HomeMy WebLinkAboutProfessional Services Agreement - KIL Architecture and Planning - Engineering Assistance for New Maintenance Storage Building1316 COUNTY-Cri"y BUILDING
227 W, R.HTRSON BOULEVARD
Soui'ii Hr-ND. INDIANA 46601-1830
CITY OF SOUTH BEND PE'rE Bun'tGIEG, MAY
BOiARD OF PUBLIC WO I
January 23, 2018
Gregory Kil
KIL Architecture and Planning, Inc,
1126 Lincolnway East
South Bend, W 46,601
RE- Professional Services Agreement
Dear Mr, Kil:
PHONE' 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on January 23, 2018, approved the above
referenced agreement regarding engineering assistance for the new maintenance storage
building in the amount not to exceed $32,400.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c: Patrick Sherman, Venues, Parks, and Arts
GAILY' A. Git,oi' SUZANNA M. FRITZBER(3 ELIZABETH A. MARADIK JAmI,.s A. MuIzt-i,IR THERESE J. DoRAU
@
11-11111"AIA DocumentB101"m-2017
AGREEMENT made as of the Third day of January in the year Two Thousand Eighteen
(In ivoi-ds, indicate day, month andyew-)
BETWEEN the Architect's client identified as the Owner;
Ovanrie, legal status, address and other, iqfoi-inalion)
South Bend Venues Parks & Arts
1020 High Street
South Bend, IN 46601
and the Architect:
(Alame, legal stagers, address and other~ iqfoi -niation)
Gregory A. Kil & Associates, Inc. dba Kil Architecture/Planning 1126 Lincolnway East
South Bend, IN 46601
Telephone Number: 574-288-2654
Fax Number: 574-288-2420
for the following Prqject:
(Name, location and detailed desci1pion)
VPA Maintenance Facility
South Bend, Indiana
Design Drawings for Permits and Construction for A New Storage Building located at
High Street, South Bend Indiana
The Owner and Architect agree as follows.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
AIA IDocument B101'm— 2017, Copyright 0 1974,1978, 1987, 1997„ 2007 and 2017 by The Arnerkan institute of Architects. A111 rights reserved. WARPHNG�
'niis MA", Document in, protected by US. CopyNght Law anid blitornational Treades. UnauthaNzed reprodaxfion oiii iMat0bution ofthW ALA II Dociurnent,
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User Notes: (3B9ADAIC)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4, SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8, CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
,§ 1.1 This Agreement is based on the Initial Information set forth in this Section I . I
(fi'or each item in this section, insert the information or a statement such cis "not applicable " or "unlo?own at thne
qfexeculion. ')
§ 1.1.1 The Owner's program for the Project:
(Insert the Owner,513rogram, idenlyj) documentation that establishes the 0iwer 'S program, or stale the manner in
which the program will be clevelopecl.)
The discussions at the meeting with the Owner Representatives on December 14th, 2017 at the SB VPA
Maintenance Facility, along with the Program Outline sent to the Architect by Patrick Sherman on 12.18.17
will serve as the basis foi- the project. This is summarized as follows:
l. Storage considerations for additional Maintenance building:
Iterns, that will need to be stored:
- 30' — 40' Experiential Recreational Vehicle (Pull through preferred)
- VPA Best. Week, Ever, Sign (12' wide by 16' long)
2. Iterns that may need to be stored:
- 2 Leaf VacuumTrucks
- Rock Wall Trailer (currently on site exposed to elements)
- Zamboni (during summer)
- Boom lift
- Bucket truck
- East Race Rafts (flattened)
* 20 plows
3. Potential features:
- Vertical Pallet Storage
AIIA Document B1 01 T14 — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.'"rARMNG!!
Init. Ms AM" Domintent is protelated by U.S. Colpyii,ight Law and internatkni"M 'No'Wos' U11vAttrhod,'re,,1 �elprodiarMon or distdbutilon of this MAIII Document,
or any portion of it, may nesutt iin severe ciwfl and: crkninall pleriahips, and will he prosecuted to the rnaKirnurn iDxLent possibte undert1he low. This 2
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User Notes: (3139ADAIC)
• Explore basic heat
• Electric
• Water for washing vehicles? (perhaps added later)
o What would drain requirements be?
4, Other ideas/options
• Could possibly add pallet storage and heat to current cold storage building and use as.
materials/product storage building. Create new building just to store vehicles.
• Need to explore use of open space on campus to make more efficient.
• Need to be cognizant of appearance on Sample St. as well as safety/security.
• Possibility of adding car port style overhangs to add cover cheaply, but not preferred.
§ 1.1.2 The Project's physical characteristics:
(Ielentify or describe pertinent information about the Projects physical characteristics, such cis size; location;
dimensions; geotechnical reports,- site boundaries; topographic surveys; tr off c and utility starches; availability of
public and private utilities and services; legal descaiption of the site, etc.)
§ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6,1:
(Provide total and, if knot►,n, a line item breakdown.)
§ 1.1.4 The Owner's anticipated design and construction milestone dates:
.1 Design phase milestone dates, if any:
From a signed agreement, Phase l Preliminary Design is expected to require up to 4 weeks to prepare,
Phase Il DD and Construction Documents are expected to require tip to 4 to h weeks to prepare.
Approvals and Owner review may impact this schedule and require additional time.
.2 Construction commencement date:
.3 Substantial Completion date or dates,
.4 Other milestone dates:
§ 1.1.5 The Owner intends the following procurement and delivery method for the Project:
(Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast -
track design and construction, nauhiple bid packages, or phased construction.)
§ 1.1.6 The Owner's anticipated Sustainable Objective for the Project:
(Identify, and describe the Owner's Sustainable Objective for the PrP,iect, if any.)
§ 11.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate
AIA Document B101 TM — 2017, Copyright d 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, )NAp"tIIbGNG►
Init. 1Ms AIA"" Da.c uasment'is protected Iuy US, f olpivu'Bf, ht Law w,,An Po mn4 rn efkA rW "iumrusflo s� ba►o utllhw zed irepurod ucUon or rfnstirhllruu►dour rsh`,this AIll"All Iltarcionent, 3
or any ppuaekrm of Bt, urnmy aresult hb severe cNiff wtd cirfinI call puemiaffues, and MH be prosecuted to the uinaxknuirrm extent 1WrrsMbde undeiu Me Nw, This
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User Motes: (3139ADA1C)
AIA Document E204T11 2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and
services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner
and Architect shall incorporate the completed E204-20 17 into the agreements with the consultants and contractors
performing services or Work in any way associated with the Sustainable Objective.
