HomeMy WebLinkAbout6B(2) Proposal for professional services (Coveleski Stadium)� b C _)
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Community & Economic Development
/KS
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: Bill Schalliol, Economic Development Planner
Subject: Populous, Inc. Contract for Phase 1A Architectural Services
Date: February 1, 2010
Over the past several months, the staff has worked to complete elemental planning and design
steps for the Coveleski Regional Stadium renovation project. As we have worked on finalizing the
elements of the first phase of renovation, several key items have risen to a higher priority for
attention.
The contract proposal attached to this memorandum deals specifically with a list of items being
identified as "Phase 1A" of the project ( "Phase 1A "). The items will address some basic facility
features like concourse restroom renovations, renovation or replacement of the field lighting system,
new backstop netting and other facility function /safety features. Also, an ADA audit will be
performed for the facility which will aid in the master planning for future project phases.
A full list of the work scope proposed for Phase 1A is attached to this memo and also found as
"Exhibit 1" in the attached contract.
The work scope provided for in the attached agreement will allow for the development of
constructions drawings and associated plans and specifications for Phase 1A. The goal is to have
items ready for quote or bid through the Board of Public Works within a 2 -4 week timeline and
construction to follow.
The agreement with Populous for the Phase 1A project totals Sixty -Four thousand Five Hundred
Dollars ($64,500.00). A full breakdown of costs is included as "Exhibit 4" of this contract. Staff
would request approval of this proposal.
What We Do Today Makes A Difference!
EXHIBIT 1
Date: 05 February 2010
SCOPE OF WORK
DESIGN SERVICES (Including 2.4, 2.5, and 2.6) FOR THE STANLEY COVELESKI IMPROVEMENTS FOR THE
FOLLOWING WORK
New netting /backstop system (see note 1)
The existing pole supported backstop netting system will be removed and replaced with a modern design
utilizing cables only for improved visibility. The height of the net will be increased to accommodate future
upper level improvements. The system will be supported by either new field light poles or new tie down
poles located adjacent to the foul ball poles on both the first and third base lines. The proposed system
will utilize dyneema rope or galvanized steel cabling and spectra netting.
New field /wall pads
Existing field wall pads will be removed and replaced with new pads. In addition to field wall pads, new
padding will be installed at railings as appropriate for player safety.
Replace field lighting fixture
Existing playing field lighting system will be reviewed by Musco lighting to determine their condition.
Existing lights will be re- lamped or the entire system will be replaced. NOTE: Musco typically includes all
engineering services for new systems including pole and foundation design; therefore, no fee is included
in this proposal for engineering of the playing field lighting system.
Refurbish restrooms on concourse (see note 1)
Existing toilet rooms (2 Men, 2 Women) located at the ends of the concourse, currently serving as
storage, will be completed and used for their intended purpose. Work will include installing fixtures
(plumbing stub outs exist) and finishes as required to make the spaces operational. Existing plumbing
locations will have to be verified as in compliance with ADA requirements. The types of finishes will
match what is currently installed in similar areas.
Fix seating bowl
The existing seating bowl will be reviewed and areas requiring cosmetic improvements will be
documented. All control joint sealant will be removed and replaced. Irregular concrete patches will also
be removed and replaced.
Repair gutters on existing concourse roof
The existing guttering system will be evaluated and recommendations made as to either repair or replace
with new.
Renovate dugouts (see note 1)
Existing dugouts will be improved with new benches and storage racks, flooring, painting, and other
amenities similar to new minor league facilities. ADA improvements within the dugouts are not
anticipated and not part of this scope of work.
ADA audit (see note 2)
A review of existing ADA conditions will be conducted focusing on the accessible path into the stadium.
The audit will not be a review of the entire facility, only the accessible path and those areas included in
the currently and future proposed construction. A written report outlining the deficiencies with proposed
remedies will be provided.
Note 1. Wightman Petrie will perform engineering services as needed for the item of work.
Note 2. Wightman Petrie will perform all work associated with the ADA Audit.
Note 3 Wightman Petrie will perform all Construction Administration duties for the Scope of Work
identified in this exhibit.
AGREEMENT
BETWEEN
CITY OF SOUTH BEND, INDIANA
(OWNER)
AND
POPULOUS, INC.
(ARCHITECT)
FOR
ARCHITECTURAL DESIGN SERVICES
Based in part on AIA Copyright Document B141, 1987 Edition
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AGREEMENT
AGREEMENT
made as of the 5 day of February in the year of Two Thousand and Ten
BETWEEN THE Owner:
City of South Bend
1200 County- City Building
227 West Jefferson Blvd.
South Bend, IN 46601
and the Architect:
POPULOUS, INC.
300 Wyandotte, Suite 200
Kansas City, MO 64105
For the Following Project:
Improvements to Stanley Coveleski Stadium.
Refer to Exhibit 1 for Scope of Work.
The Owner and the Architect agree as set forth below.
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services performed by the Architect, Architect's
employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other
services included in Article 12 or in the Exhibits if applicable.
