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HomeMy WebLinkAboutReso 91-059 - Approve the agreement for Museum Design work between the COR, Alliance of Redding Museums, and GHA Architects, PC RESOLUTION NO. i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT FOR MUSEUM DESIGN WORK BETWEEN THE CITY OF REDDING, ALLIANCE OF REDDING MUSEUMS, AND GHA ARCHITECTS, PC, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the attached Agreement for museum design work between the City of Redding, Alliance of Redding Museums, and GHA Architects, PC; and 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid Agreement, when appropriate. 3 . That a true copy of said Agreement is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 5th day of February 1991 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None NCY B UM, or City Af Redding ATTEST: FORM PROVED: �j h (__1?-6 ZU.��d .Q ETHEL A. NICHOLS, City Clerk RAN ALL A. HAY8, 911ty Attorney T H E A M E R I C• A I N S T I T U T E F A R C H I T E C T AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AiV ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT j made as of the First day of November in the year of Nineteen Hundred and Ninety I BETWEEN the Owner: Alliance of Redding Museums 'j (Aance and address) P.O. BOX 185 Redding, CA 90099 and the Architect: G H • A Architects, Pc (.Name and address; 34 Northwest 1st Avenue, #406 Portland, OR 97209 i a For the following Project: (Include detailed description of Project, location, address and scope.) PROJECT: The Alliance of Redding Museums (ARM) , including the Carter House Natural Science Museum, the Redding Museum and Art Center, and the National Logging and Timber Products Museum. LOCATION: Turtle Bay West and Benton Ranch SCOPE: Master plan, architectural, landscape, and exhibit design for the ARM. Architectural and landscape design scope will include construction observation and administration. Exhibit design will include design phases through documentation for construction. 1 The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,©1987 by The American Institute of Architects. 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecu[ion. j I AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • MA's • ©1987 i THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20(Nxi B141-1987 1 i 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect, Architect's employees and Architect's se the Owner of any adjustments 2,3.2 The Architect shall advise consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate a vi Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiousiv as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for ments and anv further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner, the Architect shall prepare, for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifica- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construc- t the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract, and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. j 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES sated by changes in requirements or general marker conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for 2.1.1 The Architect's Basic Services consist of those described the approval of governmental authorities having jurisdiction in Paragraphs 2.2 through 2.6 and any other services identified over the Project. 9 in Article 12 as part of Basic Services, and include normal struc- rural, mechanical and electrical engineering services- 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program famished by the of Construction Cost, shall assist the Owner in obtaining bids j Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing i arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 1 'J 2.2.2 The Architect shall provide a preliminary evaluation of 2,6 CONSTRUCTION PHASE—ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences 2.2.3 The Architect shall review with the Owner alternative with the award of the Contract for Construction :Ind rermi- approaches to design and construction of the Project. nates at the earlier of the issuance to the Owner of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Payment or 60 days after the dare of SUbstan- and construction budget requirements, the Architect sha11 tial Completion of the Work. prepare, for approval by the Owner, Schematic Design Docu- 2,6.2 The Architect shall provide administration of the Con- merits consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless I estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties, responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not he restricted, modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not he unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMF-NT • FOURTEENTH EDITION • AIA", • U 1,)87 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200(K, B141-1987 2 I ' R 2.6.4 The Architect shall he a representative of and shall advise quantity of the Work, (L) reviewed construction means, meth- and consult with the Owner(1) during construction until final ods, techniques, sequences or procedures, (3) reviewed copies payment to the Contractor is due, and(Z)as an Additional Ser- of requisitions received from Sllhcontracu)rs and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Contractor's right to payment or(,+)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authoritv to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary Or advisable for impfementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents, the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection ur testing of the determine in general if the Work is being performed in a man Work in accordance with the provisions of the Contract Docu ner indicating that the Work when completed will he in accor- merits, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed. However, neither this authority of the Architect nor j shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exec- ; inspections to check the quality or quantity of the Work. On cise such authority shall give rise to a duty or responsihility of the basis of on-site observations as an architect. the .Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or emplovees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. 9 defects and deficiencies in the Work. (Afore extensive site representation may be agreed to as an Additional 5ert,ice. as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3.2.) appropriate action upon Contractor's submittals .such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means, methods. and the design concept expressed in the Contract Documents. techniques, sequences or procedures, or for safety precautions The Architect's action shall he taken with such reasonable and programs in connection with the Work, since these are promptness as to cause no delay in the Work Or in the con- solely the Contractors responsibility under the Contract for struction of the Owner or of separate contractors, while allow- Construction. The Architect shall nor be responsible for the ing sufficient time in the Architects professional judgment to Contractor's schedules or failure to carr,•out the Work in accor- permit adequate revien. Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and corn- have control over or charge of acts or omissions of the Contrac_ pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or emplovees. or of any for substantiating instructions for installation or performance of other persons performing portions of the Work, equipment or systems designed by the Contractor. all of n'hich remain the responsibility of the Contracu)r to the extent 2.6.7 The .Architect shall at all times have access to the Work required by the Contract Documents. The Architects review wherever it is in preparation or progress. shall not constitute approval of safety precautions or. unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may othem,ise be provided in the Contract means, methods, techniques. sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized. the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect. Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the .Architect. of materials, systems or equipment is required by the Contract i 2.6.9 Based on the Architects observations and evaluations of Documents, the Architect shall be entitled to rely upon Such certification to establish that the materials, syscems or equip- the Contractor's Applications for Payment, the Architect shall mens will meet the performance criteria required by the Con- review and certify the amounts due the Contractor. tract Documents. 2.6.10 The Architects certification for payment shall consti- 2.6.13 The Architect shall prepare Change Orders and Con- tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation i observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pav- Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and mens, that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that, to the best of the Architect's knowledge, information and may authorize minor changes in the Work not involving an belief. quality of the Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract i Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract cvaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to .spy- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect.The issuance of a completion. shall receive and forward to the Owner fix the Certificate for Payment shall further constitute a representation Owncrs review and records written warranties Mid related that the Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and :rsscm- ficd. However, the issuance of a Certificate for Payment shall hletl by the(.;ontractor,and shall issue:r final Certificate ti,r Pav- not he a representation that the Architect has (1)made cxhatrs- n)cnt upon compliance with the requirements of the Contract tive or continuous on-site inspections to check the quality ur Documents. AIA DOCUMENT 8141 OWNER-ARCHITFCT AGREEMENT • FOURTEENTH EDITION • AIA& ( 19N7 3 8141-1987 TI E AME1tICAN INSI'I't'll t'E OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20011(1 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by .such Project Represen- cerning performance of the Owner and Contractor under the tabvcs, the Architect shall endeavor to provide turthcr protec- reyuirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights, responsibilities or ohligacionsot the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall he 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 (Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previousiv to either, and shall not be liable for results Of interpretations or given by the Owner, including revisions made neces- decisions so rendered in good faith. Bary by adjustments in the Owners program or Proj- 2.6.17 The architect's decisions on matters relating to aesche- etc budget: tic effect shall be final if consistent with the intent expressed in 2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.18 The Architect shall render written decisions within a documents; or reasonable time on all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- are to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Pre;,,iding services required because of ,ignificanc 2.6.19 The architect's decisions on claims, disputes or other chaatges In the Project including, but not limited co. size, qual- matters, including those in question between the Owner and itv, complcxityo . the Owner's schedule, or the: method of bid- Contractor, or negotiating and contracting for construction.cxcrpt For Contractor, except for those refuting to aesthetic effect as pro- services required under Subparagraph 5.3.5, 1 vided in Subparagraph _.6.17 shall be subject to arbitration as provided in this .Agreement and in the Contract Documents. 3.3.3 Preparing Drawings. Specifications and other documen- cation and supporting data, evaluating Contractors proposals, and providing ocher services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with cvaluating subsci- cutions proposed by the Contractor and making Suhsequcnt 3.1 GENERAL revisions to Drawings. Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement ut Work he paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3? and 3.-i shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the dcrtult of the described under Contingent Additional Services in Paragraph Contractor, by major defects or deficiencies in the \%ork of the 3.3 are required due to circumstances beyond the Architects Concraccor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to com- Contractor under the Contract for Construction. mencing such services. if the Owner deems chat such services j described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in cvaluating an cxtensive numher of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in conncction indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required. the Architect.shall have no ohii- 3.3.8 Providing services in connection with a public hearing, gation to provide [hose services. arbitration proceeding or legal proceeding except whcre the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents C or alternate,separate or sequential 3.2.1 If more cxtensive representation at the site than is hids or providing services in connection with bidding. negotia- described in Subparagraph 3.6.5 is required, the Architect shall tion or construction prior to the completion of the Construc- provide one or more Project Representatives to assist in carry- cion Documents Phase. ing out such additional on-site responsibilities. � 3.2.2 Project Representatives shall he selected, employed and 3.4 OPTIONAL ADDITIONAL SERVICES directed by the Architect, and the Architect shall he compcn- 3.4.1 VrixvignX (Xwca:rft Ixcds nd}pr6igr�¢n- sated therefor as agreed by the; Owner and Architect. The xiIiDI:g pklexcapiecnwfii ck Ilx• btt-oxcx I duties, responsibilities ;aid lintieuions of authority of Project 3.4.2 Providing tinancial tcasihilky or other special studies. Representatives shall he as described in the edition of AIA j Document 13353 current its of the date of this Agreement unless 3.4.3 Providing planning surveys, site evaluations ur CoIll- otherwise agreed. pararivc studies of prosp(:ctivc sites. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA'" • �g 11)8- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHIN(;T()N,1)-C.10uu, B141-1987 4 - .3.4.4 Providing .special .survevs, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals elf governmental authorities the Project. including the Construction Cost, the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies refuted to all of these costs. 3.45 Providing services relative to future facilities, systems 4.3 if requested by the Architect, the Owner shall furnish and equipment. deuce that Financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owners obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owners behalf with respect to the Project. The ocher information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish survevs describing physical characteristics, legal limitations and utility locations for [he site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site. The struction manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4.10xPiMv1:dir_T decadedcescamicK c»Cmnmrurctim ko.%. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity survevs or inventories of cions, boundaries and contours of the site; locations, dimen- material, equipment and labor. sions and necessary data pertaining to existing buildings, other 3.4.12 Providing analyses of owning and operating costs. improvements and trees; and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced co a project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited co test borings, test ment, or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials. ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- civicv tests, including necessan,•operations for anticipating cub- ing significant changes in the Work made during construction soil conditions. with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor ro the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or cants when such services are reasonably required by the scope systems such as testing, adjusting and balancing, preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for 4.7 The Owner shall furnish structural, mechanical, chemical. operation and maintenance,and consultation during operation. air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate f6r Pavmenc, or in the absence of a final Cer- reports required by law or the Contract Documents. tificate for Pavmenc. more than 60 days after the dace of Sub- stancial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for ocher than archi- counseling services as may be necessary ac any time for the Project, including auditing services the Owner may require to 1 tectural, structural, mechanical and electrical engineering por- verify the Contractor's Applications for Payment or co:Lscertain tions of the Project provided as a part of Basic Services. how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. ! this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services, information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall he entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall he given by the Owner to the Architect if the Owner becomes aware of anv fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall he 1 set forth the Owner's objectives, schedule, constraints and cri- submitted to the Architect for review and approval ac least l4 ceria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions chat would require knowledge or .services hevond the requirements. scope of[his Agreement. AIA DOCUMENT 8141 - OWNER-ARCHITECT A(;REF.MENT - FOURI EENTH EDITION - AIA-" - <<�1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON.D.C.200(g) 9 ARTICLE 5 .3 if the Project is abandoned, terminate in accordance • with Paragraph 8.3; or CONSTRUCTION COST ,4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, 5.1.1 The Construction Cast shall he the tottil cost or esti- the Architect, without additional charge, shall modify the Con- mated cost to the Owner of all elements of the Project designed tract Documents as necessary to comply with the fixed limit, if or specified by the Architect. established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, .selected or specially provided The Architect shall he entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. j ante for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in .article 4. The Drawings, Specifications and other documents p 5.2 RESPONSIBILITY FOR CONSTRUCTION COST par by the Architect for this Project are instruments c the Archie 's service for use solely with respect to chi roject 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unles otherwise provided. the .Architectshal e deemed estimates of Construction Cost and detailed estimates of Con- the author of ese documents and shall retain'IL l ommon law, struction Cost, if any, prepared by the Architect, represent the statutory and o er reserved rights, includi the copyright. :Architect's best judgment as a design professional familiar with The Owner shall h ermined to retain co es, including repro- the construction industry. It is recognized. however. that nei- ducible copies. of the . chicect s Draw gs. Specifications and ther the :Architect nor the Owner has control over the cost of ocher documents for info ation a reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and uc cy of the Project. The Archi- of determining bid prices, or over competitive bidding, market tect's Drawings, Specification ocher documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or oth on of r projects. for additions to and does not warrant or represent that bids or negotiated prices this Project or for corn tion of this oject by others. unless will not vary from the Owner's Project budget or from any the.architect is adju ed to he in default der this:Agreement. estimate of Construction Cost or evaluation prepared or agreed except by agree t in writing and with ap opriate compen- to by the .architect. sation to the . hitect. u ' 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Sub Sion or distribution of documents to m t official as a condition of this Agreement by the furnishing, proposal or regulac requirements or for similar purposes in con ction establishment of a Project budget. unless such fixed limit has wit he Project is not to be construed as publication in der a- been agreed upon in writing and signed by the parties hereto.If n of the _architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed I limit. Fixed limits, if any,shall be increased in the amount of an 7,1 Claims, disputes or ocher matters in question between the increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree- Contract for Construction. mens or breach thereof shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced [ration in accordance with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration :Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall be tiled in writing with the general level of prices in the construction industry between the ocher party to this Agreement and with the American Arbi[ra Owner and the date on which proposals are sought. 1 dale of submission of the Construction Documents to the tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro question has arisen. In no event shall the demand for arbitration vided in Subparagraph 5.2.1) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of lutlitations. limit; 7.3 No arbitration arising out of or relating to this Agrecmcnt .2 authorize rebidding or renegotiating of the.Project shall include, by consolidation, joinder or in anv other manner, within a reasonable time; an additional person or entity not a party to this Agreement, 1 AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • (g-19H7 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D C.200(X, B141-1987 6 I except by written consent containing a specific reference to .2 Tcn percent of the total compensation for Basic and this Agreement signed by the Owner, Architect, :uid any other Additional Services earned to date if termination person or entity sought to he joined. Consent to arhitration Occurs during the Design Development Phase; or involving an additional person or entity shall not constitute ,3 Five percent of the total compensation for Basic and consent to arbitration of any claim, dispute or ether matter in Additional Services earned co date if termination question not described in the written consent or with a person occurs during any suhsequent phase. or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to [his Agreement shall he specifically enforceable in accordance ARTICLE 9 with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall he gov- applicable law in any court having jurisdiction thereof. erneci by the taw of the principal place of business of the i Architect. 9.2 Terms in this Agreement shall have the saune meaning as ARTICLE 8 those in AIA Document A201, Genera Conditions of the Con- tract for Construction, current as of the(late of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this agreement 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall com- fail substantially to perform in accordance with the terms of chis mence to run not later than either the date of Substantial Com- Agreement through no fault of the pane initiating the termination. pletion for acts or tailures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days. the Architect shall be compensated for .ser- Completion. vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall he equi- 9.4 The Owner and Architect waive all rights against each [ably adjusted to provide for expenses incurred in the incerrup- ocher and against the contractors, consultants, agents and cion and resumption of the Architect s services, employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set 7 not less than seven days' written notice to the architect in the forth in the edition of AIA Document A201, General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of chis is abandoned by the Owner for more than 90 consecutive days. Agreement. The Owner and architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. nonce. 9.5 The Owner and Architect. respectively, bind themselves. 