§ 1.1.7 The Owner identifies the following representative in accordance with Section 5.1:
(List name, c0ch-ess, and other contact bffibi-malion.)
Patrick Sherman,
Project Manager, Facilities and Grounds
South Bend Venues Parks & Arts
1020 High Street
South Bend, IN 46601
Telephone: (574)235-5601; pshermanoasouthbendin.gov
§ 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's
submittals to the Owner are as follows:
(List name, address, and other- contact iqfoiwiadon)
§ 1.1.9 The Owner shall retain the following consultants and contractors:
(List name, legal status, address, and rather contact infor-mation)
1 Geotechnical Engineer:
,2 Civil Engineer:
.3 Other, if any:
(List any rather- consultants and contractors retained h), the 01 jnei-)
§ 1.1.10 The Architect identifies the following representative in accordance with Section 2.3:
(List name, acktress, and crthet, contact hffibiwiation.)
Gregory A. Kil, Principal Architect (Mobile Number: 574-220-8867)
Dan VonBergen, Project Architect
1126 Lincolnway East
South Bend, IN 46601
Telephone Number: 574-288-2654; Fax Number: 574-288-2420
Email Address: gkil@kilal-chitC0tUrc.corn
§ 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and I , I . 11.2:
(List name, legal status, acicb,ess, and rather, contact b?f0rination)
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Thiu MIA" IIDocurunvnt is protected hyiVll, A. C,01pyH5fht IILaw aind kiternationA TreaHws, Unauthorized mproduetton or Watrffiuflon oftWs AW1 Dolaurnent,
or any P'Drflixu Of it, iiiiiay resnuft Isevere cvfl aind crlinihiall penaWes, and MR, be proiwcuted to the rnaxdmurn extenp t ossibie winder the law. This 4
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User Notes, (389ADA1G)
§ 1.1.11.1 Consultants retained Under Basic Services:
J Structural Engineer:
Siqueira, LLC, Individual
Brian Siqueira
15635 Embers Drive
Mishawaka, IN 46545
Telephone Number: (734) 341-3881
Fax Nunnbcr: (574) 258-5224
,2 Mechanical Engineer:
3 Electrical Engineer:
Prodecomm Engineering, General Corporation
Jim Sabinas
PO Box 910
North Liberty, IN 46544
§ 1.1.11,2 Consultants retained under Supplemental Services;
§ 1.1.12 Other Initial Information on which the Agreement is based:
I. it is understood that Mechanical HVAC will be limited as the facility will be a cold storage building,
except suspended gas fired units may be required to keep the space at a minimum of 45 to 50 degrees.
2. Site design is included, but will entail basic site utilities and on site storage of storm retention using swales
or drywells (Civil/Landscape/Site utilities, etc.). If a SWPPP plan is required or a comprehensive storm
retention assessment of the entire maintenance Facility Campus is required by the City of SB
engineering, additional fees Would be required. This would be assessed at the end of Phase I
Preliminary Design.
3. Schematic Design is based upon the Program sent to the Architect on 12.18.17. Minor changes or
adjustments from this Program can be incorporated into the Construction Documents. Major changes
may incur additional fees.
4.The building will be designed in accordance with the applicable Indiana Building Code, A submittal
to the local building official will be required for review /approval and for pulling a local permit
for construction,
5. All permit fees from local or state authorities to be paid by Owner/Contractor and are not included
in the design fee.
6. Variances, special uses, investigation, research and preparation of easements and/or rezoning are not included.
7. Hazardous materials investigation and abatement not included,
8. Energy and econornic analysis, lifecycle and energy cost analysis is not included..
9. LEED Certification design and/or Green Building Certification or Commissioning is not included.
10, Disassembly and testing of existing equipment and systems is not included,
AIA Document B1011m-2017. Copyright@ 1974, 1978,1987, 1997, 2007 and 2017 by The American Institute of Architects. AH rights reserved. YVARNIM3:!
Init, ThW AW Document is pirotected lby U3, Copyright Law aind lirftrurlatjop al UnaLftherized roliprovfigctioin oirdishIbuflon offlMs AIA111 Docuirirwnt,
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or any 1podion of R, may result hi severe cW and a!�iflinflnall penalUes, and wHi I.w prosecuted to Me rnaximurn wftnt possIbW undoV the kmyy� This
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§ 1.2 The Owner and Architect may rely oil the Initial Information. Both parties, however, recognize that the Initial
Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
Architect's services, schedule for the Architect's services, and tile Architect's compensation. The Owner shall adjust
the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as
necessary, to accommodate material changes in the Initial Information,
§ 13 The parties shall agree upon protocols governing the transmission and Use Of Instruments of Service or any
other information or documentation in digital form. The parties will use AIA Document E203TIL-2013, Building
Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission,
and exchange of digital data.
§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model Without agreement to protocols
governing the use of, and reliance on, the information contained in the model and without having those protocols set
forth in AIA Document E203T11-2013, Building Information Modeling and Digital Data Exhibit, and the requisite
AIA Document (3202"11-20 t3, Project Building Information Modeling Protocol Form, shall be at the using or
relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or
contributors to, the building information model, and each of their agents and employees.
ARTICLE 2 ARCHITECT'S RESPONSIBUTIES
§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it
is properly licensed in the jurisdiction where the Project is located to provide the services required by this
Agreement, or shall cause such services to be performed by appropriately licensed design professionals.
§ 2.2 The Architect shall perform its set -vices consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
tile Project.
§ 23 The Architect shall identify a representative authorized to act oil behalf of the Architect with respect to the
Project.
§ 2A Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
§ 2.5 The Architect shall maintain tile following insurance until termination of this Agreement, If any of the
requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner
shall pay the Architect as set forth in Section 11.9.
§ 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) for
each crecurrence and Two Million Dollars ($ 2,000,0K00 ) in the aggregate for bodily injury and property damage.
§ 2.5,.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy
limits of not less than One Million Dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and
property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other
statutorily required automobile coverage.
§ 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and
Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such
primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages
required tinder Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide
narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying
limits only through the actual payment by the underlying insurers.
§ 2.5.4 Workers' Compensation at statutory limits.
§ 2.6.5 Employers' Liability with policy limits not less than Five Hundred Thousand Dollars ($ 500,000.00 ) each
AIA Document BIOJT"— 2017. Copyright 0 1974,1978, 1987, 1997, 2007 and 2017 b,y The Amedcan Institute of Architects. All rights reserved. WARNING:
Init. TMs MAII Ipoturnernrt is pmteded by k IS CopVrlght taw and I nternaOonal, rreatle& il.lnauthoKzed reprudtxtion oirdIstrlbuklun of ths, AM"' IDorunnent,
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accident, Five Hundred Thousand Dollars ($ 500,000.00 ) each employee, and Five Hundred Thousand Dollars
($ 500,000,00 ) policy limit.
§ 2.5.6 Professional Liability covering negligent acts, errors and ornissions in the performance of professional
services with policy limits of not less than One Million Dollars ($ 1,000,000,00 ) per claim and Two Million Dollars
($ 2,000,000.00 ) in the aggregate.
§ 2.5,7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary
and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as
an additional insured for claims caused in whole or in part by the Architect's negligent acts or emissions. The
additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall
apply to both ongoing and completed operations,
§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the
requirements in this Section 2,5.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3,11 The Architect's Basic Services consist of those described in this Article 3 and include Usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental
or Additional Services.
§ 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project
meetings, Communicate with members of the Project team, and report progress to the Owner,
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness,
and timeliness of, services and information furnished by the Owner and the Owner's consultants, The Architect shall
provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency
in such services or information.
§ 11.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for tile
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.
The schedule shall include allowances for periods of time required for the Owner's review, for the performance of
the Owners consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once
approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded
by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the
Project proceeds Until the commencement of construction.
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance
of non-conforriling Work, made or given without the Architect's written approval.
§ 31,5 The Architect shall contact governmental authorities required to approve the Construction Documents and
entities providing Utility M'ViCCS to the Project, The Architect shall respond to applicable design requirements
imposed by those authorities and entities.
§ 3.1.6 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.
§ 3.2 Schematic Design, Phase Services
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
codes, and regulations applicable to the Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost
of the Work*, Project site, the proposed procurement and delivery method, and other Initial Information, each in
terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of(I) any
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Init. 1Ws Alk" Document p% protpeted by U,S, Copyright Law and IIntennadauuuall TreaUes, U"atahoilziod repmduction oi61shribudoin ofllhuq AIA" Docunlent, 7
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inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the
Owner regarding the requirements, of the Project.
§ 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for
the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components,
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital representations. Preliminary selections
of major building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building
orientation, together with other considerations based on program and aesthetics, in developing a design that is
consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more
advanced sustainable design services as a Supplemental Service Lander Section 4.1.1,
§ 325,2 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics, in developing a design for the Project that is consistent
with the Owner's program, schedule, and 'budget For the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of tile Cost of the Work prepared in accordance with
Section 6.3.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval.
§ 3.3 Design Development Phase Services
§ 3.3.11 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Design Development Documents for the (tuner's approval, The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and
electrical systems, and other appropriate elements. The Design Development Documents shall also include outline
specifications that 'identify major materials .and systems and establish, in gencral, their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.
§ 3,33 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, and request the Owner's approval.
§ 3.4 Construction Documents Phase Services
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other
requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the
Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and
other similar submittals, which the Architect shall review in accordance with Section 3.6A
AAA Document B1011"' — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ail rigihts reserved. ti!WARNIINGt
Init. This AIAI t':tocurnenat is protected by U.S. Copyright i..aw and internatiionA Treaties. Unammtit uazod reprodusokflu'rmru nuu �tushlbution ofMs AVA`u" Docuuum ent„
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User Notes: (369ADA1C)
§ 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over
the Project into the Construction Documents,
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) procurement information that describes the time, place, and conditions of
bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Conti -actor; and (3)
the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall
also, compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and
may include bidding requirements and sample forms,
14.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 63,
14.5 Tile Architect shall submit the Construction Documents to the Owner, advise tile Owner of any adjustments
to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's
approval.
§ 3.5 Procurement Phase Services
§ 3.5.1 General
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive
bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid
or proposal, if any; and, (4) awarding and preparing contracts for construction.
§ 3.5.2 Competitive Bidding
§ 15.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.,5.2.2 The Architect shalt assist the Owner in bidding the Project by:
.1 facilitating the distribution of Bidding Documents to prospective bidders;
I organizing and conducting a pre -bid conference for prospective bidders;
.3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and,
.4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the
bidding results, as directed by the Owner,
§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall,
as an Additional Set -vice, consider requests for substitutions and prepare and distribute addenda identifying approved
substitutions to all prospective bidders.
§ 3.5.3 Negotiated Proposals
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.5.3.2! The Architect shall assist the Owner in obtaining proposals by�
.1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and
requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors;
.3 preparing responses to questions from prospective contractors and providing clarifications and
interpretations of the Proposal Documents to the prospective contractors in the forin of addenda; and,
.4, participating in negotiations with prospective contractors, and subsequently preparing a summary
report of the negotiation results, as directed by the Owner.
§ 15.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall,
as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved
substitutions to all prospective contractors,
AI A Document 131 01 TM, — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The Arne6can Institute of Architects, All aghts reserved. WARJMNG�
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oir any parflan of it, may resuft tin severe 614 and cHnitilM penaffies, arwl wM Ilhie pioseouted to ffie maxin,uurn extent IlposrsVpEe undw thie 16aw. Trus
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§ 3.6 Construction Phase Services
3.6,1 General
3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
Forth below and in AIA Document A20ITM—.2017, General Conditions of the Contract for Construction. If the Owner
and Conti -actor modify AIA Document A201-20 17, those modifications shall not affect the Architect's services
Under this Agreement unless the Owner and the Architect amend this Agreement,
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Set -vices., The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement, The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the
Contract Documents, The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not
have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other
persons or entities performing portions of the Work,
§ 3.6,1.3 Subject to Section 4.2 and except as provided in Section 3.6.6,5, the Architect's responsibility to provide
Construction Phase Services commences with the award of the: Contract for Construction and terminates on the date
the Architect issues the final Certificate for Payment.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage Of construction, or as otherwise
required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract
Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3)
defects and deficiencies observed in the Work.
§ 3.6.2,2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or
testing of the Work in accordance with the provisions of the Contract Documents, whether or not the 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, suppliers, their agents or employees, or other persons or entities performing portions of
the Work,
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Conti -actor. The Architect's response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.6.2.4 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 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 rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6,2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the
Owner and Contractor as provided in the Contract Documents.