1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill
and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for
the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as
the Project proceeds, and shall include allowances for periods of time required for the Owner's review and
for approval of submissions by authorities having jurisdiction over the Project. Time limits established by
this schedule once approved by the Owner shall not, except for reasonable cause, be exceeded by the
Architect or Owner.
1.1.3 The services covered by this Agreement are subject to the time limitations contained in
Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6, and any
other services identified in Article 12 and Exhibit 1 as part of Basic Services, and include normal structural,
mechanical and electrical engineering services. No services will be provided with regard to the detection,
removal, disposal or storage of asbestos and or other hazardous materials.
2.2 SCHEMATIC DESIGN PHASE- NOT USED
2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the
Project and shall arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the other, subject to the limitations set forth in
Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the
Project.
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2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the
Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings
and other documents illustrating the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on
current area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE- NOT USED
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the
Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the
Owner, Design Development Documents consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural, structural, mechanical and electrical systems,
material and such other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of
Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope
or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare,
for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail the requirements for the construction of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information,
bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and
Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of
Construction Cost indicated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing
documents required for the approval of governmental authorities having jurisdiction over the project.
2.5 BIDDING OR NEGOTIATING PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals
and assist in awarding and preparing contracts for construction.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this
Agreement commences with the award of the Contract for Construction and terminates at the earlier of
the issuance to the Owner of the final Certificate for Payment or sixty (60) days after the date of
Substantial Completion of the Work.
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2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and
in the 1997 edition of AIA Document A201, General Conditions of the Contract for Construction.
2.6.3 The duties, responsibilities and limitations of authority of the Architect shall not be restricted,
modified or extended without written agreement of the Owner and Architect with consent of the Contractor,
which consent shall not be unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner: (1) during
construction in accordance with Article 2.6.1 and, (2) as an Additional Service at the Owner's direction
from time to time during the correction period described in the Contract for Construction. The Architect
shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless
otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise
agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of
the Work completed and to determine in general if the Work is being performed in a manner indicating
that the Work when completed will be in accordance with the Contract Documents. However, the
Architect shall not be required to make exhaustive or continuous on -site observations or inspections to
check the quality or quantity of the Work. On the basis of on -site observations as an architect, the
Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to
guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be
agreed to as an Additional Service, as described in Paragraph 3.2.)
2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, since these are solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out
the Work in accordance with the Contract Documents. The Architect shall not have control over or charge
of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
2.6.8 Communications by and with the Architect's consultants shall be through the Architect. Copies of
all significant communications between Owner and Contractor shall be provided to the Architect in a timely
manner.
2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for
Payment, the Architect shall review and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on
the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that to the best of the Architect's knowledge, information and belief,
the Work has progressed to the point indicated and the quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to an evaluation of the Work for
conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests
and inspections, to minor deviations from the Contract Documents correctable prior to completion and to
specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further
constitute a representation that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Architect has: (1) made
exhaustive or continuous on -site observations or inspections to check the quality or quantity of the Work;
(2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by the Owner
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to substantiate the Contractor's right to payment; or (4) ascertained how or for what purpose the
Contractor has used money previously paid on account of the Contract Sum.
2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract
Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent
of the Contract Documents, the Architect will have authority to require additional inspection or testing of
the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in
good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of
the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or
employees or other persons performing portions of the Work.
2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's
submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of
checking for conformance with information given and the design intent expressed in the Contract
Documents. The Architect's actions shall be taken with reasonable promptness while allowing sufficient
time in the Architect's professional judgment to permit adequate review. The review of Shop Drawings
shall be limited to two submissions under the scope of Basic Services and will be conducted only after the
General Contractor has coordinated said documents to indicate field conditions, proposed General
Contractor's deviations from the Contract Documents, and other requirements which affect design intent;
all submissions shall indicate that the required coordination has been performed. The Architect will be
compensated by the Owner as Additional Services for review of Shop Drawings submitted by the General
Contractor more than twice. Review of submittals is not conducted for the purpose of determining the
accuracy and completeness of details such as dimensions and quantities or for substantiating instructions
for installation or performance of equipment or systems designed by the Contractor, all of which remain
the responsibility of the Contractor to the extent required by the Contract Documents, all of which the
Architect shall be entitled to rely upon. The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of construction means, methods,
techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component. When the professional certification of
performance characteristics of materials, systems or equipment is required by the Contract Documents,
the Architect shall be entitled to rely upon such certification to establish that the materials, systems or
equipment to meet the performance criteria required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and
3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of
the Contract Time which are not inconsistent with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion
and the date of final completion, shall receive and forward to the Owner for the Owner's review and
records written warranties and related documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of
the Contract Documents.
2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and
Contractor under the requirements of the Contract Documents on written request of either the Owner or
Contractor. The Architect's response to such requests shall be made with reasonable promptness and
within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably
inferable from the Contract Documents and shall be in writing or in the form of drawings. When making
such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by
both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of
interpretations or decisions so rendered in good faith.
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2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the
intent expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or
other matters in question between the Owner and Contractor relating to the execution or progress of the
Work as provided in the Contract Documents.