8.4 Failure of the Owner to make pavmcnts to the.Architect in their partners, successors. assigns and legal representatives to accordance with this Agreement shall he considered substantial the other party to this Agreement and to the partners. succes- nonperformance and cause for termination. cors. assigns and legal representatives of such other parte with respect to all covenants of this agreement. Neither Owner nor 8.5 if the Owner fails u) make payment «hen due [he Archi- Architect shall assign chis Agreement without the written con- tect for services and expenses, the .Architect may, upon seven sent of the other, days written notice to the Owner,suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- b%,-the.Architect within seven days of the date of the notice. [he ment between the Owner and Architect and supersedes all { suspension shall take effect without further notice. In the even[ prior negotiations, representations or agreements, either wric- of a suspension of services, the .Architect shall have no liability ten or oral. This Agreement may he amended onlv by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 :Nothing contained in this.Agreement shall create a contrac- 8.6 M iNcXv(NitX41'&-rtXw4ticXn kk)C1gh9tAltX)tNh(xAX-hXrecl4 tual relationship with or a cause of action in favor of a third pkie;�lr( iiti{c[xh phi fx, cxiTrg cxa%d ji)rxcrxicpts Ix:rkrexec;kplJvr parte against either chc Owner or Architect. d u>xcrnliptlt�nxtc{het etxwizQt a2ei xibttrs laE�c�s x tl�enxlux 9.8 Unless otherwise provided in this Agreement, the-Architect xnclxlllXT(;cmXlaste)IxE ��scx axdDijirXdxn 'a(xkrXptxHX. x and ,Architect's consultants ,hall have no responsibility for the 8.7 Termination Expenses arc in addition to compensation for discovery, presence, handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination. Termination Expenses shall site, including but not limited to asbestos, asbestos products. I he computed as a percentage of the total compensation for polychlorinated biphenyl (P(:B)or other toxic .substances. Basic Services and Additional Services earned to the time of ter- n)ination, as follows: 9.9 The Architect shall have Ilio right to include representa- tions of the design of the Project, including photographs of the .1 "Twenty percent of the totes compensation ti)r Basic exterior and interior, among the Architects promotional and and Additional Services carred Io date it termination protcssional materials. The .Architect's materials shall not j occurs before or during the predesign,site analysis,or 111CILICIC the Owners confidential or proprietary intorntaion if { Schematic Design Phases; or the ()%vncr has previously advisc(.l chc Architect in \,-riling of AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAi9 • iC)IVM' 7 8141-1987 'I HE AMERWAN INSTI1117E OF \RCIIITE(.TS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,I).C.201(X, I the specific information considered by the Owner to he confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES denial or proprietary. The Owner shall provide professional credit for the Architect on the construction sign u.nd in the pro- 10.3.1 An initial payment asset forth in Paragraph 1 1.1 is the motional materials for the Project. minimum payment under this Agreement. 10.3.2 me)na& x xno ncWyxinat, xhoremppdic-Abix s.talkhacirxpcopmrtxnxoxerx ARTICLE 10 vyc:e3CpMrfcXrnXLIXviMitxcAh,'Phxti(:X)txLrxicK (Xi McZuAs.4Ct X XoGm)a XIt�Pa=g1Xptx 1 x22. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent [hat the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall he salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed, compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shrill be payable to the extent services are per- and benefits. formed on [hose portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on(1) the lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or negotiated proposal, or(2) if no such bid or proposal is received, the most recent preliminary estimate of Construction 10.2.1 Reimbursable Expenses are in. addition to compensa- tion for Basic and :additional Services and include expenses incurred by the Architect and Architect's employees and con- tions of the Project. suitants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with [he 10.4.1 X,.ixm=tx (m xcc_muat mf mhrxAmh: ce(x sxAdkiiXltXl Project: expenses in connection with authorized our-of-cown )bexicxs xLb4oxR(xmkutxaf* 6,cpxn�s mai}hx rtmd(xtnxn�bkx travel: long-distance communications: and fees paid for recur- Li 4§oX pXsNitaci(m eX tiae xrcXiteet xstmemem (3 s rvkexrex- ing approval of authorities having jurisdiction over the Project. )deeedx)rxxpa:rrxesXnmrxdx 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings. Specifications and other documents. 10.5.1 No deductions shall he made from the Architects com- 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular races. sums withheld from payments to contractors, or on account of 10.2.1.4 Expense of renderings, models and mock-ups requested the cost of changes in the Work other than [hose for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance. requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimhursable Expenses and expenses per- Architect's consultants. twining to .additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be uvail- j 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or [he Ow tier's authorized representative at j equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 ! BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 XNINffIAL DrAYI IF&N Rofx x x x tXtA max x i�.tkl f Ir1€td2{u3odl e#ecY�tic�h 3if txSisXluecrt d'nePlcrkiLli>�d�€oZCu )�Xn}f sXtc�f)ui�t tXi tkrp.tXllntx 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services. Basic Compensation shall he computed as follows: (hesr•rt Artsis r,/ (oatpertsawm, Art:Lrdin,q.�(ipula(ed struts, multiples ur pt•r[t'rt(u,�t'S. and idrurrll'pAases to 10m particularmea,(,,ts til u,nrpe2ca(inrr,,ppij, it 2.2.1 plus master planning — see scope in Article 12 ---- $120 , 000 2.2.2, 2.2.3 plus concept design — see Article 12 ---- $132 , 000 completion of Schematic Design ---- $132 , 000 AIA DOCUMENT 8141 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA" 11)X7 TI IR:1MERICAN INSI'ITI'TF.OF AKCIIITEC S, I'35 NEW YORK AVF.NIIF.,N.W.,WASHIN(,,TON,D.C.0f)WK B141-1987 8 11.2.2 hrtt<rnnperrsadcxrishacctnrra�tilnrfstenstmrorprrctntaRenr{zmsnvttinrtt;asst-prnRrrn�ls?mtrrt, fr)T-Ba Ceirreiecs • liteac.'�iltx�Fra}l-tc���l�fr>Hh�a;fig-Ixrcr;°lrtgc�s-e�'Ftl�rr>rsl{3�trc--C�nrrperlareiorr-paysri�ie: (/assert additional pbases as appropriate.) Compensation for remaining phases will be based on a stipulated sum to be determined after completion of Schematic Design. Progress payments in each phase shall total the following percentages of this stipulated sum. Set 1E-0es+g 12 ------------------------------------------------rreer�tf--�/� Design Development Phase: twenty-three percent(23 %) Construction Documents Phase: forty-seven percent(47 '%,) Bidding or Negotiation Phase: six percent( 6%) Construction Phase: twenty-four percent(24'/,) Total Basic Compensation: one hundred percent(100`%,) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: To be negotiated in the event that such service is requested. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, ether than (1) Additional Project Representation, as described in Paragraph 3.2. and (2) services included in article 12 as part of Basic Services, but excluding services of consultants, compensation shall he computed as follows: /lntsert Iasis of compern.cationt, ine'ltding rates avid/or multiples of Direct Persmote'l li.cpertse fin-Principals tund eurployees. curd ide•i111l1'ih-incrpal.S told clas:111' employees. il-required. ldeoti/j'specr/ic serrices to tt'L,rcb par-trculen'ntetbods u/con+paoxatinrt aP1)11e il'urceszarr Per Rate Schedule in Article 12.2.2. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of additional Services, a multiple of one point one ( 1.1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of one point one ( 1.1 )times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within forty—two ( 42 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10 3.3 and 11.3.2. 11.5.2 Pavments are due and payable - _ -forty—five ( 45 ) days from the date of the Architect's invoice. Amounts unpaid ,forty—five ( 45 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (insert rate of interest agreed upon.) one percent -per month. (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Archr- tect's principal places of business, the location of the Project and elsewhere rnav affect the validity of Ibis provision. Speci/ic legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 9 8141-19H7 AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA11 • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C._'OOIXi 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services. identify Additional Semites included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 SCOPE OF WORK 12.1.1 DETAILED SCOPE OF WORK, Master Planning and Schematic Design (Attachment D) 12.1.2 INCLUDED AS PART OF BASIC SERVICES are: Landscape design Analysis and refinement of Owner Independent detailed cost 4-5timating provided programs Associate Architect in Redding Lighting Acoustics Audiovisual systems Museum security 12.2 ADDITIONAL SERVICES 12.2.1 INTERPRETIVE DESIGN. Scope of work and fee for this part of the work are as described in the AIA C727 agreement between G • H • A and Promotion Products, Inc. (attached) . 