Loading...
HomeMy WebLinkAboutPSA - Renovation & Expansion Four Winds Field Proj No. 123-046 – Jones Petrie Rafinski Corp.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 11, 2023 Mr. Djamel Charmat, Jr. Jones Petrie Rafinski Corp. 325 S. Lafayette Blvd. South Bend, IN 46601 dcharmatgjprl source.com RE: Professional Services Agreement Dear Mr. Charmat: At its July 11, 2023 meeting, the Board of Public Works approved the above referenced agreement for engineering services for Plans for the renovation and expansion of Four Winds Field, Project No. 123-046 in the amount of $849,525. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley(ksouthbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER ,AIA Document B1330 — 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Thirtieth day of June in the year Two Thousand Twenty - Three ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has atltletl information needed for its BETWEEN the Architect's client identified as the Owner: completion. The author may also (Name, legal status, address, and other information) have revised the ten of the original AIA standard form. An Additions and City of South Bend, Indiana Deletions Report that notes atltletl Board of Publuc Works information as well as revisions to 227 West Jefferson Boulevard the standard form text is available South Bend, Indiana 46601 from the author and should be reviewed. A venipl line in the left and the Architect: margin of this dominant indicates (Name, legal status, address, and other information) where the author has atltletl necessary information and where Jones Petrie Ra6nski Corp. the author has added to or deleted 325 S. Lafayette Boulevard from the original AIA and. South Bend, Indiana 46601 This document has important legal consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location, and detailed description) This document is intended to be Four Winds Field Renovation &Expansion: Project Phase I used in conjunction with AIADocuments A201-2017^ General 501 West South Street , Conditions of the Contract for South Bend, Indiana 46601 Construction; At 33-2019TM Standard Form of Agreement The Construction Manager (if known): Between Owner and Construction (Name, legal status, address, and other information) Manager as Constructor where the basis of payment is the Cost of the To Be Determined Work Plus a Fee with a Guaranteed Maximum Price; and A134-2019ns Standard Form of Agreement Between Owner and Construction Manager as Constructor where the The Owner and Architect agree as follows. basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. AIA Document A201 *a-2017 is adopted in this dominant by reference. Do not use with other general conditions unless this dominant is modified, Init. AIADocumenta133 2919. User Notes: e ofArchXeNq 'AM ; the somvere at 11.38 41 Ef .� only be used in (389ADA46) 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 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time ofexecution. ) § 1.1.1 The Owner's program for the Project: (Inserl the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will he developed.) Areas of scope identified in attached Exhibit A - Scope of Work as described in Four Winds Field Concept Design III document dated 09.26.2022 by Populous. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as sae, location, dimensions; geotechnical reports; site boundaries, topographic surveys, traffic and utility studies; availability of public and prtvate utilities andservices; legal description of the site, etc.) See attached Exhibit A. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Forty million dollars ($40,000,000.00) § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Project Phase l: led Ammmment B133-2019.Copyd9MC2014,aM2019.AIIriphisresewed.'The A,mriom lnsi8ule of Amhiteds,"Amedren lnstiWteofAmhilecb;'AIA; the AIALo9o,and"AIAConb DOCumenteOmtredemaftdThe AmedwnlreMuleofAmLRA .Thgdmumentwaspmmedatll38:41ETon O8130120M 2 under Omer No.2114444856 whits expires on 0713112024, is not for resale, is licensed [Drone -time use only, and may only be used in amomancew0h the AIA ( Convect Dnou% s Terms of Servlce. To report mpydBht violations, e-mail dminf0@aiscannelsoom. Usw Notes: (389ADA48) Concept Refinement completion: August 2023 Schematic Design completion: October 2023 Project Phase 2: Design Development completion: January 2024 Construction Documents completion: May 2024 .2 Construction commencement date: September 1, 2024 .3 Substantial Completion date or dates: April 1, 2025 - Occupancy of stadium for baseball team and fan attendance. April 1, 2026 - Balance of construction. .4 Other milestone dates: § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type.) [ ] AIA Document A133-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. [ ] AIA Document A134-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. [ X ] Alternate agreement as selected by Owner. § 1.1.6 The Owner's requirements for accelerated or fast -track design and construction, or phased construction are set forth below: (List number and type of bid/procurement packages) N/A § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) N/A § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E234T 2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E234-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information) Kara M. Boyles, Ph.D., P.E. 227 West Jefferson Boulevard Ink. AIA Document B133-2o19. Copydgm02014, and 2019, All nights nesinvd.'The American lostilute of Architects;'Ama ed In theteofAdhitaots, "AIA; the AIA Logo, and "AIA Contract Documents" ere tmdemadd of The American Institute of Architects. This domment was produced all 3041 ET on M3D=23 under Order No2114444050 which expires on 07131/3024, u not for resale, Is Ilcensed farone4ime use pd , and may only be used in amadance with the AIA Confect Dommen%8 Tams of Service. To mod doWrght wolations, e-mail dounf0illaiacond a lsoorn. User Notes: (3BMDMB) South Bend, Indiana 46601 Telephone Number: (574) 235-5933 Email Address: kboyles@southbendin.gov § 1.1.9 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 information.) § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. 1fa Construction Manager has not been retained as ofthe date ofthts Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4. 1. 1. 1) The Owner shall retain a Construction Manager not later than July 31, 2023 (Paragraphs Deleted) § 1.1.11 The Architect identifies the following representative in accordance with Section 2A: (List name, address, and other contact information.) Djamel [Dj] Chamois Jr., AIA, WARE 325 South Lafayette Boulevard South Bend, Indiana 46601 Telephone Number: (574) 232-4388 Email Address: dcharmat@jprlsoume.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1. 1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Design Architect, Interior Designer, Furniture & Field Designer: Populous Dan Coleman 4800 Main St, Suite 300 Kansas City, Missouri 64112 Telephone Number: (816) 221-1500 .2 Mechanical, Electrical, & Plumbing Engineer: IMEG Corp 225 W. Washington Street Suite 2700 Init. AM nocumencti-2019. CapyrgM®2014, and 2019, All rights aneed.'The American laddifte ofAendecl'American lnegWle ofAmhileGs;-AIA,tM AM Logo, and 'AM Contract nacelasti' are thickness" of The American Insdtule ofAmhltects. Thh documentwas produced at 11:38:41 ET on 08130@023 undin Order No.2114444888 which exphes on 07/3112024, is not for resale, is licensed for ore -time use only, and may only ne used in acomancewdh the AN / Comment nomens ntae Tema of Service. To report oapyrgm v*%tions, e-mall dminfc®ei icoMncls.com. War Notes: (3a9AnAan Chicago, IL 60606 .3 Food Service Equipment Designer: Young Caruso 8055 East Tufts Avenue Suite 1320 Denver, CO 80237 (Paragraphs Deleted) § 1.2 The Owner and Architect may rely on 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 the 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. (Paragraph Deleted) § 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 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. The Architect will make the BIM model available for use by the project team, Owner, and Construction Manager. ARTICLE2 ARCHfTECT'S RESPONSIBILITIES § 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 he performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services 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 the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 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. § 2.6 Insurance. The Architect shall maintain the 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. Inh. AIADocumenle133-2019. Capynght®2014, and2019. All rightsmsermd.'The American lnatauteof Arohilect, "American Institute ofAmtissoli;'AIA,"the AIA Logo, and -AIA Commct Documents" are trademarks Of The American Institute ofArchitecls. This document was produced at 11:3e 41 ET on 06,30=23 under OMar NO 21144440ee which expires on 01 M24, la not far meals, is licensed for onei use only, and may only the used in acomaince with the AM ( Contract Dooumenlas Terms of Service. To report mpyright violations, e-mail dwinfo Ilmamntmcle.com. User Notes: (3139ADA49) § 2.6.1 Commercial General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1000000.00 ) for each occurrence and Two Million Dollars and Zero Cents ($ 2000000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($ 1000000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those moor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 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 wvemge as the coverages required under Sections 2.6.1 and 2.6.2, 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. § 2.6.4 Workers' Compensation at statutory limits § 2.6.5 Employers' Liability with policy limits not less than One Million Dollars and Zero Cents ($ 1000000.00 ) each accident, One Million Dollars and Zero Cents ($ 1000000.00) each employee, and One Million Dollars and Zero Cents ($ 1000000.00 ) policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars and Zero Cents ($ 2000000.00 ) per claim and Two Million Dollars and Zero Cents ($ 2000000.00) in the aggregate. § 2.6.7 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 omissions. 