2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question
between the Owner and Contractor, except for those relating to aesthetic effects as provided in
Subparagraph 2.6.17, shall be subject to mediation and /or arbitration as provided in this Agreement and in
the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
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 be paid for by the Owner as provided in this Agreement, in addition to the
compensation for Basic Services.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If the Owner and Architect agree that more extensive representation at the site than is described in
Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist
in carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the
Architect shall be compensated therefore as agreed by the Owner and Architect. The duties,
responsibilities and limitations of authority of Project Representatives shall be as described in the edition
of AIA Document 8352 current as of the date of this Agreement, unless otherwise agreed.
3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide
further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such
project representation shall not modify the rights, responsibilities or obligations of the Architect as
described elsewhere in this Agreement.
3.3 ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are:
inconsistent with approvals or instructions previously given by the Owner, including
revisions made necessary by adjustments in the Owner's program or Project budget;
required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents; or
due to changes required as a result of the Owner's failure to render decisions in a timely
manner.
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3.3.2 Providing services required because of significant changes in the Project including, but not limited
to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting
for construction, except for services required under Subparagraph 5.2.5
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating
Contractor's proposals, and providing other services in connection with Change Orders and Construction
Change Directives.
3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and
making subsequent revisions to the Contract Documents resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during
construction, and furnishing services required in connection with the replacement of such Work.
3.3.6 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor
under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or
others in connection with the work.
3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding
except where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding, negotiation or construction prior to the completion of the Construction Documents Phase.
3.3.10 Providing analyses of the Owner's needs and programming the requirements of the Project.
3.3.11 Providing financial feasibility or other special studies.
3.3.12 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.3.13 Providing special surveys, environmental studies and submissions required for approvals of
governmental authorities or others having jurisdiction over the Project.
3.3.14 Providing services relative to future facilities, systems and equipment.
3.3.15 Providing services to investigate existing conditions or facilities or to make measured drawings
thereof.
3.3.16 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.3.17 Providing coordination of construction performed by separate contractors or by the Owner's own
forces and coordination of services required in connection with construction performed and equipment
supplied by the Owner.
3.3.18 Providing services in connection with the work of a construction manager or separate consultants
retained by the Owner.
3.3.19 Providing detailed estimates of Construction Cost.
3.3.20 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.3.21 Providing analyses of owning and operating costs.
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3.3.22 Providing interior design and other similar services required for or in connection with the selection,
procurement or installation of furniture, furnishings and related equipment.
3.3.23 Providing services for planning tenant or rental spaces.
3.3.24 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals
of existing facilities.
3.3.25 Preparing a set of electronic record drawings showing significant changes in the Work made
during construction based on marked -up prints, drawings and other data furnished by the Contractor to the
Architect.
3.3.26 Providing assistance in the utilization of equipment or systems such as testing, adjusting and
balancing, initial start-up, preparation of operation maintenance manuals, training personnel for operation
and maintenance, and consultation during operation.
3.3.27 Providing services after issuance to the Owner of the final Certificate for Payment, or in the
absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of
the Work.
3.3.28 Providing services of consultants for other than architectural, structural, mechanical and electrical
engineering portions of the Project provided as a part of Basic Services.
3.3.29 Providing any other services not otherwise included in this Agreement or not customarily furnished
in accordance with general accepted architectural practice.
3.3.30 Reviewing current condition outside the proposed scope of work for ADA compliance.
ARTICLE 4
THE OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding requirements for the Project, including a program
which shall set forth the Owner's objectives, schedule, constraints and criteria, including space
requirements and relationships, flexibility, expandability, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall budget for the Project including the Construction
Cost, the Owner's other costs and reasonable contingencies related to all of these costs.
4.2.1 Specific examples of contingencies to be included in the Owner's overall budget include but are not
limited to:
.1 variations in design;
.2 unknowns and variables in market and bidding conditions; and,
.3 unknowns and variables in the construction process including, but not limited to:
.1 unforeseen underground and otherwise concealed conditions;
.2 changes in laws, codes, or regulations;
.3 changes in the Owner's program or functional needs;
.4 changes in available materials or systems;
.5 errors and omissions as described in Article 13;
.6 incidental changes normally associated with the Work; and,
.7 fast track construction (further described herein).
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4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been
made to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to
the Project. The Owner or such authorized representative shall render decisions in a timely manner
pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and
sequential progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility
locations for the site of the Project, and a written legal description of the site. The surveys and legal
information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining
property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data
pertaining to existing buildings, other improvements and trees; and information concerning available utility
services and lines, both public and private, above and below grade, including inverts and depths. All the
information on the survey shall be referenced to a Project benchmark.
4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested
by the Architect. Such services may include but are not limited to test borings, test pits, determinations of
soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity
tests, including necessary operations for anticipating subsoil conditions including water conditions with
reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably
required by the scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests for hazardous
materials, and other laboratory and environmental tests, inspections and reports as required by law or the
Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be
necessary at any time for the Project, including auditing services the Owner may require to verify the
Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the
money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Article 4 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of
any fault or defect in the Project or nonconformance with the Contract Documents.