12.2.2 HOURLY RATE SCHEDULE (Attachment A) . 12.2.3 Billing shall be the responsibility of G-H•A Architects. 12.3 PROJECT PERSONNEL (Attachment B) . 12.3.1 Owner's Representative is Larry Hopson. 12.4 TASK DESCRIPTIONS for Schematic Design (Attachment C) . 12.5 See attached "Supplemental Conditions". This Agreement entered into as of the day and year first written above. OWNER ARCHITECT i (Signature) (Signature) I (Printed name and title) (Printed name and title) AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT FOURTEENTH EDITION •AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 13141-1987 10 ATTACHMENT A G - H - A A R C H I T E C T S HOURLY RATES April 1990 $ Principal 81 P Senior Architect $ 63 Project Architect $ 54 Architect $ 45 I Senior Drafter $ 40 Intern $ 36 Drafter $ 32 Clerical $ 30 d i I Professional Corporation 34 Northwest 1st Avenue Suite 406 Portland, Oregon 97209 503-227-1254 12 . 2 .2 Page 1 of 7 TONES & JONES, ARCHITECTS & LANDSCAPE ARCHITECTS Current Fee Schedule July 13,1990 Senior Principal 107 Principal 90 Senior Associate 65 Associate I 56 Associate II 42 Associate III 38 Clerical 35 i i i 1 I i i a r 12 . 2 . 2 Page 2 of 7 i N M R CURRENT CHARGE OUT RATES - JULY 16, 1990 Architectural Managing Partner (E. Nichols) $8 0 . 0 0 *Ji@g Principal Architect (L. Melburg) $75 . 00 4<9 Project Architect $ 60/hr Staff Architect. $ 55/hr i - Senior Draftsman $ 50fhr Draftsman $ 451hr Administrative Assistant $ 35/hr Clerical $ 30/hr I Engineering Principal Structural Engineer $ 90/hr Senior Structural Engineer $ 70/hr Mechanical/Electrical Tech. $ 60/hr i 12 . 2 . 2 Page 3 of 7 kpff HOURLY RATES KPFF Consulting Engineers Schedule of Houriv Rates Principal in Charge S85 Proiect Engineer S75 i i Design Engineer S63 Draftsperson S40 1 t J i i 12 . 2 . 2 Page 4 of 7 j Larson. 13P.kU1)V. Guiicic .Associates. Inc. February 19, 1990 I SCHEDULE OF HOURLY CHARGES Principal Engineer 580.00 Associate Engineer 565.00 Project Engineer 555.00 Staff Engineer 550.00 Senior Engineering Technician 550.00 Engineering Technician 545.00 Drafter 537.00 Stenographer 530.00 Fee structures other than hourly charges may be negotiated to suit specific project requirements. Travel, long distance telephone calls, long distance facsimile transmission charges, in-house reprographics, computer time, cadd time and other job related expenses are billed at cost. Mileage bevond the Portland metropolitan area is charged at SO?6 per mile. 12 . 2 . 2 Page 5 . of 7 WILBUR SMITH ASSOCIATES WESTERN REGION RATE SCHEDULE Classification Rate Per Hour 1. Executive Management Officers .....................I................. 3 150.00 2 Officers ................................. ................. ..... .......... ........ ........ ....._ _........................................... 130.00 3. Principal Associates .........._..............................-.......... _......110.00 .. ......................................... 4. Associates ........ ......................._.. 90.00 5. Principal Engineers, Architects, Planners Economists, &Analysts ..................................... ....._ 75.00 ................................................ 6. Engineers,Architects, Planners, Economists&Analysts _.................................................. 65.00 .............................. 7. Assistant Engineers, Architects, Planners Economists, &Analysts _. 55.00 8. Technicians _... . _._ _. . _.__........................ . .... ... .. 45.00 9. Draftpersons 45.00 10. Word Processors/Technical Typists 45.00 11. Enumerators _._....................... 40.00 12. Technical & Clerical ............................... . 40.00_.... . 13. F1eld _........... ..... ..... 10.00 NOTE. (1) 7ravei,recroducdons,teiepnone,suopiiesand other exoensesatcost ciusl0percent. (� ;or aopearanceatformai hearings orcourt tesdmony, the above rates are to be increased byepercent. (J) Fees are cayableinu.S.Ooaarswithout discounc (4) Ratesinctudecomoensation,benefim,overhead&fee. ! ! 1/90 12 . 2 . 2 Page 6 of 7 SHARRAH DUNLAP AND ASSOCIATES , INC. 3161 Bechelli Lane, Suite 103 Redding, California 96002 (916) 221-1792 SCHEDULE OF RATES Personnel Charges i Charges for personnel are made for the actual hours directly chargeable to the project at the following hourly rates . Office Services Technical Aide/Clerical 25 . 00 Drafter 35 . 00 Senior Drafter 40 . 00 Computer,/Design Drafter I 37 . 00 Ccmnuter/Design Drafter Ii 45 . 00 engineer Technician/Junicr Planner 37 . 00 Asst. Engineer/asst. planner 45 . 00 Assoc. incineer/Assoc. Planner 57 . 00 Senior Engineer/Senior Planner 60 . 00 Engineering Manager/Principal Planner 67 . 00 Principal Engineer 75 . 00 Court appearance is charged at a minimum of eight (8 ) hours . Field Services Three-person Field Crew 115 . 00 Two-person Field Crew 95 . 00 Surveyor 57 . 00 Materials and Outside Services Materials and outside services will be billed at cost plus 15°s . Late Payment A late payment FINANCE CHARGE. will be computed at the periodic rate of to per 30 day period which is an ANNUAL PERCENTAGE RATE of 12% and will be applied to any unpaid balance commencing 30 days after the date of the original invoice. I These rates are subject to revision semi-annually. i i Effective March 1, 1990 12 . 2 . 2 Page 7 of 7 • • ATTACHMENT B Alliance of Redding Museums MUSEUM PARK 12.3 PROJECT PERSONNEL Architect: G • H - A Architects Thomas O. Hacker, Principal (Lead Designer) 34 NW 1st Avenue, #406 Richard Garfield, Principal (Project Coordinator) Portland, OR 97209 503-227-1254 503-227-7818 FAX Architect's Consultants: Associate: Nichols, Melburg & Eugene L. Nichols, Managing Partner Architect Rossetto, AIA 916-222-3300 300 Knollcrest Drive 916-222-3538 FAX Redding, CA 96002 Landscape: Jones & Jones Tom Atkins,-Principal Architect 105 South Main Street Keith Larson, Project Architect Seattle, WA 98104 206-624-5702 206-624-5923 FAX Civil Engineer: Sharrah, Dunlap & Associates John H. Sharrah, Engineer { 3161 Bechelli Lane, Suite 103 Einhard Diaz, Planner 1 Redding, CA 96002 Francis E. Sawyer, Jr., Engineer 1 916-221-1792 916-221-8369 FAX Electrical & Carson, Bekooy, Gulick & Robert Gulick, Mechanical Engineer Mechanical Associates, Inc. Greg Kohn, Electrical Engineer Engineer 3220 SW First 503-227-4405 Portland, OR 97201 503-248-0994 FAX Structural KPFF Consulting Engineers Arthur W. Johnson, Engineer Engineer: 707 SW Washington Dan Stocker, Engineer Suite 600 503-227-3251 j Portland, OR 97205 503-274-8029 FAX Lighting: Edwin K. Robinson Edwin K Robinson, Lighting Engineer The Smithsonian Institution 202-357-3276 National Museum of American History J Acoustics: CS Acoustical Engineering Cliff Sroka, Acoustical Engineer 310 SW Fourth, Suite 802 503-227-6233 a Portland, OR 97204 503-222-2996 FAX P.O. Box 3413 Portland,.OR 97208 12 . 3 Page 1 of 2 • • Traffic: Wilbur Smith Associates Peter Martin, Traffic Engineer Engineering 282 Second Street 415-896-0670 San Francisco, CA 94105 415-896-5966 FAX Food Service: TBA Specifications: TBA Geotechnical: TBA Surveyor: TBA Cost Estimator: TBA Interpretive Team Members & Interpretive Consultants: Interpretive Design Promotion Products, Inc. Tony Baby, Exhibit Programs' Director & Coordination: 50 SE Yamhill Brad Miller, Design Director Portland, OR 97214-2192 503-234-0901 'I 503-234-0905 FAX Interpretive Robert O. Dahl Robert O. Dahl, Interpretive Designer Planner: P.O. Box 3159 503-593-1220 Sunriver, OR 97707 Interpretive Jean Jacques Andre Jean Jacques Andre, Interpretive Design Consultant Designer: 1519 Amelia Street 604-389-1677 Victoria, British Columbia 604-389-1515 FAX V8W 2K1 Aquaria Bios, Inc. James F. Peterson, Director & Design Principle Designer: 84 University, Suite 407 206-587-2451 Seattle, WA 98101 206-587-2443 FAX Biologist: Caryn T. Throop Caryn Throop, Biologist 18001 Couch Market Road 503-382-6598 Bend, OR 97701 Horticulture: Mary Burke Mary Burke, Horticulturist The University Arboretum 916-752-3150 i University of California Davis t Davis, CA 95616 y Audiovisual Watts/Silverstein, Inc. Bruce Silverstein, Partner Productions: 1921 Second Ave. 206-443-4200 Seattle, WA 98101 a 12 . 