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Document G802® – 2017
<br />Amendment to the Professional Services Agreement
<br />AIA Document G802 – 2017. Copyright © 2000, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
<br />“AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 16:10:51 ET on
<br />11/05/2024 under Order No.2114444856 which expires on 01/27/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance
<br />with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (3B9ADA47)
<br />1
<br />PROJECT: (name and address)AGREEMENT INFORMATION:AMENDMENT INFORMATION:
<br />Four Winds Field Renovation &
<br />Expansion
<br />Date: June 30, 2023 Amendment Number: 002
<br />501 West South Street
<br />South Bend, Indiana 46601
<br />Date: November 5, 2024
<br />OWNER: (name and address)ARCHITECT: (name and address)
<br />City of South Bend, Indiana
<br />Board of Public Works
<br />Jones Petrie Rafinski Corp.
<br />325 S. Lafayette Boulevard
<br />227 West Jefferson Boulevard
<br />South Bend, Indiana 46601
<br />South Bend, Indiana 46601
<br />The Owner and Architect amend the Agreement as follows:
<br />Add the following Articles:
<br />'§ 3.6 Construction Phase Services
<br />§ 3.6.1 General
<br />§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set
<br />forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction. If the Owner and
<br />Construction Manager modify AIA Document A201–2017, those modifications shall not affect the Architect’s services under
<br />this Agreement unless the Owner and the Architect amend this Agreement. The term “Contractor” as used in A201-2017 shall
<br />mean the Construction Manager.
<br />§ 3.6.1.2 Subject to Section 4.2, the Architect’s responsibility to provide Construction Phase Services commences upon the
<br />Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Owner’s approval of the
<br />Construction Manager’s Control Estimate, or by a written agreement between the Owner and Construction Manager which sets
<br />forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to
<br />Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services
<br />terminates on the date the Architect issues the final Certificate for Payment.
<br />§ 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase
<br />Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
<br />Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences
<br />or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for
<br />the Construction Manager’s failure to perform the Work in accordance with the requirements of the Contract Documents. The
<br />Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and
<br />shall not be responsible for, acts or omissions of the Construction Manager or of any other persons or entities performing
<br />portions of the Work.
<br />§ 3.6.2 Evaluations of the Work
<br />§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in
<br />Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to
<br />determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed,
<br />will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or
<br />continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall
<br />keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report
<br />to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction
<br />schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work.
<br />§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the
<br />Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work
<br />in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed.
<br />However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such
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