4.11 The proposed language of certificates or certifications requested of the
Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certifications that would require knowledge or
services beyond the scope of this Agreement.
4.12 Notwithstanding any term or condition whatsoever of this Agreement to the contrary, it is understood
and agreed that Architect has no expertise with regard to asbestos and shall have no responsibility
whatsoever for or control over the detection, removal or disposal of asbestos. Architect shall have no
responsibility or control over the selection or retention of any expert, consultant, contractor or sub-
contractor engaged in the detection, removal or disposal of asbestos, nor shall Architect be responsible in
any manner to anyone for the acts or omissions of any person or entity arising from the detection, removal
or disposal of asbestos. Owner shall, at Owner's expense, defend, indemnify and hold Architect harmless
from and against any and all injuries, losses, liabilities, damages, or claims therefore asserted against
Architect arising out of, connected with, or relating directly or indirectly to the detection, removal or
disposal of asbestos from the Project site. Such indemnity shall include without limitation, costs, expenses
and attorney's fees which Architect may at any time sustain or incur by reason of any of the foregoing.
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4.12.1 Owner shall retain, at Owner's expense, the services of a certified asbestos and or hazardous
waste consultant ( "Owner's Consultant ") to survey and identify the existence and location of asbestos and
or hazardous waste on the Project site. Owner's consultant shall therefore develop specifications for the
removal of all asbestos and or hazardous waste, prepare asbestos and or hazardous waste removal
drawings and directly oversee implementation of said removal.
4.12.2 Owner shall furnish Architect with a written notice which identifies the items to be removed and
where such items are located. Upon receipt of such notice, the Architect shall commence preparation of
the Basic Services described in Section Article 2 of this agreement, provided, however, that no personnel
acting for or on behalf of the Architect shall undertake or be required to physically inspect the Project site
until Owner shall have provided Architect with a certification, acceptable in form and substance to
Architect, signed by Owner's consultant stating that all asbestos has been removed from the Project site
and that the Project site does not contain asbestos fiber concentrations in excess of those allowed by
local, state and federal laws and regulations, in force as of the date of such certification.
4.12.3 Except as otherwise provided in the second sentence of 4.12.2 hereof, Architect's receipt of such
certification shall be a condition precedent to Architect's commencing performance of the services and to
any undertaking of the responsibilities set forth in this Agreement, and the time for the commencement of
any duty to be performed by Architect under this Agreement or otherwise shall not commence until
Architect has received and approved said certification. Owner and Owner's consultant shall have complete
responsibility for and control over the detection, removal or disposal of asbestos from the Project site
including, but not limited to, assuring compliance with all applicable local, state and federal governmental
laws and regulations.
4.13 The Architect hereby states, and the Owner acknowledges, that the Architect has no professional
liability or other insurance, and is unable to obtain such insurance reasonably for claims resulting from the
actual, alleged, or threatened discharge, dispersal, release, or escape of any solid, liquid, gaseous or
thermal irritant or containment, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste
materials to be recycled, reconditioned or reclaimed (collectively, "pollutants "), other than claims arising
from the design and construction of potable water systems, storm water systems and construction of
potable water systems, storm water systems and sewerage systems (collectively, "covered claims ").
4.13.1 Accordingly, the Owner hereby agrees to bring no claim (other than a covered claim) for
negligence, breach of contract, indemnity, or otherwise against the Architect, or the Architect's principals,
employees, agents or consultants relating to pollutants associated in any way with the Project. The Owner
shall defend, indemnify, and hold the Architect and the Architect's principals, employees, agents and
consultants harmless from any and all injuries, losses, liabilities, damages or claims (other than covered
claims) of any nature whatsoever relating to pollutants associated in any way with the Project including,
without limitation, the costs, expenses and attorney's fees which the Architect, the Architect's principals,
employees, agents or consultants may at any time sustain or incur by reason of any of the foregoing. The
foregoing indemnification provision includes, without limitation, claims arising from the actual, alleged or
threatened discharge, dispersal, release or escape of pollutants in or into the atmosphere, or on, onto,
upon, in, or into the surface or subsurface (a) soil, (b) water or water courses, (c) objects, or (d) any
tangible or intangible matter, whether sudden or not.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the
Project designed or specified by the Architect.
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5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials
furnished by the Owner and equipment designed, specified, selected or specially provided for by the
Architect, plus a reasonable allowance for the Contractor's overhead and profit.
5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants,
the cost of the land, rights -of -way, financing or other costs which are the responsibility of the Owner as
provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's project budget, preliminary estimates of Construction Cost, and
detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best
judgement as a design professional familiar with the construction industry. It is recognized, however, that
neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the
Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating
conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated
prices will not vary from the Owner's project budget or from any estimate of Construction Cost or
evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the
furnishing, proposal or establishment of a project budget unless such fixed limit has been agreed upon in
writing and signed by the parties hereto. If 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, component systems and types of construction are to be included in the Contract Documents,
to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in
the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits
the Construction Documents to the Owner, any project budget or fixed limit of Construction Cost shall be
adjusted to reflect changes in the general level of prices in the construction industry between the date of
submission of the Construction Documents to the Owner and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by
the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3, or
.4 cooperate in revising the Project scope and quality as required to reduce the Construction
Cost.