3 Page 2 of 2 • ATTACHMENT C Alliance of Redding Museums MUSEUM PARK 12 . 4 TASK DESCRIPTIONS for Schematic Design The Following is a list of tasks and products to be performed or delivered on behalf of ARM in the course of the design of the project. I . Master Planning, Concept and Schematic Design Deliverables A. Work of 2 . 2 . 1 Plus Master Planning 1 . 30% of Project Master Planning a. Start-up meetings with ARM Start-up meetings with the Carter House Museum Start-up meetings with the Redding Museum Start-up meetings with the Logging and Timber Museum Present general direction to ARM. i Discussion session with the Carter House '{ Museum. Discussion session with the Redding Museum. Discussion session with the Logging and Timber Museum. b. Analysis of site options and constraints . C . Rough draft of site development . d. Rough draft of proposed site boundaries . e. Rough draft of main building sites . 2 . 30% of Project Master Planning a. Meeting with ARM. Meeting with the Carter House Museum. Meeting with the Redding Museum. Meeting with the Logging and Timber Museum. b. Meeting with City of Redding Bureau of Building/Zoning C . Draft of site plan. d. Draft of site sections . e . Draft of main . building disposition. 3 . 30% of Project Master Planning a. Meet with ARM. Meet with the Carter House Museum. Meet with the Redding Museum. Meet with the Logging and Timber Museum. b. Rough cost estimate. 12 . 4 Page 1 of 3 C . Final draft of site plan. d. Final draft of site sections . e. Final draft of building masses . 4 . 10% of Project Master Planning a. Start-up meeting for concept development, including presentation of master planning efforts . b. Cost estimate . C . Final master site plan. d. Final master site sections . e . Final master plan of buildings ' massing. f . Report of master planning effort recording all major activities and decisions . g. Meet with Riverfront master planning task group for coordination purposes . h . Present Master Plan to public audiences , if appropriate . B. Work' of 2 . 2 . 2 , 2 . 2 . 3 Plus Concept Studies 1 . 30% of concept studies a. Establish budget goals with ARM for the first phase of construction, exhibit installation and landscape development. b. Rough sketch phase one site plan. C . Rough sketch phase one general building plan. d. Rough sketch phase one Carter House Museum. e . Rough sketch phase one Redding Museum. f . Rough sketch phase one Logging and Timber Museum. 2 . 30% of concept studies . a. Meet with ARM. Meet with the Carter House Museum. Meet with the Redding Museum. Meet with the Logging and Timber Museum. b. Draft sketch site plan. C . Draft sketch general/building plan . d. Draft sketch Carter House Museum. e. Draft sketch Redding Museum. f . Draft sketch Logging and Timber Museum. g. Cost estimate . h. Meet with Riverfront master planning task group for coordination purposes . 3 . 30% of Concept Studies . a. Final draft concept and site plan . b. Final draft site plan . C . Final draft general/building plan . d. Final draft Carter House Museum. e . Final draft Redding Museum. f . Final draft Logging and Timber Museum. 12 . 4 Page 2 of 3 4 . 10% of concept studies a. Meet with ARM to start-up Schematic Design implementation, including presentation of completed conceptual design. b. Cost estimate . C . Conceptual site plan. d. Conceptual building plan. e . Conceptual plans , sections and elevations of the Carter House Museum. f . Conceptual plans, sections and elevations of the Redding Museum. g. Conceptual plans , sections and elevations of the Logging and Timber Museum. h. Interior view of each museum. i . Exterior view of main site features . j . Outline of materials anticipated for use in construction. k. Conceptual design report recording all major activities and decisions . C . Completion of Schematic Design . 1 . 30% of Schematic Design. a . Base plans , each museum. b. Base plans , site . C . Preliminary Schematic site sections . d. Preliminary sections of major spaces . e. Preliminary elevations of major facades . 2 . 30% of Schematic Design . a . Rough single-line diagrams of mechanical and electrical . b. 30% complete Schematic plans of each museum. C . 30% complete Schematic sections and elevations . d. Outline of structural systems for each museum. e. 30% complete Schematic site plan . 3 . 30% of Schematic Design . a. Final draft of mechanical single-line plans . b. Final draft of electrical single-line plans . C . Final draft of architectural plans, elevations, and sections . d. Final draft of structural description. e . Final draft of site plan and sections . 4 . 10% of Schematic Design . a. Schematic presentation. b. Mechanical single-line plans . C . Electrical single-line plans . d. Architectural plans, elevations, and sections . e . Structural description. f . Site plan and sections . g. - Outline Specifications . h. Cost estimate . 12 . 4 Page 3 of 3 ATTACHMENT D Alliance of Redding Museums MUSEUM PARK 12 . 1 . 1 DETAILED SCOPE OF WORK, Master Planning and Schematic Design Basic Assumptions - The Scope of Work for master planning: $42 million, of which $1.0 million is for interpretive work. Scope of "Overview Master Plan" : $10 million of interpretive installation. Scope of remainder of Schematic Design: $24 million, of which $6 million is for interpretive work. Scope of written conceptual plans, story line, outline and program: $6 million of interpretive installation. Project Master Planning A broad view of the entire site, .including Turtle Bay and the Benton Ranch which defines the intentions of the ARM in relation to the following: Visitor and service access Placement and volume of parking Placement of buildings and their entrances General organization of landscape areas and site circulation This phase will include a preliminary budget analysis of the project, including the cost of buildings, site improvements, and interpretive exhibits . This phase will also provide an opportunity for defining the scope of the first phase of development for the ARM Museum Park. This scope statement will form the basis for Phase I Schematic Design. Building and Landscape Concept. Studies General building and landscape design based on the Master Plan scope statement. Placement of functions described in the three museum programs and the program for the site. 12 . 1 . 1 Page 1 of 2 I • Organization of the functional areas Composition of the building masses Diagrams of the structure Diagrams of technical support systems Descriptions of major materials Coordination with City of Redding Riverfront master planning Preliminary landscape plans and sections showing major,.outdoor spaces including: Vehicular road system Parking Entrance courts and walkways Special gardens and courtyards General landscape organization Major walkway and pathway systems Major new plantings Preliminary cost estimates for building and landscape construction. Building and Landscape Schematic Design Refinement of the Building Concept studies . Measured plans, sections and elevations of the museum buildings showing: Layout of program functions Location of service areas including toilet rooms, mechanical rooms, loading docks, etc. Sectional configurations of major spaces Layout and description of structural systems Description of major materials Layout and description of technical services such as electrical, lighting, heating, air conditioning, and ventilation systems Landscape plans showing: Location of outdoor program areas Roadways and parking areas Walkways, paths , and trails General description of new plantings General grading diagrams Preliminary plans for outdoor structures Revised building and landscape cost estimates . Outline construction specifications for each museum and for shared public spaces . 12 . 1 . 1 Page 2 of 2 o n z o o � °z o z m m .. O z z s pa n z — a � n o 3 I a m i o lul Iul � P y >�D Z r a Itil I�I K m 7 e K o � c CA I CA r I 3 a � i K 4i Z z n m m d C r -- — -- - - ---- — to K �J C c S c to � m 1 � I•.I o 0 m Z- i m Cil j m A i m i ATTACHMENT F. O N c. Z opo N o0 a o0 W N •• v �o ,--� .