts as set forth in AlA Document
A201/CM, Genera' Conditions of the Contract for Con-
struction, Construction Management Edition, and the ex~
tent of his duties and responsibilities and the limitations
of his authority as assigned thereunder shall not be modi~
iie-d without his written conient.
1.1.10 The Architect, IS a representative of the Owner
during the Construction Phase, shall advise and consult
with the Owner and the Construction Manager. All in-
structions to the Contractor shall be issued through the
Construction Manager. The Architect shall have authority
to act on behalf of the Owner to the extent provided in
the General Conditions unless otherwise modified in
writing.
101.11 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
101.12 The Architect shall make periodic visits to the site
to familiarize himself generally with the progress and
quality of the Work and 10 determine in general if the
Work is proceeding in accordance with the Contract
Documenb. On the basis of his on~site observations as
an architect, he shall endeovor to guard the Owner
against defects and deficiencies in the Work of a Con~
tractor. The Architect .hall not be reqUITed to make
exhaustive or continuous on~site inspections to check the
quality or quantity of the Work. The Architect shall not
be responsible for construction means, methods, tech~
niqlles, sequences or procedures, or for safety precautions
and programs in connection with the Work, and he shall
not be responsible for a Contractor's failure to carry out
the Work in accordance with the Contract Documents,
nor shall he be responsible for the Construction Man.
tiger's failure to carry out his obligations as the agent of
the Owner.
1.1,13 Based on .uch observations at the site, the recom-
mendations of the Construction Manager and on I Con-
tractor's Applications for Payment, the Architect shall de-
termine rhe amount owing to a Contractor and shall issue
Certificates for Payment in such amounts. The issuance of
i Certificate for Payment shall constitute a representation
by the Architect to the Owner, blsed on the Architect's
observations at the site as provided in Subparagraph
1.1.12 Ind the data compri.ing the Application for Pay-
ment, that the Work has progressed to the point indi.
AlA DOCUMENT "."eM . OWNE. "RCHIlECT AGRHMIN1' CONSTRUCTION M"NAGIM!NT fDllION . MAl 1975 EDI-
liON. AI..,@ . e1975. THE AMERICAN INSTITUTE OF ARCHlnCTS. '735 NEW VORK Avt., N.W., WASHINGTON, D.C. 20006
J
ated; that to the best of the Architect'. knowledge,
information and belief. the quality of the Work is in
.ccordancE' with the (ontract Documents (subject to an
~valuatlon of the Work for conformance with the Con~
tract Document!> upon Substantial Completion, to the
results of any subsequent tests required by the Contract
Documenh, to minor deviations from the Contract Docu-
ments correctable prior to completion, and to any specifIc
Quahflcatiom staled in thE' Certificate for P.1)'men!); and
that a Contractor is entitled to payment in the amount
certified. By i5~ulng a Certificate for Payment, the Archi~
fE'ct shall not be dE"emed to represent that he has made
any examination to i!lcf"rtain hO\\ and for what purpose a
Contractor has used the monie5 paid on account of the
Contract Sum.
1.1.14 The Architect ~haH be, in the first instance, the
interpreter oj the requirements of the Contract Docu-
ments and the impartIal judge of the performance there-
under by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or
Contractor relating to the execution and progress of the
\\fork and on all oth~r matters or questions related
thereto. The Architect's decl~ions in matters relating to
artistic ettect shail be flna) if consistent \\'ith the intent of
the Contract Documents.
1.1.15 The ArchItect Shill! have authority to reject \'York
which does not conform to the Contract Documents.
Whenever, in his reasonable opinion, he considers it nec-
essary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have
authority to require special inspection Or testing of any
Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated
installed Or completed. '
1.1,16 The Architect shall review and approve .hop
drawings, samples, and other submissions of a Contractor
only for conformance with the design concept of the
Project and for compliance with the information given
i~ the Contract Documents.
1.1.17 The Architec! shall prepare Change Orders.
1.1.18 The Architect shall conduct inspections to deter-
mine the Dates of Substantia! Completion and final com.
pletion, shall receive and review written guarantees and
related documents ass.embled by a Contractor, and shall
issue a fmal Certificate for Payment.
1.1.19 The Architect .hall not be responsible for the
acts or omissions of any Contractor, or any Subcontrac-
tors, or any Contractor's or Subcontractors' agents or
employees, or any other persons performing any' of the
Work.
1.2 PROJECT REPRESENT4TION BEYOND BMIC SERVICES
1.2.1 If mOre extensive representation at the site than
i. de.cribed under Subparagraphs 1.1.9 through 1.1.19 in.
c1usive is required, and if the Owner and Architect agree,
the Architect shall provide one or more Full-Time Project
Repres.enlativps to assist the Architect.
1.2.2 Such Full-TIme Project Repre.entative, shall be
selected. employed and dlTeCled by the Architect, and
the A,chitecl shall be comper.,ated therefor as mutually
agreed between the Owner and the Arch,tect a. set forth
in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of au-
thOrity of such Full-Time Project Repre.entative. shall be
sel forth in an exhibit iPpended to this Agreement.
1.2.4 Through the on-.ite ob.ervation. by Full.Time
Project Representatives of the Work in progress, the
Archilf"ct shall endeavor to provide further protection for
the Owner against defects in the Work, but the furnishing
of such project represenlation shalt not make the Archi-
tect responsible for construction means, methods, tech-
niques, sequences Or procedures, or for safty precautions
and programs, or for any Contractor's failure to perform
the Work in accordance with the Contract Documents.
1.3 4ODITION41 SERVICES
The following Services shall be provided when au-
thorized in writing by the Owner, and they shall be
paid for by the Owner as hereinbefore provided.
1.3.1 Providing analy~es of the Owner's needs, and pro-
gramming the requirement~ of the Project.
1.3.2 Providing financial feasibility or other special
studies.
1.3.3 Providing planning surveys, site evaluations, envi.
ronmental studIes Or comparative studies of prospective
sites.