5.2.5 If a Contractor or Construction Manager is providing construction cost estimates or cost control
services for the Owner, the Architect shall be entitled to rely on the information provided. If a fixed limit of
Construction Cost is exceeded because of Architect's failure to comply with the information furnished by
the Contractor or Construction Manager providing cost control services, the Architect shall modify the
Construction Documents with the approval of the Owner at the Architect's expense as necessary to
comply with the fixed limit of construction cost. The modification of Contract Documents shall be the limit
of the Architect's responsibility arising out of the establishment of a fixed limit. However, if the Architect
has complied with information furnished by the Contractor or Construction Manager providing cost control
services and the fixed limit of Construction Cost is exceeded, then Architect shall be entitled to
compensation in accordance with this Agreement for all services performed whether or not the
Construction Phase is commenced.
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ARTICLE 6
USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND
OTHER DOCUMENTS AND TRANSFER OF ELECTRONIC DATA
6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are
instruments of the Architect's service for use solely with respect to this Project and, unless otherwise
provided, the Architect shall be deemed the author of these documents and shall retain all common law,
statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies,
including reproducible copies, of the Architect's Drawings, Specifications and other documents for
information and reference in connection with the Owner's use and occupancy of the Project. The
Architect's Drawings, 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. In the event of any reuse whatsoever of said documents
by or through the Owner, the Owner hereby agrees to indemnify, defend and hold harmless the Architect
from any and all claims, causes, damages, losses, liability and expenses, including but not limited to
attorney's fees arising out of said use.
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar
purposes in connection with the Project is not to be construed as publication in derogation of the
Architect's reserved rights.
6.3 As a part of Basic Services, Architect will provide Owner Electronic Data in accordance with this
Article 6.3. Electronic Data is defined as computer -aided design (CAD) files. Unless otherwise provided
as a condition of this Agreement, Electronic Data remains the property of the Architect.
6.3.1 The Architect shall make Electronic Data available at specific Project milestones which are at the
end of Schematic Design Phase, the end of Design Development Phase, the end of the Construction
Document Phase and at the time construction bid packages are issued. It is anticipated the Architect will
provide the Owner this information via an electronic transfer at the above milestone dates. The Architect
does not anticipate distributing the Electronic Data to third parties. However, the Owner may distribute the
information in accordance with this Agreement. If Electronic Data is needed in addition to the specific
Project milestones listed above, the Architect shall be compensated as an Additional Service.
6.3.2 The Electronic Data will be provided in an original format produced by Architect. The specific
Electronic Data and format to be transferred is at the sole discretion of Architect. The means by which the
Electronic Data is transferred may include but are not limited to, electronic mail, File Transfer Protocol
(FTP) sites, project websites, and disk copies transmitted between the parties in this Agreement.
6.3.3 Owner acknowledges that Electronic Data transferred in any manner or translated from the
system and format used by Architect to an alternate system or format is subject to errors that may affect
the accuracy and reliability of the data and that the data may be altered, whether inadvertently or
otherwise. Accordingly, Architect makes no warranty, express or implied, as to the accuracy of the
information transferred. The Electronic Data are not the Construction Documents and differences may
exist between these electronic files and corresponding hard -copy Construction Documents. Architect
reserves the right to retain hard copy originals in addition to electronic copies of the Electronic Data
transferred, which originals shall be referred to and shall govern.
6.3.4 As consideration to Architect for the transfer of the Electronic Data, Owner agrees that Architect
shall not be liable for and hereby waive all claims and agree to indemnify and hold Architect harmless from
all liabilities, losses, damages or expenses (including attorneys' fees) arising out of, or connected with: (1)
the Owner's transfer of Electronic Data by any means; or (2) the use, modification or misuse by parties
other than Architect of the Electronic Data; or (3) the limited life expectancy and decline of accuracy or
readability of the Electronic Data due to storage; (4) any use of the Electronic Data by any third parties
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receiving the data; or (5) the incompatibility of software or hardware used by Architect and the other
parties to this Agreement.
6.3.5 The Electronic Data provided by Architect under the terms of this Agreement are the proprietary
information of Architect. All Electronic Data shall be treated as confidential and is not to be disclosed to or
shared with others without Architect's express, written consent.
6.3.6 Owner agrees to include language similar to paragraphs 6.3.1 through 6.3.5 in the General
Conditions to the Contract for Construction and require Contractors, Construction Managers,
Subcontractors and Vendors to agree to these terms and conditions for the transfer of Architect's
Electronic Data for the project.
