Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
8.03 ConsultSvcsLibrary
CITY CLERK File # ~ &"lf~ I -LSJ AGENDA STATEMENT CITY COUNCIL MEETING DATE:August 17~ Z999 ! SUBJECT: Consultant Services for Civic Center Library Report pret~ared by: Herma Lichtenst~i.n, Parks & Facilities Development Manager ATTACHMENTS: A. Consultant Services Agreement RECOMMENDATION:,,,,-). ~ 1. Approve Public Participation Plan ' 2. Approve Agreement and authorize~Mayor to execute same 3.Determine if City Councilmember(s) should be on Project Review Committee. FINA2qCIAL STATE.M~ ENT~ ............. ~_Tl~_.e proposed fee for services is $966,000 Sufficient funds are available to execute Agreement DESCRIPTION: In September 1'998, the City Council approved the Library Planning Task Force Report. In the Report, the Task Force recommended that a 37,000 square foot library be built at the Civic'Center. The Task Force determined that a central facility constructed at the Civic Center would best serve all the~ .r~sident~ of ~ub!i~.~....~ly!..De.~e~r~_~98, the City Council directed Staff to proceed with the selection process for the design of the Civic Center Library. The Library Screening Committee reviewed five proposals, interviewing four of the teams. The fee ~est~maLe~.pf.~..fo_..~ ~!.i~[~ ranged from $822,245 - $1,154,044. On MaY 18,1999 the City Council authorized Staff to negotiate an agreement with B SA Architects and to develop a Public Participation Plan. The City Council requested that the Public P~icipation Plan and Agreement be presented together for review and approval. Consultant Services Agreement The proposed Consultant Services Agreement prepared by the City Attorney and approved by BSA Architects is shown in Attachment A. A s~mm~ of the scope of work under the Agreement, by phase, as well as the proposed fee and schedule is shown below. PHASE FEE One Programming / Public Involvement Process: $ 36,000 ~m-b~r 1999 This phase will include data collection and analysis, L~rary Staff reviews, a series of Public InPut Meetings and analysis of space components. The Architect will also develop a preliminary budget based on the report. COPIES TO: ~s^ Architects ITEM NO. '~~ PHASE SCOPE - FEE ' SCHEDULE Two Visioning: $ 7,000 October 1999 Concurrent with the Programming 'Phase the Architect Will Conduct a Study SessiOn with City CoUncil to dali, clop goals for the library. The issues will range from physical' s'it~ requirements to aesthetics, character and integ~iii0i¥'i~i3 the Community. Three Concept Design: ' $ 52;000 ....Novenib~~1999- Jhnua~'2000 This would include development of site design alternatives, ' conceptual floor plan alternatives and cost estimates.' Th~ ' Architect will review alternatives with Staff and Presen~ iill ' information to City Council and the Public for review. Four Schematic Design: $ 82,500 January 2000 - April 2000 Using the preferred concept plan as a basis ~ 'Architect w/il refine and develop architectural elements, materials and l~cape concepts. The Archit~i '~ill r~gi~'W - alternatives with Staff and present all information to Ci/y ~ ....... ~ Council and the Public for review. Five Degign Develt/pmenti $179,000 May2000 2N0V~ib~F 2000 The Architect will further refine the schematic design into' ~ more fully developed project and prepare an engineeFs estimate. The Architect will review al~fi¥~-~i~ and present all information to City COuncil and the Public for 'review. The goal is to approve and set the" owr;all design"of the building prior to beginning con~tmetiOn' - documents. Six Construction Documents: $ 344,500' December 2000 2' JUly 2001 T'ne Architect will prepare a bid set for the City based on the design approved under Phase 5. The Bid Set 'woUld include an engineer's est/mate. The plansaiid Estimate would be presented to City coimeil for aiith6ri~a~ion to go to Bid. Seven Bid and Construction Administration: $ 208,000 ....AUgUSt 2001- Noveniber 2002 The Architect will provide support and assistance during' the construction of the Library. Reimbursable Costs $ 57,000 Total Fees $ 966,000 Public Participation Plan Public participation in the pro~amming and design ofth~ libi-h-y' WilI be'inc0rp0i:a~ed in a number'°f ways. First, three public input meetings will be conducted as part of the prOgramming Phase. The meetings will be publicized with announcements in the press and personal invitations sent to individuals and groups identified by City and County Library Staff. This will include Friends of the DUblin Library, the former Library Planning Task Force; Dublin Unified"SCii061 DiStrict. Administrators and Staff, Community Organizations, and Dublin. Chmbe~ ~6fc0merce,'t6-name a few. This Will_be followed by a Visioning Study Session before the Ci~"Cib~ii '~tl/'~"5~5~n ifi;cita~ii6fi-i0 '/ti~b'~iibil~blic tO 'hdd input. Following the Visioning Phase there will be a presentati0n~t° ~the citY~counciY~5~ Plan t° Which the Public can add comments and input. Additional~opPormnities for public input' will~. come at the conclusion of the Concept 'Design Phase, the Schematic Design Phase ~d' the Design DeVelopment Phase. A survey of Iibr~ users' with 'b0th PHniedS~eys' ~d a'survey on the Library website will also be conducted. Staff is also recommending the formation of a Project Review Committee. The Project Review Committee will have representation from City Staff, County Library Staff and the Architect and. their sub- consultants. Representation by the City Council on the Project Review Committee may also be desirable. The Project Review Committee will .m~t g~.,key intervals during the project for the purpose of reviewing the progress of the project and providing input on design and programming issues. Recommendation: There are adequate funds in the Fiscal year !999r2.~0_0 Budget and Five-Year Capital Improvement Program to proceed with the work outlined in the scope of services submitted by the BSA Architects and agreed upon by City Staff. Therefore, Staffrecommends that the City Council take the following action: 1) Approve the Public Participation Plan or provide alternative 2) Approve the Consultant Services Agreement in substantially the form attached and autho~ze..~.Mayor to execute same; 3) Determine if a City Councilmember(s) should be on the Project Review Commi..'gee. FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. Agreement Between City of Dublin and BSA Architects For the City of Dublin Central Library Attachment A FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 16'57/ST. t6'56/N0. 4860i02343 P 2 TABI.~ OF CONTENTS ART~CLF. I. ARCI-IITE, C~FS P~ESroN$IBIIJTIES ...................... 1.0. AR.CHITECT'$ SERVICES ..... ' ................................ 1 ARTICLE 2. SCOPE OF ARCHITECT'S BASIC SERVICES ....................................... 2 2.0. GENER.kL ............................................................................................................ 2 2. I. PROGRAMMING and SITE ASSESSMENT, ViSIONING AND CONCEPTUAL DESIGN ........ ' 2.s. Dm~r,~,~u:,~,~},ms:: ...... ::::..:: .... ::: .......................................... ~s 2.5. BIDDING OR. NEC-4)TIATION ir'HAS: ....................................................... ] 6 2.6. coNs:mucnoN Pm, S~--a:,~ST~T~ON O~: 2~ CONSTRUCTION CONTRACT ................................................................... I7 2.7. DISAPPROVAL, PROGRESS PRINTS ................ s~.wc~.s ..................................................................... 2~ ~.o. ~:N~ ................. . . 3.1. PROJECT R]gPI~gENTATION :BEYOND BASIC SER¥ICE$ .................... 22 }2. co~n~~o~mo~ s~c:s ................... .3. OPTIONAL ADDmONAL SERVICES ......................... iiiiiiiiiiiiii"ijij ........... 22 23 ~'nc:: 4. OWN~R,s ~s~,o~s~mLm~s .......................................... :: .... ::::::::::: 2s ARTICLE 5. CONSTRUCTION COST ...................................................... 5.0. DEFINTI~ON ................. ' ................ 27 ~&'~6~&'~' ' · .............. 27 5.1. RESPONSIBILITY FOR ~'(~'~'¢ :::::::::::::::::::::: ............... 27 ~T~C:,~, 6. us: o~ ~cmr~.c~s ~Wm~s, s~.c:::c~oNs ~ OTHER ~NTS ARTICI.E 7. DISPLrTE RESOLLrl~ON ............. " .................................................. 28 ,42RTICLE 8. TER~MINATtON, SUSPENSION OR ABANDONME~ ................... 29 ARTICLE 9. NLISCELLANEOUS PROVISIONS ................................. ARTICLE 10. PAYMENTS TO THE ARCHITECT ..................... i ..................... 30 32 I0. ], REIMBURSABLE EX:PENSEg ........................................................................ 32 ~0.2.~^ym~rs ONACcOUx~ o~ ~c S:RV, C~S ................................. ~ ~0.s. ~'^Y~N~S oN ^ccotr~,rr o~ xr,r~rnoN~ s~wc:s ...................... s~ 10.4. P.A.YNIENT$ WITHHELD ................ ARTICLE 11 BASIS OF COMPENSATION ] 1,1. BASIC COMPENSATION .............................................................................. S~ 11.2. COMPENSATION FOR ADDITIONAL S~;RWCES .................................... $5 ~ ~.s.~moN~ P~O~S~ONS ........... ~c~,~_. :2. o~-mR commons oi':::::::::::::::::::::::::::::::::: .................... ~s Agreement Between Dublin Page i of i ~ al~d ~rchitect - l~br~ Augtmt lB, 1999 FROI;~ N[EY~ERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 16:58/ST. 16'56/N0. 4860102343 P 3 AGKEEFd_ENT made a~-6/e'~- ...... day of in the ),ear of BE~EN ~e ~: CiLv of ~b~ i 00 Cite PI~' ~b~, ~ 94568 BSA A C~o~a Co. ration 3.50 Parc A~ue, 3rd floor (toge~ ~e ~ ~d ~tc~ For ~e fo~o~g ~oje~: ~be a ' p~~ 37,000 sq~e feet ~ size, ~ ph~e-~ of ~~gs ~d op~afiom. ~e ~ is appromt~ 4 ag~. ~e ~ b~d~g ~ be d~i~ed ~d m~~ed ~o ~ to intc ate ]'l'.~S .~ CO~ITIONS OF AG~Eh~NT BE~VEEN O~R~ ~~.E 1. ~C~TECT'S ~SPONSIBILITIES 1.0.2. The Architect's servi~ sh~l be performed as expeditiously as is consistent with professional skill and care and the orderly progre.~ of the Worl~ Agreement Between Dublin Page 1 of 39 andArc_hltec:t - Library August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 16'58/ST. 16'56/N0. 486010ZB43 P. 4 I. 0.3. Exhibit A to this Agreement is a schedule for the performance o£ the Architect's services and completion of the Projec~ The schedule includes ,,~ allowance~ for periods of time required for the Owner to review and ~pprove subrniss~on~ by the ArchltecL The Architect shall completely perform e~ch service identified In ~e ,chedule prior to the completion dlte therein. If completion of a service or of the entire Proiect is delayed as a result of the Owner or other reviewing agency taking more time to review and apProve a' complete submission by rahe Architect than the mount of time provided in the schedule for such review and approval, then the c0mpletion date for that service or the entire Proiect, and the completion date for any service lhat cannot be commmaced or completed until said serdce is completed, shall be e.~:tenclecl b.¥ the ,m£nl>cr of d~ys bt excess of that provided in the schedule that the ©xx~ncr or odtcr rcxdex~ng agency took to review and approve the submission. In addition, if completion of a service or of the entire Project is delayed for other reason, through no fault of the Architect, the completion date for that service or the entire Project, and the completion date for any service tAat cannot bc commenced or completed until said service is complete& ~hall be extended by the number of days mused by the delay. 1.0.4. Architect shall not be compensated for may basic services which are not competed by completion dates set forth in the schedule for the Proiect. ARTICT~ g. SCOPE OF ARCFIITECT'S BASIC SERVICES 2.0. G~L 2.0.1. The Architect's Basic Services. consist of those 'described in Paragraphs 2.1 through 2.6 and any other services identLfied in Article 12 as part of Basic Services, and include norma/structural, mechanical and electrical engineering services. 2. I. PROGRAMMING and SITE ASSESSMENT, VISIONING AND CONCEFI~AL DESIGN 2.1.1. Phase I: Programming and Site Assessment. a. Proiect !n.l. tL~t.ion. ~.W'hc ArcbJtect x~.511 initiate the Proiect' and sct up a s.vstem for documenting the Proiect and organizing communication. (i) Project Kickoff Meeting. The Architect will convene a kick-off meeting, attended by key participants. The group will review and cortfirm the Proiect schedule. Initial a~sSgnment~ will Agreement Between Dublin mad A-m_hite~ - Library Page 2 of 39 August 13. 1999 ....... · ,-~..~ko0~ ....... (FRi)..18,.! 