1.3.4 Providing design services relative to future facili-
ties, systems and equipment which are not intended to
be constructed as part of the Project.
1.3.5 Providing services to investigate existing conditions
or facilIties or to make measured drawings thereof or to
verdy the accuracy of drawings or other information fur-
nished by the Owner.
1.3.6 Preparing documents for alternate bid, or out-of-
sequence services requested by the Owner.
1.3.7 Providing Statement. of Probable Construction
Cost, Detailed Estimates of Construction Costs Or detailed
quantity surveys or Inventories of material, equipment and
* ~a~:~~ }7~~4 71~~~dr 1:1e~~J~~J12i'r77j,'J17e-
AlJifeiJ/r'NcI /rVrNrfelt/c/1Jv./ttJ>Atle/.Nr/tiM />f/f/J",Mre
''1~fD'f',~.~~provide~ ~s a basic service,
I 7r IT See Exh1b1t "B"o
1.3.9 Providing services for planning tenant or rental
spaces.
1.3.10 Making revisions in Drawings., Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given
and are due to causes beyond the control of the Architect
1.3.11 Preparing supporting data and other services in
connechon with Change Orders if the change in the
Basic CompE'n~tjon resulting from the adjusted Contract
Sum is not commemurate with the services required of
the Architect.
1.3.12 Making investigations involving detailed apprais-
als and valuations of existing facilities, and surveys or
inventories required in connection with construction per-
formed by the Owner.
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A.14 DOCUMfNl .141JCM . OWNER-ARCHITECT AGRHM[NT. CONSn:UClION M^"'AGEM[t.;T EOllIO,," . MAY 1975 [01-
TlO"'. AIA~;. cr197S. THE AMERICAN INSTITUTE or ARCHITECTS, 1735 NEW YOR~ AVf., ""W_, WASHINGTON, D.C. 20006
1.3.13 Providing consultation concpming re-pf,ce-ment of
.ny Work d.m.ged by fire or other Cluse during con.
struction, and turniihing protenionil services of the type
Ht forth in Paragraph 1.1 as may be re-quired in connec.
tion with the replacement of such Work.
1.3.14 Providing profes50ional services made necessary by
the default of a Contractor or by major defects in the
Work of a Contractor in the perlormance of the Construc~
tion Contract.
buildings, other improvement, .nd tree,; .nd full infor-
mllion conce-ming IVliilable service and utility lines both
public .nd private, .boye .nd below grade, Including in.
verb and depth,.
2.5 The Owner ,h.1I fumi,h the service, of a soils engi-
neer or other consultant when such lervices ire deemed
neceHary by the Architect, including reports, test borings,
lest pils, soil bearing values, percolation tests, air and
water pollution tests, ground corrosion and f'f'sistivity
tests and otner necessar\, operations for determining sub-
soil, air and water conditions, with appropriate profes-
sional recommendations.
1.3.15 y,rert,aTl~g f. "I! of, rljprq(lu'llbl;, r'l!:or.(l Atin~ q(
d/.w/ngt st1bwr,hg Aig~f"inti'chlngts it. ttile Wo~ m.~
dJlri'lS t/>e /corl'tr<lcti~n /prcle';', ....s~ pn /m.Jke~.u"
PCnti'J dJ!'w,irgv,.nli o;ner/d.!. f~rn~hell.1:W ,a..cotllrf<tol 2.6 The Owner sh.1I furnish structural, mechanical,
. t3 the Alchae.l'l'Deleted as. ad~l1 t~~mlil SerV"themic.1 and other labor.tory te,t" inspections and re-
~ces ..InclUded as a bas~c serv~ce... ports a, required by I.w or the Contract Documents.
1..3.16 Provldtng extenSive assistance In the utIlization.
of any equipment or system such as initial start-up or 2.7 The Owner shaH furnish such legal, accounting, and
lesting, adjusting and balancing, preparation of operation insuriince counseling services as may be necessary for the
and maintenance manuals, training personnel for opera- Project. and such auditing services as he may require to
tion and maintenance, and consultation during operation. ascertain how or for what purposes a Contractor has
used the moneys paid to him under his Construction
Contract.
1.3.17 Providmg services after termination of the Con-
struction Phase.
1.3.18 Preparing to serve Or serving as an expert witness
in connection with any public hearing, arbitration pro.
ceeding or leg.1 proceeding.
1..3.19 Providing services of professional con>ultants for
other than the normal structural, mechanical and electri.
tal engineering service5 for the Project.
1.3.20 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
iccordance with generally accepted architectural practice,
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
'.
2.1 The Owner shall provide full information, including
a complete program, regardmg his requirements for the
Project.
2.2 The Owner shall designate, when necessary, a rep-
resentative authorized to ael in hi5 behalf with respect to
the Project. The Owner shalt examine documents sub.
mitted by the Architect and shaH render decisions per-
taining thereto promp!h to avoid unreasonable delay in
the progres~ of the Architect's services.
2.3 The Owner shall retain a Construction Manager to
manage the Project. The Construction Manager's services,
duties and responsibilities will be those described in the
Agreement Between Ov..-ner and Construction Manager,
AlA Document B801, the term~ and conditions of which
will be fumi,hed to the Architect .nd will not be modi.
fled without written consent by him to such modification.
Actions taken by the Construction Manager as Agent of
the Owner sh.II be the .cts of the Owner, .nd the Archi-
tect sh.II not be re'ponsible therefor.
2.4 The Owner sl1,II furnish. certified I.nd survey of
the site giving. as iPplicable, grades and lines of streets,
.lIey'_ p.vement, .nd adjoining property; rights-of-w.y,
restriclions, easements, eoncroacnme>nts, loning, deed re-
striclions, boundaries and conlours of the site, locations,
dimensions and complete data pertaining to f'xisting
2.8 The services, information, surveys and reports re.
quired by P.r.gr.phs 2.4 through 2.7 inclusive sh.1I be
furnIshed at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy ~nd completeness
thereof.