ARTICLE 7
DISPUTE RESOLUTION /ARBITRATION
7.1 Any controversy, claim or dispute arising out of or relating to the interpretation, construction, or
performance of this Agreement, or breach thereof, shall be referred to voluntary, nonbinding mediation to
be conducted by a mutually acceptable mediator prior to resorting to litigation or arbitration.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon not less than seven (7) days written
notice should the other party fail substantially to perform in accordance with the terms of this Agreement
through no fault of the party initiating the termination.
8.2 If the Project is suspended by the Owner for more than thirty (30) consecutive days, the Architect
shall be compensated for services performed prior to notice of such suspension. When the Project is
resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the
interruption and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon not less than seven (7) days' written
notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned
by the Owner for more than ninety (90) consecutive days, the Architect may terminate this Agreement by
giving written notice.
8.4 Failure by the Owner to make payments, within sixty (60) days of the date posted, to the Architect
in accordance with this Agreement shall be considered substantial nonperformance and cause for either
termination or suspension.
8.5 If the Owner fails to make payment when due the Architect for services and expenses, the
Architect may, upon seven (7) days' written notice to the Owner, suspend performance of services under
this Agreement. Unless payment in full is received by the Architect within seven (7) days of the date of the
notice, the suspension shall take effect without further notice. In the event of a suspension of services, the
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such
suspension of services.
8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for
services performed satisfactorily prior to termination, together with Reimbursable Expenses then due and
all Termination Expenses as defined in Paragraph 8.7.
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8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and
include expenses which are directly attributable to termination. Termination Expenses shall be computed
as a percentage of the total compensation for Basic Services and Additional Services earned to the time
of termination, as follows
1 Five percent of the total compensation for Basic and Additional Services earned to date if
termination occurs during any subsequent phase.
8.8 The Owner shall reimburse the Architect for all costs incurred in collection of unpaid accounts,
including, without limitation, all reasonable attorney and legal expenses.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be governed by the law of the State of Indiana
and all claims based upon this Agreement shall be filed in the state courts of St. Joseph County, Indiana.
9.2 Terms in this Agreement shall have the same meaning as those in 1997 edition of AIA Document
A201, General Conditions of the Contract for Construction.
9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall
be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than
either the date of Substantial Completion for acts or failures to act occurring prior to Substantial
Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring
after Substantial Completion.
9.4 The Owner and Architect waive all rights against each other and against the contractors,
consultants, agents and employees of the other for damages, but only to the extent covered by property
insurance during construction, except such rights as they may have to the proceeds of such insurance as
set forth in the 1997 Edition of AIA Document A201, General Conditions of the Contract for Construction.
The Owner and Architect each shall require similar waivers from their contractors, consultants and agents.
9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and
legal representatives to the other party to this Agreement and to the partners, successors, assigns and
legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner
nor Architect shall assign this Agreement without the written consent of the other.
9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either the Owner or Architect.
9.8 The Architect shall have the right to include representations of the design of the Project, including
photographs of the exterior and interior, among the Architect's promotional and professional materials.
The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner
has previously advised the Architect in writing of the specific information considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the Project.
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ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on
the Project and the portion of the cost of their mandatory and customary contributions and benefits related
thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and
include expenses incurred by the Architect and Architect's employees and consultants in the interest of the
Project as identified in the following Clauses.
10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with
authorized out -of -town travel; long- distance communications; facsimile communications; courier services;
express mail; and fees paid for securing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproduction, postage and handling of Drawings, Specifications and other
documents.
10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular
rates.
10.2.1.4 Expense of renderings, models and mock -ups requested by the Owner.
10.2.1.5 Expense of any additional insurance coverage or limits, including professional liability insurance,
requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants.
10.2.1.6 Expense of data processing, photography and photo prints used for the Project or on behalf of
the Owner.
10.2.1.7 Expenses including, without limitation, attorney's fees and legal costs incurred by Architect in
connection with any claims (other than personal injury or property damage liability claims made by Owner
and Owner's employees), which are asserted against Architect arising out of Architect's Services
hereunder, to the extent that Architect is not reimbursed for such expenses under any insurance policy.
10.2.1.8 All payments to be made by the Owner under this Agreement shall be increased by the addition
of applicable Sales and Use Taxes, if any.
10.2.1.9 The Owner shall reimburse the Architect for all costs incurred in collection of unpaid accounts,
including, without limitation, all reasonable attorney and legal expenses.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment to determine the overall project scope has been previously made. The portion
that applies to work covered under this agreement will be credited to the fee per Paragraph 11.1.
10.3.2 Subsequent payments for Basic Services shall be made in accordance with this Agreement.
Payments are due to the Architect within forty five (45) days from the date of invoice. Invoices are
presented monthly and Owner will review the invoices promptly and notify Architect of any inaccuracies.
After ten (10) working days from the receipt of the invoices, said invoices will be deemed accurate unless
Owner has notified Architect to the contrary.
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10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is
exceeded or extended through no fault of the Architect, compensation for any services rendered during
the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.3.