99-.1-6: 16:.56/N0,4860!02343 P. 5. be'identified and communications lines will be established among Project partidpants. Minutes will be kept and distributed. (ii) Inittal 'Site Tour. The_Architect and County Librarian and a representative of the City will tour the e_xist~g library site to introduce the Architect to key issues and problems. C~ii) Meeting Schadule. The Architect. will share with thc City Librarian and other key Project participants an initial 1/st of intervic'~'s and meetings to be scheduled. (iv) Phasing Discu~on. The Architect and key participants will review thc tw0-. phase plan so the Architect understands the City's and the Library's needs related to this issue and can incorporate thc phasing into the Project from the beginning. Based on the information gathered in this Project initiation stage the Architect shall prepare an updated Proiect schedule, llst of interviews and meetings, directory of Project partic2pants and mknutes of the Project kickoff and phasing discussion and distribute these materials to Proiect a ' ' p. rh cq>ants. b. Data C e e ,ma ,&n yas. The 3xchitect win work vath City and Alameda County Library staff to collect pertinent quantitative data regarding demograpInics of the Dublin community mad use of the Library, (i) Review E~. '.sting Studies. The Architect will gather and r_egaramg me sermce~ and operations of the Dublin Library and the ,Alameda County'Library to become familiar with any · premous planning efforts and goals and objectives for the library in the City. (ii) Gather and AnalyZe Communitv Demographic Data. The Architect wilI gather and organize dcmograpkic data for the DubIin community, both ~u'xcnt and pzojected, to develop a proP-de of the Library's servic~ population. This information will he used to guide the devel0pmemt of recommendations for collection growth, recommendations on seatAng capac~ ~ty, types of seats and other recommendations. The.. Architect will gather statistics offered by the Association of Bay Area Governments, Ag~e. ement Between Dublin a~d Ard-d~ cc~, - Library Page 3 of 39 · ' ~ _ga%mst I3, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 I6:59/ST. 16:56/NO. 4860?02343 P 6 thc State Department of ~anance, the City of Dublin and other sources, as needed_ (lid Gat~,er and Anal)~.e Librao~ Use Statistics. The Archi~ v. ct will work with Ijbrary staff' to gather and analyze any and all pertinent library use indicators, including current collcction s~ze, circulation levels, collection turnover rates, daily visitor counts, number of reference and informational questions, n~mbcr of L~brary programs given and attendance at programs. The Architect and Library staff will discuss issues and trends to detcrmh~c thc_ir significance in relation to the Library's space (iv) Confirm Current Library Spaces. The Architect will confirm the cxlsting Library's space altocat/ons, amount of shelving, average volumes per shelf, seating capacity, stuff work areas and other components to establish a baseline against which to calculate and confixm t/ac Library's future space needs. (v) G~ther and Interpret Sta~ng LcveI Data. The Architect will intervieW I!.brary staff regarding current and projected staffing lewcls to ensure that the building is programmed to accommodate the staff, both initially and in · 2010. In addition, the Architect will be able to use this info,'a'mtlon to appropriately program service desk configurations amd include pertinent direction regarding space adjacenciea and sight line recluiremcnts_ The dnta collected in this Section b x~Sil become a series of charts and tables that will be shared with City and Library staff and later incorporated into tt~e building program a~ appendices. c_ Conduct Library Staff Intmwlews. The Architect will h~tmwiew key Library $taff to be-eome familiar with the problems and ob~tade~ to providing the deaired level of public service at the existing Library and to gain understanding of the direction the Library plan, to pursue in providing scrv[cc tn the future. The different perspective$ of each staff membr_r and staff worl0mg group will enable the Amhitect to form a three dimensional "portrait" of both the library's currcaxt service profile and the ideal service profile desired by ,taff. Agreement Between Dublin Page 4 of g9 '~ and Architect - Library August 13.1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:00/ST. 16:56/N0. 4860102343 P 7 (i) Individual Sessions. The Architect will schedule and conduct individ,~,o_~ interviews, with the Dublin Librarian (c°m~unity Lib~ Suj~erVi$or), Adult Program librarian, C-:hil~'$ Program IJbrarian, Young Adult Program Librarian and IJbrary Circulation Supervisorl Each person will be a~ked a series of questions designed to eltcit their perception of ~4qat .aLs~ects of the ;,xi~t. in~ library ~rr ~,,rr~fi,! ..,4 ,.~.., ~.. ..... ,,-, ,.,c~r~aaavxcraa~, me ~ssues mey raised; and the port~ons of the building program that respond to their issues. (i5) Group Sessions. The Architect will meet wi. th the !_ibrar¥'s Circulation staff. Children's staff and Adult Reference st,~q" in three ~oups, to elicit their input on the library's issues and needs. These sessions will be coordinated with the indixddual interviews so the Architect will be able to hear all perspectives and get feedback from staff at various levels. Based on the information gathered in the data collection and analysis stage, the Architect will document the interviews in notes and transcribe them as minutes. cl. Conduct Public Input Meetings. The Architect will work with City and Library staff to Plan and conduct a maximum of three of public input meetings. (i) Plan and Ad~erti~ Public Meetings. The'Architect will Work with City and Library staff to identify key constimendes within the Dublin commurfity to invite to public input meetings. The City will decide which sessions will be invitation only and which will be open to all, best times and dates, advertising strategies and other topics_ r~lated to the success of the meetings. The Architect will prep.am publicity materials, press releases and .in some cases, invite inctividmls to each session. The City will distribute such materials,' press releases and invitations. (ii) Faci.litme Meeting. The Architect will organize and hcikitate each public meeting, to draw from each group the priorities and needs of th.e. constituency they represent. Sessions will be held either at the' existing library or at another easily accessible location- Agreement Between Dublin Page 5 of 0°9 and Architec~ - Library August I3, 1999 FiOM MEYEBS. NAV~z. ilBACK, SILVER & WILSON (FRI) 8.1~'99 17'00/ST. 16:S6/N0. 4560102~4B P 8 (iii) Summarize. and .Publish Meeting Minutes. The Architect will prepare minutes after each public meeting that express the recommendations and perspectives of participant~. Th~c vdll be shared with the City and Library staff and later incorporated into thc building program as an appendix. (iv) Special Interest Croups, The Architect w/Il meet with any ~pccial int~ groups, such as the Friends of the Library., whose input must-be incorporated. The Architect ~ confer with Library staff b~ore and after these sessions to ensure that the groups' desires are congl~mt Vdth Proiect goals and objectives. The A~chitcct will prepare written summaries of all public knput sessions. e. General Design Considerations. The A~tect ~ prepare a narrativc ~ct of g~neraI design considerations for thc exterior and the interior of thc n~w Library facility. These will indude requirements concerning all building systems and infrastructure, acoustl¢~al and lighting safety and security, shelving, furnis~gs ..... ~ ...... ous othcJs aspects of thc ~acilirs~. '/'his narrative wSI1 be one o£ the maior components of the building program. (i) Building Maintenance Interviews. The Architect will interview City ~nd Library personnel with maintenance r~pon~ibilltic~ for the Library building, as appropriate, to learn about problem~ with the existing building and to identify required and/or desired ~pecifications. Any City standards or specifications can bc incorporated into the program, as needed. (ii) Prepare Draft~. Thc Archimct will write a grst draft for City and Library ~ rcaricw. - Based upon the above information, th~ Architect ~ print the gcaxeral design con,iderations and incorporate them into the draft building program document. f. Space Component trod Adjacency Rcconunendations. Using the ird:orn~tlon gathered in above ,t~agc~ described the _Architect wsn prepare recommenchation, for target collection size, seating computer equipment and adjacency diagrams for City and Library revic-w. .~greement Between k~k,blin Page 6 0£39 .aJ,d A.r~J:~_~. - 12bra~ August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON '(FRt') 8. ]~' 99 17:01/ST. 16:56/N0. 4860102~43 P 9 (i) Prepare Collection Size and Shelving Recommendations. The Architect will develop a recommended pr,.,£1l'c fen the cotlek..tion in the target pla~ming year tied to the a-n(k:il'atcd Dublin community profile, linked to various rccognlzed size standard, £or public libraries and related to current trends in public library collection development. These recoznmcnd~tions wlll be reviewed and confirmed or adjusted by Library staff. A~sumptions about shelving types and heights for each part of the collection, as wdI a~ ptrcrmtage of shelves in use in the target- planning year, will also be decided. (ii) Prepare Seating Capacity Recommendations. The Architect will develop recommendations for seating capadties in each part of the Library, for Library review: These will be based on recognized seating standards for public libraries, as well as emerging trends being observed in CulTellt library construction and the infoxmatlon gathered in earlier tasks. (iii) Prepare Conceptual Level Technology Plan. The A.rahitect will prepare a Conceptual Level Technology Plan ~TechnologY Plan" means a detailed blueprint and execution prograta £or delivery of all data distribution, telecommunications, cable, ~xireless ~ibcroptic and internet services from service providers to terminals and workstations in the library where these sen.ices xxill be used. The ov~a/of the Technology. Plan shall be to provide the LibraD? with tectmotogies that are the best technologies curremtly ixt usc in other leading libraries, i.e. "state of industa~y" technologies, and to enable the City to cost- effectively update tl~esc tcclmologics so that they rema~ %tare of the industry." The Technology Plan should include, but not be limited to: electrical wapp!y, elet:~xlcal wiring, telecommunications service, teleeomxrttmications hardware, tclecommtmications wiring, cable ~ervice, cable wiring, hi§hspeed intemet access, wiring for computer networks, wiring for audio and audio-visual, and the location o£ any conaputcr/tclccommunlcations control rooms and workstaeions acce~g services in the Technology Plan. Agreement Between Dublin Page 7 of 39 and Architect - Library August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8, I3' 99 17:01/ST. 16:56~0. 4860102243 P .10 (iv) Phasing Recommemdations. The Architect will organize thc Library's spaces to Phase I and Phase II components, based on thc work performed in earlier tasks, so that the program can be undcr~tood tn tex~s of eIe_~ents required in 2003 and dements to be added in 2010. '(v) Devc. lop FunctJonaI Relationship Diagrams. The Architect will prepare diagrams that illustrate the relationships and adjaccncies between the various spaces within the Library and prcscnt thcan to Library staff for review. These will be re_flu.ned and adjusted for inclusion in the program. The .3,r¢-Jdtoct ~x.~ll intesrate each dement, in subparagraph 2.1.1 .f for the draft building progrmu. g. Building Program Preparation and Presentation. The Architect will write ail narrative portions of the building program and assemble them, along with the other sections of the document. The~e will be submitted for City' and Library review, until the final program is approved. The Architect win prcsent the Final draft program to the Dublin City Council. (i) Write Nan-ativc Space Descriptions. Thc Architect will write one-page narrative dcscriptions for each functional space for the new Library. Each ~,f these will also contain a list of the components for ea~ functional space with square feet required, adjucencies and special considerations. (ii) Draft Progr..am Revicvv and Approvals. The Architect wiI/assemble and print a Farst administrative draft of the program for approval by the City Council. h. Analysis of the Exi~tixt§ girl: and Constraints. (i) Prepare art Aualy~ Basc Plan. The Arch/tcct will start from the City's'survey of thc cadsting Civic Center site, and prepare an una~.?i~ base plan, mapping the ottler factors that migh: h-,tquence the Ardut~ct.s dc_sigut. These huclude required setbadcs, study and diagrams o£ noise and climatic factors, diagrams of exietlr~ vehicular and Fcdcatrian flow patterns and bloc footprints of the building and rCClUircd parking. Agreeament Between Dublin Page @ of 39 and Archit.ea- Library Attooust 13, t999 FROM ME~ER~, NAVE, RIBACK, SILVER & WILSON (FRI) 8,13'99 17 02/ST, 16 56/N0, 4860102~43 P 11 (ii) Ass¢~s Envirorunantal ConsCrainm Architect shall m~et with City planning and community services and public WOrks/engineering staff to' identify and assess environmental constraints and potential environmental constraints on the Project. Environmental constraints and potential environmental constraints that shall be identified and assessed include but are not limited to noise, soils, hazardous materials, biological impacts, and traffic_ Architect shall summarize the identified environmental constraizK$ and potential environmental constraints in a short written report to the City. (iii) Review City's 'Guidelines. Architect will, at this early stage, meet. with the City's planning staff, so that the Architect can learn of any other zoning or environmental constraints on the site. The Architect will look at maximum footprint, setback, FAR and height restrictions, as well as the City's guidelines for determining parking requirements. Based upon the nformation gathered in the above described stages, the Architect wiU t;rov~de to the CiD~ a site analysis drawing and a report documentlz~g mcetLrtgs 'wit]~ plauming staff and any other site constraints that will impact the Project. i. Project Budget and Schedule. (1) Establish a Faun Schedule and Budget. The Architect will meet with rClarescntatives of the CAt), alld Cotlllty library dministration staff to establish a fizm schedule and budget for the Project_ Information 'the Architect gathers in that 12aeeting with help guide latex phases of work. The Architect will draw upon the initial task £orce report, augmented by additional information from the Y~-~te~t's' cost to set lip a working budget document that tak~ into account anticipated costs for O ° ¢ nst~act, or~, fees axtd permits, cOns'a-uction management, tests and in.rpecfions, furnishings and equipment, Illoving and change order contingencies. If additional land is required, the Architect will also need to Luclucle acctuisltions costz in its overall budget. (ii) The Architect Will Work With CitY Staff. The Architect ~411 work with City Staff to refine the schedule submitted with tlfis document so that if. best represents both the City's requirements and a realistic assessment of the time B§reement Berx~ .'een Dublin Page 9 of 39 and ~rd,it.~ - Libra_r~.- ALtgtlst 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:02/ST. 16:56/N0, 4860102~43 P .12 required for each ptmae of work. Should environmental review be required, the Architect will need to adjust the schedule acc~rctb:.gly. Similarly, if the Project depends on any additional fu,'td~a.i.q~,g, tl~.~ /krchitc{:t ~5. lI need to adiust the schedule. Finally, the Architect will work with City staff towards the goal of a winter bid and spring construction start. Based on thc information, the Architect will provide the City prelimina~ budget report and a schedule document. 9_. 1.2. Phase II: Visioning. Th~ Phase involves the Architect,s facilitation of a public study session with the City Cmmci/, at which the Arcltitect would also invite all of the key participants of Phase I would also be Involved. The Visioning Phase vdll occur concttrrent with the Programming Phase. The Architect's role would be to pre~ent the prelimin~ building, program and site analysis and then to solicit input from the Council amd oth=r interested parties, as to theh: goals for the library. Among other issues the Architect will raise for discussion will be: a. Integrate into thc Community. How the library should be integrated into the City ~iwic Certtcr and the community? b. Parking. How to a2tdre,; the i~sue of providing adequate parl4ng xxqthout overwhelming the Proicct site? c. Relate to the Civic Center. How the library's architectural char&cter ~hould relnt¢ to tile existillg Civic C~rtter? d. Technology Plart. How to inc/ude the state of industry technology7 e. The Fee/ of the Place. How thc character of the various roams imSde the library should feel for patrons? The Architect's responsibility will be to provide information on the building program and site, to initiate di,cu~fion on varlom aap¢cts of thc Project, to mzmmarize the input of the Council and other partlcipaztt, into a goals document for the Project committee to work from. The Architect. will provide hand outs a~td wall charts, and work with a flip chart during thc session. Agreement Betwe~rt Dublin Page 10 of 39 a.nd Architect - Library August 13, t 999 FROM MEYERS, NAVE, RIBACI SILVER & WILSON (FRI) 8.13'99 17'03/ST. it:56/NO. 4860102343 P 13 Architect, including the landscape architect and the library consultant, will £acl/itate this work ~ezsion. Base~l on the information gathered in this Phase II, the Architect will write and submit to the City a vision statement and a list of goals for the Project, 2. I .g. Phase lie Conceptual Deslgn Alternatives. a. Development of Siti/'Altematives. (~) Study AJtemative Potential Locations. The Architect xx.ill Or. st look. at alternative potential Iocations for the Project library at the Civic Center site. For example, it may be worth looldng at some reconflguration of the parking lot so that the Project and cxSstlng City hall can have a better pedestrian relationship and more of a sense of creating an overall Civic Center. (ii) Rex&~,r Sit*~ with City. The Ard~itect will review these ~iting options with the'City to discuss the pros and cons of each, inducting potential cost implications of the different alternatives. (i) Space Configuration Diagrams. Whi/e the Architect is looking at site options, the Architect will look at ~e building's organization and the preferred relationships between the various components of the building program. The Architect will start with bubble diagrams Which simply address issues of adjacency, and expand these into more accurate space configuration cll grams, that incorporate thc actual size relationships of the space~ involved. (ii) Develop .plan Alternatives. Once a few-organizational alternatives are selected, the Architect. will match these to the site deve!nprne~t studies, and create a series of actual plan atternntives which incorporate the ~itc constraints at each potential location and the actual room layouts and configurations, (iii) Review with City Staff. The Architrct will meet with City staff at least three times to review these design options, Agreement Bet-ween Dublin Page 11 of 39 ~ndAmhitect- Library ~s.tlgo~ 13, 1999 FROM MEYERS, NAVE. RIBACK, SILVER & WILSON (FRt) 8. 13'99 17'03/ST. 16'B6/NO. 4860102~4~ P 14 discuss them, and decide 'on the three preferred directions £or Rather study. The Architect will review interior buildout pha.4ng options for each. ~ (iv) Refine Options. The Architect will prepare presentation drawings of the three prcferrcd alternatives including site plans and diagrammatic floor plans. tv) Pro}oct ?O. st Est_imam. The Architect will do a conceptual construction and Overall Project cost estimate at this pha~e, and will review' it with construction, cost consultants. Overall Project costs include construction, fees and permits, furnishings and equipment, and contingencies. (vi) Present to City Council. The Architect will present these materials to the City Council for its review and input. The goal is that thc Council will tdentify the preferred option. c. The conceptual design phase vail include a maxSmurn of four meetings, i~duding one public prese_ntation or study session. 2.1.4. Prior to completion of the Programming site assessment, visioning and concept pha, e and approval thzrzof by the City Council, the Architect shall submit to the Owner a preliminary estimate of Construction Cost based upon current area, volume or 0thor unit costs. The preliminary estimate of Construction Cost referred to itt thla 'paragraph and any adjustments thereto ~hall indicate, in a level o£ detail satisfactory to the Owner, the cost of each category or work involved in eorm..tructing th= Project and shall include an estimate of the period of time required from the commencement to the completion of corts~a-uction of the Project. 2.2. SCHEMATIC DESIGN PI-IASE . 2.2. I. The Architect shall provide a preliminary eval_ uation of the program as developed in the prelkninary phase, schedule and construction budget requirmment~, each h~ terms of the other, subject to the limitations ~et forth in Subparagraph 5.1.1. 2.2.2. Based on the mutually agreed-upon program, '~chedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docttments consisting of the following: .5=~ ~ emen, B ~ .x~ e...r, DuN in Page 12 of 39 and/~rcldtcct - I.ihrary August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8.13'99 17:04/ST. 16'56/~0. 4860102343 a. Code search or/ the building, induding meeting with representatives of the Commurdty Devdopment :f)q,anm. ent, 'Public Works Department and tire Dcpat t.ment to determine relevant code requirements b. Site Plan c. l. mndscapc and Open Space Plan prepared ht consultation with the Owner's Parks and Community Services and Public Works staff d. Parldng Plan e. Schematic Grading, Drainage and Utility PIan £. Floor Plan g. Building Sectlor~ h, Building Elevations i. . Preliminary. Engineering Diagrams ~nd/or System Descriptions j. Exterior Materials Board k, Outline Specifications I. Schematic Lcvel Phasing Plan m. gchematic Level Technology Piall n. Establish Process for Incorporating Art and Art budget 2.2.~. Should planning review or design review be required, the Architect shall prepare the necessary documentation to support the permit applications. 2-~'4. The Architect shall submit to the Owner a preliminary estimate o£ Con~tructlon Co~t based on current are. a, volume, materials and/or other unit 2.2.5. The work requircd in tlzis phase will illclude a maximttrn of eight. meetings. The eight meetings sh~l! indude a maximum of three public study se_ssion~ or presentations. 2.3. DESIGN DE~LOPMElqT PI-I~E 2.3.1. Based qn the approved_ Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the O~,ner, Design Development Documents consisting of the following drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electri~=l ~y~terrm, rrmte_rial~ and such other dements as may be appropriate or necessary to enter the co--on document phase. In preparing the Design Development Docuanents the Architect shall incorporate those value engineering recommencla~ibns from the Agreement Between Dublin Page 13 of 39 ~nd ~krchit=ct - library August 13, 1999 FROM MEYERS~ NAVE, RIBAC~ SILVER & WILSON (FRI) 8. 13' 99 17'04/ST. 16'56/N0. 48601'02~43P 16 Construction Manager which 'are approved by the City. The'Architect shn!! coordinate and rcview design concepts with City maintenance personnel. Building Code Analysis b. Site Layout Plan~ c. I ~ndscape and PreJimil~-y Irrigation m~d Planting Plans d. Grading, Drainage and UtilRy Plans e. Representative Site Details f. Floor Plans g. Phasing Flans h. k.q;.t.~tit).~ Mc~x,res To Address Envirolunental Constraints i. Roof Plm~ Buildlng Sections k. Exterior Elevations 1. Kcpresentativ¢ Wall Sections and Related Details Selected Interior Eldvations and Enlarged Plans st, Reflected Ceiling Plans o. Pmtlmlnary Door, Window and FLrtish Schedules p. £mactural Plan and Sections and Typical Details q. Mechamical and ElectrlcaI Layouts r. Schedules and Diagrams s. Outline Specifications t. Lighthag cutshcets u. AcCeS~ mad Egress Plans *. rSx~cure Plan~ w. Preliminary door, wtndow and finish schedules x. Design Level Technology Hart y. Art Plma 2_~.~2. The Architect shall submit to the Owner a more comprehensive Design Development estimate of Construction Cost based on current area, mate_~al~ volume or other unit costa; The pzelllItinary estimate of Construction Cost referred to in this paragraph and any adjustments thereto shall indicate, in a level of detail satisfactory to the Owner, the cost of each category or work {~vnlvect in con.~trtmting thc Pro~cct aJ~d shall ~nctude an estimate of the period of rime required ~om the comznenccment to thc completion of construction of the Proiect. 2.3.3. The work of this plaa,e shall include a maximum of eight meetings. The eight meetings shalI.include a meeting with appropriate representatives of the City or cmmty agencnes t° whom the clocummats wiI1 be submitted for pla~ check and permit~ and a presemtation to thc City Council at which the Agreement Between Dublin P~ge 14 of 39 ~ and2~tchitect - Library Augtmt 13, 1999 FROM MEYERS, NAVE, RtBAC~ SILVER & WILSON (FRI) 8. lY 99 17:05/ST. 16:56/N0. 4860102~4~ P 17 Architect will present the estimate of Construction Costs as required by ~ubparagraph 2.3.2. - ': 2.3.4. The Architect shall advise the Owner of any need or advisability of the Owner's securing arty te, ts, axtalyses, stu~es, reports, or consultant's services in connection w;th the development of the design and construction documents for the Project. 2.4. CONSTRUCTION DOCUMENTS PI-IASE 2.4. I. Based on the ~pproved Degign Development Documents aztd arty further adjustments in the scope or q~m!ity of the Project or in the conStruction budget authorized by the Owner, the 'Architect shall prepare, for approval by the Owner. Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project, including final furnishing and equipment selections, Final phasing plan, and structural and enex~ caleulatlons requlxed by the local building avathori0r. Said Collstruction Dgctm~ertt,' Drawlrtgs axtd Specifications shall 5.ncorp. ora~.e value en.~3eerSng recnmmenc!aticms From the Construction ?,.-Ia~a~¢r which are aiz, provcd by I.he City. 2.4.2. The Architect shall .assist the Owner in the preparation of the necessary bidding information, bidding .forms, the COnditions of the Contract, ~ and the form of Agreement. between the Owner a~d Contractor. Thc Architect's assistance shall be limited to advice on teckrd~ architectural matters and shall not include advice on legal or insurance matt. ers. Construction drawings and specifications, or other construc-~don documents or contract document~ submitted lmar Architect to Owner for approval or to any contractors for bidding or negotiation shall be prepared to the stmad~d of professional care and in compliance with all applicable codes, ordinances, statutes, regulations and laws, except, to the eJetent ex'pre, dy and s-pecixCically other,vise stated in detail in writing by Architect at the time of such submission. By submitting same for construction contract purposes, Architect certLfies that Architect has informed the Owner of any test, studies, a~aaly~es or reports which are necessary or advisabIe to be performed by or for the Owner at tlaat point in time. Architect shall additiov~lly confirm these facts in writirtg at such time. if Owner so requests. 2.zt.3. The Architect shall advise the Owner of any adjustments to previous preBminary estimates of ConStruction Cost indicated by changes in recluSremtmts or general market condStions. The Architect shall submit to the Agreement Between DUblin Page 15 of 39 and Archi~ect - Library August 13, 1999 FROM'-MEYERS, NAVE, RIBACICSILVER"&' WI'LSON" (FRI)' 8f'l~' 99"17':'05/ST:"16 ~ 567~qOf'4850f02~4~"P"lS" Owner updated estimates of.Construction costs upon completion o£ 80% of Proiect constmctlon documents. 2./t.4. Thc Axddtcct shall assist the Ogmer in connection with the Owner's re,pon,lbility for F-ding documents required for the approval of governmental authorities having iurlsdictton over the Proiect. However, the Owner is responsible for the payment of any costs related to the filing and processing o£ said documents. 2.4.5. Thc work of this phase shall include a maximum of eight meetings. 2.5. B~DDING OR NEGOTIATION 2./5. I. The Architect, following the Own~s approval of the Construction Doctrments and of the latest preliminary estimat~ of Construction Cost, shall assist the Owner in ob~ bids or negotiated proposals and assist in awarding and preparing contracts for constlnlction. The scope of services includes the preparation of addenda, whi~ ~-iII be i~sued by the Owner's Construction Manager. 2.5.2. Notwithstanding 5.1.I'if the lowest bona fide propose/, by a responsible general contractor satisfactory to the Owner for construction of the Project pursuant to the approved drawings and specifications, exceeds the total estimated construction cost of the Project by at least 10% as set forth in thc most recently adjusted and approved prellmlnazy, estimate-of Ccrnatruction Cost submitted by the Architect under thi~ article, then Architect shall, at its sole cost and expense, revise the dmw~ng~ xnd specifications as may be requia-ed by O~mer to reduce or modify the q~ml~ty or quanti ~ty, or both, of thc ~A, rork so tJaat the total Construction Cost of the Proiect will not exceed thc total Comtruction Cost set forth 'in the most recent approved pre_liminaxy estimate of Congtmction Cost. 2.5.3. Architect shall provide, the City a complete plan set of reproducable mylar drawings, and black and white 8 ~ inch by i1 inch Proiect spedfications. Architect shall also provide the City with an electronic ACAD fl4 version of the piton set drawings and an MS Word version o£ Pro~ect specifications. The City ~ u~e thc electronic plan set drawings and Proiect specifications only for record documentation. Agreement Between Dublin Page 16 of 39 andArchitec~-Libraxy August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:06/ST[ 16'56/N0. 4560102343 P 19 2.6. CONSTRUC"ITON I:'tiASE--'--iI)~TION OF ~ CONSTRU~ON CO~Cq- 2.6.1. Thc Architect's responsibility to provide basic services for thc Constructlc,a Phase under this Agreement commences with the award of the Contract for Construction and texln~ates si~ (60) days after substantial completion of construction of the Project. "Substantial completion~ as used in this paragraph shall mean the stage in the process of the Work when the Work or designated portion thereof is Suffiden~ complete in accordance with the Construct Documenta so the owxter can occupy or utilize the Work for its i_ntcndcd usc. 2.6.2. Thc .Arcttitect shall provide administration of the Construction Contract as set forth in AIA Doetmaent A20I, General Conditions of the Contract for Construction (1987 Bclition), together with, and as amended by the Owners supplementary general conditions and other documents included or incorporated into thc Construction contract. 2.6.5. The duties, re~portaibilitles artd lilztitatiOllS of authority of the Architect may' be reasonably re~cted, modified or ex-tended by the Owner afte~ the date of this Agrec~r/ertt, axt~t if they are substantially restricted, modified or extended without written, agreement of the Owner and Architect, then Architect's compensation shall be equitably adjusted. 9.tg.4. The Arelalte~t., 'with .t-he eoncutrence of the Construction Manager, shall generally oversee and review th~ wOrk- The Architect, with the approval of the Cormtructiort Manager, in each case, shall oversee the Contractor with regard to matters set forth in the Drawings and SpecLfications. In addition to any specific responsibilities assigned elsewhere in the Contract Documents, the Construction Marmger shall decide any and ali questions which may arise as to the rate of progr~s of the Work. The Arckitect shall have authority to act on behalf of the Owner only to tlae exit pr~vlded in this Agreement. 2.6.5_ The Architect shall visit the site once every two weeks or as ot.B.~r~q.;e agreed by the O~mer and ArcJaitet~ kt ~riting to become generally fa.rni~,iar x~q;h ihe pro~-ess and quali ,ty of the Work completed and to determine irt general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be requirexi to make exhaustive or continuous on-site inspections to check the quality or quantity of the Worl~ On the basis of on-site observations ~ an Arelaitect, the Archite~. shall keep the Owner informed of the progres~ and quality of the Work and shall endeavor to guard Agreement BetWeen Dublin Page 17 of 39 andArchitect-I, lbrary August 13, I999 the Owner against defects and dettdendes in the Work. The Architect shall issue written reports o£ such reviews and shall conduct additional reviews as an additional service hermmder at any other t~ne requested by the Owner. 2.6.6. The Architect shall not have control over or charge of and shall not be responsible for constJmction means, methods, techniques, sequences or procedures, or for safety precautions 'and programs in connection with the Worlc The Architect shall not be responsible for the Contractors schedules or failure to carry out the WOrk in accordance with the Contract Document,, T~ta Jk~d.i£=c[ ~ltall not have control over or charge of acts or orrtissions of the Contractor, gubeontractor,, or their agents or employees, or of any other persons performing portions of thc Worl~ 2.6.7. The ArcI~itect shall have reasonable access to the Work ~aherever it is [n preparation or progress. 2.6.8. ~xcelvt as may otherwise be-provided in the Contract Documents or when direct communications have bcc. n specially authorized, the Owner and .~-,~ntractor sJ~,~J.] comm~Jnica~c tatu'ou.§h ~],e Architect and the Construction Manager. 'I~e Construction Mmaager alt'all be a consultant of the Owner. The Owner ~hall have the sole right to hire and fire the Construction Manager. The Owner may consult with the Amtdtect regarding the selection and performance of the Construction Manager. Communications by and 'with the Architect's consultants shall be through the Architect. 2.6.9. The Arclaitect. and Conm~on Manager shall jointly review Contractor's Applications for Payment. The Construction Manager shall have the sole authority to certify and authorize payment of the alIlotmts due the Contractor. 2.6.10. The Architect's review for payment shall constitute a representation to the Owne3r, based on the Architect's observations at thc s~te as provided irt Subparagraph 2.6.5 and on the data. C°mprising the Contractor's Application for Payment, that the Work has progressed to thc point, indlcate~ and that. to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are gubject to an evaluation of the Work for conformance wi_th the Contract Documents xrpo. n 'Substantial Completion, to results of subsequent tests and inspections, to minor deviatiorus from the Contract Documents correctable prior to completion and to specific qualffications expressed by the Architect. The issuanm of a Cemificatc for Payment shall further constitute a repre, entation that the Contractor is cntltlcd to payment Agreement Bmxveen Dublin Page I I~ of 39 andArekitect - Library August 13, 1999 FROM MEYERS, NAVE. RIBACK, SILVER & WILSON (FRI) 8. 1~' 99 17:07/ST. 16:56/N0. 4860102~4~ P 21 in thc amount-certified. However, the issuance of a Cert/fi~tc for Payment shall not be a representation that' the Architect has (I) made exhaustive or cOntldu°us O~a-.s~ h~spections to dleck, the quality or quantity of the Work, (2) rcxdcwcd consuuc-dolx means., methods, techniques, sequences or procedures, (B) reviewed copies of requisitions received from Subcontractors a_nd material suppliers and other data requested by the Owner t° substantiate the Contractor's right to paymeitt Or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sttm. 2.6. I I. The Architect shall notify the City regarding any Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, for implementation of the intemt of the Contract Documents, the Axchitect shall have authority, with approval of the City, to require additional inspection or te~.g of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Are_~tect nor a decision made in good fal/h either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, matertal and equipment suppliers, their agents or employees or other persons performing porttons of the Work. ~m6..I:2.. ~e ,Ar .c~.'.te_ct ~hal/ review or take other appropriate aCtion u on tractor s ramrattals such as. Shop Drawings, Product Data and SampIe~P~or the purpose o£: (I) assuri~ compliance witl~ applicable laws, statutes, ordinances, code~% orders, rule~ and regulations; and (2) assuring that the ~'r_.T~_7_e~t, ed p~; ~ rcpresc~ted by such ~ubrr~ttals is in compliaalce wi. th the ~t!t -c.,,cnrs or me ~-ontract l)ocu~entz. Architect shall not lmowingly permit such aspects of the construction work to proceed in the absence of approved shop drawings and submittals. The Architect's action shall be taken within 10 working d~ys of receipt, '~ith an additional 5 working days for sub-consultant review, xmle~s otherwi,e agreed upon in advance of any specific submittals. Review of such submittals is not 'conducted for the purpose of determining the accuracy and completeness of other dethils such as dimensions and the quantifies for substantiating constructions for installation or performance of the equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Dooaments. The Architect's review :hail not constitute approval of sa/cry precautions or, tmle,~ othe~,G~e *pecifica/ty ~tated by the Architect, of constru~on means, methods, teelaniques, sequences, or procedures. The Architect's review of a specific item shall not indicate approval of. an assembly of which the item is a component. When professional certLfication of and Architect - Library August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:08/ST. 16:56/N0. 4860102B43 P.22 PenCormancc characteristics of matexiaI$1' syst~xrls or cquipmcnt'is required by the Contract DoCUmcnt~, the Amhttcct shall be entitled to rely upon such certification to ~tablish that tire mtextal$, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13. The Architect shall review and assist thc Owner or thc Construction Manager as dircc~d in prcpaxing Change Orders and Construction Change DireCtives, with supporting documentation and data ff deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Ownex~s approval and execution in accordance with the Contract Documents, and may -~,Jthorize minor ch,~mgc.s ],., t],c ]'Vor_l[ llOt involving an adjustment in the Contract gnnx or an c~xicnsion ~[ the Contract 'lime whictl are not inconsistent witt~ tl, te intent of the Contract Doc~e. llts. 2.6.14. The Architect ~all assist the Construction Manager in thc inspection and review of thc' Work. to determine' the date or dates of gubstantial Completion and thc dab of final completion, shall receive and forward to the Owner for the OWnc~ review and records written warranties and related documents required by thc Contract Documents and assembled by the Contractor, and shall issue a final ~cate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15. The Architect shall interpret and decide matters concerning pea-formance of 0~e Owner and Contractor under the' requirements of the Contract Docume. nt~ on written rcclue, at .of the Owner. The Architect's response to smch reqx,ests shall be made with rcasonablc promptness and within any time limits agreed l~pon. 2.6.16. Interpretations and cleciaiona of thc Architect shall be consistent with thc intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of dmvdngs. 2.6.17. Architect hereby represents, prcrmiScs and warrants to Owner chat - Architect is financially solvent and possesses sufficient exp~ertce, licenses, authority, personnel and worl-ing 'capitat to complete thc services required herexmder; that A;'ch~,tect h~ xfdt.ed the site for thc Project and thoroughly familiarized itself with the local conditions under which the ~crvices required hereunder are to be performed; and that Architect shall corrclatt: its observatiom t. hex, eof with ail of the requirementa of this Agrcmcxtt and of tht Construction Contract Documents. ~.ment Between Dublin Page 20 of 39 and Architect - Library August 13, I999 FROM MEYeRS, NAVE, RIBAC~ SILVER & WILSON (FRI) 8. 13' 99 17:08/ST, 16:56/N0, 4860102343 P 23 2.6.18. The Architect shall render 'written opinions as requested by the Owner within a reasonable time on all cia{ms, disputes or other mat.tezs in qUeSti°n"between the OwneX'and Contractor relating to the execution or progress of the Work as provided fia the Contract Documents. 2.7. DISAPPROVAL, PROGRESS PRINTS 2.7. I. Owner shall have the right to disapprove any portion of the Architect's work on the Project, including, but not limited to, schematic phase, design development phase, constxucfion documents phase, bidding or negotiation phase or construction phase work, and any other design work or docnnnents, on any reasonable basis, indudlng, but not limited to, aesthetics, or because in the Ownez's opinion, the construction cost of such design is likely to render such work or the Project infeasible. In the event that any phase of the Architect's work is not. approved by the Owner, the Architect shall proceed, when requested by the .Owner, with revisions are made to drawings previously approved under previous phases, in wlfich case such revision sendces ah.all be paid as addition;~l semriCCS. Should there be substantial revisions to the original program after the approval of schen~atic drawings, which changes substantialty increase the scop'e of design services to be furnished hermmder, Architect shall so notify Owner'in writing and receive approval from Owner, before proceeding with revisions nece~itated by such changes. No payment, of any nature whatsoever, w/Il be. made to Arckitect, for additional work or services, without such written approval by Owner. 2.7.2. Upon Owner's request at any time during the design or construction phases of this Agreement and as often as so requested, Architect shall promptly pm~,'dc Owner with progress prints.. Owmer shall at all times have reasonable access to the files and personnel 'of Architect relating to the Project in order to answer any reasonable questions Owner may have relating to the Architect's nrrfarmlflr nn th, limiJ', ~.0. GENERAL 3.0. I. The servi, c~s described in thi~' Article 3 are not included in Basic Services un]ess so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, irt addition to the compesasation for Basic Service,. The ~ervices de~cribed.tander Paragraphs 3.1 and 3.3 shall only be prodded if authorized or confirmed, in writing by the Owner and Architect. I£ services described under Contingent Adctitiona] Services in Paragraph 3.2 are required due tn circumstances beyond the Architect's control, the Architect Agreement Be~reen Dublin Page 21 of 39 and~rc_/~die~- I.lbr~j~ August 13, 1999 FROM MEYERS, NAVE, RIBAC~ SILVER & WILSON (FRI) 8. 13' 99 17:09/ST.'16:56/NO. 486010~4B P 24 shall notify the Owner prior to Commencing such services. If the Owner deems that such scr~ces described tmde~- Paragraph 3.2 are not required, the Owner shall give prompt 'wfitt~,, nc:rice to the Arckitect. If the Owner indicates in ~Titirtg that all or part o£ sucll Contingent Adclitional Services are not required, the Architect ,hall have no obliga.tion to provide those services. 3. I. PRO/ECT REPRESENTATION BEYOND BASIC SERVICES 3. I.I. If more extensive repre~erttation at the site than is described in Subparagraph 2.6.5 is required, the Akrclaltect shall provide one o~ more Proiect Representatives to asd~t in can3ring o~t ~uch additional on-~itc r~-~ponsibtlttlcs. 3.1.2. Proiect Repre~entative~ da,all be selected, employed and directed by the Architect, and the Architect ~h~l! be compensated therefor a~ agreed by the Owner and Architect_ The dutle~, respon~bilitie~ and limitations of authority of Proiect Representatives shall be described in the edition of AIA Document B352 current as of the date of this Agreemaent, male$s otherwise agree& 3.1.3. Through the observations by such Project. Representatives, the Architect shall endeavor to proVide further protection for the Owner against defect~ and de_~iciendes in the Work, but the furnishing of such Project representation shall not modify the fights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.2. CON'rlNG~ADDITIONAL SERvICIng 3.2. I. Making rex~sions in Drawings, Specifications or other documc-nts when ~uch rev'isio.ns do not conflict x~ith subparagraph 2.5.2 and are beyond the original scope of sera,ices or budget,.inc!uding revisions: a. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adiustments in the Owner's program or prOiect budget; b, required-by the enactment, interpretation or revision of ~odes, laws or regulation, subsequent to the preparation of such documents; or due to changes required as a result of the Owners failure to render decisions in a timely manner. 3.2.2. Providing services required bemuse of significant changes in the Proiect including, but not limited to, ~ze, q-n~ity, compIexSty, the Owners Agreeanent Between Dublin Page 22 of 39 and2krclaitect- Library August 13, 1999 schedule, or thc method of bidding 'Or negotiating and contracting for cortsta-uction. :B.:2.3. Preparixtg Drawings, Specifications and other documentation and supporting data, evaluating Contractoz's proposals, and providing other services lit connection with Chalige Orders and Construction Change Directive_s, when such Change Orders and Construction Change Directives are issued solc/y as a result of some action or inaction on the part of Owner. 3.2~4. Providing sera-ices ill c0Imection with evaluating substitutions r~?o.~d by ~;h~ c~,,,~u;.,ctor ~-nd mal,q:ng s~bsequent revisions to Dra~ngs, -qpeciflcatlons m~d ouhcr documentation resulting therefrom. 3.2.5. Providing consultation concerning replacement of Work damaged by_ fire or other cause during constmcnJon, and famishing services required in connection with thc replaccrnent Of such Work g.2.6. Providing ~crviccs made necessary by the default of the Contractor, by major defect~ or det:ici~nci~ tn the Work of the Contractor, or by failure of performance of either thc. Owner or Contractor under the Contract for Construction. 3.2.7. Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 51.2.R. I~v~-igimg ,~-,~l,~ hi c~. nnecflon w~th a public hearing, arbitration proceeding or legal proceeding cxcc-~t where the Architect is party thereto. 51.2.9. Preparing documents for alternate, separate or sequential bids or providing service, in connection with bidding, negotiation or construction prior to the completion of the Cortstruction Documents Phase. OPTIONAl. ADI)ITIONIAL SERVICES .ProxSdin~[ ana]vsis of 'due Ox~mer's need~.~ ~ncl progrn_mming the requirements for the Proicct. 3.3. I. Providing financial feasibility or other special studie~. 3.3.2. Providing spedal surveys, envimmencal studies and sulmals~ions required for approvals of governmental authorities or other~ having juriscldction over the Proiect 2~greement Between Dublin Page 23 of 39 and Architect - Library August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:10/ST. 16'56/N0. 4860102343 P~26 3.3.3. Providing services to make measured drawings of existing conditions or £acilltiea, except where such drawings are reasonab .ly necessary to permit the Architect to properly perform other Basic Services. 3.3.4. Providing services to verify the accuracy of drawings or other Lrfformatlon furnished by the Owner. 5.3.$. Providing coordination of. construction performed by separate contractors or by the Owner's own £orces and coordination of services required in connection with construction performed and equipment supplied by the 3.3.6. Participation in mee~ings in addition to those outlined in Article 2 of LIxis agreexnexxt. 3.3.7. Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of exi .sting facilities. .~...q.R. .%_bst:~::.ia] work in 'connection with the requirements of Owner's agents, rclvresca~tatives' vendors; i.e_ hankers, insurance company, etc. Proposed language for any ~eates or certffi~fio~ requested of the Architect shall be submitted to the Architect for review and approval at least 15 day~ prior to the date on which they are needed by the Owner or due to be submitted to others. Thc Owner shall not request and the Architect shall not ]~e required to executc ¢crtiflcate~'or CeJTifi~fiOll$ which would require knowledge or services beyond, the se0pe of this Agreement or which would impose on the Architect obligations which exceed the standard of ca2e. 3.~.9. Providing assiatance in the uti]i~tion of equipment or systems such a~ testing, adjusting and bMancing, preparation of operation and maintenance mature!s, training personnel for operating and maintenance, and consultation during operation. 3.3. I 0. Providing services after completiol~ of the Construction Phase. 3.~. I I. Provid~g services of cortsulta~ts for othe2 thall those listed in article 12.3 of this Agreement. 3.3. ] 9~. Providing ~ervices to create a ¢oIllput~ generated three dimensional "virtual modeI~ of the building, including $ copies of a video of the model. Agreement Between Dublin Page 24 of 39 and Architect - Library August 1.~. 199_0 FROM MEYERS, NAVE, RIBAC~ SILVER & WILSON (FRI) 8. 13' 99 17:11/ST. 16:56/N0. 4860102~43 P 27 ~l.:g. 131. Providing any other services not otheradse included in this Agreement or not custornarlIy furnished in accordance with gene_rally accepted ~rcl,J t.ectttral pra cfice. ARTICI.~ 4. OWNER'S RESPONSIBILITIES 4.0. The Owner shall with. the ass/stance of the Architect provide fu[l information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including special equipment, systems and site requirements. 4. I. The Owner shall with the as~ct of the Architect eatabllsh and update an overall budget for the Project, including the Construction Cost, the Owne/s other costs and reasonable contingencies related to all of these costs. 4.2. The Owner shall de~Sgnate a rep3esentative authorized to act on the Owners behalf with respect to the Project. The. OWner or such authorized representative shall render decisions in a timely mmaner pertaining to documenta aubmttted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.3. The Owner shall furnish surveys d~cribing physical characteristics, legal limitations and Utility locations for 'the ~ite 'of the Project, and a written legal description of the site. The surveys and legal information shall Lndudc, as app/icable, grades and lines of streets, alleys, pavements' and adjoining property and ~tructures; adiacent drainage; rights-of-way, restrictions, easements,.encroachrnen~s, zonlng, deed restrictions, boundaries and contoxtrs of the site; locations, dimensiom and nccessary dat~u pertaining to ezdsting buLldh~gs, other improvement and trees; and information concerning avaiIable utility services and lines, both public and private, above and below grade, including invem and depths. All the information on the survey ahall be referenced to a Project benchmarlc 4.4. The Owner shall filmish the services of geotechnical engineers when such services are requested by the Architect_ Such services may include but are not lixnited to test borings, test pits, determinations of soil bearing value~, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity te~ts, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. The ArcaXxitect shall review and confiz~ the sufficienT of any tests and information flxmished to Architect by or on behalf of the Owner pttrsuant to this Paragraph 4.4. Agreement Between Dublin Page 25 of 39 and Axehiteet - l-~hraxy Auomast I3, 1999 FROM MEYERS, NAVE, RIBAC~ SILVER & WILSON (FRI) 8. 13' 99 17'Ii/ST. I6:56/N0. 486010234~ P'28 4.4.1. The Owner shall furnish thc sm-'Hc~s of other comultants when such service~ are rcasonabty required by the scope of the Project and are requested by the Architect. ' 4.5. The Owner shall furnish structural, mechanical, chemical, air and water pollution test~, tcs~ for hazardous mat. exials, and other laboratory and environmental tests, inepections and reports required by law or the Contract Documents. 4.6. The Owner shall furnish all legal, accounting and insurance counseling services as ma? be necessary, at an3, time for Lhe Project, including auditing services the Owner may requLre to vcri~, thc C,~,~,u'actor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owl~e~r. 4.7. Unless otherwi,e expressly provided in this Agreement, the services, info~mation, surveys and rcport~ required by Paragraphs 4.3 through 4.7 shall be furnished at the Owners expense, and the Architect shall be entitled to rely upon the accuracy and completeneaa thcrcof. 4.8. Prompt written notice shall be 'given by the Owner to the Architect ff the Owner becomes aware of any fault or defect in the Project or nonconformance w~th the Contract Doc'cm'textt~. 4.9. To th~ extent that form, o£ o:rtific~ttm or cettificatiorts have not been agreed upon prior to the execution o£ d~i~ Agrcm~ent or"attached hereto by ~ay o£ exhibit, the proposed lang,,~ge of cert~cate~ Or cer~cattons wt~ich are requested off the Architect or A~hitect'~ con, ultants shall b= ~ubmitted to the Architect for rmriew and approval of =t le~t fourteen (14) day~ prior to the recluest~d or required execution date. Owner may require and Architcct. shall ex=cute, as part off its basic .~ervices hereunder, uny certificute~ or eertificitlom custom~, commonly or reasonable required on projeet~ o£ ttxls type. ax. 10. Th~ Owner ~lq=]l ractulre the Contractor 'to provide the Owner with record drawings indicating the location and ~ize ~£ ail underground or in, bedded construction not cnvered ~0n the orlginaI drawh~gs, change orders, supplemental drawings, or Shop D=a~ng~. The Contractor shall b= required to record such construction on reproducible drawing, ffumiMued to thc Contractor by the Owner. The Contructor shall be required to'~ubmit'complcted record drawings to the Architect £or review, guch a review by the Architect =hall not relieve the Contractor of his or her responsSbilities for the ~emzmcy mci comFlctene~s of the information recorded_ Agr.~xnent Between Dublin Page 26 of 39 and Architect - Library August 13, 1999 F 0kl N'AVE, RiB^ K, EiLV£R i igiL 0N (?Ri) 8. i5? 99 i'7' i6'56/? 0. 4860i0 545 ? 29 4.1 I. ?srot~ithstandlng anyd~g to the c~ntrary in this Article 4, the Owner ~hall be recluired to furnish information or services described in this Article 4 only to the extent that such information or service is both reasonably required and actually requested by Architect in order to perforlll Arc. bJtect's services under this Agreement. ARTICLE 5. CONSTRUCTION COST 5.0. DF_~FINITION 5.0. l. The ConStrt~ction Cost shall be the total co~t or e-stlmatcd cost to the Owller of ail eletrtents of the Project designed or ~pecifled by the Architc~ 5.0.22. The Construction Cost shall include the cost at current market, rate~ of labor artd matexials fum~hed ;by the Owner and equipment designed, specified, selected or specially.provided for by the Architect, plus a reaaonable allowance for the Contractogs overhead and profit. In adclltion, a reasonable all°Wallce trot COllfillge~de_~ shall be illduded for market conditions at thc time of bidding and for changes in the WOrk &n-lng construction. .5.0.3. Construction Cost does not include the compensation o£ the.. Architect and Architect's commlta~ts, 'the costs of the land, rights-o£-way, financing or other costs which are the responsibility of the Owner az provided in Article 4. 5.1. RESPONSIB~ ]FOR CONSTRUCTION COST $. 1.1. Evaluations of the Owhe~s Project budget, preliminary estimates of Constmctlon Cost and detailed estimates of Construction Cost~ it~ any, prepared by the Architect, represent the'Arcltitect's best judgrneaxt as a design pro£essional familiar with the constructiOn industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost o1: labor, matewials or equipment, over 'the Con'tractods methods of determining bid pric=, or over competitive bidding, llmrket or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estixnate of Construction Cost or evaluation prepared or agreed to by the Architect $. 1.2. Thc prelirrdnary estimate of Construction Cost as adjusted from time to ~e by thc Architect dttrlng' the Design Development and Construction Domunent Pha~c shall, upon approval'of this estimate and adjustments thereto by the Own~ at auch, constitute a ~fixed limit of Construction Cost" as tY~at term i~ used herein. Fixed lLmits, if any, shall be increased in the amount of an 2kgreement Benween Dubli~ Page 27 of :~9 and Architect - l'.~braO, August 13, ! 999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:12/ST. 16:56~0. 4860102~43 P 30 increase in thc Contract Stun occurlillg after execution of the Contract for Con st.ruct. Jon. ARTICLE 6. USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.0. Or/gina] drawings and sped_6icatiorts arc the property of the Architect; however, the Project is the property of the owner, and Architect may not use the drawings and specifications therefor for any purpose not rdati~g to the Pro)ect without Owner's consent_ Ownex shall be furnished with such reproductions of drawings and specifications as Owner may reasonably rcc/uirc. Ul~ort completion of the work or any earlier termination otc this Agreement under. Article B, Architect will revise drawings to reflect changes made during construct/on and he will promp~y furnish thc Owner' with one complete set of reprodudble record prints. Prints shall be furnishech as an additional $crv/cc, at any other t/me reque~-~, by Owner. All such reproductions shall be the pr°petty of the Owner who may u,c them without Architect's pcmrdssion for any property purpose relating to the Prcr}Cct, including, but not I/mired to, additions to or completion o£ the Projec~ 6. I. Submission or distribution o£ documents to meet official regulatory requirements or for similar purposes in' cdnnection with thc Proiect is not. to bc c~nstrued as publication in derogation otc the Architect's rcscrvcd fights. 6.2. Due to r/sk of damage, anomalies in transcription and modifitca~ozi dtzring use, ~tcther intended or otherwise, it is agreed that the Axchitcct slxal[ archive a copy of the dectronic media transferred to the .Owner, the contents of which it is expressly agreed shall be. cortdus/v¢ proof in nl~. disputes over thc content of electronic media furnished to Cbc Ownez. Hard paper copies of t. he information contained on the cJectronic media are available and their Use is recommended. Usc of thc electronic media at thc Owners clect/6n shall be at the sole risk o£ the Owner. ARTICI.I~. 7. DIEPU'I~-RESOLUTION -All claims, disputes or other mat~er~ in question between thc parties to this Agreement arising out of or relating .tn thi~ Agreement or breach thereof shall be subicct ~o mediation under the auspic~ otc a recogrdzed, neutral third-party profess/anal mediation service experienced in hanrllir~g construction ¢tispute~, or other mediation method or service acceptable to the parties, prlor ~o und~g any otahcr dispute resolution act/om A demand/or mediation ~haI1 be made within a rca~onabIc time after the claim, ..dispute or other matter in que~on h~ arisen. In no c~zcnt ,hail the demand for med/ation be made after the date when the inst/tu~ion'of legal or cqu/table proceedings based on such claizn~ dispute °r other matter tn question would Agreement Between Dublin Page 28 of mud Archkect - Library August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17'I3/ST. 16'56/N0. 4860102343 P 31 be barred by the applicable statutes of lim/tafions. The med/ation requirement in this Axticle 7 shall not prcclude either Party.from exercis/ng any legal right to sue. ARTICLE 8. TERNIINATION, SUSPENSION OR ABANDONMENT 8.0. This Agreement may be tcrmina/ed by either party upon not less than seven days' written notice should the other patty fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. ' 8. I. If the Project i, su.*.Fendcd by thc Owucr for more than 30 consecutive days, the Architect shall be compensated for Servicc. s performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for c~pcnscs incurred in the interruption and resumption of the Architect's senqces. 8.2. This Agreement may be texmlnated by thc Owner upon not leas than seven days' written notice to the Architect ih the ma:nt that the Project is permanently abandoned. If the Project is abandoned by the Own~ for more than 90 consecutive days, the Architect may te2mlnate this Agreemmt by giving writte~ notice. 8.3. Failure of the Owner to make payments to the Architect in accordance with this Agreement may be treated by the Architect as substantial nonperformance and cause for termination. No failure on the part of ~ith~r party of this Agreement to exercise its rights hexe~der shall be or operate as"a waiver, release or relinquishment of any fights or provera conferred under this Agreement. 8.4. If the Owner fails to make payment when due the Architect for serv/ces and expenses, the Architect may, upon seven '~' · . day.'.: .written notice to the Owner, smpend performance of servi~ under this Agreement~ 'Unless payment in full ts received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. 8.5, In the event of termination not the'fault of the Architect., the Architect thai1 be compensated for ~ ' * s~rxnc~s perforated prior to termination, together with Reimbursable Ex~enses then due. 8.6. In the event that the Owner ter!nlna~ ~ Agreement prior to completion of construction, or the Owner chooses to engage the Architect for partial or less than full services, the Owner agrees to indemnify, del:and and hold the Architect harmless from and against any and ail dairas, liabilities, mits, demands, losses, cost.~ and expen~e~, including reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon, acc~ing or resulting to any and all per~ons, Fmam, or any Agreelnent l~tWeell Dublin Page 29 of 39 ~mdArc~t=c/-~ August 13, I999 FROM-MEYERS;'NAVE, Ri BACI~" S I'LVER' &"WI LSON" (FRI) 8:'I 3' 99"I 7':'I 4/ST;"I §~. 567W0:'4860 other legal entity, on account of any damage or loss to property or persons, including death, arising out of thc Proicct, cxct~t where the Architect is foUnd to be solely llable for ,uch damagc~ or losses by a court or forum of competent iurisdiction. 8.7. In the event of any termination un'der this Article 8, the Architect consents to Ow~ter's selection otc another Architect of Owner's choice Lo assist the Owner in any .way in completing thc Project. Architect further .agrees to cooperate and provide any ~_n_~_m~__ation. m. ques,ted .? .OwnV in connection. with the COmpletion'of the Project ~,u [on, mu to_ama aumonzes the making of any reasonable changes to the desire m£ me ~roiect by Owner and such other architect as Owner may ~J~:*- a ..... '_?;--- provided by Arc~tcct which arc mtucsted by Owner after termination shall be fairly compensated by Owner. ARTICI.E 9. MISCELLANEOUS PROVISIONS 9.0. Unless othenvise provided, this Agreement shall be governed by the laws of the State of Califomia. 9. I. Should any legal proceeding be commenced bcm'een the parties to this Agreement seeking to .~tforce any of its pm.visions, indudi, ng, but not limited to, fee provisions, the preva~hng party in such a proceeding shall bc entitled,, in addition to such other relief as may be granted, to a reasonable mm for attorneys' fees which shan be d~ed by the court or forum.in such a proceccllng or in a separate action brought for that purpose. For purposes of. thia provision, "pzt-vailing palzaf' shall include a party which dismisses ~n action for recovery hereunder in ~xdmnge for payment of the sum allegedly due, performance of covenant, allegedly breached, or consideration substarttially equal to the relief sought in the action or proceeding. 9.2, Causes of action between the parties to this Agreement pertainm~ to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to mn not later than either the date of SubstalltiaI Completion for acts or failures to act occ-arring prior to £ub~tan~ial Complc'tion, or the date of issuance of the final Certi~cate for Payment for acts or £ailur~s to act occurring after Substantial Completion. - 9.3. The Owner and Archkect waive' ~ ri~ht, against each other and against the contractors, consultants, agents and employees of the other for damage, but only to the exttmt of actual recovery of any in~uranc~ proceeds. The Owner and _&rctfi~ct each ,tml/require similar waivers from their contractor, con~ulta~t~ md agent~. 9.4. The Owner a~d Architect, respe'.ctively, h~nd themselves, their parmers, s~ccessors, assigns and legal representatives to the other part3, to this Agreement and to the partners, successors, ass]~as and legal represenmtlves of such other party with 2kgreement Between Dublin Page 30 of 39 and Arc_h~ect - Library August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:14/ST. 16:56~O. 4860102343 P 33 respect to all covenants of thj. s A.gre.~mqent. Ne.it.h~ O~mer nor Architect shall nssign tJxi$ Agreement without tim ~q:.ittcn Consent of the other. 9.5. Thi~ Agreement represents the entire and. integrated agreement between the Owner and Arc_tzitect and supers .extes all .prior negotiations, representations or agreements, either written or oral. This Agreeanertt may be amende~l only by written instrument signed by both Owner and Architect. 9.6. Notlaing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or 9.7. Unle~s otherwlae provided in ~his Agreement' tile Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or dis'po,al of or exposure of persons to hazardous materials in any form at the Project site, ineluding but not limited a~'bestos,'.asbestos product~, polychlorinated biphmayl (PCB) or other toxic substances. The Owner acknowledges that the Architect i, unable to reasonably obtaln professional liability (Errors and Omissions) or other insurunce for clalm~ aristng out Of the performance or failure to perform professional ,ervlces related to the havestt§ation, detection, abatement, replacement or removal of products, materials or processes coring asbestos, asbestos-related materials, or other hazardous substances. Accordingly, the Owner hereby agrees that no Claim or smit for negligence, breach of contract, indemnity or any other cause of action will be brought by the Owner against the Architect arising out of the presence of asbestos, asbestos-related materials, or any other hazardous substance, in any form whatsoever, as defined by the Envi.ro~mmntal Protection Agency or any other public authority, in an3, b~filding or structm-e t/~at is the subject of scawiccs performed by the Architect on this Project. The Owner further agrees to indexrmify, defend and hold the Architect harmless from and against arty and all claims, liabilities, suits, demands, losses, costs and e~:penses, including reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interc~ thereon, ac.m~g or resulting to any and alt persons, ~rm~ or any other legal entity, on account of any damage or loss to - property or persons, including death, arising out of the presence of hazardous substance_s, including, but not limit~ to, asbestos or asbestos-related materials, except where the Architect is found to be ,olely liable for such damages or losses by a court or forum of competent jurisdiction. H°WCVer, Arch/tect shall report to the owner thc presence and location of any hazardom material which it notices. 9.8. The ArChitect shall have tlae right to include representations of the design of the Project, including photographs o£ the' =teaior and intm-ior, among the Architect's promotional and profer~viorml materials. Thc' Amtdtect's materials shall not include the Owner's confidential or proprieta_W information if the Own~ has previously Agreement Between Dublin and Architect - Library Page 31 of 39 August 13.1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 1~' 99 I7:iS/ST, 16:56~0. 4860102~4~ P ~4 advised the Architect in writing of the spedfic information considered by the Owner to be cor~idexttlal or proprietary. The OWll~ shah provide professional credit for the Architect on the construction sign axld in the promotional materials for the Project if euch items are prc~parcd. 9.9. Notwithstanding any other provision in this Agreement to the contrary, nothing contained hercln shall be construed: a. to constitute a guarante, e~ warranty or assurance, either express or im.pl~c,-t, 0,at the Architect's Ser~;ices will yield or accomplish a perfect outcome/or the project; or b. to obligate., the Arcahttect to exercise professional skill or judgment greater than that which can reasonably be expected from other architects under like circttmstances; or as an assumption by. the Architect of the liability of any other party. ARTICLE 10. PAYMENTS TO THE ARCHITECT 10.0. DIRECT PERSONNEL EXPENSE 10.0.1. Direct Personnel Expextse is defined as the direct ~xlarics of the Architect's personnel engaged oh the' 'Pmjec~ and the portion of thc cost of their mandatory and customary contributions and bene_fia~ related thereto, such as employment taxes and other 'statutory employee benefits, insurance, sick Icave, holiday~, 'vacations, pensiorus and similar contributions and bcne.~t~. 10.1. REI1VIBURSAtlLE EXPENSES 10.1.1. Reimbursable Expenses will be charged in addition to the compensation :for Basle and Additiollal Services and include ex~penses incurred by the Architect and Architec~c,s'employees and sub-consultants in lahe intP_rest of thc Proicct, as id~ntified in thc foltc~..4ng Clauses. These cos~ charged at a mark up of five percent (5%) above direct costs. Thc only expenses that shall be ReimbUrSable Expenses are d~cribed in this Section 10.1.1. Expmasc of trans~or/mtion in connection with. tile Proiect; ~pcx~cs in connection with authorized Out-of-towrt travel; long- distance communications; and fees paid for securing approval of authorities having ~urisdiction crver the Proiect~ Agreement Between Dublin amd Axchitect - Library l~age ~2 of ~9 August 13, I999 FROM MEYErS, NAVE, RIB^CK, SILVER & WILSON iFRI) 8. 13' 99 17:15/ST. 16i56/N0. 4860t02343 ? 35 b. Expense of reproductions,, postage and handling of Drawings, Specifications and other documents c. If au. fl. xorlzed tn advance by the Owner, expense of overtime work requiring higher.than reghi'ar rates. d. If authorized in writing in advance by the Owner, expense of renderings, rnoddls, 'computer. generated animation~ and/or mock- ups requested by the Owner. e. If authorlzcd in wr!ttng in advance by the Owner ex2vense of computer-aided degign and draft~tg equipment time when used in connection with the Projec~ 10.1.2. However, notwitl~tandin, g anvthinv in this Agreement, in no event shall Reimbursable Exqvenses exceed'S57,'000.° 0.2. PA¥1k~.NTS ON ACCOUNT OF BAfiIC SER¥ICE$ 10.2.1. An initial payment as set .£orth in Paragraph 11.1 is the minimum payment under this Agreement_ 1.0.2.2. Subsequent payments" for' Bs~ic Services shall be made monthly and, ~ere applicable, shall be in propox3don to services pefformect within each phase of service, on the basis set. for/h in gubp~umgmph 11.2.1. 10.2.3. ff and to the extent that the ti~e initially established in 11.3.1 of this Agreement is exceeded or ext~d~ through no fault of the Architect, compensation for any services rendered during the additional period of time sba11 be computed in the manner set forth in Subparagraph I 1.2.3. 10.2.4. Architect shall not be entitled to recei~,e pay~nent he. reunder until Architect has provided such lien Waivers, including lien waivers from Architect's consultants, detailed description of service~, and sworn statements of certificates regarding Architect's services and compliance with thc requirements of this Contract aa Owner may reasonably require in connection with Architect's request for payment. Agreement Bet~ Dublin Page 33 of 39 and J~rcttitec~_- Library Augttst 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI). 8. 13' 99 17:16/ST. 16:56/N0. 4860102343 P 36 10.3. PAYMENTS ON ACCOUNT OF ADDITION~a,L SERVICES 10.3. I. P~x, mnen/,~ on account 'of Lhe ~xchitect'$ Ad~on~ S~s ~d for R~mb~sabl~ ~~ ,h~ be' rode' money upon p~mm~on of ~e 10.3.2. ~~ sh~ pr~t ~.m~ a s~~t of ad~fionM r~d~ed ~d r~b~able '~~ ~d for ~e prece~g mon~. ~t~ ~p~s~ x~ve~ ~y fi~t to p~t for ~y ad~on~ se~ces r~d~ed ff ~te~ does not ~e ~t~ no~ce of i~ d~ ~at ~e se~ces ~e not b~ed = ad~fionM s~ ~n :~ (60) da~ follo~g 10.4. PAYMK~S WITHHELD No deductions shall be Xna.de from ~iae Architect's compensation-on account of penalty, liquidated damages or 'other sttuxs withheld from payments to contractors, or on account, of the cost o£ chaxtges in the Work other than those for which the Architect has been found to be liable. 10.5, ARCHITECTS ACCOUNTING RECORDS Records of Relrabursable Expenses and expenses pertain~g to Additional Services and services performed 6n. the basis of a multiple of Direct Personnel Expense shall be available~ to the Owner or the Owneda authorized representative at mutually convenient tlme~. These recorcLs shall be preserved by th.e Architect for a period of three )ream after ~M pax, mae_nC ARTICLE 11, BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.0, AN INITIAL PAYMENT OF Fifteem Thousand Dollars ($I5,000) shall be made upon execution of this Agreemextt and credited to the Owneds account at final paymenr~ 11. I. BASIC COMPENSATION 11.1.1. FOR BASIC SERVICES, as. described in Article 2, and any other services included in Article 12 as part o£ Basic Services, Basic Compensation shall be computed as follows: Monthly invoices shall be based on percentage of completion of Architect's sc_trices for each given phase, sub-consultant charges and reimbursable costs Agreement Between D~bli~ Pa~e 34 of 39 andd~xchitect-LJbra~ .August 13, I999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON .(FRI) 8. 1~' 99 17:16/ST. 16:56/N0. 4860102~4~ P ~7 'recurred during that period. Charges shall be on a Itunp sum basis, with a total fee for ser~ic~ of $909,000. Should the estimated maximum for each phase not ]be used, any balance shrill· cari-y, forward into the next phase of worl~ However, no portion of t/ac $208,000 budgeted for Bidding and Construction AdminiStration in ~ubparagraph 11.1.2 sha/I be used for another phase or service. I 1.1.2. Thc breakdown of rJae total fee for Architectural, Engineering and other sub-con~]tant scrvic~ b).~ 'ptmse is as follows. A more detailed brea]~do~x~ is t, ro~Sdcd i,.~ fi~Jfibit B. a. Phase 1 - Programmin. ' g and. Site Assessmentz $36,000 b. Phase 2 - Visioning:' $7,000 c. Phase $ - Conceptual Design Alternatives: $52,000 i Phase 4 - Sd~mm'tic I)~ga Phase: $82,500 e. Phase 5 - Design Deg. el0pment Phase: $I 79,000 f. Phase 6 - Construction Documents Phase: $344,500 g, Phas~ 7 L Bidding and ComtrucaOn AdminiStrationi $208,000 Total Basic Compen,ation: $909,000 Reimbursable expenses will be. char~., d in addition to rltese costs pursuant to section 10.2 I 1.2. COM?ENSATION FOR ADDITIONAL SERVICES I 1.2. I. FOR PROJECT REPRP~ENTATION BEYOND BASIC SERVICES, as d~scribed in Paragraph 3. I, compen~at;on .~ha/1 be computed a~ follows: 11.2.2. Should weeldy site representation by the Architect be de,ired the Owner, an additional amount of $15,000 would be added to the basic servlc~ fee for the Construction Phase. 11.2.3. FOR ADDITIONAL .SERViCES OF TH~-ARCI41TECr, a~ described in Articles B and 12, other than (1) Additional Project l~pmsmatafion, as described in Paragraph 3. I, &nd (2) ~erdces included {n Agreement Between Dublin Page 35 of 39 ~md Axchi%ect - Library August 13, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. I~' 99 i?:IT/ST. 16:56/N0. 4860102~43 P ~8 Article 12 as part of Basic Services, but excluding services of consultar~ts, compermati°n shall be computed ~ follows: lh'o}ect Manager $95 / hour Senior Dcslgner or Technical Architect $ I 1 O/hour Intermediate Arc~tect $ 75/hour Junior Architect $ 60/hour Administrativ~ $35 / hour The Arclzitec~ r~,crvcs thc right to adiust these billing rates annn~!iy in re-~ponse to salary adju~tm~.ntm. However, such adiustment in billing rates will not result in any increase in agreed total fees for the' Pro}cct~ FOR ADDITIONAL SERVICES OF SUB-CONSULTANTS, including' additional structural, mechanical and electrical engineering services and those l~roviclect under Subpara~raph 3.3.11 or id.~fl~ tilled in Article 12.3 as part of A_..dM;tionml Ser~.cc~, a mu.ltiplc ~f ont. poinl~ five (1.05) fillies the amounts billed to the Architect for such ~crvic.~. I 1.3. ADDITIONAL PROVISIONS I 1.3. I. I1: THE BASIC SER..~CES covered by this Agr~c. nt have not been comp].eted within forty (zt0) mOntl~ of' tl,~ Hate hereof, darough no fault of the ~rc. hitect, ext~lsioll of the Architect'~ services beyond tlkat time shall be compensated at the hourly rates provided in subparagraph 11.2.3. The scope of the Basic Services may be changed with the written cons~mt of both parties. I 1.3.2. Payment~ are due and payable thirty (~0) day~ from the date of thc Architect's invoice. Amounts unpaid fdrty-~ive (45) days after thc invoic~ date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevaillnll from time to time at the principal place of O~ ~Mf~f~ Frr~ (0.$%) p~r~prr m~. Any =noun~ in dispute ~hall not be subiect to such interest. 11.3.3. The rates and multipl~S s~t forth for Additional Services sb-ll b~ ann~lly adiusted in October in acaordance with normal lal~ry ~ ' ' Ag, zeement Berweem Dublin Page 36 of 39 andArchitea-Library August I3, 1999 FROM MEYERS, NAVE,- RtBACK, SILVER St WILSON (FRI) 8. I3' 99 17:17/ST. 16:56/N0. 4860102~4~ P ~9 ARTICLE 12. OTHER CONDITIONS OR SERVICES 12.0, .&rchitect shall mahat~n tkroughout the period of this Project and for a period of three years thereafter, a ~ta_nd_~.rd 'form of error~ and omissions insurance with an insurance company satisfactory to the Owner. ~w--hitcct shall also matntain insurance coverage for comprehensive general liability, automobile liability and workers' compensation in forms and mounts ,atisfactory to Owner. Architect shall assure that any artd all consultants engaged or employed by Architect carry, and mairttain similar inmlmnce with reasonably prudent, limits mad coverages irt light of the services to be rendered by smeh consultants. ArelMteet shall submit to Owner proof of such instlranc~ iii alllolmt~ satisfactory to Ow~er. 'l~te mainte~t~axtce in full currertt force and effect of such form and amount'of insurance, in such amount as Owner shall have accepted, shall be a condition precedent to the Architect's exercise or enforcement of arty rights under this Agreement. The insurance policies shall incorporate a provision requiring written notice to the Owner at least thirty (30) days prior to any cancelation, non-renewal or material modification of the pblicies. 1~2. I, IND--. Arc]xitect ~ha]l irtd~, defend and save Owner, its a~e~ltS, officers and employees harmless from and agairtst any and all/iabillty, claims, suits, actions, damages aJ~td/or causes of act~.'on, ari~Lrtg during the term of this agreement out of arty personal injury, bodily injury, lo,s .of life or damage to property, violation of any federal, state or murtieipal law or o 'rdi~ee or othe~ cause in connection wirtl the activities of Architect, its employees or agents or on account of thc pcrformance °r °t the Wo to the or omissions of t. he Architect, Approval of tJae irmur~me coverage docs nut relic-ye the Archkect of liabili .fy under this hademnif~cation clau~e. Owner shall irtdenm~, defend and save Architect, its agents, offleers artd employees harmless from and against ally and ali liability, claims, auits, actions, daxrmgr~ and/or causes of action, arising during the term of thi.q agraement out of any personal injury, bodily injury, loss of life or damage to' property, vlolatlon of any federal, state or municipnl taw or ordinance or other caTM in eormeetion with t. he ac0vitie$ of Owncx, its employees or agents or on account of the.performance or charaet, er of the work to the extent c2used by negligence through either sets, errors or omissions of the Owner. Approval of the insurance coverage does not relieve the Owner of liability under this indemrt~eation clause. 12.2. PRINCIPAL ARCI~TECTS:...The Parties agree that Mark Schatz, Steve I_nvell and Carla Culbertson shall be the prineipaI representative~ of the Architect ('Principal Consultants"), Mr. Sca~tz, Mr, Lov~ or Ms. Culberton shall either personally perform or supervise the activities of the Architect described in this Agreemertt. The Architect may not substitute ~ny other architect for either of the Agreement Between Dublin Page 37 of 39 and Architect - Library August I3, 1999 FROM MEYERS, NAVE, RIBACK, SILVER & WILSON (FRI) 8. 13' 99 17:18/ST. 16:56/N0. 4860102343 P 40 Princip_a.1 Consultants %vtthout.th¢. p~al~...con~n.t.ofth~_C~ty, which' consent shMl not be unrcasonmbly withheld. 12.~. $LrB-CONSULTANT$: ~n ~fldition (o those of thc ~,rchitect, thc services to be performcd under gtc terms of this agreement include the work of the following sub-cortsultanta, listed by trade: a. Library Programm~g Kathryn Page b. Structural Engineering: Forell Elsesser c. Me~lcaI Engineering~ Guttmann & Blaevoet d. Electrical Engineering: O'Mahony & Myer ¢. Specifications: to be deteamined £. Cost Estimating: Davis Langdon Adamson g. I._ndscape Architecture: Carducci Azsociatez h. Civil Engineering: Ruggied Jensen Azar i. Acoustical Consulting: Charles Salter & Associates j. Signage and Graphics: to be determined 1~ Energy Analysis: BEC Consulting 1. Interiors: BSA Architects If at any ~ime after entering into..t!xis Agreement, Owner has any reasonable objection to any such person or' entity, Architect shall promptly propose substitutes to whom the Owner has no reasonable objection, and the Architect's compensation shul! be .equitably adjusted to reflect any difference in the Architect's cost~ occasioned by such substitution; however, no increase in the Architect's compensation herein shall be allowed for any such Agreement Between Dublin Page ~1~ of 39 and Architect - Library Augmt 13, 1999 FROM MEYErS, NAVE, RIBACK, SILVER & WILSON ' (FRI) 8.13'99 17:lS/ST. 16:56/NO. 4860102~4~ P 41 Dublin Library Pr._.~o.po~d $ch~(~u[e foe Architectural and E, Bine~ & ~'g~eeen{ FI~i AllefFalJve 4.- Soherna4b I~n . W~ ~ M~ SD Co~ DocumeMaU~ DD C~t E~im~te :o~l Prese Ph~ 6 - Cms~on ~cumen~ 50% CD 90% CD ~m,te Plan Cho~- R~ck ~Ons~On - 0 Dublin Library <: ~ C~~' s ~i ..... i. ::t~o S ai~ t.. .' . S, ~1,~ ~, · , , ~ .- - .. .- ] . ' ~ ~b. l~ exF~in~ ~arapo~mil~n m~ ~mg, ~ m~ [~xchar~ m~d expf~s ~ ~e: Co~ ~on ~[ ~k~ slle ~lb ~ ~g ~ ~ ere ~ff~m ~. ~ ~ ,~' Certificate of Insurance Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF PROFESSIONAL PRACTICE INSURANCE BROKERS, INC. INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 10 CALIFORNIA STREET NOT AMEND, EXTEND OR ALTER THE COVERAGE REDWOOD CITY CA 94063-1513 AFFORDED THE POLICIES USTED BELOW. (~so) 3oo-69oo ........... ,Fa=, Insureds Name and Address: Companies Affording Policies: ~ AMERICAN MOTORISTS INSURANCE CO. - SF BSA ARCHITECTS ~. AMERICAN MOTORISTS INSURANCE CO. - SF 350 PACIFIC AVENUE c: o: AMERICAN MOTORISTS INSURANCE CO. - KSA SAN FRANCISCO CA 94111 E: CONTINENTAL CASUALTY COMPANY F.' COVE:RAGES; THrS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAV~ BEEN I.~LIl~) 1'O THE IN~LtRED NAMED A~OVE FOR THE POLICY IzEPJOD INDICATED. NOTW~ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTR, ACT OR OTHER DOCUMtENT WITH R:E~PECT TO WHICH THI~ C~RT'IFICATE MAY &E ISSUED MAY PERTAIN, THE INSURANCE AFFORDED eY THE POLICIF.~ DESCRIBED HE:iqI~N IS SUBJECT TO ALL THE TERMS. EXCLtJ~O~. AND CONDrTIONS OF SUCH POuCtF_~, TYPE OF INSURANCE POLtCY NUMBER EFF. DATE EXP. DATE POLICY LIMITS GENERAL LIABILITY General Aggregate: $2,000,000 [] Commercial General Ltabll[t 7jW235356-00 10/1/98 10/1/99 Products-ConVOps [] Claims Made Aggregate: $2,000,000 Ai [] Occurrence i Pemonal and Adv. Injury $1,000,000 [] Owner's and Contractors leach Oco.,'rrence: $1,000,000 Protective Fire Drag. (any one fire): Sl,000,000 [] AUTO LIABILITY Combined Single IJmit: $1,000,000 [] Any Automobite 7WW235356-00 9rZS/gS 9r2S/g9 Bodily Injury/p~raon: l{---~ All Owned Autos Bodily injury/accident: I~"'~ Scheduled Autos Property Damage: $0 [] Nan-owned Autos [] Garage Liability EXCESS LUmrLn'Y ........ Each Occurrence: '~C [] Umbrella Form Aggregate: [] Other than Umbrella Form WORKERS' Statutory Limits COMPENSATION 7CW23538808 9/1/98 9/1/99 Each Accident: $t,000,000 D AND EMPLOYER'S Disease/Policy Limit. $1 LIABIL~ Disease/Employee: E PROFESSIONAL AEN 1t4 04 57'5 3 10/7/95 10/7/99 Per Claim $2,000,000 UABILtTY AgFregat~ Description of ©pemtions/l.o~fion~dVoh[¢l~s/R~ri~ons/$pooial Itom~: All operations of the Named Insured. Oetneral liability only: City of Dublill, its 8ppoint~d or elected offi~em, officials, employees, and authorized agents am named es Additional Insumds but only as respects liability arising out of the Named lnsureds' operations in professional Services Agreement, *Written at aggregate limits of liability not less than amount shown. 'rile AG,~P..EGATE UMW IS TH~= TO~'~' II~u~ AVAILABLE FOR ~ PRESENTED WITHIN THE POtJCY FOR, ALL OPERATIONS OF ?ND. ~NSURED. Certificate Holder: CANCELLATION: CITY OF DUBLIN ExpmA. no~ DA'n-- TH~.=OF, THE ~;SUING CO.ANY..r? Ac-~rrs OR RE~,R~aENT^'i'NES Vat. C ~ '~0 DAYS Vaml"TEN NOTI,.,E TO THE CER"RFICATE ~ 1 OD C{ViC PL,~ HOL_n~_R NAME. D TO THE ~, EXC'EFT IN THE EVENT OF.C,~NCELLATtON FOR NON- DUBUN CA ~5(~B PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS No'nCR W~t. I~E GNEN, ATTN: H-=RMA LICHTENSTIN ~d P,~:~esan~.,~. -~ ~. _ _ ~-~99 6505661~55 PPIB 661 P03×05 AUG 06 '99 16:00 AMERICAN MOTORISTS INSURANCE COMPANY ARCHITECTS AND ENGINEERS PROGP~4 ENDOR~EM~N~F THIS ENDORSEMENT CHANGES TI-IE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following GENERAL LIABILITY POLICY for. Insured: BSA ARCI~TECTS Policy: 7JV~23536~-00 Effective: 10/1/98-10/1/99 ADDITIONAL INSURED -OWNERS, LESSEES, LOSS PAYABLE OR CONTRACTORS FORM B City of Dublin, its appointed or elected officers, officials= employees, and authorized agents TYPE OF OPERATION Professional Services Agreement (If no entry appears above, Information required to complete his endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section C) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work performed for that insured. ~UTHORI~D REP~t~$ENTATIVE August 6,1999 Certificate of Insurance Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MA'I-FER OF PROFESSIONAL PRACTICE INSURANCE BROKERS, INC. INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 10 CALIFORNIA STREET NOT AMEND, EXTEND OR ALTER THE COVERAGE REDWOOD CITY CA 94063-1513 AFFORDED THE POLICIES LISTED BELOW. '~ (650)369-5900 Fax: (650)366-1455 / Insureds Name and Address: Companies Affording Policies: A: AMERICAN MOTORISTS INSURANCE CO. - SF BSA ARCHITECTS B: AMERICAN MOTORISTS INSURANCE CO. - SF 350 PACIFIC AVENUE c: D: AMERICAN MOTORISTS INSURANCE CO. - KSA SAN FRANCISCO CA 94111 F: CONTINENTAL CASUALTY COMPANY F: I COVERAGES: THIS IS TO CERTIFY' THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER EFF. DATE E. XP. DATE POLICY LIMITS GENERAL LIABILITY General Aggregate: $2,000,000 ![] Commercial General Liabilit 7JW235366-00 10/1/98 10/1199 Products-ComJOps [] Claims Made Aggregate: $2,000,000 A ~ Occurrence IPersonal and Adv. Injury $1,000,000 [] Owner's and Contractors Each Occurrence: $1,000,000 Protective i~ire Drag. (any one fire): $1,000,000 AUTO LIABILITY Combined Single Limit: $1,000,000 ~ Any Automobile 7WW235366-00 9/28198 9/28/99 Bodily Injury/person: $0 [] Ail Owned Autos Bodily Injury/accident: $0 [] Scheduled Autos Property Damage: $0 B ~ Hired Autos [] Non-owned Autos '~ll ii [] Garage Uabitity EXCESS LIABILITY Each Occurrence: C II] Umbrella Form Aggregate: ![] Other than Umbrella Form WORKERS' !Statutory Limits COMPENSATION 7CW23536608 9/1/98 9/1/99 Each Accident: $1,000,000 D AND EMPLOYER'S Diseese/Policy Limit: $1,000,000 LIABILITY Disease/Employee: $1,000,000 Per Claim $2,000,000 F: PROFESSIONAL AEN 114 04 575 3 10/7/98 10/7/99 LIABIL~ ~'TY Aggregate $2,000,000 F Description of Operations/LocationsNehicles/Restrictions/Special Items: · All operations of the Named Insured. General liability only:. City of Dublin, its appointed or elected officers, officials, employees, and authorized agents are named as Additional Insureds but only as respects liability arising out of the Named Insureds' operations in Professional Services Agreement. *Written at aggregate limits of liability not less than amount shown. THE AGGREGATE LIMIT tS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. I I Certificate Holder: CANCELLATION: ;HOULD ANY OF THE ABOVE DF_SCRIBED POLICIES BE CANCELED BEFORE THE CITY OF DUBLIN EXPIRATION DATE THEREOF. THE ISSUING COMPANY, ITS AGENTS OR 100 CIVIC PLAZA REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON- DUBLIN CA 94568 PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. H A'Fi'N: HERMA LICHTENSTIN Authorized Representa~ -,. /. 8/6/99 gy II AMERICAN MOTORISTS INSURANCE COMPANY ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAKEFLrLLY. This endorsement modifies insurance provided under the following GENERAL LIABILITY POLICY for: Insured: BSA ARCHITECTS Policy: 7JW235366-00 Effective: 10/1/98-10/1/99 ADDITIONAL INSURED - OWNERS, LESSEES, LOSS PAYABLE OR CONTRACTORS FORM B City of Dublin, its appointed or elected officers, officials, employees, and authorized agents TYPE OF OPERATION Professional Services Agreement (If no entry appears aboVe, information required to Complete this endorsement Will be Shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section C) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work performed for that insured. August 6,~9~9 - -