2.9 If the Owner becomes aw.re of any f.ult or defect
in the Project or non-conformance with the Contract
Documents, he shall give prompt written notice thereof
to the Architect.
2.10 The Owner sh.1I furnish inform.tion required of
him as expeditiously as necessary for the orderly progress
of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the b.sis
for determining the Architect's Compensation for Basic
Service" it sh.11 be the tot.1 cost or estim.ted cost to
the Owner of .11 Work designed or specified by the
Architect. The Construction Cost sh.1I be determined by
.ggreg.ting the tot.1 cost ., follows, with precedence
in the order listed;
3.1.1 For completed construction, the cost of all such
Work, including costs of managing construction;
3.1.2 For Work not con,tructed, (1) the sums of the
lowest bon. fide bids receiyed from qu.lified bidders
fvr .ny or .11 of such Work plus the cosb of work items
in the Conditions of the Contract ind COitS of managing
construction for such Work, or (2) if the Work is not bid,
the sum of the bon. fide negotiated proposals submitted
for .ny or .11 of such Work plus the estim.ted cost, of
work items in the Conditions of the Contr.ct .nd costs of
managing construction for such Work; or
3.1.3 For Work for which no such bids or propos.ls are
received, the Construction Cost contained in the Con.
struction Manager's I.test Project construction budget
.pproyed by the Owner, plus the estimated costs of
work items in the Conditions of the Contr.ct and cost, of
minilgins construction.
AI4 DOCUMENT .'.l/CM . OWN[I1:.ARCHITECl AGREEMENT. CONSTRUCTION MANAGEMENT EDITION. MAY 1975 EOI.
TlON. AIA~. Cl1975. THE AMERle"'" INSTil UTE OF ARCHITECTS. 1735 N(W VORK AVf.. KW.. WASHINGTON, D.C. 20006
5
J.2 Constructi'On Cost ~. not indue!. 1hr CX>mpenW_
lion 'Of the Architect .nd hi. con.ulllnts, 1hr cost of 1hr
lind, rilht>-of-way, 'Or 'Other COSIO which .'" the ~.i-
bility 'Of the ~r a. pr'Ovid.d in Parolraph. 2.4 I'''GUlh
2.7 inclusive.
J.3 The CD>! 'Of labor. moteri.I. and equipment fumi.hed
by the Owner fDr the Pr'Oject .h.1t be included in lhe
Construction Cost at curren! rnarke-t raff's including.. rea-
JOn.ble .IID.....nce fDr Dverhud .nd prDfit.
3.4 When. fi.ed limit 'Of C'Onsfructi'On C'Ost is esllb-
lishood as . cDnd,tiDn 'Of this Agreement, it ",.It be in
wriling .igned by the p.rt,es and sh.1I inclue!. . biddmg
contingency of ten percent unless anotner amount is
agreed upon in writing. Whrn iuch .. fixed limit ;s ~lib-
Iished, the A,chitect sh.1I be permitted tD determine wh.t
materials, equipment, component systems and type's of
construction are to be included in the Contract Docu-
rn!'nts, and to mike rei!sonabte adjustments in the scope
of the Proj!'ct to bring it within the fjxed limit. The archi.
teet may ilso include in the Contract Documents alter-
nate b,ds to adjust the Construction Cost to the- fixed
limit.
3.4.1 If the BIddIng Dr NegDti.ting Ph.se h.s nDt com-
menced within s>ix month~ after the Architect submits the
Construction Documents to the Owner, any fixed limit
'Of CDnstructiDn CDst est.bl..hed as . cDnditiDn 'Of this
Agreement sh.II be .dJusted tD reflect .ny ch.nge in the
I~neral Ie-vel of prjc~s which may have occurred in the
construction industry for the .rea in which the Project is
loc.ted. The adjustment .h.1I reflect ch.nges between
the d.te 'Of submissiDn of the ConstructiDn DDcument>
tD the Owner .nd the d.te on which prDpDsals are
JOught.
'.
3.4.2 When. fi.ed limit of C'Onstruction C'Ost. including
the Bidding cDntingency (.dJusted as prDvided in Sub-
par.graph 3.4.1, if .ppl,c.ble). is est.bltshed as . cond,-
tiDn 'Of this Agreement .nd is exceeded by the l'Owest
bDn. f,de bid Dr negDti.ted prDpDsal. Or by the CDn-
struction Manager's Detailed Estimate of Construdion
CDS! Dr the St.tement 'Of PrDb.ble CDnstructiDn c'Ost. the
Owner shall (1) give written approval of an increase in
such f..ed limit, (21 .uthDTlze rebidding the Project
within i reasonable time, Or {3) cooperate in revising the
Project s.cope ind quality as required to reduce the Proba.
ble CDnstructiDn CDst In the c.se 'Of (31 the Architect
.h.1I mDdify the Dr.....ings .nd SpecificatiDns as necess.ry
to bring tht Construction Cost within the fixed limit,
witnout addItional cost to the Owner if the Architect
has cDncurred in the CDnstructiDn M.n.ger's Delliled
Estimate of Construction Cost, and lubjert to compeonsa-
tion IS In ....dditional Service under Subpifigrapn 13.10
if he ha, nDt JO cDncurred. The prDviding 'Of such service
.h.1I be the limIt 'Of the Architect'. responsibility in this
regard, .nd h.ving dDne SD. the Architect sh.1I be entitled
to compens.ation in accordance with thj~ Agre-ement.
ARTIClE ..
Diner PERSO"'NEL EXPENSE
Direct Perwnnel Expense i. e!.lined a. lhe sal.ries of
profe.siDnol. lechn.al and c1erial employees enpled
on 1hr Project by 1hr Ard>il<<l. 8ftd the eIlSt of !heir
tnandatory and QlSlom&ry I>>nefiu ""'" .. ,,"tutory en-
p10yee benefit>. lnsu..~. sid< leave. holidays. walia....
pe-n5ions .nd limil., benefits.