10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the
Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be
payable to the extent services are performed on those portions, in accordance with the schedule set forth
in Subparagraph 11.2.2, or in the absence of Subparagraph 11.2.2 refer to the Payment Schedule, based
on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the
most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such
portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall
be made monthly upon presentation of the Architect's statement of services rendered or expenses
incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's compensation on account of claims of penalty,
liquidated damages, or negligent errors or omissions in performance of professional services by the
Architect, except pursuant to a judicial award or an award rendered in a proceeding in accordance with the
Construction Industry Rules of the American Arbitration Association.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services
performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or
Owner's authorized representative at mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of 0 dollars $(0.00 ) shall be made upon execution of this Agreement and
credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 or
described in Exhibit No. 1 are a part of Basic Services, and basic compensation shall be computed as
follows:
$55,000 (Fifty -five thousand dollars)
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress
payments for Basic Services in each phase shall be per Exhibit 4, "Design Fee Budget.
11.3.1 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph
3.2, compensation shall be computed as follows:
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11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12 or
described in Exhibit No. 3, other 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 be computed as follows:
Refer to Hourly Rate Chart- Exhibit 3
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 and fifteen - hundredths (1.15) 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 8 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 Subparagraph 11.3.
11.5.2 Payments due the Architect and unpaid under this Agreement shall bear interest from the date
payment is due at the rate of two percent (2 %) over the prevailing Bank of America prime interest rate or
an interest charge in accordance with the statutes of the state where the project is located, whichever is
greater, shall accrue on any unpaid balance not received ninety (90) days following receipt of an invoice.
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 OF SERVICES
12.1 The Owner, in accordance with Paragraph 4.4, hereby designates Bill Schalliol as the Owner's
representative.
12.2 FAST TRACK
12.2.1 If the Owner and Architect decide that the project will be designed, bid and constructed according
to a "Fast Track" schedule. Fast Track scheduling is being utilized to obtain beneficial occupancy of the
Project at the earliest feasible time and requires the Architect's issuance of portions of the Contract
Documents for bidding, contracting and constructing portions of the Work prior to completion of remaining
portions of the Contract Documents. The Owner acknowledges that Fast Track scheduling precludes
overall coordination and completion of each portion of the Contract Documents at the time of their
issuance, requires subsequent revisions to the Contract Documents to effect their overall coordination and
completion and requires corresponding construction Changes Orders adjusting the Contract Sum. A
reasonable contingency in the amount of five percent (5 %) of the construction cost will be included in the
estimate and budget for Change Order amounts so required.
12.3 AMERICAN WITH DISABILITIES ACT
12.3.1 With respect to the Americans with Disabilities Act ( "ADA "), Owner acknowledges that the ADA is
not a detailed building code and that its requirements are general in nature and open to differing
interpretations. Architect will use its reasonable professional efforts to interpret applicable ADA
requirements and to advise Owner in this regard. However, Architect does not warrant or represent that
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services provided under this Agreement will result in full project compliance with the ADA or all
interpretations of ADA requirements by regulatory bodies or court decisions. In addition, if the Owner
requires that the construction of the project deviate from the Architect's reasonable judgment and
understanding of the provisions of the ADA, Owner shall hold Architect harmless from any claim based
upon such deviation. For clarity, this does not relieve the Architect of its duty to adhere to applicable state
and local building codes.
ARTICLE 13
LIMITATION OF LIABILITY
13.1 The Owner and the Architect acknowledge that a reasonable number of change orders may occur
during Construction Phase resulting from errors and omissions in the documents prepared by the
Architect and the Architect's consultants.
13.2 The Architect shall provide at no additional cost to the Owner professional services to design,
document, and process corrective measures for negligent errors or omissions caused by the Architect and
the Architect's consultants.
Exhibits
Exhibit No. 1 Description of Scope of Work
Exhibit No. 2 Schedule
Exhibit No. 3 Hourly Rate Chart
Exhibit No. 4 Design Fee Budget
This Agreement entered into of the day and year first written above.
OWNER
CITY OF SOUTH BEND
( Signature )
( Printed name and title )
19 of 19
ARCHITECT
POPULOUS, INC.
( Signature )
( Printed name and title )
EXHIBIT 1
Date: 05 February 2010
SCOPE OF WORK
DESIGN SERVICES (Including 2.4, 2.5, and 2.6) FOR THE STANLEY COVELESKI IMPROVEMENTS FOR THE
FOLLOWING WORK
New netting /backstop system (see note 1)
The existing pole supported backstop netting system will be removed and replaced with a modern design
utilizing cables only for improved visibility. The height of the net will be increased to accommodate future
upper level improvements. The system will be supported by either new field light poles or new tie down
poles located adjacent to the foul ball poles on both the first and third base lines. The proposed system
will utilize dyneema rope or galvanized steel cabling and spectra netting.
New field /wall pads
Existing field wall pads will be removed and replaced with new pads. In addition to field wall pads, new
padding will be installed at railings as appropriate for player safety.
Replace field lighting fixture
Existing playing field lighting system will be reviewed by Musco lighting to determine their condition.
Existing lights will be re- lamped or the entire system will be replaced. NOTE: Musco typically includes all
engineering services for new systems including pole and foundation design; therefore, no fee is included
in this proposal for engineering of the playing field lighting system.