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. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary stmcmral, 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, the Construction Manager, 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, the Construction Manager, 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. The Architect shall assist the Owner in evaluations of Construction Manager proposals and in the selection of a Construction Manager. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager's review and the Owner's approval, a schedule for the performance of the Architect's services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the 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 Construction Manager's review, for the performance of the Construction Manager's Prewnstmmion Phase services, for the performance of the Owner's Init. A DoWment 0133 201 U. CapytlmM 02014, and 2018. All (3BMDA46) 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 constmction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect's services. § 3.1.5 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming work, made or given without the Architect's written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governments] authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, or the Owner's approval of the Construction Manager's Control Estimate, as applicable, the Architect shall consider the Construction Manager's requests for substitutions and, upon written request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the Owner in communications related to substitution requests, clarifications, and interpretations. § 3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare, for review by the Owner and Architect, and for the Owner's acceptance or approval, a Guaranteed Maximum Price proposal or Control Estimate. The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate. The Architect's review is not for the purpose of discovering errors, omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager's proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner, and subject to Section 4.2.1.14, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program, and other information famished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, 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 inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. Init. AIADoament B133-2019.Copyd9ht02014, and 2019. All rights rexrvel.'The American Intl teof Aterhooda'Amerlcan Institute ofArchilecta;'AIA; the AIA Logo, and "AIA Contract Documents' are trademarks of The Admitted Institute of Architects. This document was produced at 11:3e:41 ET on 00I3012o23 7 under Oder No.211444405e which expires on art M24, is not for regale, is licensed for one-time use only, and may only be usetl in accordance with the AIA ( Contmet Documents®Terme of Service. To report copyd9M wolations, email docinfc®eiaronlractecom. Deer Names: (3139AM46) § 3.3.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for Construction Manager's review and 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. The digital representations will include up to (4) final non-plemorealistic renderings with semi -accurate lighting and representational entourage in addition to lesser detailed renderings similar to those in the Concept Design Package. § 3.3.5.1 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 under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager 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. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. (Paragraphs Deleted) (Paragraphs Deleted) ARTICLE4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 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 nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. hat AM Docamente133 2019. CopyiieM®2014, and use only, and my only not used In eccdmenos with the Al, rum. (3a9ADA46) (Designate the Architect's Supplemental Services and the Owner's Supplemental Services requiredfor the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplememal Service Msert a description of the Supplemental Services in Section 4.1.2 below or attach the description ofservtces as an exhibit to this Agreement.) Supplemental Services Responsibility Architect, Owner, or notprovided) § 4.1.1.1 Assistance with Selection of Construction Manager Architect § 4.1.1.2 Programming not provided § 4.1.1.3 Multiple Preliminary Designs not provided § 4.1.1.4 Measured drawings not provided § 4.1.1.5 Existing facilities surveys not provided §4.1.1.6 Site evaluation and planning not provided § 4.1.1.7 Building Information Model management responsibilities not provided § 4.1.1.6 Development of Building Information Models for post construction use not provided § 4.1.1.9 Civil engineering Architect § 4.1.1.10 Landscape design Architect § 4.1.1.11 Architectural interior design Architect § 4A.1.12 Value analysis not provided § 4.1.1.13 Cost estimating Owner §4.1.1.14 On -site project representation not provided § 4.1.1.15 Conformed documents for construction not provided § 4.1.1.16 As -designed record drawings not provided § 4.1.1.17 As -constructed record drawings not provided § 4.1.1.18 Post -occupancy evaluation not provided § 4.1.1.19 Facility support services not provided § 4.1.1.20 Tenant -related services not provided § 4.1.1.21 Architect's coordination of the Owner's consultants not provided § 4.1.1.22 Telecommunications/data design Architect § 4.1.1.23 Security evaluation and planning not provided § 4.1.1.24 Commissioning not provided § 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 not provided § 4A.1.26 Historic preservation not provided § 4.1.1.27 Furniture design Architect § 4.1.1.28 Other services provided by specialty Consultants not provided § 4.1.1.29 Other Supplemental Services not provided (Paragraphs Deleted) § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in 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. Imt. AIA Document B133-2019.Co,mght®2014, and 2019. All rights reserved. 'The American Institute of Architectsf'American lne4tute of Architects,,"AIA,-the AIA Logo, and "AIA Contract Documents° are trademarks of The American Institute of Architects. This docomenlwas produced at I Ise.41 ET on 00130I2023 under Order No2114444856 which expires on 0r/JlMi is not for resale, is licensed for one-time use only, and may anly 0e used in accamance with the AIA / Contract Documents® Terms of Si To report copyright violations, e-mail doolnfo®eiawntrads.cam, User Ni (3BBAf1A46) § 4.2.1 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 Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, 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 bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes, or equipment; .3 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 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; .5 Services necessitated by decisions of the Owner or Construction Manager 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; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner- authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance in the Initial Decision Maker, if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; A3 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings, Specifications, and other documents resulting from agreed -upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate; and A5 Making revisions to the Drawings, Specifications, and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. (Paragraphs Deleted) § 4.2.5Ifthe services covered by this Agreement have not been completed within Twenty-four ( 6 ) 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. ARTICLES 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 