ARTICI.! 5
REIMBURSABlE EXl'E"'SES
5.1 leimburwble Expense. ore in additiDn tD the C'Om-
pensation fDr B.sic and AdditiD",1 Services and inclue!.
actu.1 elCpenditures mode by the Architect, IRs emplDY-
ees, or his pr'OfessiDnal cDnsult.nts in the interest 'Of the
Project f'Or the expenses listed in the follDwing Subpara-
.raphs:
5.1.1 Expense 'Of transportitiDn and living when t..vel-
ing in c'OnnectiDn with the PrDject. IDng disllnce ails
.nd telegrams; and fees p.id fDr securing apprDv.1 'Of
luthorities h.ving jurisdIction over the ProjKt.
5.1.2 Expense 'Of reproductiDns. pDsllge and h.ndling 'Of
Drawings and SpeocifiClltions ellcluding duplicate sets It
the completion of ~ach Phas,e for th~ Own~r's review and
apprDv.1.
5.1.3 If authDrized in adv.nce by the Owner. expense
of overtime work r~quiring higher th.n regular rates Ind
expense of rend~rings Dr models fDr the Owner's use.
5.1.4 Expense 'Of CDmputer time fDr professiDn.I ..rvices
when included in Par.graph II.
5.1.5 Expense of cDmputer time when used in c'Onnec-
ti'On with AdditiDn.1 Services.
ARTIClE 6
PAYMENTS TO THE ARCHITECT
6.1 P.yments on aCCDunt 'Of the Architect's Basic Services
.hall be m.de .s fDIIDWS:
'.1.1 An initi.1 p.yment as set fDrth in Par.graph II is
the minimum payment under this Agre-ement.
6.1..2 bcept when com~nsation is on the basis of I
MultIple 'Of Direct PersDnnel E.pense. subsequent p.y_
ments for Basic Services shall be made monthly in pro-
portion to services performed on each Phue so that
the (Ompen~1ion at the (Omple-lion of each Phase shall
equ.1 the fDllo....ing percent.ges 'Of the IDtal B.sic
Compensation:
Schem.tic Design Phase .............. 15%
Design DevelDpment Ph.se ........... 20%
C'Onst ructiDn DDcuments Ph.se ........ 45%
ConstructiDn Ph... ........:......... 20%
6.1.3. If the C'Ontract Time initi.lly established in the
C'OnstructiDn CDntract is exceoded by mDre lhin thirty
d.ys thrDugh nD f.ult 'Of tho Architect. compen...tion fDr
Basic Services perfDrmed by Princip.ls, emplDyoe, and
prDfe..iD",1 con.ult.nts required 1'0 cDmplete the Ad-
ministratiDn of the ConstructiDn Contract beYDnd the
thirtieth day ohall be cDmputed as set fDrth in Paragraph
II for AdditiDnol Service..
6.2 Paymenu fD' Additional Services of the Architect as
,
AI. DOCUIo4I~'l 11411tJoO . OW"'U..ReHITfCl .(;REEIo4IN1 . CON~TllJCT'ON .......CI..I"" IDI1ION . ...., ~ 101-
liON . .,'~' e,'?S' 1Ht ....I.,e.... ''''~111VlI Of .RCHlTleT~. '135 NIW YORK .VI. ....W. WASH''''CTON, D.C. _
. .
d.fiMd in Paragraph 1.3, Ind for Reimbursable Expe~s
IS d.fined in Article 5, wll be mad. monthly upon
presenlilion of the ArchitKl'S Itltement of .rvices
~ndered.
6.3 No deductions shall be made from the Architect's
compens.ation on iI(count of penalty, liquidated di.m~
Ages, or other sums withheld from payments to con~
tractors.
'.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect
shall be paid his compensation for services perfonmed
prior to receipt of written notice from the Owner of such
suspension or abandonment, together with Reimbursable
Expenses then due.
If the Project is resumed after "being sus-
pended for more than three months, the Architect's
compensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement
shall bear interest at the legal rate commencing sixty
days afler the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertain-
in.g to Additional Services on the Project and for services
performed on the ba5i~ of a Multiple of Direct Per~nnel
Expense shall be kept on a generally recognized account-
ing basis and shall be available to the Owner or his
authorized representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
'.
'.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
'.2 In the event of termination due to tne fault of par-
ties other than the Architect, the Architect shall be paid
hi~ compensation for services performed to termination
date, including Reimbursable Expenses then due. and
Liquidated-::>amages
'.3 1l'r'JIin;tiol)' E~e\1sey arl dfli"ed;as ,Reif"bjlrs;ble
~p""se;t <1lre~Jy/atlfibl"taQ4e ;'0 /ter(nitj/itiQh, tPl~ fro
imrj;nt/co(npl"terf as/a p'er,*n~ge/o(/th<ltofal torr/per..
"ti~ e$rrJd fa tile f,mfl of/ter/nirfatirln, As f/:,lIr1ws/
1-0 lle"II?nVi( ferrflintlio'f. clcuts qurip'g JIle ,hcl)em,Atic
D,sil'f Prasy' Of
)0 perc;ent} t,rrJnaf'oryocfur; d'fin" t'r 9"si1" pe.
~~6AMe'f.( P"~.,e. r:/r
$'P,e,tcei"t iYteyni']'atiln 9<c,/,s ~ury.g Jny/su~se\lue"t
~h~.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instrum~nts of service are
Ind shall remain the property of the Owner whetner
the Project for which they are made is executed Or not.
Tney are not to be used by the Owner on other projects
or extensions to this Project exc~pt by agrffm~nt in writ~
ing and with appropriate compensation to the Architect.