-. v o d cv ... .-� •--� vi vi e ao e c I a0 O � p p cn I a II L e w �I a z d � z e o ba ao 3 N a a O O V v b O O b O e O. N N N O V"� M N ' Q d N Z ao e v oo v c P bO 17,> 17, a Z N C4 I UE- �, amm � H Z a o z z U m: Q � ct] crl dN m m z r d t >• F O d d U Z c L I O U z 1 Z a U SUPPLEMENTAL CONDITIONS Add Paragraph: 1.1.4 CONFLICT OF INTEREST The Architect agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. No person having any such interest shall be employed by Architect. Add Paragraph: 1 .1 .5 f ASSIGNABILITY The Architect shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner/City, provided however, that claims for money due or to become due to the Architect from the Owner/City under the contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner/City. Add Paragraph: 1 .1 .6 PERSONNEL The Architect represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this contract. Such personnel shall not be employees of or have any contractual relation- ship with agencies providing funds for the project. All of the services required hereunder shall be performed by the Architect or under its supervision, and all personnel engaged in performing the service are fully qualified and shall be authorized or permitted under State and local law to perform such services. All professional personnel, includ- ing subcontractors engaged in performing services for the Architect under this contract, are indicated in a Personnel Listing (12.3). Except as hereinabove agreed, no other portion of the services nor any right, title, or interest herein under this contract shall be assigned, trans- ferred, conveyed, or subcontracted without the prior written approval of the Owner/City. Any changes or substitutions in the personnel as set forth herein must be made known to the project director prior to execution and written approval granted by both Owner/City and Architect before said change or substitu- tion can become effective. i Add Paragraph: 1 .1 .7 INDEPENDENT CONTRACTOR Architect, in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the Owner/City by any reason hereof, and that he will not by reason hereof make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Owner/City, including, but not limited to, worker's compensation coverage, unemployment insur- ance benefits, social security coverage, or retirement membership credit. Add Paragraph: 1 .1 .8 MINIMUM INSURANCE REQUIREMENTS The Architect, at all times that this agreement is in effect, shall cause to be maintained in force and effect an insurance policy or policies that will insure and indemnify both the Owner/City and the Architect against liability or financial loss resulting from injuries occurring to persons or property as follows: A. Commercial general liability, including products and completed opera- tions, blanket contractual, broad form property damage, Architect's contin- gent liability, personal injury liability, at $500,000 each occurrence, $1 million aggregate, for premises, products and completed operations. B. Worker's compensation, at statutory limits. C. Employers' liability, at $1 million. D. Automotive Liability Insurance, at $500,000 combined single limits. E. Errors and Omissions Insurance at $250,000. The Owner/City also requires CERTIFICATES OF INSURANCE and these special requirements are needed on those certificates A through D above. 1 . Additional insured endorsement must read exactly as follows: "The Owner/City of Redding, its officers, agents, and employees are included as additional insureds." 2. Cancellation Clause: On the "acord form" the cancellation clause must be modified as follows: "Should any of the above described policies be cancelled before the expiration date thereof, the issuin company will endeavor to mail 10 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or lia- 2 bility of any kind upon the company, its agents or representatives." Add Paragraph: 1 .1 .9 INDEMNIFICATION Architect agrees to protect, defend, indemnify, and hold harmless Owner/City, its officers, agents, and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever na- ture, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons, to the extent caused by the negligent acts, errors, or omissions of the Architect. Architects' obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove, shall in- clude any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. Architect further agrees to protect, defend, indemnify, and hold harmless the Owner/City, its officers, agents and employees from and ! against any and all claims, liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employee of Architect. I Add Paragraph: 2.2.6 ! The Architect shall perform the Work per Attachment "E". This schedule may be amended by written agreement between the Owner/City and the Architect. Add Paragraph: 3.3.2.1 CHANGES The Owner/City may, from time to time, request changes in the scope of the services of the Architect to be performed hereunder. Such changes, in- cluding any increase or decrease in the amount of the Architects' compen- sation, which are mutuallyy agreed upon by and between the Owner/City and the Architect shall Eye incorporated in written amendments to this agreement. i No verbal agreement or conversation with any officer, agent, or employee of the Owner/City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein con- tained, nor shall such verbal agreement or conversation entitle the Archi- tect to any additional payment whatsoever under the terms of this contract. i j ! 3 Add Paragraph: 4.12 Clarification - The Redding Museum Park is a joint project between the Alliance of Redding Museums (the Owner) and the City of Redding (the City). Responsibilities of each, related to the Project, are as follows: City of Redding: 1 . City has agreed to provide City-owned property on which to site the Project. As of the signing of this contract the specific site to be utilized in the Museum Park design has not been determined. The City of Redding has determined that the Redding Museum Park shall at least be anchored in the location known as Turtle Bay West. It is expected that the actual physical limits of the site to be provided by the City of Redding will be specified in the Riverfront Master Plan to be conducted by the City of Redding. 2. The City has accepted and agreed to administer the State of California grant known as EL-45-001 . Under the terms of this contract the maximum funds available from thisgrant are Two Hundred Ninety Five Thousand Nine Hundred Fifty Dollars ($295,950.00). 3. The City of Redding shall provide staff as required to assist the Alliance of Redding Museums in the design of the Museum Park. 4. The City of Redding shall consult the Alliance of Redding Museums in all issues related to Museum Park design and operation. The Alliance of Redding Museums shall have veto power over the City of Redding in all issues related to Museum Park design and operation. Alliance of Redding Museums: 1 . ARM is solely responsible for all Project funding in excess of grant funds to be administered by the City of Redding (see Item #2 above). 2. ARM shall program, coordinate and administer the design process relat- ed to the Redding Museum Park and shall provide all personnel required. 3. ARM shall consult the City of Redding in all issues related to Museum Park design and operation. The City of Redding shall have veto power over ARM in all issues related to Museum Park design and operation. Delete Paragraphs 6.1 & 6.2 Add Paragraph: 6.1 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared pursuant to this agreement are the property of the Owner/City. The Owner/City shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole 'or in part, any reports, data, or other materials prepared under this agreement. 