IDIL AM Document B133-2019. CopyagM®2014, and 2019. All righle meenred.'The Ameremn metro* of Architscls;'American lnsollute of AmotectlWA; the AM Logo, and"AA Convert Documenor are trademarss &rho American Insurers of Architects. This document was pmdoced at 11:3B:41 ETon W30/2023 1B under Order No.2114444858 which expires on 07I3IM24, is not for resale, Is licensed (prone -time use only, and may only he used In accordance with the AM I Convect Documents^Terms of service. To repot copyright violations, e-mail docinfeCaseshracls.mm. uses Notes: (3B9ADA48) 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 retain a Construction Manager to provide services, duties, and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work Out 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 Owner's 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 and Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges thin accelerated, phased or fast -track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Construction Manager to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on 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. (Paragraphs Deleted) § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1 § 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234`^ 2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 5.9 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 famish copies of the scope of services in the contracts between the Owner and the Owner's consultants, The 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. § 5.10 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. § 5.11 The Owner shall famish 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. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including effors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the Init. ALA Document B133-2019, CopydgM®2014, and 2019,All dghannumred.'The AmeOmn laatafte ofAmhiteMs; °American Institute of Amhitecte; "AIA,"the AIA Lego, antl "AIA Contract comments' am trademarks of The American Institute of Amhirecir This document was past uaed at 11:38:41 ET on M30r2023 11 under Order N021144448% which expires an 07131/2024, is not for resale, Is licensed for onaUme use only, and may only be used In accordance with the AM / Contract Documents Tortes of Service. To report command violations, e-mail dminfoisaia xametts.com. User Notes: (3BeAIII substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For 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 the Architect and shall include the Construction Manager's 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 compensation of the Construction Manager for Preconstruction Phase services; 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 the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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. § 6.51f the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for Init. AIA Document B133-2019.Copyrght®2014, and 2019. Ali rights reserved, the American manse of Amhronn "American lnstowe ofArchltecb;'AIA; the AIA Logo, and 'AA contract OocumenW are tndemerlra of T0a American Institute of Architects, 'This documentwas pmtluceel at 11 38:41 ET on 06130W23 12 under Order No.2114444656 which expires on 0713112024, is not for made, Is licensed for onegme use only and may only be used in acmMance with theAA / Contract Occumentse Terms of service. To report copyright violations, e-mail docinfcl@eiaconbacte.com. their Notes: (3119AOA46) the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. the Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates, the Guaranteed Maximum Rice proposal, or Control Estimate that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 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 the 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 the 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 meet 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. § 7.3 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 the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due, pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction Manager, 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 services or construction for the 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. § 7.3.1 In the event the 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 under 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 the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another 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. ARTICLES CLAIMS AND DISPUTES § 8.1 General § 8.1.1 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. Init. AIA Document B133-2019. Copyrl9ht®2014, and 2019. All right removing, 'The American mattuteof Anaitecls,"American Infante of Amhllecie;'AIA,'aia AIA Logo, real 'AIA Contract Documents' am hacemarks of The Amercan Institute of Aram ells. This Document wee produced at 11:3841 ET on 0130=23 13 under Order No.2114444856 which expires on 07131=24, is not fa resale, is licensed for one -Gate use only, and may only be used in accoreanos wan the AR / Contract Documents^Terris of Bernice. To mind copyright violations, a -mail doanfolgalscommcls.com. User Notes: (31B9ADA49) § 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 Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments wising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts in omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend. The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 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 either parry'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 wising 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. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The 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 any court having jurisdiction thereof. § 8.2.41f 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 appropriate beer.) [ X ] Arbitration pursuant to Section 8.3 of this Agreement [ j 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 competentjurisdiction. NR AM Document B133-2019. Copylght02014, and 2019.AIl dghtsreserved."TheAmericen hattuteof Arciilec(e; "American Institute ofArchitt "AV1; the AM Logo, and "AIA Contract Documents' are trademarks of The American Institute of fimhhects. This documentwas produced at I In 41 ET an QW 2023 14 under Oder No.21144448M which expires on 09I312024, is not for resale, is licensed forone-gate use only, and may only be used in woodencawhh the AM ( Contract Documente°Temsin Service. To repot copyright violations, e-mail decind@i0seentrachecom. User Notes: (3894110,46) § 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 other 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 parties 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 filed 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 he 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 a 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 an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court havingjmisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 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 fact; and (3) the arbitrations employ materially similar procedural tales and methods for selecting arbitmtor(s). § 8.3.4.2 Either parry, 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 the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a parry to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights ofjoinder 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. ARTICLES 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, the 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 the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2Ifthe 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. § 9.31f the Owner suspends the Project for more than 90 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. Init. AA Document B133-2018. CopydBht®2014, and 2019. All fights reserved. The Amadcen Institute ofArchitects;'American lnsdtute ofArchdeMs, 'AW; the AA Logo, and -AK Contract Documents' ere hademarYs of The American Insdtute of Architects. This document was produced at 11:38 41 ET on 08130AN23 15 under0mer No 2114444a88 which expires an 07131=24, is not rear resale, is licensed for one-time use any, and may only be used in accordance with the AIA / Contmet Domments®Torres of advice. To report copyright violations, a -mall doenfo®aiaentmists.wm. User Name: (3BMDA48I § 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 the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Sermon 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. (Paragraphs Deleted) § 9.6 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 9.3. § 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, except as modified in this Agreement. The term "Contractor' as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor 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 