AlnOf 10
SUCCESSORS AND ASSIGNS
The Owner Ind thO, Architect each binds himself, his
partners, wcce-ssors, assisns and legal representatives to
the otner p.lrty to this Agreem~nt Ind to the p.lrtners,
successors, assigns and legal repre~ntatives of such other
p.lrty with _pect to III covenants of this Agreement.
Neither the Owner nor the Architect shall ..sign, sublet
or transfer his interest in this Agreement without the
written consent of the other.
Delete: ARTICLE 11
See 14.1 ARBITRATION
11.1 All claims, disputes and other matters in question
between the parties to this Agreement arising out of or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in Iccordance with the Construc-
tion Industry Arbitration R.ules of the American Arbitra-
tion Association then obtaining unless the parties mutually
agree otherwise. No arbitration arising out of, or relating
to this Agreement, shall include, by consolidation, joinder
or in any other manner, any additional party not a party
to this Agreement except by written consent containing a
specific re(er~nce to this Agreement and signed by all the
parties hereto. Any consent to arbitration involving an
additional party or parties shall not constitute consent to
arbitration of any dispute not de.cribed therein or with
any party not named or d.scribed therein, This Agreement
to arbitrate and any agreement to arbitrate with an addi.
tional party or p.lrties duly consented to by the parties
hereto snail be specifically enforceable under tne prevail.
ing arbitration law.
11.2 Notice of the demand for arbitration shall be filed
in writing with the other p.lrty to this Agreement and
with the American Arbitration Association. The demand
shall be made within a rea",nable time after the claim,
dispute or other maner in question has arisen. In no
event shall the demand for arbitration be made after the
date when institution of legal or equitable proceedings
based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations,
11.3 Tne award rendered by the arbitrators shall be
final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction
thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents tne entire ,Ind integral~d
agreem~nt betw~en the Owner and the Architect and
superst'des all prior negotiations, representations Or
Igreements, either written Or oral. This Agreement may
be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, thi. Agreement shall be gov-
erned by the law of the princip.ll place of business of the
Architect.
AlA DOCUMENT .,<lIeM . OWNtR-ARCHITICl AGREEMENT. CONSTRUCTION MANAGEMENT EDITION. MAY '1975 WI.
T10~' AIA@'. ~'9?5. THE AMERICAN INSTITUTE OF ARCHITIClS. 1735 NEw YORK AVI, NW., WASHINGTON. O.c. 10006
7
,
14.1 ARBITRATION
All claims, disputes, and other matters in question bewteen parties
of this agreement arising out of, or related to this agreement, or
breach thereof, may upon agreement of both parties be decided by
arbitration. Upon agreement to arbitrate, each party shall name
one arbitrator and the two arbitrators so selected shall select a
third impartial arbitrator. After hearings, the decision of any two
of the three shall be final and binding upon both parties.
14.2 REFER TO ARTICLE 13
"It is mutually agreed that the place of venue is the City of San
Bernardino and the principal place of business of the Architect is
in California".
14.3
The Owner agrees to limit the Architect's liability to the Owner
and to all construction contractors and subcontractors on the project
due to the Architect's professional negligent acts, errors, or omissions,
such that the total aggregate liability of the Architect to all those
named shall not exceed $500,000.
14.4
"No work shall be done prior to receipt of a 'Notice to Proceed' in
writing from the Director of Public Works/City Engineer".
14.5
It is understood that Gregory Villanueva AlA will be available for
consultation on this project full time.
14.6
The official representative of this agreement shall be: City of
San Bernardino, C. Glenn Wilson, Director of Public Works/City
Engineer, and for Gregory Villanueva AlA and Associates, Inc.
Gregory Villanueva AlA.
14.7
It is understood that time is the essence of this contract. All
parties agree to proceed per the attached schedule. See Exhibit "A"
which is incorporated herein by reference.
14.8
Refer to 8.2, Liquidated damages shall be 20% of remaining fee.
14.9 REFER TO ARTICLE 6
"If for any reason The City does not accept the design because of
aesthetics, costs, inability to finance, or any other reasons, The
City has the right to cancel the contract at that time and pay the
Architect in full for the 15% of the fee as shown in Article 6, of
the Architect's Agreement. Under these circumstances no liquidated
damages will apply.
ARTICLE 14
OTHER CONDITIONS OR SERVICES
This Agreement executed the day and year first written above.
OWNER
City of
ARCHITECT
Gregory Villanueva AlA & Associates, Inc.
AlA DOC MENT .U1JCM . OWNER-AR.CHITECT AGREE T. CONSTRUCTIO!'O MANAGEMENT EDITION. MAY 1975 EDI.
I TlON. AlA e::~ ~E AMERICAN INSTITUTE OF AR.CHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
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EXHIBIT "B'"
STANDARD FORM OF AGREEMENT FOR INTERIOR DESIGN SERVICES
ARTICLE 1
ARCHITECT'S SERVICES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5
,
1.1 PROGRAMMING PHASE
1.1.1 The Architect shall consult with the Owner and
other parties designa.ted in this Agreement to ascertain the
applicable requirements of the Project and shall review
the understanding of such requirements with the Owner.
1.1.2 The Architect shall document the applicable reo
quirements necessary for the various Project functions or
operations, such as those for existing and projected per-
sonnel, space, furniture, furnishings and equipment, oper.
ating procedures, security criteria and communications
relationships.
1.1.3 The Architect shall ascertain the feasibility of
achieving the Owner's requirements identified under Sub-
paragraphs 1.1.1 and 1.1.2 within the limitations of the
building Or buildings within which the Project is to be
located.
1.1.4 Based on a review, analysis and evaluation of
the functional and organizational relationships, require-
ments and objectives for the Project, the Architect shall
provide a written program of requirements for the
Owner's approval.
1.2 SCHEMATIC DESIGN PHASE
1.2.1 Based on the approved written program, the Archi-
tect shall prepare for the Owner's approval preliminary
diagrams showing the general functional relationships for
both personnel and operations.
1.2.2 The Architect shall review with the Owner alter-
natiye approaches to designing and carrying out the Work.
1.2.3 Based on the approved relationship diagrams, the
Architect shall prepare space allocation and utilization
plans indicating partition and furnishings locations and
preliminary furniture and equipment layouts. The Archi~
tect shall provide an evaluation of the program and the
Project budget, if one has been established by the Owner,
each in terms of the other, subject to the limitations set
forth in Subparagraph 4.2.1.
1.2,4 The Architect shall prepare studies to establish the
design concept of the Project indicating the types and
quality of finishes and materials and furniture, furnishings
and equipment.
1.2.5 The Architect shall submit to the Owner a pre-
liminary Statement of Probable Project Cost, based on the
recommended design concept and on current costs for
projects of .imilar scope and quality.
1.3 DESIGN DEVElOPMENl PHASE
1.3.1 Ba.ed on the approved Schematic Design and any
adjustments authorized by the Owner in the program or
Project budget, the Architect .hall prepare, for approval
by the Owner, Design Development drawings and other
documents to fix and describe the size and character of
the interior construction of the Project including special
design features to be incorporated into floors, walls, par~
titions or ceilings.
1.3.2 The Architect shall prepare such data and ilIustra.
tions for furniture, furnishings and equipment as may be
appropriate for the Project, including specially designed
items Or elements, to indicate finished appearance and
functional operation.
1.3.3 The Architect shall recommend colors, materials
and finishes not otherwise specified for the Project.
1.3.4 The Architect shall prepare such other Design De.
velopment data, illustrations and documents as may be
appropriate for the Project, as described in Article 17.
1.3.5 The Architect shall submit for the Owner's approval
a further Statement of Probable Project Cost, based on
anticipated unit costs and prices.
1.4 CONTRACT DOCUMENTS PHASE
1.4.1 Based on the approved Design Development sub.
missions and further adjustments in the scope or quality
of the Project or in the Project budget authorized by the
Owner, the Architect shall prepare, for approval by the
Owner, Construction Documents consisting of Drawings,
Specifications and other documents setting forth in detail
the requirements for the interior construction work neces-
sary for the Project. The Work described by such interior
construction documents is intended to be performed by
the Owner or under one or more Contracts between the
Owner and Contractor for construction.
1.4.2 Based on the approved Design Development sub-
missions, the Architect shall prepare, for approval by
the Owner, Drawings, Schedules, Specifications and other
documents, selling forth in detail the requirements for the
fabrication, procurement, shipment, delivery and installa~
tion of furniture, furnishings and equipment necessary for
the Project. Such Work is intended to be performed
under one or more Contracts Or Purchase Orders between
the Owner and Contractor or supplier for furniture, fur~
nishings and equipment.
1.4.3 The Architect shall advise the Owner of any ad-
justments to previous Statements of Probable Project Cost
indicated by changes in requirements or general market
conditions.
1.4.4 The Architect shall assist in the preparation of the
necessary bidding and procurement information, bidding
and procurement forms, the Conditions of the Contracts
for Construction and for Furniture, Fumishings and Equip-
ment, Purchase Orders, and the forms of Agreement be-
tween the Owner and the Contractors or suppliers.
2 .171-1979
AlA DOCuMfJlll "11 (fOIMfIlY 17t'n. INTERIOR DESIGN SERVICES AGREEMENT. REVISED ~CONO EDITION. MARCH 1m
C 1972, e 1977. C '979 . "'114 . THE AMERICAN INSTITUTE Of ....CHlTECTS. '735 N[W YORk AVE_, NW., WI\SHINCTON, OL
1OJ)t, C 1977, C 19'7'9. ASI~ .-THE MiERlCA,NSOCIETY Of INTERIOR DESIGNERS. 7JD FIfTH AVlNUE. NEw YORK, N.Y. 1G019
"
1.4.5 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-
ing jurisdiction over the Project.
1.4.6 The Architect, following the Owner's approval of
the Contract Documents and of the most recent Statement
of Probable Project Cost, shall assist the Owner in obtain-
ing bids or negotiated proposals, and assist in awarding
and preparing contracts for interior construction and for
furniture, furnishings and equipment. All bidding and ne-
gotiating activities shall be coordinated by the Architect.
1.5 CONTRACT ADMINISTRATION PHASE
1.5.1 The Contract Administration Phase will commence
with the award of one or more Contracts Or the issuance
of one Or mOre purchase orders and, together with the
Architect's obligation to provide Basic Services under this
Agreement, will terminate when final payment to Con-
tractors or suppliers is due, and in the absence of a final
Certificate for Payment or of such due date, sixty days
after the Date of Substantial Completion of the Work,
whichever Occurs first.
1.5.2 The term Contractor as used herein shall mean
each person or entity awarded a Contract by the Owner,
or supplier to whom a purchase order is issued by the
Oymer, or the Owner's agent in connection with interior
construction, procurement or installation for the Work.
Each such Contractor shall be referred to throughout the
Contract Documents as if singular in number and mascu~
line in gender. The term Contractor means the Contractor
or the Contractor's authorized representative.
1.5.3 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents: the Architect
shall provide administration of. the Contracts for Furni-
ture, furnishings and Equipment only as set forth below
and in the edition of AlA Document Al71, General Con-
ditions of the Contract for Furniture, Furnishings and
Equipment, current as of the date of this Agreement; the
Architect shall provide administration of the Contract for
Construction as set forth in the edition of AlA Document
Al01, General Conditions of the Contract for Construc-
tion, current as of the date of this Agreement.
1.5.4 The Architect shall be a representative of the
Owner during the Contract Administration Phase, and
shall advise and consult with the Owner. Instructions to
the Contractors shall be forwarded through the Architect.
The Architect shall have authority to act on behalf of the
Owner only to the extent provided in the Contract Docu-
ments unless otnervvise modified by written instrument in
accordance with Subparagraph 1.5.20.