§ 3.6.3 Certificates for Payment to Contractor
§ 16.31 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification For payment shall constitute a representation to the Owner, based oil the
AIA DocumentB101 I"— 2017, Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, VVARNMG�
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qn, any pertkn u�ff ft, may aresuft In severe ii,,WH and cvirrHnW penaffies, mW srtll4llbe 1prosecuted to Um maxhimm exlentposisu9fle ander the la)w. THs
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Architect's evaluation of the Work as provided in Section 3.6.2 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, the quality of the 'Work is in accordance with the Contract Documents, and that the
Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (I) an
evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of
subsequent tests and inspections, (3) correction of Minor deviations from the Contract Documents prior to
completion, and (4) specific qualifications expressed by the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has ( I ) made
exhaustive or continuous on -site inspections to check the duality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies ofrequisitions received from
Subcontractors and suppliers and other data requested by the Owner 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 SLIM.
§ 16.3.3 The Architect :shall maintain a record of the Applications and Certificates for payment.
§ 3.6.4 Submittals
§ 3. AI The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold.
approval of the schedule, The Architect's action in reviewing submittals shall be taken in accordance with the
approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while
allowing sufficient time, in the Architect's professional judgment, to permit adequate review.
§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the 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 concept expressed in the Contract Documents. Review of such submittals is
not for the purpose of determining the accuracy and completeness of other information such as dimensions,
quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The
Architect's review shall not constitute approval of safety precautions or 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,
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the
Contractor's design professional, provided the submittals bear such professional's seal and signature when
submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to
rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals
performed or provided by such design professionals,
§ 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract
Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information.
Requests for information shall include, at a minimum, a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's
response to such requests shall be made in writing, within any time limits agreed upon, or otherwise with reasonable
promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in
response to the requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.5 Changes in the Work
§ 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to
AIA Document B1101 T" — 2017. Copyright@ 1974, 1978, 1987, 1997, 2,0�07 and 2017 by The American Institute of Architects. All rights reserved. WAIIR VII"1' .
Init. err t" U . , p, g r ationel Tteatlm s. Unau ffiorized reproduction o di%tiithuaituoiru of this AM""" Document, I �
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Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's
approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect shall:
A conduct inspections to determine tile date or dates Of Substantial Completion and the date of final
completion;
.2 issue Certificates of Substantial Completion;
.3 forward to, the Owner, for the Owner's review and records, written warranties and related documents
required by the Contract Documents and received from the Contractor; and,
.4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the
Architect's knowledge, information, and belief, the Work complies with the requirements of tile
Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the
requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of
the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if
any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to tile Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2)
affidavits, receipts, releases and waivers of Hens, or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor tinder the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
operations and performance.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
§ 41 Supplemental Services
§ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless
otherwise specifically addressed in this Agreement, if neither the Owner not- the Architect is designated, the parties
agree that the listed Supplemental Service is not being provided for the Project.
(Desigynate the Architect's Supl)1ementalServices awl the atwers Sul)lVeniental Services required,for the Project
Pry indicating whether- the Architect or Owner shall be responsible.for 1j)-oviding the identr fled SupplemenialService.
Insert a description of the Sul)plemental Services in Section 4.1.2 below orallach the description q1'services as an
exhibit to this Agreement)
Supplemental Services
Responsibility
(Architect, Owner, or not 1))-ovided)
§ 4A.1.1 Programming
4,1,12 Multiple preliminary designs
4.1.1.3 Measured drawings
§ 4.1.1.4 Existing facilities surveys
§ 4, 1 A.5 Site evaluation and planning
§ 4.1.1.6 Building Information Model management
responsibilities
§4,1,1,7 Development of Building Information Models for
post construction use
AIA DocumeintBIOITM —2017, Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The Arnedcan Institute of Architects, All rights reserved. WAIRMN(k
Un[t. "Ms MAII IDunn nineint 'Vs protected by U.S, Colpyrrqht Law and MtwnaflonM'rrea0e& Unauthorized ruproduction ordMrMuflon of thus MAII Document, 12
or any poMon of it, rnay resuft ht severe clyfl and criminall, pe"Mdes, and WH be rrospolitied to Hie maXh71UT11 extent possflbie under the A", This
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user Notes: (389ADAIC)
§411.8 Civil engineering
§4,1,1.9 Landscape design
§ 4.1.1.10 Architectural interior design
§ 4.1.1.11 Value analysis
§ 4.1.1.12 Detailed cost estimating beyond that required
in Section 6.3
§ 4.1.1.13 On -site project representation
§ 4.1.1.14 Conformed documents for construction
§ 4.1,1,15 As -designed record drawings
§ 4J.1.16 As -constructed record drawings
§ 4A.1.1 7 Post -occupancy evaluation
§ 4.1.1.18 Facility support set -vices
§ 4.1.1 A 9 Tenant -related services
§ 4AA,20 Architect's coordination of the Owner's
consultants
§ 4.1.1.21 Telecommunications/data design
§ 4A.1.22 Security evaluation and planning
§ 4.1.1.23 Commissioning
§ 4.1.1.24 Sustainable Project Services pursuant to Section
4,13
§ 4.1.1.25 Fast -track design services
§ 4.1.1.26 Multiple bid packages
§ 4.1.1.27 Historic preservation
§ 4A,1,28 Furniture, furnishings, and equipment design
§ 4.1.1.29 Other services provided by specialty Consultants
§ 4.1.1.30 Other Supplemental Set -vices
§ 4.1 2 Description of Supplemental Services
§ 4.1.2.1 A description of each Supplemental Service identified in Section 4, 1, 1 as the Architect's responsibility is
provided below.
(Describe in detail the,4rchitect's Supplemenicil Services identified in Section 4. l.1 or, afsetjbrth in an exhibit,
identif)r the exhibit. The A [A publishes ci nainber qfStcincicird Form of Architect's .5ei-vices docianents that can be
inchuted cis an exhibit to describe the A rchiteet's Stq?pleinental Services)
§ 4.122 A description of each Supplemental Service identified in Section 4. 1. 1 as the Owner's responsibility is
provided below.
{describe in cletail the avner's Supplemental Services iclentifietl in Section 4. 1. 1 oi,, ifselforth in an exhibit,
identify the exhibit:)
The Owner shall furnish surveys and documentation describing tile physical characteristics of the existing adjacent
buildings and site, including utility locations for the Architect to use.
§ 41.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental
Service, the Sustainability Services required in AIA Document E204"11-2017, Sustainable Projects Exhibit, attached
to this Agreement, The Owner sliall compensate the Architect as provided in Section 112
§ 4.2 Architect's Additional Services
The Architect may provide Additional Services after eXCCLlti01l of this Agreement without invalidating the
Agreement, Except for services required due to the fault of tile Architect, any Additional Services provided in
AIA Document B1011m— 2017. Copyright Q 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WAR NMG:
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User Notes: (3139ADAIC)
accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an
appropriate adjustment in the Architect's schedule,
§ 4.21 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not
proceed to provide the following Additional Services until the Architect receives the Owners written authorization:
I Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including size, quality, complexity, the Owner's
schedule or budget for Cost of the Work, or procurement or delivery method;
.2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or
editing previously prepared Instruments of Service;
3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations
of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the
applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b)
contrary to requirements of the Instruments of Service when those Instruments of Service were
prepared in accordance with the applicable standard of care;
A Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of
performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital models or other design documentation for transmission to the Owner's consultants
and contractors, or to other Owner -authorized recipients;
.6 Preparation of design and docurnentation for alternate bid or proposal requests proposed by the Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or hearing;
,8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto;
.9 Evaluation of the qualifications of entities providing bids Or proposals;
A Consultation concerning replacement of Work resulting from fire or other cause during construction;
or,
I I Assistance to tile Initial Decision Maker, if other than the Architect.
§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Set -vices,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If,
upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the
Owner shall give prompt written notice to the Architect of the Owner's determination, The Owner shall compensate
the Architect for the services provided prior to the Architect's receipt of the Owner's notice.
I Reviewing a Contractor's submittal Out Of sequence from the submittal schedule approved by the
Architect;
,2 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Conti -act Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of Conti -actor's
proposals and Supporting data, or the preparation or revision of Instruments of Service;
A Evaluating all extensive number of Claims as the Initial Decision Maker; or,
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Set -vice resulting therefrom.
§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
I I ( one ) reviews of each Shop Drawing, Product Data itern, sample and sirnilar submittals of the
Contractor
.2 3 ( three ) visits to the site by the Architect during construction
3 1 ( one ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
A 1 ( one ) inspections for any portion of the Work to determine final completion,
§ 4.2.4, Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in
Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date Of Substantial Completion
AIA Document B101 "' — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institlute of Architects. All rights reserved. VVARNiM
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of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and
Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs
additional cost in providing those Construction Phase Services.
§ 4.2.5 If the services covered by this Agreement have not been completed within 12 ( tweleve ) months of the date
of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as Additional Services,
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5,1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written 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.
§ 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work
as defined in Section 6. 1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs.
The Owner shall update the Owners budget for the Project as necessary throughout the duration of the Project until
final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the
Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in
the Project's scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act oil the Owner's behalf with respect to the Project.
The Owner shall render decisions and approve the Architect's Submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 The Owner shall furnish surveys to describe 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, pavernents and adjoining property and structures; designated wetlands;
adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions, and other necessary data with respect 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.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation,
ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with
written reports and appropriate recommendations,
§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4. 1 . I
§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as
required in AIA Document E204T11 2017, Sustainable Projects Exhibit, attached to this Agreement.
§ 5,8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner's consultants. Tile Owner shall furnish the services Of Consultants other than those designated
as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional
Service, when the Architect requests Such services and demonstrates that they are reasonably required by the scope
of the Project. The Owner shall require that its consultants and contractors maintain insurance, including
professional liability insurance, as appropriate to the services or work provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.10 'file Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
AIA Document B101 "I — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARN
Init. ThN MAO IlDocuynevd is Iprawlected by U.S CopyHght Law mind IInternailonal Treaties, Unautho6zed mproduckJ�on m WsWbufion or this AlA111 M:tcmnent, 15
or any porlkm of It, rnay iresult in sevorD MvH and criinfinW rimialfies, and wHI be pra)!&ocuted to the rnaxknurn extent posWble under the law. This
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§ 5,11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in tile Project, including errors, emissions or inconsistencies in the Architect's Instruments of Service.
§ 5.12 The Owner shall include the Architect in all coin In L1 ri ications with the Contractor that relate to or affect the
Architect's services or professional responsibilities. The Owner shal I promptly notify the Architect of the substance
of any direct communications, between the Owner and the Contractor otherwise relating to the Project.
Communications, by and with the Architect's consultants shall be through the Architect.
§ 5.13 Before executing tile Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement,
Tile Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
§ 6.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work arid shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested
information as necessary and relevant for tile Architect to evaluate, give notice of, or enforce lien rights.
ARTICLE COST OF THE WORK
§ M l7or purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by file Architect and shall include contractors' general conditions costs,
overhead and profit, The Cost of the Work also includes the reasonable value of labor, materials, and equipment,
donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the
Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs
that are the responsibility of the Owner,
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted
throughout tile Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of
the Work, and the preliminary estimate of the Cost orthe Work and Updated estimates of the Cost of the Work,
prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however,
that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the: Contractor's
methods of determining bid prices; or 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
budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to
by the Architect. I
§ 6.3 in preparing estimates of the Cost of Work, 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 recommend reasonable adjustments in the program
and scope of the Project; and to include design alternates as may be necessary to adjust the estimated cost ache
Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based oil current area,
volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the:
Work, the Architect shall provide such all estimate, if identified as the Architect's responsibility in Section 4.1.1, as
a Supplemental Service,
§ 6.4 If, through no fault of the Architect, the Procurement Phase has not cornmenced within 90 days after the
Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be
adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or
budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by tile lowest bona fide bid or negotiated proposal, the Owner shall
AiA Document l "I — 2017. Copyright 0 1974, 1978, 1987. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNMG�
Init. This AM" Document is Protected by US, Ccqbyirlit1l,R l-aw and Treaties, Unauthorized repradiurflon or dlshlbuUon of Hils MM' DocuinleM, 16
oir PiV porfion of it, gymy result In severe cMiland crilinfinal limnallWig, and will be prosecuted to the mMhnum extent posstllWas uindev the Nwe This
document was produced by AIA software at 12:50:46 on 01/16/2018 under Order No. 2731703659 whlich expires on 01/1612019, and is not for resale.
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. I give written approval of all increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or,
.5 implement any other Mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed Linder Section 6.6.4, the Architect shall modify the Construction Documents as
necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction
Documents Phase Services, or the budget as adjusted under Section 6.6.1, If the Owner requires the Architect to
modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's
budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner
shall compensate the Architect for the modifications as all Additional Service pursuant to Section 11.3; otherwise
tile Architect's services for modifying the Construction Documents shall be without additional compensation. In any
event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility
Linder this Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is file copyright owner of such information or has permission from the copyright owner to
transmit such information for its Use on the Project.
§ 7'.2 The Architect and the Architect's consultants shall be deemed tile authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to itlect official
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the reserved rights of the Architect and the Architect's consultants.
§T3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely
and exclusively for purposes of constructing, Using, maintaining, altering and adding to the Project, provided that tile
Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due
pursuant to Article 9 and Article 11. Tile Architect shall obtain similar nonexclusive licenses from the Architect's
consultants consistent with this Agreement. The license granted Linder this section permits the Owner to authorize
the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate
contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established
pursuant to Section 1.3, solely and exclusively for use in performing set -vices or construction for tile Project. If the
Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this
Section 7.3 shall terminate.
§ 7.11 In the event tile Owner uses the Instruments of Service without retaining the authors of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes,
of action asserted by any third person or entity to the extent Such costs and expenses arise from the Owner's use of
the Instruments of Service Linder this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for tile licenses granted in this Article 7, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shalt not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to mother party without the prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and Without liability to the Architect and the Architect's
consultants.
§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
Agreement.
AIA Document 614ITM-2017. Copyright* 1974, 1978,1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reservedl. WARN H14GI!
[nit, Thids MA" Document is protected by US, CopyHght I aw and tnternaflonM rreafies, Unauthofted or cHsWbuflan of this ALAI 11"1OCUment, 17
or any 111"WOUon of K, may uresipult M severe Ovill and cHvMnW penaMes, and Yvffl bo pimsecuted to the maxbriium extent pos,Mble underthe Iaw. Th�s
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ARTICLE 8 CLAIMS AND DISPUTES
§ 8,1 General
§ 811 The Owner and Architect shall commence all claims and Causes of action against the other and arising Out Of
or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the
binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but
in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
waive all claims and causes of action not commenced in accordance with this Section 8. 1. 1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents, and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General
Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require Of the
contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties
enumerated herein,
§ 8.13 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question,
arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to cither party's termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 Mediation
§ 8.2.1 Any claim, dispute or other matter in question arising Out of or related to this Agreement shall be Subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution,
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and
filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or Court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 15,23 The parties shall share the mediator's fee and any filing fees equally. Tile mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in ally 00Lirt having jurisdiction thereof,
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8,2, the method of binding
dispute resolution shall be the following:
(Check the cipproprictife box.)
[ ] Arbitration pursuant to Section 8.3 of this Agreement
[ x ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in
writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of
competent jurisdiction.
AIA Document BI 01 TM — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARhUM
Init. TINis MAI Dacuiment Is protected by U,5. CopyrIght Law and 4ftrnath:uriairreaues, Unauthorized repwoducbon ordIstrIlbutloirw of dds AIA'"' Iltocuinrment, 18
cn any parflDn of It, may resutt In severe 601 and cdininM Imnalfles, and Mil be pmosecuted to Owe amMrnum extent posqfltfle under the iaw, This
documentwas produced by AIA software at 12MA5 on 01/16/2018 under Order No. 2731703659 which expires on 01116/2019, and is not for resaie,
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§ 8.3 Arbitration
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement„ any
claim, dispute or otter matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration, which, unless the patties mutually agree otherwise, shall be administered by
the American. Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement, A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and tiled with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations, For statute
of limitations purposes, receipt of written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.
§ 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with all additional person or entity
duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law
in any court having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, andjudgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
8.3.4 Consolidation or ,binder
8.14.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation, (2) the arbitrations to be consolidated Substantially involve common questions of law or f"act,
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder, Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in tlhe written consent.
§ 8.3.4 3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the sane rights of joinder and consolidation as the Owner and
Architect under this Agreement.
§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement„ such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before suspending services. In the event of a suspension of services, tine
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any
expenses incurred in the interruption and resumption of tl'he Arclhitect's services. The Architect's fees for the
remaining services and the time schedules shall be equitably adjusted.
§ 9,2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than qt cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
a
Init. ANA Document B'U07 T"' — 20'U7. Copyr¶ght Q 1974, 1978, 1967a 1997, 2007 and 2017'try The American Institute of Architects. AUI rights reserved. ryAttollNGr
U"his AAA' Docu irnent is p roat�sasted Way tt,A. Copyright i yaw ��and IlnterimtiwW II irea�a le Unauthorized reproduction oar distribution of ►Wuas� AIAr Do arnnont, 19
or euuy pcwwtfraoiri of rk, may rlwsuuUt Uur sesera, aatlsri auwrU erauruUnuall paeraisptteay aind wpUp be Awcasm;maauted to the maarouuttoni extent U'acrss lllifle under the Uarus. This
j document was produced by AIA software at 12:50:45 on 01 /1612018 under Order No. 2731703659 which expires on 01/16/2019, and is not for resale.
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§ 9.4 Either party may terminate this Agreement Upon not less than seven 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.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 If tile Owner terminates this Agreement for its convenience pursuant to Section 9,5, or the Architect terminates
this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to
termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable
to the Architect's termination Of Consultant agreements.
§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience
pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 93, the Owner shall pay to
the Architect the following fees:
(Set forth below the anfount of anjs termination or licensingfee, or the method for° determining any termination or
fleensingfiee)
Termination Fee:
,2 l,icensing Fee if the Owner intends to continue using the Architect's Instruments of Service:
§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of
Substantial Completion,
§ 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 9.7.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that
jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution,
the Federal Arbitration Act shall govern Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal
representatives to this Agreement. Neither the Owner not- the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations tinder this Agreement, including any
payments due to the Architect by the Owner prior to the assignment.
§ 10A If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is, submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, set -vices, or responsibilities beyond the scope of this Agreement,
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor
of, a third party against either tile Owner or Architect.
finV AIA Document 8101 TM - 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ali rights reserved. VVAIRPQNG�
This AW-1, 01=3MOPIt i$ proteMed by LJS, Colpy0ght ILaw wtd 'ryeatiom UnautlhoirNed repvoductkm or ddstpiliwflon offfffs AW11 DocufTwint,
or irqpiarfion of ft, may resurt in severe dwH and crhrOna� imnoWes, avid MH be IGrrosemwVsed to ffie maxhnum extevil pim&We uindeithe law. TWs 20
document was produced by AIA software at 12:50:46 on 01/1612018 under Order No, 2731703659 wNch expires on 01/16/2019, and is not for resale.
User Notes; (3B9ADAIC)
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, 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 in tile Owner's promotional materials for the Project. This Section 10.7 shall
survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section
9.4.
§ 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business
proprietary," the receiving party shall keep Such information strictly confidential and shall not disclose it to any
other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement.
§ 10.8.1 The receiving party may disclose "confidential" or -bUSillCSS proprietary" information after 7 days' notice to
the other party, when required by law, arbitrator's order, Or Court order, including a subpoena or other form of
compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably
necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such
information to its employees, consultants, or contractors in order to perform services or work solely and exclusively
for the Project, provided those employees, consultants and contractors are: subject to the restrictions on the
disclosure and use of such information as set forth in this Section 10.8.
§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining
provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or
unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and
enforceable, In such case the Agreement shall be construed, to tile fullest extent permitted by law, to give effect to
the parties' intentions and purposes in executing the Agreement.
ARTICLE 11 COMPENSATION
§ 111.1 For the Architect's Basic Set -vices described under Article 3, the Owner shall compensate the Architect as
follows:
I Stipulated Sum
(Insert amount)
.2 Percentage Basis
(Insert percentage value)
( ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6.
3 Other
(Describe the method gfconilmnsation)
Phase I Preiinlinary Desigm $7,500,00
Phase 11 Detailed Permits & Construction Documents: $20,000,00
Bidding Process: $1,750.00
Construction Administration: $2,400.00
AIA Document B101111-2017. Copyright@ 1974, 1978, 1987, 1997,2007 and 2017 by The American Institute of Architects. All rights reserved. WARNIING�
(nit. Th4s MA"I Dc.vcuirvient !is piroteOed by US, CopyHght IL,aw and Mteirnafional TreaMes, khlauqhrifized reprodueflon or distribuflon clif iMs, MA", Docuimmt, 21
orany porthan u�4 Of, may result ki severe cWH and 011,11111hiall pemflfle�s, and wHi be prosecuted tu Ma rnaxiin"m extent possflWe under the Maw, This
document was produced by MA software at 12:50:45 on 0111612018 under Order No. 2731703659 which expires on 0111612019, and is not for resale.
User Notes: (3B9ADA1G)
Standard Reimbursable Expenses Not to Exceed: $750.00
Total Contract: $32,400.00
§ 111 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services
required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows:
(Insert arrrount qf or basis,for, compensation. Ifnecessmy, list specyie services lo whieh particular methods of
conilmnsation al ply1.)
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the
Owner shall compensate the Architect as follows:
(Insert amount of or basis for, compensation)
Hourly Rate or Fee for Scope of Services (to be determinted)
§ 111.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Section 11.2: or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as follows:
(Insert amount af, or basis for computing, Architect's consutants' eor)iperasation.for-Supplenrental or.4dclitional
Services.)
§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of
compensation for each phase of services shall be as follows:
Schematic Design Phase
percent (
%)
Design Development Phase
percent (
%)
Construction Documents
percent (
%)
Phase
Procurement Phase
percent (
%)
Construction Phase
percent (/)
Total Basic Compensation
one hundred percent (
100 °/a)
§ 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of
Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most
recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted
based on subsequent updates to the Owner's budget; for the Cost of the `Mork.
§ 11.6.1 When compensation is on a percentage basis 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. The Architect shall be entitled to compensation in accordance with this Agreement for all services
performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The
rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices.
(t"f crprxlicable, attach crn exhibit of honrlya billing, rates or insert them below)
Init. AHA Document 8101'"' 2017. Copyr4ghtC� 1974,
9
1i978 1987, 1997, 2007 an 2e117 Ame
rican encan Institute a Architects. is reserved. WAR ININGa r
this AM111 troclurnent is protected by Ild.d. Copyi ight Law and inta!nnafuaou M Treafles, Unauthoi hzed mproduct oin or dmstrrllluuUon of this AM11 Document, 22
err any puortioin of it, may result in severy cIvfl and eartrininap prenappuu�s, and Mill be prosecuted to the rmxxs rn urn extent p'uoss„willsie uaruafor thud haw, This
t document was produced by AIA software at 12:50:45 an 01 /16/2018 under Order No. 2731703659 which exp4es on 01 /16/2019, and is not for resate.
User Notes: (389ADA1 C)
Employee or Category
Rate ($0.00)
Architectural Standard 2018 Hourly bates
Per Hour
Prinicpal Architect
$155.00/howl'
Protect Architect, Level 11
$1.18.00/11our
Project, Architect, Level I
$95.00/hour
Graduate Architect, Level III
$88,00/hour
Graduate Architect, Level II
$80.00/hour
Graduate Architect, bevel I
$77.00/hour
Senior Project Designer
$86.00/hour
Project Designer
$80.00/hour
Technical CAD Designer
$78.00/hour
Intern Architect, Level III
$60,00/hour
Intern Architect, Level 11
$55.00/hour
Intern Architect, Level I
$50.00/hour
Clerical Staff
$42.00/hour
Prodecomm Hourly bates:
Principal
Engineer
$140.00/hour
Designer
$100.00/hour
Cadd/D •after
$75.00/hour
Clerical
$50.00/hour
$40.00/hot11'
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, SupplementM, and Additional Services
and 'include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as
follows.
.1 Transportation and authorized out -of --town travel and subsistence;
.2 Fong distance services, dedicated data and communication services, teleconferences, Project web sites,
and extranets;
.3 Permitting and other fees rewired by authorities having jurisdiction over the Project;
A Printing, reproductions, plots, and standard form documents;
.5 Postage, handling, and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
J renderings, physical models, mock-ups, professional photography, and presentation materials
requested by the Owner or required for the Project;
.8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants'
expenses of professional liability insurance dedicated exclusively to this Project, or the expense of
additional insurance coverage or limits in excess of that normally maintained by the Architect's
consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses;
.11 Registration fees and any other fees charged by the Certifying Authority or by other entities as
necessary to achieve the Sustainable Objective; and,
.12 Other similar Project -related expenditures.
§ 11.8.2 For reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus percent( %) of the expenses incurred.
§ 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types
and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by
the Architect for the additional coverages as set forth below;
(Insert the additional coverages the Architect is required to obtain in oir cler• to surtis6� the requirements set,for'th in
,section 2.5„ ancifor which the at mer shall reimburse the ,4rclrrtect.)
AVA Docuum�ent B101 T14 — 2017, Copyright 0 1974, 1978, 1987„ 1997, 2007 and 2017 by Time American institute of Architects. AH rights reserved, WAR ffwMViyfit�
Init. This AiAll Document is protected by U.S. Copyright Law and IhAernationM II a eafles Linauthorized reproduction w distflIbuution of this AIIA111> Dacraunuuunt, 2
oir any portion got it,, u.uray result in sroa vaure 60 and ��surdu7rd,)alJJ p ionakle+�s„ and wuilll Ibe p nr secOed Nur dine maxim urn extent II^ao^rssiIblie uurrder the law. This �
t document was produced by AIA software at 12:50:45 on 01 /16/2018 under Order No. 2731703659 which expares on 01/1612019, and its not for resale.
User Notes; (3B9ADAIC)
§ 11,1() Payments to the Architect
§ 11.10.1 Initial Payments
§ 11.10J.1 An initial payment of shall be made upon execution of this Agreement and is the minimum
payment tinder this Agreement. It shall be credited to the Owners account in the final invoice.
§ 11.10.1.2 If a SLIStainability Certification is part of the Sustainable Objective, an initial payment to the Architect of
($ ) shall be made upon execution ofthis Agreement for registration fees and other fees payable to the Certifying
Authority and necessary to achieve the Sustainability Certification, The Architect's payments to the Certifying
Authority shall be credited to the Owner's account at the time the expense is incurred.
§ 11.10.2 Progress Payments
§ 11.10.2.1 Unless otherwise: agreed, payments for set -vices shall be made monthly in proportion to services
performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid days
after the invoice date shaft 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 oj'nionthly or annual interest agreed upon.)
t.5 % monthly
§ 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages oil the Architect, or to offset SLIMS requested by or paid to contractors for the cost of changes in
the Work, unless the Architect agrees of, has been found liable for the amounts in a binding dispute resolution
proceeding,
§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and
services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
(Include other terms and conditions al.71.9ficable to this Agreement)
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the 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 the Owner and Architect.
§ 13.2 This Agreement is comprised of the following dOCUMCII(S identified below�
A AIA Document B IOITNI —2017, Standard Form Agreement Between Owner and Architect
,2 AIA Document E203T"L-2013, Building Information Modeling and Digital Data Exhibit, dated as
indicated below:
(Insert the date q)'the E203-2013 incorporated into this agreement)
.3 Exhibits:
(Check the appropriate box.1br any exhibits incorporated into this Agreement)
[ ] AIA Document E204""f-2017, Sustainable Projects Exhibit, dated as indicated below:
(Insert the date of the E204-2017 incorporated into this agreement.)
[ ] Other Exhibits incorporated into this Agreement:
(Clearly iclentify any other exhibits incorpo),atecl into this agreement, inclucling any exhih ns an(I scopes of services
identified as exhibits in Section 4.1.2.)
Init.
AIA Document 1310111-2017, Copyright 0 1974, 1978, 1987,1997, 2007 and 2017 by The Amedcan Institute of Architects. All rights reserved, WAR11141114G�
Tlft MAVII DOOMIOTA �s protected by U.S. Copydght Law and kiternaUorwI r'reaHes. Unauthorized reprodueftin or dktrHwflan of Uik% MAIII
Dac'L"nev`t" 24
Oran y poirflan of R, inay res0t in severe cWH and crirWn,,,iW per"Affics, and MH be pmsecuted to the mwiffinum as passftfle under ffie N)m Tffis
document was produced by AIA software at 12:50A5 on 01/16/2018 under Order No. 2731703659 which expires on 01/1612019, and is not for resale.
User Notes: (3B9ADA1C)
.4 Other documents:
(List other doe mments, rfanyjbrmiqg part (?I'the Agreement.)
This Agreement entered into as of the day ajid year first
OWNER (Signa"4,4re
81-a
(Prh7ted nam am fill A 23
written a — r� �Tf)<
ARC1TETVYa4ire)
AKit. Piincioal Architect
(Printed ncime, title, anct license munber, if required)
AIA Docurnent B1101 TO —2017. Copyright 1974,1978, 19�87, 1997,2007 and 2017 by The American Institute of Architects. All! rights reserved. WARMG�
M
Init. TWs AIA'11 Docturient us protected by U & C,opyright q aw and InterimtkmM Treal,tes. Unautbodzed raoroducUon or ftfirlWdivin of thIs ArAl'' Docuiinarft,
or any porflon of It, may resLdt. in: spyare cMl and cdniina� penaMes, and M111 be pmsecuted to, ffie maxImiuim extent pussflAu undorthe draw. This 25
d0CUrnentwas produced by AIA software at 12:50:45 on 01/16/2018 under Order No. 2731703659 which expires on 01/16/2019, and is not for resale.
User Notes: (3B9ADA1C)
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW RE, QUEST FORM
01/16/2018
Patrick Sherman
Department Venues Parks & Arts
BPW Date 01/23/2018 Phone Extension 5601
om
Controller
Purchasing
Attorney Name Clara McDaniels
Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Michael Schmidt
H
Agreement
H Contract H Proposal Ll Addendum
0
Professional Services
0 Resolution
F-1
Bid Opening
F] Bid Award' El Req. to Advertise El Title Sheet
F� Quote Opening
F-1 Quote Award
F-1 Change Order No,.
E]
C/O & PCA No. ❑ PCA
❑ Ease/Encroach.
Traffic Control
❑
Other:
Company or Vendor Name KIL Architecture & Planning
New Vendor F1 Yes M No R If Yes, Approved by Purchasing
MBE/WBE Contractor R MBE R WBE
MBENVBE Contractor Requested E] No F] Yes Name ofCompany
_
Project Name - Maintenance Storage Building
Project Number 1043-2018
Funding Source Park Bond : Series I
Account No. 751-1101-452-39.89
Amount Not To Exceed $32,400.00
Terms of Contract Lump Sum
Purpose/Description Design process and construction documents for new maintenance
storage building,
E Required Contractor's Certification Form Attached (Non-
-Gollusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of El increase
n Decrease
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Change:
Copy
Original
F
F
F-1
F-1
El
0
Dispersal After Approval