tender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior in the assignment. § 10.41f 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, services, 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 the Owner or Architect. § 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 Ink. AADocomeMB133-2019.CopynghtOM14,end2o19.AllNhsresemed.7he AmedmnlnstiWf eAmhitedsf'AmedmnlnstmW &Archltede;'AIA.'the AIA Logo, and AIA correct Documents' are trademarks of The Amemmn brads of Amhitects. This dociment was produced at 11:38 41 ET on 0&30/2023 16 under Order No.21144448% which expanse or 07131=24, is not an resale, is limnaed for one-time use only, and may only the used m eanManm eau the AIA y Contract immense Terms of Bewice. To report copyright violations, e-mail docinfu®eiacontradscom. User Notes: (3BMDA46) 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 the Owner's promotional materials for the Project. This Section 10.7 shall survive the lamination 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" in "business proprietary," the receiving parry shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section I U.8.1. This Section 10.9 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business 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 parry 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 the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .I Stipulated Sum (Insert amount) Eight hundred forty-nine thousand five hundred twenty-five dollars ($849,525.00) .2 Percentage Basis (Insert percentage value) ( ) IN, of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method ofcompensation) See attached Exhibit B - Compensation Summary § 11.2 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 amount of, or basis for, compensation If necessary, list specific services to which particular methods of compensation apply.) Included in Architect's Basic Services compensation § 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 jar, compensation) Per owner approved additional fee proposal provided by Architect. Init. AA Document B133-2019.Copyright®2014, and 2019. All rights reverend, 'The Mercer Institute WArchiterou 'Americen Institute of Archrecls; "AIA; the AA Logo, and °AIA Conaacl Documents are uademads orThe Ameriaen Institute otAmhi(ects. This document was produced at 11:38,41 ET on 06130/2023 17 under Order No.21144448511 which expires on 0713112024, Is net for resale, is Isensed for one-time use only, and may only be used in accordance with the AIA contract 0o ximenls® Tens of service. To report copyright violations, e-mail do onfa®aiamntre cts.rom. User Notes: (3BMM48) § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Ten percent ( 10.00 %), or as follows: (Insert amount oJ, or basis for computing, Architect's consultants' compensation for Supplemental or Additional 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: Project Phase 1 Survey Sixteen thousand $16,000.00 dollars Geotechnical Analysis Eight thousand $8,000.00 dollars Concept Refinement One hundred thirty- $136,500.00 six thousand five hundred dollars Schematic Design Phase Six hundred eighty- $689,025.00 nine thousand twenty five dollars Total Basic Compensation Eight hundred forty- $849,525.00 nine thousand five hundred twenty-five dollars * Project Phase 2 Compensation to be determined at conclusion of Project Phase 1, if the City decides to move forward with Phase 2. The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. (Paragraphs Deleted) § 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. Init. AIA Document B133 — 2019. Copyright 02014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 11:38:41 ET on 06/30/2023 8 under Order No.2114444856 which expires on 07/31/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA 1 Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA46) (If applicable, attach an exhibit of hourly billing rates or insert them below.) Per Exhibit C - JPR Service Fee Schedule Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, 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 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 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; .7 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 Ten percent ( 10.00 %) of the expenses incurred. It is anticipated that there will be no Reimbursable Expense for Project Phase 1 and the anticipated Reimbursable Expanses for Project Phase 2 will be approximately $5,000.00. (Paragraph Deleted) § 11.10 Payments to the Architect (Paragraphs Deleted) § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in Init. AIA Document 8133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," `AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 11:38:41 ET on 06/30/2023 19 under Order No.2114444856 which expires on 07/31/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA 1 Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo®aiacontracts.com. User Notes: (389ADA46) the Work, unless the Architect agrees or 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 applicable 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 documents identified below: .1 AIA Document B 133T14-2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition (Paragraph Deleted) .2 Exhibits: (Check the appropriate bax for any exhibits incorporated into this Agreement.) (Paragraphs Deleted) [ X ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes ofservices identified as exhibits in Section 4.1.2.) AIA Document E205 - 2022 Architects' Scope and Responsibility Matrix Exhibit .4 Other documents: (Gist other documents, if any, forming part of the Agreement.) Exhibit A - Scope of Work Exhibit B - Compensation Summary Exhibit C - JPR Service Fee Schedule This Agreement entered into as of the day and year first written above, CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS lau (Lull Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member 1- m Joseph R. Molnar, Vice President Jordan//V. Gathers, Member �iV ~ Attest: Theresa M. Heffner, Clerk Date: July 11, 2023 ARCHITECT (Signature) David M. RafinskiChief Operating Officer (Printed name, title, and license number, if required) Init. AIA Document 13133 — 2019- Copyright 0 2014, and 2019. All rights reserved. "The American Institute of Architects,' "American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produoed at 11:38:41 ET on 01313D12023 28 under Order No.2114444856 which expires on 0713112024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo®aiacontracts.00m. User Notes: (3139ADA46) AIA Document E205" — 2022 Architects' Scope and Responsibility Matrix Exhibit This Exhibit, dated the Thirtieth day of June in the year Two Thousand Twenty -Three is incorporated into the agreement (the "Agreement') between the Parties for the following Project: (In words, indicate day, month, andyear.) ADDITIONS AND DELETIONS: The author of this dominant has for the following PROJECT: added information needed for its (Name and location of the Project) completion. The author may also have revised the text of the original Four Winds Field Renovation & Expansion AM standard forth. An Additions and 501 West South Street Deletions Repod that notes atltletl information as well as revisions to the South Bend, Indiana 46601 standard form text is available from the author and should be reviewed. A OWNER: vertical line in the left margin of this (Name and address) dominant indicates where the author has atltletl necessary information City of South Bend, Indiana and where the author has atltletl to or Board of Public Works deleted ham the original AIA text. 227 West Jefferson Boulevard South Bend, Indiana 46601 This document has important legal consequences. Consultation with an attorney is encouraged with respect DESIGN ARCHITECT: to its completion or modification. (Name and address) Populous 4800 Main Street, Suite 300 Kansas City, Missouri 64112 ARCHITECT OF RECORD: (Name and address) Jones Petrie Rafinski Corp. 325 South Lafayette Boulevard South Bend, Indiana 46601 Ink. AM Document E205-2022. Copyright02022.All rights reserved. 'The American Institute of Arrhgects;'American lnstimte ciArchitrb; "AIA; Me AlA Logo, and "AIAContract oosmenta"are oxistared trademarksd The American InsliWte ofArondecls. This documentwas produced at 1148:24 ET on Oard012023 under Order No 2114444858 which expires on 0713112024, is not for resale, is licensed for cne-time use only, and may only be used in acmMance with the AM Contract t Occumente Ternsof Service. To moon copyright Nolabons, e-mail docinfplbaiacontracis.com. Lear Now.: (1731288831) 9 0 gg v � • E �y y y S go z aa�� E2 i o; a .o 5.. a� 'b 5 o � q C N m 2 y� aw��ao z z a a a a MA R .>itle mS3oomo$0c'3'S'o >> ,�eo 053 a.L om '0 Q'�'$ ywe yEH3 NQ u O Fi 33 >v'�Q i- A$'ffi9 cfi C- 0! v Jy� q b S'� rc w O>A. g=��vWv l Eo o 'dy ffi c CY. "'O$N v LLv u.p Qv=effiiR v bz Ors � vv^-.�� 'a� �i�83 'K �40G c v 5° i 'Sc o Fio H omC,> :.