Refurbish restrooms on concourse (see note 1)
Existing toilet rooms (2 Men, 2 Women) located at the ends of the concourse, currently serving as
storage, will be completed and used for their intended purpose. Work will include installing fixtures
(plumbing stub outs exist) and finishes as required to make the spaces operational. Existing plumbing
locations will have to be verified as in compliance with ADA requirements. The types of finishes will
match what is currently installed in similar areas.
Fix seating bowl
The existing seating bowl will be reviewed and areas requiring cosmetic improvements will be
documented. All control joint sealant will be removed and replaced. Irregular concrete patches will also
be removed and replaced.
Repair gutters on existing concourse roof
The existing guttering system will be evaluated and recommendations made as to either repair or replace
with new.
Renovate dugouts (see note 1)
Existing dugouts will be improved with new benches and storage racks, flooring, painting, and other
amenities similar to new minor league facilities. ADA improvements within the dugouts are not
anticipated and not part of this scope of work.
ADA audit (see note 2)
A review of existing ADA conditions will be conducted focusing on the accessible path into the stadium.
The audit will not be a review of the entire facility, only the accessible path and those areas included in
the currently and future proposed construction. A written report outlining the deficiencies with proposed
remedies will be provided.
Note 1. Wightman Petrie will perform engineering services as needed for the item of work.
Note 2. Wightman Petrie will perform all work associated with the ADA Audit.
Note 3 Wightman Petrie will perform all Construction Administration duties for the Scope of Work
identified in this exhibit.
SCHEDULE
EXHIBIT 2
Date: 05 February 2010
DESIGN SERVICES FOR THE STANLEY COVELESKI IMPROVEMENTS
Construction Documents- 6 weeks
Based on the approved scope or work, Populous and Wightman Petrie will create construction documents
suitable for permitting and bidding.
Construction Administration- TBD
Construction Administration activities will be dependent on the contractor's timeline to complete the work.
Wightman Petrie will perform all CA activities.
EXHIBIT 3
Date: 5 February 2010
HOURLY RATE CHART
DESIGN SERVICES FOR THE STANLEY COVELESKI IMPROVEMENTS
HOK Sport Venue Event
Hourly Personnel Rates
Job Title
2009
,
i
Senior Principal
$ 350
Senior Architect
$ 270
Architect
-- —
$ 225
Senior Architect Technican
$ 140
Architect Technician
$ 120
CADD Technician
$ 120
Senior Landscape Architect
$ 285
Landscape Architect
$ 165
Senior Landscape Architect Technician
$ 140
Senior Urban Planner
$ 300
Senior Interior Designer
$ 180
Interior Designer
$ 160
Interior Design Technician
$ 95
Senior Graphic Designer
$ 150
Graphic Designer
!
$ 120
Graphic Design Technician
$ 95
CA Manager
$ 185
Sustainability Coordinator
$ 200
Facility Programmer
$ 225
Senior Specification Writer
$ 200
j
Specification Writer
$ 120
Senior Computer Animator
$ 225
Computer Animator
$ 166
Computer Technician
$ 95
Model Shop Supervisor
$ 150
Model Maker
$ 95
Illustrator
j
$ 95
Administrative Assistant
$ 100
Senior Facility Operations Consultant
$ 350
Facility Operations Consultant
$ 225
Facility Operations Technician
$ 95
Event Manager
$ 225
Intern
$ 45
(effective 08 -2009)
STANLEY COVELESKI BALLPARK IMPROVEMENTS
Design Fee Budget- Pre Phase 1
February 5, 2010
BASIC SERVICES
AGREEMENT
P &P
SD
COST OF WORK
CD
$
682,000
Architecture, Interiors
Populous
$ $
PHASE
$
40,000
FEES
SCHEDULE
MEP /Struct Engineering
W/P
Programming /Concept
$
$
-
$ 3,000
$ 15,000
Civil Engineer
Schematic Design
$ $
$
$
-
0%
SD
Design Development
NIC
$
-
$
0 %
DD
Construction Documents
$
59,000
$0
91%
CD
Construction
$ 55,000
$
5,500
9%
CA
7nfa� Fnna
S
U500
9.5% 1
100 %
TOTAL
EXHIBIT 4
Discipline
Consultant
P &P
SD
DD
CD
CA
Totals
Architecture, Interiors
Populous
$ $
$
$
40,000
$ -
$ 40,000
MEP /Struct Engineering
W/P
$ $
$
$
12,000
$ 3,000
$ 15,000
Civil Engineer
NIC
$ $
$
$
-
$ -
$
Landscape Architect
NIC
$ $
$
$
$ -
$
Total Fee - BASIC SERVICES
$0
$0
$0
$52,000
$3,000
$ 55,000
TOTAL FEE BASIC + FINISH OUT SERVICES 11 $ - $ - $ - $ 52,000 $ 3,00011$ 55,000
BASIC + FINISH OUT + FF &E + REIMBURSABLE $ $ - I $ $ 59,000 1 $ 5,500 $ 64,500