4 r Owner/City will give credit to the Architect for his design services in any public relations bulletins that may be published concerning the project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. Such agreement shall not be unreasonably withheld. Delete Paragraph 8.6 Add Paragraph: 8.6 TERMINATION OF CONTRACT FOR CAUSE This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination which is not the fault of the Architect, the Archi- tect shall be compensated for all services performed to the termination date. If the Owner/City provides the Architect with thirty (30) days notice prior to termination, no termination expenses will be due the Architect. If 30 days notice is not given, termination expenses will be due the Architect. The Owner/City reserves the right to indefinitely postpone the work at its discretion. If the Architect is given 30 days written notice of postponement, the Owner/City shall not be liable for termination expenses due the Archi- tect. Add Paragraph: 8.8 DEFAULT OR FAILURE TO PERFORM If through any cause, the Architect shall fail to fulfill in a timely and proper manner its obligation under this agreement, or if the Architect shall violate any of the covenants or stipulations of this agreement, the Owner/City shall thereupon have the right to terminate this agreement by giving written notice to the Architect of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In such event, all finished and unfinished documents become the property of Owner/City, and the Architect shall receive just and equitable compensa- tion and reimbursement for the work completed. Except with respect to defaults of Consultants to the Architect, the Architect shall not be in default by reason of any failure to perform this agreement in accordance with its terms (including any failure by the Architect to make progress in the performance of the work hereunder which endangers such performance), if such failure arises out of causes beyond the control and without the fault or neglIT ence of the Architect. Such causes may include, but are not restricted or �imited to: acts of God or of the public enemy; acts of the government in either its sovereign or contractual capacity; fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes; and 5 I unusually severe weather, but in every case, the failure to perform must be beyond the control and without the fault or negligence of the Architect or its consultant. If the failure to perform is caused by the failure of a Consult- ant to perform or make progress, and if such failure arises out of causes beyond the control of both the Architect and the Consultant and without the fault or negligence of either of them, the Architect shall not be deemed to be in default. Revision: 9.1 Revise the following paragraph to read: "9.1 Unless otherwise provided ......of business of the Owner." Add Paragraph: 10.3.5 METHOD OF PAYMENT Fees shall be billed upon the completion of each task by submittal of a statement to the Owner/City based on fees identified in Article 11 .2. Work will commence within two weeks of execution of the contract by both par- ties. Invoices are payable upon presentation. If the Owner/City decides to discontinue the engagement before its completion, payment will be based on tasks completed. For tasks in process, payment will be based on per- sonnel hours expended and costs incurred by Architect to the date of discontinuance based on Attachment A. If accounts are unpaid forty-five (45) days from the date of billing, work may be halted at the discretion of the Principal-In-Charge until payments are made current. In addition, Architect reserves the right to withhold delivery of work products or void time limits applicable to the contract in the event of delinquent receivables. Add Paragraph: 10.2.1 .7 Reimbursable expenses shall not exceed the costs shown in the Estimated Cash Flow Requirements dated October 9, 1990 without the written permis- sion of the Owner/City. Travel expenses shall be considered reimbursable expenses. (See Attachment "F".) Delete Paragraph 10.3.2 Add Paragraph: 10.3.2 Subsequent payments for Basic Services shall be made upon completion of 6 individual tasks (see Schedule C for Task descriptions and their value). Delete Paragraph 10.4.1 Add Paragraph: 10.4.1 Payments on account of the Architect's additional services and for reim- bursable expenses shall be made upon completion of the related task. Add Paragraph: 10.5.2 Upon the completion of the Schematic Design Phase, the Owner/City shall withhold an amount equal to 10% of all fees paid the Architect under Basic Services or Additional Services. This 10% retention shall not be withheld from each and every payment due the Architect. The retention shall be withheld near the end of the Schematic Design Phase from the final payment (if greater than or equal to 10%) or last several payments (if last payment is less than 10%). This 10% retention shall be held no longer than 45 days after receipt of final billing unless written notice has been received by the Architect that the work to date is unsatisfactory, in which case the Archi- tect shall correct the deficiencies to the Owner/City's satisfaction. The Architect shall then be promptly paid all monies due. Delete Paragraph 11 .1 Add Paragraph: 11 .1 An initial payment of Thirty Thousand Dollars ($30,000) shall be made upon execution of this Agreement. This initial payment shall be shown as a credit to the Owner/City's account as indicated below: First Invoice $7,500 Second Invoice $7,500 Third Invoice $7,500 Fourth Invoice $7,500 Add Paragraph: 11.2.3 The extent of fiscal responsibility by the City of Redding shall be limited to a maximum of Two Hundred Ninety Five Thousand Nine Hundred Fifty Dollars ($295,950.00). All other compensation, over and above this amount due the Architect under this contract, shall be the responsibility of the Alliance of Redding Museums. 7 Add Paragraph: 11 .2.4 The total Basic Compensation due the Architect under the terms and condi- tions of this contract for Architectural Schematic Design shall be: $384,000. Add Paragraph: 11.3.4 The total compensation due the Architect for the additional service of the preliminary interpretive design as described in Consultant Agreement AIA i C727, attachment "Schedule A" shall be: $129,600. Add Paragraph: 11 .5.4 The fees shown in paragraphs 11 .2.4 and 11 .3.4 above, are calculated using the following estimated costs: 1 Master Planning $42,000,000 project which includes $10,000,000 for exhibit design and consruction (Architectural fees not included). Schematic Design 1 $24,000,000 project (Phase 1) which includes $6,000,000 for J exhibit design and construction (Architectural fees not included). Should the Project scope change, fees shall be adjusted accordingly by written agreement between the Owner/City and the Architect. Add Paragraph: 11 .5.5 The Owner/City will authorize work under this agreement only as he has sufficient funds to pay for such work. i 8 Ii Add Paragraph 12.2.4 The parties acknowledge that GHA Architects are not yet licensed to practice architecture in the State of California but have made application therefore and anticipate that such license shall be obtained by April 5, 1991. It is further agreed that until such license is received, Architect's work shall consist solely of the preparation of preliminary plans as defined in BuildingOfficial Information Bulletin 86-03 and that it shall not b re- quired e e quired to perform architectural work hereunder until such time as such license is received. In the event such license is not received by the 5th day of April, 1991, this contract shall be of no further force and effect, but Architect shall be fully compensated for all preliminary work done to date and Owner/City shall be entitled to the benefit of all such work without further obligation to Architect. Add Paragraph: 12.6 REPORTS All reports shall contain the maps and diagrams necessary to understand any issues, findings, or recommendations. Copies of all maps greater than 8 1/2" x II" will be on mylar. All text shall be a quality black and white suitable for printing. Additionally, all text and table pages shall be submitted on a Displaywrite 4 or Word Perfect diskette compatible with an IBM AT or XT personal computer. Add Paragraph: 12.6.1 DRAWINGS An original of each drawing shall be provided on mylar when larger than 8 1/2" x II '. Each perspective received shall include a colored copy depicting the color scheme envisioned. All drawings will be reduced to 8 1/2" x II" for black and white booklet presentation. i 9 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by Architect the day of November, 1990, and by Owner/City the day of Novem er, 1990. ACCEPTED: BY: BY: Nancy Butfurn F. William Evanhoe, President Mayor of Redding Alliance of Redding Museums D ATE: D ATE: 1 BY: Richard ar ie GHA Architects D ATE: ATTEST: FORM APPROVED: BY: BY: Ethel is o s Ran-dall Hays City Clerk City Attorney D ATE: D ATE: 10 h