` o�a R.5 ug o Cov E'o my av ti$ Ga R` G w° W ri VVV O S FI 6 O p� 9 €n $ 6$ "' g N �efG Q.,a5��a's"° �. `R 'a�pp4.'R. :s'as va `rm gg$ OCR .m .a o$�L'm.Q wo .3cocG �m v'e 3u.0 N at w4E E�. 9 J m w °2 D •Q � .0 b 5 O g � i 5 E. 5 c > c \ m ogU E2 O O O a 5 E o 5" o¢ ¢ a O ♦J�LL.4 a x C N W ° �' v •° dr �'3' d a `c 4 ° G U � E d.o 6 m.5 "o map :5 .n y y o ff 2' m � E c 3 d o❑ r° - E _ E d N'S 2 yO d 4 & SOU.c.5 E ° od'>�:da e'y.bC w dom cia om o ° oapW N LL 9 m O U° O '� %n N E U Y" •�j ~O 4 SfEcg2 N V' O °NaN C U r N �^ 'Jp 3� 04 W dd ° yU& Or N N$ U N N va �Ct a�a$' aoadoasgg�<='a wN Bvoaw'a�U N.oUwh m3H.m .m.. M R aE gp€ — T 16. S 5 �n ti0F'� V "�1 ;O �. •O O ; 4yOw ��•�� E �, "•2C g D y0; w� � v V � > .IJV' tiU� O ❑ ❑ � V ❑ ° S o s ° JGa.6 U.y �g rn°J g9Qa 0 a z z x a � Z y ..Ei>. S.'a c C H y 8>mF°�my -..S o.yu E O 523 p °' 3 G v E c y .y G'Lj m a> pypy ° v E� p�i 0 O° °O �❑ � nE. ov`°$p .,_°'c �0'5 'o BFv._vA °qGU E a a3 �15 $ �� o wcENciSEg°c3e°o ,°o°drw°O w 3a$.5mov5 a$,ppy mvm �$�;q GE 8? E a .@ �+ o a o �''� •�$ o �' $ E v° N q c S omypw>, o vC ¢ A o. EE c�'Q_. €`m$ 5 u�'a d-U a+'a p c�H❑ K S. J �. 9 E�qF, O V' Z F N W II .O n W A.°i C q E a ' 3 w vp Cvp p°pT,. qLq N _O 3 60 ui U d S E B u me3 w E2 "' S W O W � ❑ � N E°Svvw$•S_o'8 > .0 Y' 9 Sri � N E❑ ❑ao.i�,E$�,,�U3 d ❑ � U 00 � R � C N y vy a > mho$ 3vc9Q oL"p aiL �i_�o,o��b •5� e��''wvoo o�cisam 2,9T `�w� � r dYp. $ t F F 4 z c oui O O z y n FLqq"i1�� d �o V 4 Yi 'S aC 0 W "� .� v o x j 24 'E o m ❑ v r '+ o ' C �G $ Q ..6 i 3 W g N 6b LL' U N m y p O AM' O Q m Y 'a gqY v 5 h 4' SF �$ "' "' S� V—w �� oN•F oq ^d v— gr ' 3 aa$ g'w�3V u� •o C' GC.y wwv°i 'H «.m o'9'�o. .4+ w'�m �i .9C �'v' obo v I S c o� $ o r V d tl b S° 5 �ry 1 V y 9C u y b F O N ° w S N � C N ¢ W a a'. zoo o avaEtj? `dv ° X-0 E -'.q"3 va°w c o s �." oa "p w T19 v b' `2L'c �°'❑o a w o c o o5,$.�'$H 8g evvEi'$� ` w..L. $ oo rnycQw°m ,$U 5p"U JA y>+ucoq os vy�7$ ,m, y w E. of € � Q ye v NU$Eo� 3�o Gry ,S `Ey: Y1 u zU c50oUv S a> .pm aCi fi. i $ go$ > $ Q Q CI `N 9 N 6 O g wac S.N$ Uvm E'a V O Z w_M«IO•TpOA 3 w E E ... � � S 5 � ay' oW .U5 a'O�O y c E U.vpv_,v a bz Ko' a°i$>53 O is� rc o,-pp:o a8wy i Co a= ❑ U °^ N 6 .Q�C v { `��� N v N .q y th 01 .p F �+$N'a wfg'u3mw �a w❑ rm �. �m �m �'3 �°. `��aF$ 9 V. $u c p t Al U i ❑ n ° E E o 's ° ¢a a a a 2 �9 $O¢ U 6 y9�goa d z z a ¢ ° op ms 'c'bo m« o o A 5 p v a m v 2`.9 c E-P U d lq' a"i �i U€Ai II y 1 , a u oo`o oncopo3 cc3 S.-�395m Qy.��,„ �5m .$ " coo a z I � aw'w ns ..Y>,3o y''> moos° 3 e EC ��y@voc°° "OyyYmCm3L$,�p �py ON =n,G 0 CO •fuj''S Lp = m u°'8 'y38 Z.V ym OVA c U m A a o z O V ggN ya��i r�e`C��o.g �Eu�°J 'C3m 1O�o Q�vi= w 8;'O c Ti diC d.g o5m >>>� dO v 4 � cvfa S,v aci ��od3 �� 9 E��m S.L-' oQ pE�m� ale aV Am Q Q gam° @�9°�9xE.5 oFmF cC��+L15'pup'E ® 2 &uo Ed`5 w5=gcca.Smd�.yE {yb �A'�at3 m'SlNN0. *6y6 m"LLu 03€mO�y-Hp-A'J x. �i-E °m �C'q°q wEO. v c T-i �i3w d.5.E V c `� 9� ' Gj ! E o O� v q u � (i A O O' ° � pYay5�c� O � O O y`�y �U$�ma5i «'p II S W S' r, Q yy yy,,x gg pp 9 Q �i Q V � ° pp Q 9 g G ow¢w-?rmU Ua m 0 00 3 U O i Cy � •� O a 9 � a � 0 y y y O U •�° �csi�d o A .s � s N2ga a a o g N a •Q V m m � � 6 zo u q L - a' a S � F U o«-• F 9 Op TN -_ a cy W o a �•� � qq m V € � m=o'«eom m�.� � � fi oLl � o n `c o U ea a c>kN'� E mm.Nv wv « C N V L ''6 O v v0� �v`�$eMQv �.p S.�• � � � � y � « K a y ''� ° d� umi S 'e my e3a e°� v '?,7� 3nNN o.3 �m Imo v II ;2 acF�'da•; dgd 18 ��a G�'.y fm �cgfiw��'yeHwO.m� 3 i 5 � y" m Ly $cue U aL '35 a 5 �2 m 9092 z z a a 0 a � � N G1 i O m F ,,yy N'O TO �+ z'b w =09c5 z a p E camL' opp" °>'GG�d� 0 O Fe 3yy�ya v V V Z GGC O n' N 6. i1 q y iI1 F Ow. 9� a v o o ga 0 6.�..aaClv�`¢' 00 X w CaQ° mn,coc€ $ m `tl S 22 �� o L vp Q K N N E> 6 n m c fA °o yap c 7 o e' c� . y. o II O W b Q O n • "3 m c v v" e U �° 2 U w �Qe°s�N��= c e F y � wdw�=S� m°$promo>m.s�vv N LL t^�' G'S �O�N �O�FLM moaniWppmx gC� o a i o q 9 E. m Lw ` ,�••. O �'ja U 3 e ey�°d.g d f.� 'rye qua 'du �ws LFaa i o�� d dSoEoa °u a�wwC� d d'gg QQQ d .m �mvU w3m:9 m .r 9 o0 o S a 4 V s1 p�� R O tOi d O y Ob.y tl e f tl p ti U C tl O— V 3U.A `O S o� 3 �J��oz 9 z z 9 G m N Q N v AC�raE'g•Z Z Z U ' y d Z N 9 •A S. b S u P. .w0.. 5ipi py z S V A 15 p E $ o 0 $ ❑ '9 �i V 1u" � '�' � 6 N .0 NL� aFi 0 0 Q U y g w y ((aJ a p e b 6�.0 'p«q T"JN Oj tl5 n mH w0 a oaQ.gU6� _ nano oo> o .Z. eo Lp S tl Z ''�IL C i n_ S w c. c `o a o.'9 a w'•d z `o' S p �KUN .9 ��a NNy {cm.' N Ol q' Cl .�W Olw 0 o� a a .pi d riiL Q 'u a s g e u N a .5 a 5 o u o b o Z rL �M5 o c V5N a w 6 � J a �o Z X N d N m � d by 'J x�"i O q •pO H �yW v e v� S�Uoy ; o`k'+k'n C�j U m N¢ Q b y uO p V W Q ¢ O'a:5 V k U O� Ci d V O pd v ye � m ov @a N5'S$o _ o M V Qq'JC � N NN U N ❑ R' V S W� k m �VQ'i G�v° .os wwUCS3a�rm u.�C6 se€ a�E EEO �xQ p�vQ €S ®aa", HS FE r 3 w � � •- T7 �9 a QV � Q LO. 0 99v oyes ,d .�v 'SLLq `u y ad n 5 � o�rdEz 5 oG O m 6 U yR m V N � 5 '«5 y T.O YN Y O ✓. 'O' � i {yC�. `v 'O vq$ m O aFi o S L 0. �'a .a n � o �•� 3�� E 3�nu o5°d � e � v C�'�^ o ° z u m -0 a OR Eg °•a�5ac o05 'gE "oo"°'�vSNoego .e •°n`o o, v Fo`o 0. 3�d.A �dip 8"'d+' rY N 60 O N,nSa^5"7 o= O avy� wffiy 3•v mq c3ow �£'ov 5 y.5 010 o'm 9 oVa C.da•o �g.o €v,i'9 _w oz c-• m o°ym� "g°' itlworJ' c d �vCa �oE N bU N+ 5{ 4 q.°.ap h° �W.. O C R O � °u�'�yymyv °'y IIs' o ¢ qq <�i55 v+�ef ae9 opa 0 9t `o �o un ° m •$ o .9 .. ci w+ c 3 m 3 •5 —O a o3 av a� tl °uyO � a.e � •mev•° ° i 5 OQ .s $EE a 5 LNG tll � U .y 10 Z N. G H ° N m �' °°' E'�N2•C� 5v� v'CoCw a a V 3ao��i o � Z Ag � �i .0 LF �'rJ .5 nv.5 c�o5�,°,7 :•5Q E t4 a m rE ;E3 .F!ts am o A. W V o 6 M G•'; O �'� « e u W y q d U II O gyp. LLO L q it 8 m ii-cw-'ca d wXXg'o"o ,Fu-',E$cdox.9 9 a �aa E2 Av-zg J o 00 w° ti m s e a 5 a o� O i v v a °u - r.iey a o� � b o 45 e ° 5 5 o E o r 3 .d 5na N$ Cy6 y bbb v .rj %5 S l V� Lv .O O E y� N �� N d�'Q^ t• O W N L C y a° 53 �. II [ u N q o •O m m U '� w� y � E y. 9 '� m o r& � � E o `o � B o s L^ E$ o c� � r �•a ��� S e� m24Z,�Oo maa. `?'�3o ov �Nr,5p .E p>pA.5 W aC6 " N NA�u F3 p00�=C4 �Yi '�+iL y'O.l'v 6O �v.. g° Q o y o uCv c0. �Y. �. 0a 3c'do O avi Ed iC O V .O 0 y °':p c-� x � �E'N 3�S�p .• �.itl.viceGUc E om$ � �n •3K �o �`� 5� E�'U � F°6���' w.oi�d�56 ti o. v5i w� O p «Qqq «� O:9 Off« g y, v a N O' G vdi P W.9� o• S'o«�53�¢ti3�''^ a>« a$� w �4H2oE4,5 Oc m'3 E96yHa3 av� Fsr •� � o m S EL �6 �6 ° o v S � ZO a s o. o. a c. •o -S •C v •d yv •O � O �Oti � OR � � Y+ q. P� �• °Y O �+ 4 y � O. o � 5❑ q �O C7 3 � i b 'v' Oo q � Q Oop •P3- s y .ney WL •O QQ 'O a�i F U nU � � 'O T� •O •° •0 9 uWx ,•p •d° 'C 9 ,yj •O Q.: 84 O eF C b 6m 6`�Fyp�" qC� ryQ i LL_ Q° N 6 m P• H 4� g6 GN � F 6 Q1a'^ � C<,1: aa a� 5 E o ° C O lJr6 R'Q 2 N O gv° •o 'Oc.e�`o$a°iya'Gb °O Sqe b°r3 8 g 1 and a mcy cd'tl v o E"cEw 71 y oo c�9 w.o �io��'c uCyv.J C7 .'Sey 18:p;E ,gg � yv a C b ,c guy CGvevS-Ng�Eq.WGz,V�Ao° p N m L U E 3 p 8 `o `d Y II 5 € qq v ;g cLi '� S c GW CUS O E F O K d VId �6ha nFv LL_ oy` av pmp a�5 v din 4 �.0 n 3�oV Wro '� I „� W .t 9'S; v•Go a v$� y@@ ��• T ¢a a= m v�inv�a'i d `n a '� j� Q � � r 8gE €�o %E8 ; 9 < €S a�s s E8g � a �Ec2 ¢� Aw i 42 y $ � tl p36 3 d $5 sa i H tl U C � n� yry n C.5 o$- .5 5 0 8 x re z 0 og cy w c z y V ¢ U o s N O Y. N a N c q u c°i do vU W 30 �� y�?? V�o0mmvo V E 3 00 o'�^>a 2 d�'.� V O$UO`U G�O &m= �m $ q �cm �'OvxV]V �VOF+V m o $ 0 3 0 v 9O 2 Fyi °' $ € w I 9�Ei m snc 4 o v c9vvi��$m t1O. y> Ec`OC N b Q W y U C O L O$ O y ,4V-, '$ o Opp"O '0 rU' s � 5p ��yy '9 'O •O 9 p G O o 'S O .- U f rho O v O V 9 J 'L 1� 6 i1 .5$yUeO� Oqq'QW rlwTl .0 LVnV fJ VU�09'«94,Eg�$N «49U ur'oEq���y�=� O00 ymiaK °u w m E min ryn a � �$umi>�cmi�"u�c�°�3� w d° wLLi ET "a. tFdfG o�.ti < Fc ou � 2.m `� m 9'm y rJo-' N 11 A. .m 2 } !\ \ %! k \\ ! E4 & #, | f) )f ( ) � \ ) : §!] \\\k }§gig ; i22 B) ^ -■� ;! ! ! !} { � � { ^ »\ { j / ! * ! \ aia ■e» &± §E ,!, — q N � �+ 4 O � G1 �C o v O GG4 y Z y B a U ba5� C l IL y 1 O o d O i z z z z z z z z z z a z w FLw jz- m ga e a z z Z. z X X a a z z X z F�a Qs` X X z X X X X X z a X X X v a m c Es-0 Y Yn POz; N O ty v a y.p N iO o y y c .y a m i ti rn 5 3i cw c i a V U m N3 S$ wyy S C 01 N CN Ol O ZQ E m 5 w 4 n m 2 m Cb � C O S OI 'yl. � d 9 d 9 u � n TNNi a b 'O fp m �p m tj �p (G 1p ep �p y' gyp' 3 b Y y Q tis �_ 69 > o Q n3 Q 'w N.N 5 € z z z z z z Z z z z Q z Z. �o z z z z z z a z z z a z z T O 0 �Q Z z z z Z Z Z z zZ a Z ',z .