1.5.5 The Architect shall assist the Owner in coordinat-
ing the schedules for delivery and installation of the
Work, but shall not be responsible for any malfeasance,
neglect or failure of any Contractors or suppliers to meet
their schedules for completion or to perform their re-
spective duties and responsibilities.
1.5.6 The Architect shall visit the Project premises as
deemed necessary by the Architect, or as otherwise
agreed by the Architect in writing, to become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Archi-
teet shall not be required to make exhaustive or con-
tinuous inspections at the Project premises to check the
quality or quantity of the Work. On the basis of such on-
site observations as an architect, the Architect shall keep
the Owner informed of the progress and quality of the
Work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractors.
1.5.7 The Architect shall not have control or charge of
and shall not be responsible for the means, methods, tech-
niques/ sequences or pro(f~dures of construction. fabrica-
tion, procurement, shipment,deliveryorinstallation, or for
safety precautions and programs in connection with the
Work, for the acts or omissions of the Contractors, Sub-
contractors, suppliers, or any other persons performing
any of the Work, or for the failure of any of them to carry
out the Work in accordance with the Contract Docu-
ments.
1.5.8 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
1.5.9 The Architect shall determine the amounts owing
to the Contractors based on observations at the Project
premises and on evaluations of the Contractors' Applica-
tions for Payment, and shall issue Certificates for Payment
in such amounts, as provided in the Contract Documents.
1.5.10 The issuance of a Certificate for Payment shall
constitute a representation by the Architect to the Owner,
based on the Architect's observations at the Project prem-
ises as provided in Subparagraph 1.5.6 and on the data
comprising the Contractor's Application for Payment, that
the Work has progressed to the point indicated; that to
the best of the Architect's knowledge, information and
belief, the quality of the Work is in accordance with the
Contract Documents (subject to an evaluation of the
Work for conformance with the Contract Documents
upon Substantial Completion, to the results of any subse-
quent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Docu-
ments correctable prior to final completion, and to any
specific qualifications stated in the Certificate of Pay-
ment); and that the Contractor is entitled to payment in
the amount certified. However, the issuance of a Certifi~
cate for Payment shall not be a representation that the
Work is without latent defects, or that the Architect has
made any examination to ascertain how and for what pur-
poses the Contractor has used the moneys paid on ac~
COunt of the Contract Sum.
1.5.11 Unless otherwise provided, the Architect's duties
shall not extend to the receipt, inspection and acceptance
on behalf of the Owner of furniture, furnishings and
equipment at the time of their delivery to the premises
and installation. The Architect is not authorized to reject
nonconforming Work, sign Change Orders on behalf of
the Owner, stop the Work, or terminate the Contract on
behalf of the Owner.
1.5.12 The Architect shall be the interpreter of the re-
quirements of the Contract Documents and the impartial
judge of performance thereunder by both the Owner and
the Contractors. The Architect shall render interpretations
necessary for the proper execution or progress of the
Work with reasonable promptness on written request of
eoither the Owner or a Contractor, i1nd shall render written
decisions, within a reasonable time, on all claims, disputes
4lA DOCUMENT rm (fOAMERU' 17I7l . ,p..;TERIOR DESIO.. SERVICES AGREEMENT. REVISED SECOND EDmaN. MARCH 1979
() 1972, C 1977, C' 1979 . ^IA~ . THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 "'lEy., YORl( AVE.. ",",W , WASHINCTON, D.C.
2OXJ6 C 1977. 0 1979. ...sl~. THE AMERICAN SOCIEn' OF INTlR10R DESIGNERS, 7J() mTH AVENUE, NEW YORl(, N.Y, 10019
'171-1979 3
and other matters in question between the Owner and the
Contractor relating to the execution or progress of the
Work or the interpretation of the Contract Documents.
1.5.13 Interpretations and decisions of the Architect
shall be con,i,tent with the intent of and reasonably in-
ferable from the Contract Documents and shall be in
written or graphic form. In the capacity of interpreter and
judge, the Architect shall endeavor to ..cure faithful per-
formance by both the Owner and the Contractors, shall
not show paniality to either, and shall not be liable for
the- result of any interpretation or decision rendered in
good faith in such capacity.
1.5.14 The Architect's decisions in matters relating to
aesthetics shall be final if consistent with the intent of the
Contract Documents. The Architect's decisions on any
other claims, disputes or other matters, including those in
question between the Owner and the Contractors, shall
be subject to arbitration as provided in this Agreement
and in the Contract Documents.
1.5,15 The Architect shall review the final placement of
all items and inspect for damage, quality, assembly and
function in order to determine that all furniture, furnish-
ings and equipment are delivered and installed in accord-
,ance with the Contract Documents.
1.5,16 The Architect shall recommend to the Owner re-
jection of Work which does not conform to the Contract
Documents. Whenever, in the Architect's opinion, it is
necessary or advisable for the implementation of the in-
tent of the Contract Documents, the Architect will have
authority to require special inspection or testing of the
Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated,
installed or completed.
1.5.17 The Architect shall review and approve Or take
other appropriate action upon Contractors' submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap-
proval of a specific item shall not constitute approval of
an assembly of which the item is a component, and the
Architect's approval of a Sample or Samples shall not con-
stitute an approval of that item a, delivered and installed
if not in conformance with such approved Sample.
1.5.18 The Architect shall prepare Change Orders for the
Owners approval and execution in acc,ordance with the
Contract Documents, and shall have authority to order
minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time
which are not inconsislent with the intent of the Contract
DOCuments.
1.5,19 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and retated documents
required by the Contract Documents and assembled by
the Contractors, and shall issue final Cenilicates for Pay.
ment.
1.5.2G The extent of the duties, responsibilities and limi-
tations of authority of the Architect during the perform-
ance of the Work shall not be modified or extended with-
out written consent of the Owner, the Contractors ,and
the Architect.
1.6 I'IlOIECT REPRESENTATtON BEYOND
BASIC SERVICES
1.6,1 If the Owner and the Architect agree that more ex-
tensive representation at the Project premises than is de-
scribed in Paragraph 1.5 shall be provided, the Architect
shall provide one or more Project Representatives to assist
the Architect in carrying out such responsibilities at the
Project premises.
1.6.2 Such Project Representatives shall be selected, em-
ployed and di rected by the Architect, and the Architect
,hall be compensated therefor as mutually agreed be-
tween the Owner and the Architect as set forth in an
exhibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1.6.3 Through the observations by such Project Repre-
sentatives, the Architect shaH endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such Project represen-
tation shall not modify the rights, responsibilities or obli-
gations of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic Serv-
ices unless so identified in Article 17. They shall be
provided if authorized or confirmed in writing by the
Owner, and they shall be paid for by the Owner as
provided in this Agreement, in addition to the com-
pensation for Basic Services.
1.7.1 Providing financial feasibility or other special
studies.
1.7.2 Providing planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies, and submis-
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.3 Providing services relative to future facilities, sys-
tems, furniture, furnishings and equipment which are not
intended to be completed or procured during the Con-
tract Administration Phase.
1.7.4 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur-
nished by the Owner.
1.7.5 Preparing documents for alternate, ..parate or
sequential bids or providing out-of-sequence services re-
quested by the Owner.
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1.7.7 Providing Detailed Estimates of Project Cost, anal-
y..s of owning and operating costs, Or detailed quantity
surveys or inventories of material, equipment ilnd labor.
1.7.8 Providing ..rvices for planning tenant or rental
spaces.
4 1171.1979
It.&A DOCUMfIllT 1171 CfOtlMEaU' I7'I7l . INTERIOR DESIGN SERVICES A.GREEM[NT . R[VISED SECOND EDITION. MARCH 1m
e 1972, C 19n, e 1979. ....1!t4. TH[ AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW VORK AYE., NW_, WASHINGTON, D.C
2IXXl6 Cl19n, C 197'9. ASI[C . TH[ AMERICA.... SOCIETY Of I....TERIOR DE.SIGNERS. 730 fiFTH AY[....U[. NEW VORK. N.V. 'KI1'I9
1.7.9 Making revisions in Drawings, Schedules, Specifi.
cations or other documents when such revisions are in.
consistent with written approvals Or instructions previ-
ously given, ire required by the enactment or revision of
codes, laws or regulitions subsequent to the preparation
of such documents or are due to other causes not solely
within the control of the Architect.
1.7.10 . Preparing Drawings, Schedules, Specifications and
supporting data and providing other ~rvic.es in connec-
tion with Chonge Orders to the extent that the adjustment
in the gasic Compensation resulting from the adjusted
Project Cost is nOI commensurate with the services re.
quired of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Architect.
1.1.11 Making investigations, surveys, valuations, inven-
tories or detailed appraisals of existing facilities, furniture,
furnishings and equipment, and the relocation thereof,
and other services required in connection with work per-
formed or furnished by the Owner.
1.7.12 Receipt, inspection and acceptance on behalf of
the Owner of furniture, furnishings and equipment at the
lime of their delivery 10 the premises and installation.
1.7.13 Providing consultalion concerning replacement of
any Work damaged by fire or other cause, and fumishing
services as may be required in connection with the re-
placement of such Work.
1.7.14 Providing services made necessary by the default
of any Contractor or supplier, by major defecls or defi-
ciencies in their Work, or by failure of performance of
eilher Ihe Owner or the Contractor under any Contract
for the Work.
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1.7.'6 Providing extensive assistance in the utilization of
any equipment or system such as initial start.up or testing,
adjusting and balancing, preparalion of operation and
maintenance manuals, training personnel for operation
and maintenance, and consultation during operation.
1.7.17 Providing services relating 10 the Work of any
Contractor after issuance to the Owner of the finil Certi.
fiute for Payment for such Contractor's Work, Or in the
absence of a final Certificale for Payment, more than
Ihirty days after the Date of Substantial Complelion of the
Work.
1.7.18 Preparing to serve or serving as an expert witness
in connection with any public hearing, Arbitration pro.
ceeding or legal proceeding.
1.7.19 Providing services of consultants for slructural,
mechanical and electrical engineering services for the
Project.
1.7.20 Special studies for Ihe Project such as analyzing
acoustical requirements, record retention, communica.
tions, and security systems.
1.7.21 The purchasing of furniture, furnishings, or equip-
ment by Ihe Architect with funds provided by the Owner.
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1.7.23 Providing services in connection with the pro-
curement of works of art.
1.7.24 Providing any other services not otherwise in-
cluded in this Agreement or not cuslomarily fumished in
accordance with generally accepled architectural practice.
1.1 TIME
1.1.1 The Archilect shall perform Basic and Addiliona'
Services ISo expeditiously as is con5istent with professional
skill and care and the orderly progress of the Work. Upon
request of Ihe Owner, the Archilect shall submit for the
Owner's approval, a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall include allowances for pe-
riods of time required for the Owner's review and ap-
proval of submissions and for approvals of authorities
having jurisdiction over Ihe Project. This schedule, when
approved by the Owner, shall not, except for reasonable
cause, be exceeded by the Architect.
AlA DOCUMlNl 11T1 CfOaMlalY 1717). lNTHl.IOIl: DESIGN SERl/lnS AGIHMENT . R[\lISED SECOND EDITION. MAR.CH 1'7'9
C '972, C "77, e "7'j . AI~ . THE AMERICAN INSTITUTE Of AlCHITECTS, 17)S NEW YOI.I( AVE., N.W., WASHINGTON, D.C.
DJJt, C 1977, C 197'9. A51~. THE .-.MERlCAN SOCI[T'V Of INTUIOI OUtGHUS, 1)0 fifTH AVENUl, NEW YOlK, NY, 10019
1171-1979 5
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