�?..'yY SNY g c o a m F} d d w m E D w o° NN�L.ug N [� O LL F F a Q Q JI {4yl {S� IyLL O n b d d d d d d d d d d d d d 0.' m a e « r7 S . m, m, . aof m. NEW SEATING PRODUCT / F&B s A 00 wmj am.. IMPROVED PEP CLUB Concept Design I Overall New Construction ,_ -= = + POPULOUS' a NEW SUITES P%I® PARTY DECK BRIDGE / PLAZA s CLUB SPACE / KIDS AREA s A v RELOCATED SPLASH ZONE s 0 ,fi BEER TERRACE / RESTROOMS v RELOCATED KIDS AREA South Bend Cubs Stadium South Bend, IN Populous Conceptual Estimate 09/20/2022 CONSTRUCTION MANAGEMENT RESOURCES, LLC CIVR Construction Casts Consulting + Estimating 11006 Paral N P1,+yp SO* 2W KANSbS CITY- KS 66109 - 913.2e2471 S `mrQcmecosts cox+ 28.863 SF 5.544 SF 29.411 SF 15.304 SF 19.023 SF DESCRIPTION TOTAL Grab & Go/ Press/Seat Opt 1 Uppper Level/ Roof/Club LF Building/ Bridge CIF Improve- ments Splash Pad/ Kids Area 01 00 00 GENERAL CONDITIONS 2,269,759 94,740 1,068,587 734,564 229,167 142,700 024100 DEMOLITION 721,965 128,228 293,843 144,267 83,764 71,862 02 45 00 HAZARDOUS MATERIAL ABATEMENT (None Included) - - 03 30 00 CAST -IN -PLACE CONCRETE 595,223 22,236 163,062 315,550 94,374 04 20 00 UNIT MASONRY 1,546,169 113,778 858,421 390,717 183,254 05 12 00 STRUCTURAL STEEL 3,611,232 9,142 2,108,515 1,229,460 264,115 05 50 00 METAL FABRICATIONS 433,000 1,096 252,819 147,417 31,668 0551 00 METAL STAIRS 90,000 - 50,000 40,000 - 05 52 00 PIPE & TUBE RAILINGS 716,974 40,712 543,466 54,954 77,842 05 73 00 ORNAMENTAL HANDRAILS AND RAILINGS 344,821 - - 344,821 - 061000 ROUGH CARPENTRY 830,886 - 739,001 91,886 - 064016 INTERIOR ARCHITECTURAL WOODWORK 693,045 63,264 585,490 - 44,292 074100 MANUFACTURED ROOF PANELS 1,072,998 - 923,751 114,857 34,391 07 50 00 MEMBRANE ROOFING 299,500 4,987 90,696 157,124 46,693 07 60 00 SHEET METAL FLASHING AND TRIM 258,581 4,366 108,034 104,400 41,782 07 72 00 ROOF ACCESSORIES 111,752 - - 111,752 - 081100 STEEL DOOR & FRAMES 12,650 6,420 2,670 3,560 08 33 23 OVERHEAD COILING DOORS 23,784 - - 23,784 08 41 00 ALUMINUM ENTRANCES AND STOREFRONTS 2,594,261 2,138,031 456,231 - 08 71 00 DOOR HARDWARE 18,000 9,600 3,600 4,800 09 00 00 FINISHES 4,922,027 95,036 2,330,736 1,933,279 467,858 95,117 0921 16 GYPSUM SYSTEMS 137,838 - 3,878 133,960 - - 09 65 13 RESILIENT WALL BASE AND ACCESSORIES 1,234 1,234 - - - 099000 PAINTING 61,035 9,712 31,553 10,605 9,165 - 10 14 00 SIGNS 500,000 30,000 290,000 45,000 90,000 45,000 11 4000 FOOD SERVICE EQUIPMENT 1,200,000 250,000 550,000 175,000 225,000 - 12 60 00 MULTIPLE SEATING 619,600 78,320 284,390 34,890 222,000 - 13 12 00 FOUNTAINS 250,000 - - - - 250,000 14 20 00 ELEVATORS 245,000 110,000 - 135,000 - - 21 0000 FIRE PROTECTION 122,074 6,599 21,399 82,335 11,740 - 22 00 00 PLUMBING 644,703 32,500 253,147 182,967 116,089 60,000 230000 HVAC 1,134,371 60,329 263,907 731,868 78,267 - 26 00 00 ELECTRICAL 1,905,846 116,847 457,188 877,246 205,919 248,645 31 2000 EARTH MOVING 33,923 5,868 - 17,458 4,025 6,573 31 6300 DRILLED PIERS 182,605 - 182,605 - - 32 12 16 ASPHALT PAVING 3,808 3,808 - - 32 13 13 CEMENT CONCRETE PAVING 1,319,527 568,174 252,403 498,950 3231 00 FENCES AND GATES 274,858 93,724 145,394 35,741 32 93 00 EXTERIOR PLANTS 196,559 95,701 54,286 46,572 32 33 00 SITE FURNISHINGS 430,500 80,500 - 350,000 33 10 00 WATER DISTRIBUTION 60,000 18,000 18,000 24,000 33 30 00 SANITARY SEWERAGE 45,000 13,500 13,500 18,000 33 40 00 STORM DRAINAGE 106,639 - - 56,721 16,628 33,291 subtotal 30,641,748 1,278,995 14,425,931 9,916,609 3,093,761 1,926,451 Contractor's Fee 4% 1,225,670 51,160 577,037 396,664 123,750 77,058 subtotal 31,867,418 1,330,155 15,002,968 10,313,274 3,217,512 2,003,509 Design/Estimate Contingency 20% 6,373,484 266,031 3,000,594 2,062,655 643,502 400,702 subtotal 38,240,901 1,596,186 18,003,562 12,375,929 3,861,014 2,404,211 Escalation to Mid -Point - 07/01/2024 12.8% 4,913,327 205,084 2,313,162 1,590,103 496,077 308,902 TOTAL 43,154,229 1,801,270 20,316,724 13,966,032 4,357,091 2,713,112 Alternates Alternate #1 A - Replace Dugout Box Seats-19" Irwin Self -Rising Armchair Seal 656,882 Alternate #1 B - Replace Dugout Box Seats -Four Topps Mesh Row Seat 1,056,163 Alternate #2 - Replace Mechanical Equipment 1,236,987 Alternate #3 - Replace Split -Face Veneer with Brick 2,730,527 New Seating New Seating New Seating Product 1 Product-2 Product 3'' 29.788 35,645 41303 53.089 51089 53.089 4,673 4,673 110207 15,999 8,732 27.726 40,712 40,712 - 57,660 27,744 27,744 132A24 29,043 29,043 29.043 2,769 1 ,51 1 4,799 100,000 100,000 100,000 78,320 102A00 39,000 10,000 10,000 10,000 10,000 10,000 10,000 402.136 481.209 557,5901I� 16.085 19.248 22,304 418,222 500.457 579,893 83.644 100,091 115,979 501366 600,549 695,872 64.482 77,161 89.408 566,348 677,709 785,280 Page 1 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 Grab & Go/ Uppper LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating DESCRIPTION :: QUANTITY UNIT $ TOTAL Press/Seat Level/ Bridge ments Kids Area Product 1 Product - 2 Product 3 Opt 1 Roof/Club 02 41 00 DEMOLITION Site Demo Landscaped Areas 8,349 SF 0.75 6,262 2,586 1,325 2,351 Demo Hardscape 49,669 SF 1.75 86,920 49,450 5,628 31,842" Sawcut 560 LF 11.00 6,163 3,172 1,340 1,651 Demo Elevated Structure 1,419 SF 12.00 17,024 17,024 Demo Fence 348 LF 7.50 2,613 2,613 Demo Building 3,831 SF 15.00 57,461 26,869 26,759 3,833 Remove Trees 10 EA 500.00 5,000 5,000 Demo/Salvage Playground Equipment 1 LS 5,000.00 5,000 5,000 Haul Off 3,241 CY 35.00 113,449 54,576 31,688 27,185 Building Gut Interior Construction 3,113 SF 5.00 15,565 15,565 Demo Exterior Wall at Club :: 2,486 SF :: 12.00 29,834 29,834 Demo Exterior Wall 4,998 SF 6.00 29,990 29,990 22,301 22,301 22,301 Demo Screen Wall 655 SF 2.50 1,636 1,636 1,636 1,636 1,636 Demo Interior Partitions 1,584 SF 3.00 4,752 4,752 2,375 2,375 2,375 Demo Low Wall 285 SF 3.50 996 996 Demo Flooring 7,633 SF 1.00 7,633 3,939 3,694 1,198 1,198 1,198 Demo Ceilings 7,633 SF 1.25 9,542 4,924 4,618 1,498 1,498 1,498 Demo Door/Frame/Hardware 16 EA 60.00 960 960 720 720 720 Demo Casework 231 LF 12.00 2,770 2,770 678 678 678 Demo Railing 155 LF 4.00 622 622 622 622 622 Demo Seats 250 EA 30.00 7,500 4,800 2,700 4,800 4,800 4,800 Demo SOG 291 SF 4.00 1,163 1,163 Sawcut Slab 68 LF 12.00 819 819 Demo Roofing/Structure 4,113 SF 5.00 20,567 8,126 12,441 6,696 6,696 6,696' Demo Concourse Roof Struct - Leave Cols 25,927 SF 4.50 116,670 116,670 Demo Coping/Flashing 318 LF 5.00 1,591 1,591 Demo Plumbing in Pepsi Club 1 LS 1,000.00 1,000 1,000 Demo Plumbing Fixture 9 EA 100.00 900 900 800 800 800, Demo Conccesion Plumbing 1,582 SF 2.00 3,163 3,163 Demo HVAC 7,633 SF 3.50 26,717 13,786 12,930 4,195 4,195 4,195 Demo Lighting & Electrical Devices 7,633 SF 2.50 19,084 9,847 9,236 2,996 2,996 2,996 Haul Off 2,965 CY 40.00 118,596 36,030 82,566 2,574 2,574 2,574 -------------------- 721,965 -------------------------------------- 128,228 293,843 ------------------- 144,267 ------------------- 83,764 ------------------- ------------------- 71,862 ------------------- 53,089 ------------------- 53,089 53,089 02 45 00 HAZARDOUS MATERIAL ABATEMENT (None Included) 0 0 0 0 0 0 0 0 0' 03 30 00 CAST -IN -PLACE CONCRETE Column Footings 153 CY 675.00 103,200 74,400 28,800 Grade Beam 136 CY 650.00 88,619 58,457 30,162 SOG 11,386 SF 6.00 68,313 52,660 15,653 Slab Repairs 7,333 SF 1.50 10,999 6,414 4,584 2,455 2,455 2,455 Patch Slab at Elevator 147 SF 10.00 1,469 1,469 Slab Repairs - Risers 1,906 SF 1.75 3,335 2,218 1,117 2,218 - 2,218 SOD - Concourse 26,748 SF 5.50 147,116 115,692 17,328 14,096 SOD - Seating 5,256 SF 9.50 49,933 39,269 5,002 5,662 SOD - Building 16,940 SF 5.50 93,169 93,169 Elevator Pit Mat 338 SF 15.00 5,070 2,535 2,535 Elevator Pit Walls 8" 384 SF 50.00 19,200 9,600 9,600 Pan Stair Fill 4 FL 1,200.00 4,800 2,400 2,400 595,223 22,236 163,062 315,550 94,374 0 4,673 4,673 110,207', Page 2 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 Grab & Go/ Uppper LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating DESCRIPTION :: QUANTITY UNIT $ TOTAL Press/Seat Level/ Bridge ments Kids Area Product 1 Product - 2 Product 3 Opt 1 Roof/Club 04 20 00 UNIT MASONRY 8" CMU Wall 18,634 SF 26.00 484,482 35,176 361,063 88,243 15,999 8,732 27,726 Brick Veneer 28,826 SF 35.00 1,008,901 25,816 497,358 390,717 95,011 CMU Elev Shaft Wall 968 SF 25.00 24,195 24,195 6" CMU Partition Wall 1,243 SF 23.00 28,591 28,591 1,546,169 113,778 858,421 390,717 183,254 0 15,999 8732 27,726 05 12 00 STRUCTURAL STEEL Flat Roof Structure 14,288 SF 33.00 471,497 9,142 57,233 288,060 117,061 Concourse Structure 23,598 SF 43.25 1,020,610 909,761 110,849 Seating Structure 5,256 SF 60.75 319,307 251,114 31,988 36,205 Concourse Roof Struct (Wood Deck Div 6) 29,675 SF 26.00 771,537 686,215 85,322 Structure for Roof Sign (Face SF) 4,410 SF 25.50 112,455 112,455 Bridge Structure 3,150 SF 46.50 146,498 146,498 Building Floor Structure 16,940 SF 40.00 677,592 677,592 Nanawall Support 477 LF 192.50 91,737 91,737 3,611,232 9,142 2,108,515 1,229,460 264,115 0 0 0 0' 05 50 00 METAL FABRICATIONS Miscellaneous Steel 1 LS 433,000.00 433,000 1,096 252,819 147,417 31,668 433,000 1,096 252,819 147,417 31,668 0 0 0 0' 05 51 00 METAL STAIRS Steel Pan Stairs 2 FL 20,000.00 40,000 40,000 Steel Stairs to Upper Concourse 2 FL 25,000.00 50,000 50,000 90,000 0 50,000 40,000 0 0 0 0 0' 05 52 00 PIPE & TUBE RAILINGS Metal Guard Rail 2,048 LF 350.00 716,974 40,712 543,466 54,954 77,842 40,712 40,712 716,974 40,712 543,466 54,954 77,842 0 407,12 40,712 0' 05 73 00 ORNAMENTAL HANDRAILS AND RAILINGS Glass Rail 476 LF 725.00 344,821 344,821 57,660 344,821 0 0 344,821 0 0 0 57,660 0' O6 10 00 ROUGH CARPENTRY Wood Plank Decking/Soffit 29,675 SF 28.00 830,886 739,001 91,886 830,886 0 739,001 91,886 0 0 0 0 0' 06 40 16 INTERIOR ARCHITECTURAL WOODWORK Press Counter 55 LF 375.00 20,779 20,779 Base Cabinet 19 LF 475.00 8,992 8,992 Wall Cabinet 19 LF 300.00 5,748 5,748 Suite Casework 480 LF 600.00 288,000 288,000 Party Deck Casework 228 LF 700.00 159,411 159,411 Concession Counter 111 LF 400.00 44,292 44,292 Drink Counter 390 LF 425.00 165,822 27,744 138,078 27,744 27,744 132,424' 693,045 63,264 585,490 0 44,292 0 27,744 27,744 132,424' Page 3 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 Grab & Go/ Uppper LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating DESCRIPTION :: QUANTITY UNIT $ TOTAL Press/Seat Level/ Bridge ments Kids Area Product 1 Product - 2 Product 3 Opt 1 Roof/Club 07 41 00 MANUFACTURED ROOF PANELS Metal Roof 30,657 SF 35.00 1,072,998 923,751 114,857 34,391 1,072,998 0 923,751 114,857 34,391 0 0 0 0' 07 50 00 MEMBRANE ROOFING TPO Roof/Insulation 13,335 SF 18.00 240,022 4,987 31,218 157,124 46,693 Re -Roof at Pepsi Club 3,130 SF 19.00 59,478 59,478 299,500 4,987 90,696 157,124 46,693 0 0 0 0' 07 60 00 SHEET METAL FLASHING AND TRIM Coping 1,295 LF 45.00 58,282 3,086 24,867 20,994 9,335 Counter Flashing 524 LF 25.00 13,101 5,204 6,411 1,485 Edge Flashing/Fascia 1,694 LF 50.00 84,723 58,398 21,756 4,569 Gutter 562 LF 20.00 11,245 11,245 Downspouts 510 LF 16.00 8,160 480 6,720 960 Roof Scuppers 10 EA 400.00 4,000 800 1,600 1,600 Metal Soffit 3,163 SF 25.00 79,070 55,239 23,831 258,581 4,366 108,034 104,400 41,782 0 0 0 0 07 72 00 ROOF ACCESSORIES Roof Pavers 7,450 SF 15.00 111,752 111,752 111,752 0 0 111,752 0 0 0 0 0' 08 11 00 STEEL DOOR & FRAMES Exterior HM Door - Insulated 15 EA 500.00 7,500 4,000 1,500 2,000 HMFrame 3x7 11 EA 390.00 4,290 1,560 1,170 1,560 HM Frame 6'x7' 2 EA 430.00 860 860 12,650 0 6,420 2,670 3,560 0 0 0 0' 08 33 23 OVERHEAD COILING DOORS Coiling Concession Door 59 LF 400.00 23,784 23,784 23,784 0 0 0 23,784 0 0 0 0 08 41 00 ALUMINUM ENTRANCES AND STOREFRONTS Aluminum Storefront 1,170 SF 65.00 76,078 76,078 Alum Storefront w/Impact Resistant Glass 8,294 SF 165.00 1,368,458 1,054,305 314,153 Nanawall w/Impact Resistant Glass 4,167 SF 235.00 979,326 979,326 Ticket Window 2 EA 4,000.00 8,000 8,000 Aluminum Entrance Double Door & Frame 28 EA 5,800.00 162,400 104,400 58,000 2,594,261 0 2,138,031 456,231 0 0 0 0 0' 08 71 00 DOOR HARDWARE Door Hardware ALLOW 15 EA 1,200.00 18,000 9,600 3,600 4,800 18,000 0 9,600 3,600 4,800 0 0 0 0' Page 4 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 DESCRIPTION :: QUANTITY UNIT $ TOTAL Grab & Go/ Press/Seat Uppper Level/ LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating Opt 1 Roof/Club Bridge ments Kids Area Product 1 Product - 2 Product 3 09 00 00 FINISHES New Seating Product 2,904 SIF 10.00 29,043 29,043 29,043 29,043 29,043 Grab and Go/Press 2,640 SIF 25.00 65,994 65,994 Pespi Club 3,694 SIF 150.00 554,163 554,163 Upper Concourse Restrooms 1,579 SIF 165.00 260,559 260,559 Suites 8,331 SIF 160.00 1,332,910 1,332,910 Party Deck 15,259 SIF 12.00 183,104 183,104 Bridge 1,508 SIF 5.00 7,539 7,539 LF Building Interior 18,297 SIF 100.00 1,829,671 1,829,671 LF Terraces 9,607 SIF 10.00 96,069 96,069 CIF Concession/Restrooms 2,609 SIF 155.00 404,382 404,382 CIF Concourse/Seating 12,695 SIF 5.00 63,477 63,477 Splash Pad/Kids Zone 19,023 SIF 5.00 95,117 95,117 4,922,027 95,036 2,330,736 1,933,279 467,858 95,117 29,043 29043 29,043 09 21 16 GYPSUM SYSTEMS Exterior6" MS Wall 11,487 SF 12.00 137,838 3,878 133,960 137,838 0 3,878 133,960 0 0 0 0 0 09 65 13 RESILIENT WALL BASE AND ACCESSORIES Rubber Base 309 LF 4.00 1,234 1,234 1,234 1,234 0 0 0 0 0 0 0 09 90 00 PAINTING Paint Gyp Board Walls 11,487 SIF 0.95 10,912 307 10,605 Epoxy Paint CIVIL 22,277 SIF 2.25 50,122 9,712 31,246 9,165 2,769 1 511 4,799' 61,035 9,712 31,553 10,605 9,165 0 2,769 1,511 4,799' 10 14 00 SIGNS Roof Signs 2 EA 100,000.00 200,000 200,000 Wayfinding/Graphics/Misc. Signage 1 LS 300,000.00 300,000 30,000 90,000 45,000 90,000 45,000 500,000 30,000 290,000 45,000 90,000 45,000 0 0 0' 11 40 00 FOOD SERVICE EQUIPMENT Food Svc Equip Allow - Perm Portables 2 EA 50,000.00 100,000 100,000 100,000 100,000 100,000' Food Svc Equip Allow - Grab & Go 2 EA 75,000.00 150,000 150,000 Food Svc Equip Allow - Pepsi Club 1 EA 100,000.00 100,000 100,000 Food Svc Equip Allow - Suites 12 EA 25,000.00 300,000 300,000 Food Svc Equip Allow - Party Deck 1 LS 150,000.00 150,000 150,000 Food Svc Equip Allow - LF Building 1 LS 175,000.00 175,000 175,000 Food Svc Equip Allow - CIF Concession 1 LS 225,000.00 225,000 225,000 1,200,000 250,000 550,000 175,000 225,000 0 100,000 100,000 100,000 12 60 00 MULTIPLE SEATING Four Topps Seats and Tables 43 EA 6,000.00 258,000 36,000 222,000 36,000 Self -Rising Armchair Seats - 19" 455 EA 230.00 104,650 42,320 47,840 14,490 42320 Cushioned Back & Seat Chairs 340 EA 425.00 144,500 144,500 54,400 Drink Rail Seats 109 EA 250.00 27,250 27,250 High Top Tables 71 EA 1,200.00 85,200 64,800 20,400 619,600 78,320 284,390 34,890 222,000 0 78,320 102,400 39,000' Page 5 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 DESCRIPTION :: QUANTITY UNIT $ TOTAL Grab & Go/ Press/Seat Uppper Level/ LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating Opt 1 Roof/Club Bridge ments Kids Area Product 1 Product - 2 Product 3 13 12 00 FOUNTAINS Splash Pad Fountain Allowance 1 LS 250,000.00 250,000 250,000 250,000 0 0 0 0 250,000 0 0 0' 14 20 00 ELEVATORS Hydraulic Elevator - 2 Stop 1 EA 110,000.00 110,000 110,000 Hydraulic Elevator - 3 Stop 1 EA 135,000.00 135,000 135,000 245,000 110,000 0 135,000 0 0 0 0 0' 21 00 00 FIRE PROTECTION Fire Sprinklers 20,906 SIF 4.50 94,075 82,335 11,740 Modify Existing Sprinklers 11,199 SIF 2.50 27,999 6,599 21,399 122,074 6,599 21,399 82,335 11,740 0 0 0 0 22 00 00 PLUMBING H/U Concession - Perm Portables 2 EA 5,000.00 10,000 H/U Concession - Grab & Go 2 EA 5,000.00 10,000 New Sink - Exist R/I Press 2 EA 2,500.00 5,000 Elevator Sump 1 EA 7,500.00 7,500 Club Plumbing 1 LS 15,000.00 15,000 RR Fixtures for Upper Level Restrooms 16 EA 7,500.00 120,000 Plumbing for Suites 12 EA 5,000.00 60,000 RR Fixtures for Owner Suites Restrooms 2 EA 10,000.00 20,000 Plumbing - Party Deck 15,259 SIF 2.50 38,147 Plumbing - LF Building 18,297 SIF 10.00 182,967 Plumbing - CIF Concession 2,609 SIF 10.00 26,089 RR Fixtures for CIF RR 12 EA 7,500.00 90,000 Plumbing - Splash Pad 1 LS 50,000.00 50,000 Plumbing - Kids Area 1 LS 10,000.00 10,000 ---------------- 644,703 23 00 00 HVAC HVAC - Press 878 SIF 10.00 8,776 HVAC - Grab & Go 1,762 SIF 25.00 44,052 Elevator Ventilation 1 LS 7,500.00 7,500 HVAC - Club Interior 2,269 SIF 20.00 45,371 HVAC - Upper Level Restrooms 1,579 SIF 25.00 39,479 HVAC - Suites 4,712 SIF 38.00 179,057 HVAC - LF Building 18,297 SIF 40.00 731,868 HVAC - CIF Concession/RR 2,609 SIF 30.00 78,267 1,134,371 10,000 10,000 10,000 10,000 10,000 5,000 7,500 15,000 120,000 60,000 20,000 38,147 182,967 26,089 90,000 50,000 10,000 32,500 253,147 182,967 116,089 60,000 10,000 10,000 10,000 8,776 44,052 7,500 45,371 39,479 179,057 731,868 78,267 60,329 263,907 731,868 78,267 0 0 0 0' Page 6 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 Grab & Go/ Uppper LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating DESCRIPTION :: QUANTITY UNIT $ TOTAL Press/Seat Level/ Bridge ments Kids Area Product 1 Product - 2 Product 3 Opt 1 Roof/Club 26 00 00 ELECTRICAL Electrical - Permanent Portables 2 EA 5,000.00 10,000 10,000 10,000 10,000 10,000 Electrical - Press 878 EA 20.00 17,553 17,553 Electrical - Grab & Go 1,762 SF 45.00 79,294 79,294 Elevator H/U 1 LS 10,000.00 10,000 10,000 Electrical - Club Interior 2,269 SF 25.00 56,714 56,714 Electrical - Club Exterior 1,426 SF 10.00 14,259 14,259 Electrical - Upper Level Restrooms 1,579 SF 25.00 39,479 39,479 Electrical - Suites Interior 4,712 SF 40.00 188,481 188,481 Electrical - Suites Exterior 3,619 SF 10.00 36,187 36,187 Electrical - Party Deck/Upper Circulation 15,259 SF 8.00 122,069 122,069 Electrical - Bridge 1,508 SF 6.00 9,047 9,047 Electrical - LF Building Interior 18,297 SF 38.00 695,275 695,275 Electrical - LF Building Exterior 9,607 SF 10.00 96,069 96,069 Electrical - LF Plaza/Concourse 9,607 SF 8.00 76,855 76,855 Electrical - CIF Concession/RR 2,609 SF 40.00 104,357 104,357 Electrical - CIF Concourse/Seating 12,695 SF 8.00 101,563 101,563 Electrical - Splash Pad 11,682 SF 15.00 175,233 175,233 Electrical -Kids Zone 7,341 SF 10.00 73,412 73,412 1,905,846 116,847 457,188 877,246 205,919 248,645 10,000 1,0,000 10,000 31 20 00 EARTH MOVING Clear Site 2 AC 5,000.00 8,875 4,636 1,610 2,629 Elevator Pit Excavation 183 CY 30.00 5,479 2,739 2,739 Elevator Pit Backfill 114 CY 55.00 6,258 3,129 3,129 Temporary Erosion Control 2 AC 7,500.00 13,312 6,954 2,415 3,944 33,923 5,868 0 17,458 4,025 6,573 0 0 0 31 63 00 DRILLED PIERS Drilled Piers 243 CY 750.00 182,605 182,605 182,605 0 0 182,605 0 0 0 0 0' 32 12 16 ASPHALT PAVING Asphalt Patch at New Curb 190 LF 20.00 3,808 3,808 3,808 0 0 3,808 0 0 0 0 0' 32 13 13 CEMENT CONCRETE PAVING Plaza 21,809 SF 20.00 436,180 436,180 Concourse 18,209 SF 12.00 218,504 127,233 91,271 Risers on Grade 1,896 SF 85.00 161,132 161,132 Splash Pad Paving 11,682 SF 27.00 315,420 315,420 Children's Play Surface 7,341 SF 25.00 183,530 183,530 Curb & Gutter 190 LF 25.00 4,760 4,760 1,319,527 0 0 568,174 252,403 498,950 0 0 0- Page 7 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 Grab & Go/ Uppper LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating DESCRIPTION :: QUANTITY UNIT $ TOTAL Press/Seat Level/ Bridge ments Kids Area Product 1 Product - 2 Product 3 Opt 1 Roof/Club 32 31 00 FENCES AND GATES Modify OF Wall 258 LF 425.00 109,699 109,699 Add for Batters Eye 63 LF 450.00 28,194 28,194 Field Gate 1 EA 7,500.00 7,500 7,500 Wrought Iron Fence 143 LF 250.00 35,741 35,741 Wrought Iron Entry Gate - 20' 6 EA 10,000.00 60,000 60,000 Brick Pilaster 5 EA 4,500.00 22,500 22,500 Exterior Guard Rail 45 LF 250.00 11,224 11,224 274,858 0 0 93,724 145,394 35,741 0 0 0 32 93 00 EXTERIOR PLANTS Turf/Landscaped Area 16,380 SIF 12.00 196,559 95,701 54,286 46,572 196,559 0 0 95,701 54,286 46,572 0 0 0' 32 33 00 SITE FURNISHINGS Baseball Bollards 23 EA 3,500.00 80,500 80,500 Playground Equipment Allowance 1 LS 350,000.00 350,000 350,000 430,500 0 0 80,500 0 350,000 0 0 0' 33 10 00 WATER DISTRIBUTION Allow 1 LS 60,000.00 60,000 18,000 18,000 24,000 60,000 0 0 18,000 18,000 24,000 0 0 0' 33 30 00 SANITARY SEWERAGE Allow 1 LS 45,000.00 45,000 13,500 13,500 18,000 45,000 0 0 13,500 13,500 18,000 0 0 0 33 40 00 STORM DRAINAGE Allow Per Paved SF 60,937 SF 1.75 106,639 56,721 16,628 33,291 106,639 0 0 56,721 16,628 33,291 0 0 0' Page 8 of 9 South Bend Cubs Stadium Conceptual Estimate 9_20_22 Grab & Go/ Uppper LF Building/ CIF Improve- Splash Pad/ New Seating New Seating New Seating DESCRIPTION :: QUANTITY UNIT $ TOTAL Press/Seat Level/ Opt 1 Roof/Club Bridge ments Kids Area Product 1 Product - 2 Product 3 Alternates: Alternate #1A- Replace Dugout Box Seats-1 9" Irwin Self -Rising Armchair Seat Add the Following: 0 Demo Seats 1,742 EA 25.00 43,550 19" Irwin Self -Rising Armchair Seats 1,742 EA 230.00 400,660 General Requirements 1 LS 22,210.50 22,211 subtotal -------------------- 466,421 Contractor's Fee 4% 18,657 subtotal 485,077 Design/Estimate Contingency 20% 97,015 subtotal 582,093 Escalation to Mid -Point - 07/01/2024 12.8% 74,789 TOTAL 656,882 Alternate #1 B - Replace Dugout Box Seats -Four Topps Mesh Row Seat Add the Following: 0 Demo Seats 1,742 EA 25.00 43,550 Four Topps Mesh Row Seat 1,742 EA 385.00 670,670 General Requirements 1 LS 35,711.00 35,711 subtotal -------------------- 749,931 Contractor's Fee 4% 29,997 subtotal 779,928 Design/Estimate Contingency 20% 155,986 subtotal 935,914 Escalation to Mid -Point - 07/01/2024 12.8% 120,250 TOTAL 1,056,163 Alternate #2 - Replace Mechanical Equipment Add the Following: 0 Replace Mechanical Equipment 33,460 SF 25.00 836,500 General Requirements 1 LS 41,825.00 41,825 subtotal -------------------- 878,325 Contractor's Fee 4% 35,133 subtotal 913,458 Design/Estimate Contingency 20% 182,692 subtotal 1,096,150 Escalation to Mid -Point - 07/01/2024 12.8% 140,837 TOTAL 1,236,987 Alternate #3 - Replace Split -Face Veneer with Brick Add the Following: 0 Demo Split -Face Veneer 35,200 SF 6.00 211,200 New Brick Veneer 35,200 SF 45.00 1,584,000 General Requirements 1 LS 143,616.00 143,616 subtotal 1,938,816 Contractor's Fee 4% 77,553 subtotal 2,016,369 Design/Estimate Contingency 20% 403,274 subtotal 2,419,642 Escalation to Mid -Point - 07/01/2024 12.8% 310,884 TOTAL 2,730,527 Page 9 of 9 Phase Breakdown Survey/Geotech Concept SD DD CD Bidding CA JPR POP MEP FSE $ 24,000 $ 24,000 $ 3,000 $ 133,500 $ 136,500 $ 57,425 $ 433,000 $ 170,000 $ 28,600 $ 689,025 $ 574,250 $ 180,500 $ 280,000 $ 34,100 $ 1,068,850 $ 803,950 $ 235,500 $ 300,000 $ 24,200 $ 1,363,650 $ 114,850 $ 33,500 $ 50,000 $ 1,100 $ 199,450 $ 459,400 $ 188,500 $ 150,000 $ 9,680 $ 807,580 $ 2,036,875 $ 1,204,500 $ 950,000 $ 97,680 $ 4,289,055 JPR Corp. - Service Fee Schedule J O N E S Effective January 1, 2023 P E T R I E R A F I N S K I Standard Hourly Rate Activity Code FIRM Officer i $212 OFF ___________________________________________­1_______________________________________T___________________________ Principal Staff- - I ________________$185- PPS _---------J- ----------------L--__________________------- Management Staff - ;----------------$160- MS _________4- ________________ 4___________________________ Professional Engineer $148 PE -----------------------------------------------------------------------------------+--------------------------- Professional Architect $148 RA -------------------------------------------- ------------ ---------------------------r--------------------------- ---- Professional Landscape ArchitectI $148 I PLA - ---­1---------------------------------------f--------------------------- ---------- Professional Surveyor I $148 I PS ---------- ----------- --------------------------- L--------------------------- Professional Geologist $148 PG -------------------------------------------------------------------------------------------------------------- Certified Planning Professional $148 i PP -------------------------------------------,---------------------------------------r--------------------------- ------- Certified GIS Professional- I $148 I GISP -------A ------------ ---------------------------}--------------------------- Environmental Professional I $148 I EP J------------- --------------------------L--------------------------- Graduate Staff $112 i GS ---------------------------------------------------------------------------------- --------------------------- Utility Management Staff/Activities $85 UMS -----------------------------------------------------------------------------------+--------------------------- Engineering Dept. Support Staff $90 EDS -------------------------------------------,---------------------------------------r--------------------------- Architecture Dept. Support Staff ---- I------- $90 I ADS -----------------f--------------------------- ---Landscape Arch. Support Staff I $90 I LDS -----------J---------------------------------------L--------------------------- Clerical & Account Staff $85 CAS -------------------------------------------- --------------------------------------*--------------------------- Survey Dept. Support Staff $80 i SDS -------------------------------------------------------- --------------------------- r--------------------------- Environmental Dept. Support Staff 1 $65 i ENS -------------------------------------------_1---------------------------------------r- ---------- 2_Person Survey Crew I $148 I 2PC ______----J---------------------------------------L--------------------------- 135 -------------Field Geologist ;---------------- ---- - FG -------------J- ---------------------------------------- 1-Person Survey Crew $112 1 PC -------------------------------------------- --------------------------------------+--------------------------- Environmental Field Technician $90 EFT ------------------------------------------- -------------- -------------------------- r --------------------------- Resident Project Representative I $90 I RPR --- ---------------------------------------+--------------------------- Utility Operations Field Technician I $85 I UFT Direct expenses such as printing/copies, messenger/delivery services, shipping expenses, permit application fees, sub - consultants, or sub -contractors, etc., that are paid for by JPR Corp. on behalf of client will be passed on with a 10% markup in most cases, and is defined and stipulated within project specific agreements and/or contracts. For inquiries regarding this information, please contact us via phone at any of the numbers provided below or you may do so via email at accounting@jprlsource.com. I:\Accounting - PubliclService Fee Schedule(s)12023-01-01 JPR Service Fee Schedule - Standard Rates BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/05/2023 Name Patrick Sherman Department Public Works BPW Date 07/11 /2023 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ and Inclusion Officer Officer Name BPW Attorney ® Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ® Mickey Lovey Check the Appropriate Item Type — Re uired or All Submissions ® Professional Services Agreement ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. ❑ Other: ❑ Contract ❑ Proposal ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Award ❑ Reject Bids/Quotes ❑ C/O & PCA No. ❑ PCA ❑ Traffic Control ❑ Resolution ❑ Ease./Encroach Reauired Information Company or Vendor Name Jones Petrie Rafinski ❑ Yes[:] If Yes, Approved by Purchasing New Vendor ® No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name Four Winds Field Renovation and Expansion Project Number 123-046 Funding Source PR-00026007 Account No. 413-11-201-202-443001--PROJ00000454 Amount $849,525.00 Terms of Contract AIA Contract Purpose/Description _Engineering services to produce plans for the renovation and expansion of Four Winds Field. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: