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HomeMy WebLinkAbout2000-01719 9 7 ED IT I ON AIA DOCUMENT I 8141-1997 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services This document has important legal consequences. Consultation will) an attorney is encouraged will) respect to its completion or modification. AGREEMENT inideasofthe in the year (In words, indicate (lay, month and year) BETWEEN the Architect's client identified as the Owner: (Name and address.) Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 and the Architect: (Name and addrese) Edlund & Dritenbas Architects, P.A. 65 Royal Palm Blvd. Suite "D" Vero Beach, Florida 32960 day of For the following Project; Comm. # 110699VB An addition to the North County Library in Sebastian, Florida. TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION 1110, ®1997 AIAO A 1 A DO -U nisi". 6141.1991 STANDARD FORM Arm Ft. rTr_;Tr1T Elie Owlier aur' Architect agree as foiiows. The American Institute of Architects 1735 New York Avenue, N.W. 1970, 1974, 1971, 1901, ©1997 by The American Washington, D.C. 200065292 Co Pl'8 ri ht 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963. 1966; 1967; In„Il:ut^, of Architects R; prc.h:. !on..r ,ho. wal fu'! hwx'Il or w.... li q: J _s,.m <;f W. ,x�::,:--�„ .'i . ,di -101v- 9=1 petauSsion of file AIA violates the copyrigtu laws of the Un0cl States and will subject the violator to legal prosecu. tion. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal psosecutlon. 40 C 40 II ARTICLE 1.1 INITIAL INFORMATION n4he4llow'nd4dori"alien a! assurHplions.- �k��(y�,siFw+r fea:-f1re� fN{Jwvir yl-i+ex+s-1 y+-'Corµ'++k-N+e-+`eriaested-infire++sarierH+ca�s+alw+++«uusµl+-wc_++a+ Lily ie, bio-+s+rkrrrrt+vrrrl fi++ee+s�e*tcsrfiessr+sr ftr brs'sloe+NtherHr+tm�+y�ntrfrrrtFrtgrecnrcrrF=i 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if +gspropriate, proposed use or goals.) Expand the existing facility incorporating a larger meeting room, additional study rooms, computer lab expansion, and additional audio-visual, adult and children's areas. Also included will be parking, drainage improvements andla cover verdover the 1.1.2.2 The physical parameters are; (hlenQfy or dem ibe, if tylpropriate, size, location, dimensions, or other pertinent injsrumtion. such as geotechnical reports about the site.) The existing facility contains 17,470 sq. ft. The addition will be approximately 8,000 sq. ft. 1.1.2.3 "['lie owner's Program is: (Identify doc o teniation or ;title the loamer in which the progrsan will be developed.) The Architect shall structure a program through meetings with the Public Library Advisory Board and county staff as needed. 1.1.2.4 The legal parameters are: (Idenlify pertiucta legal informntims, hichuling, if appropriate, land surveys and legal descriptio+ll and restrictions of the site.) The Owner shall supply as built surveys of the existing site and a legal description for same. 1.1.2.5 9'he financial parameters are as follows. .i Amount of life owner's overall budget for the Project, including the Architect's compensation, is: Not stipulated in the request for Qualifications. .z Amount of the owner's budget for the cost of the work, excluding the Architect's Compensation, is: $789,921.00 1.1.2.6 The lime Parameters ate. (hirntify, if appropriate, milestone dates, th+ratiaus or fiat track scheduling.) No time parameters have been established as yet. The architect will establish a written timetable following completion of the programming phase. 1.1.2.7 'i'11e proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiates) contract, or construction nunu+grrrrent.) Competitive bid using general contractors licenced, insured and bond e6.v in the State of Florida. 00 parameters are: (Identify sperial characteristics of needs of the Project such as energy, envirtnnneuhd or historic prescnvrtio+l o.other "d 199 1 AIA rcquireulcats.) 0'9' The existing site stormwater management system must be re -engineered AIA DOCUMENT x141-1997 to accominudate additional parking. The site is also very saturated STANDARn AGREEMENT adjacent to the existing structures, termites have been discovered the book drop area is too small. the Ame+icao Insllhae and al Archilecls 1735 New Ymk Avenue. IT W. Washinglon, D.C, l(XX)G-5297 legal WARNING: tllicensed fiholoco PYIng vlolalas 11.5. coprrlght laws and will nd,loci the violalor 10 prosecu on. C CJ - 1:1.3 -- PROIEE�i£�►n4 1.1.3.1 The Owner's Designated Representalive is: (Clef name and address.) Mr. Thomas W. Frame, General Services Director 1840 25th Street, Vero Beach, Florida 32960 ► 1.1.3.7 �4hu-parr:EHts-dr-a�nrities,-iH-addilioH-lN-lhu-Qtiuuec�t_1JuiNu�:serrlaliarcr.wtliu_arr._ -recltriwd-14) rvuiw+Nlte Ars1>ilcwl s sHlarrritlals to 11-te-0+w;ea arae - (List name and address. The Sebastian Library Director, Lynn Walsh, and her key staff. Lynn Williams, Superintendent of Buildings and Grounds with I.R.C. w 1.1.9.3 ate-H�He ' • Hlracters.aw:-. (1351 discipline rail, if known, identify thein by nutne and (1411Iss.) 1.1.3.4 The Archilecl's Designated Representative is: --f1isifya e—fohielid I1.1st name and address.) Paul U. Dritenbas, Architect, A.I.A. and John F. Binkley, Architect, A.I.A. 1.1.3.5 The consultants retained at the Archilecl's expense are: (List discipline end, if known, identify there byname and address.) Jenkins b Charland - Structural Engineers, Ft. Pierce, Florida O.C.I. - Mechanical, Electrical and Plumbing Engineers, Orlando, Florida —1.1.4 0.,101F,.,,I�Hnn1-iHilial-i n ferHtalieH-is:-. t 1.1.5 -"wR-1110-sewiws-a�Hdec-Ehis-AgresrHUHI-iHc;ludo-r:wHtrasl-aulH)iHislsaliun-ser-visas,-lhe- -Genertul G0HJill0ffi"(4lte 601 tMel-ferEnsnstrHe4io shall iI the-editio"f-14IA4)cwH41leHl Aewl- o 0 �fHriel "*-Hf-}ii"atE Jf4hl&-Agrmiien1, ar as-followm- 66 01991 AIAH A1, DOCUMENT 91¢1-1997 1s:c--,lit�iitrSriiialtti; t)ti'ta{He(llrltlil&4r'OGla-"tay-INLWasonahl"lie(i4tpNH-l>)�4h8-!-)" = 5JANDARDFORM and A-/iliilec44ii-doles+Hining4he-AvAiteet!&-G!)H)peH&aIO4)'I R( tjt6-Ill;dt. AGREEMENT -'., �: tk ri;at a;, tt;ay t lt<trigruHc{r lErtltar.- eyLiii, the GwHep and 0te-Afehite6t--shall Hegwtil(te The American Institute aNpcQp:iale�ldjust(NeH4s-iii-&GlledOle, 6()tupeHSaUnuaHd-:liaHga-�H-�uruiGes-iH-asfenlan6e-wi4ll. at Architects �. 1735 New York Avenue, N.W. nt Washington, D.C.(uxs . 76 5292 Sea lachment-W. ' WARNING: Itnllcensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. CA • • 40 I ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES A -1,41 14-F— to fHlf a,,,t:,j"''' : 2eive _obligation .....ter ihis A.....,... antu..rl. ...� ,loaf, sha:;_endeavur-k+-+Hai+atoin KHHd-wHrkir+g. relationships among all moinhors ofilic r 1.2.2 OWNER # 1.2.2.1 ..1.....1eFI it is A,.......... PAINX11:..r,..,,�..,�.l..e...,,.....s:..., Baa AfFilitill 10 11he Fehii RIn ..:.... .....:.... ..r,.. ek!4460 1:.....:..1,1.. • 1.1.2.2 "'Ile Owiier .,,..' ,W 1....1.,.,1 c.. 1110 l'F0 1, i+wla+di++g that P( FliHn- ,••••�...,e-1.,er l•` -awera" bud getT4lle-I Of4OtV-441e-bU(4get4lHeO4etI )r -the Q1 11TtillgeHeieb the `t1Yer@li-iindget-or-{ 1 oriioil of the hudgel, without the a'gr22+: ""I,cmof flie-Ar-iHteG(• 1.2.2.3 ' Or! Ohl 1110 al{ -will. FeSPL-61 the n40:.-91 •P6., r4........ OF the ...PRPP_ li I d -iiltps�eseaatativQ s eclai+ting tf-doc•+++ll wits skihniitled by ...1.WA-1 or OF 10 Void -H+aFP.a6HBal le -delay -in the HFderiy- and er"sequential prti..ess of iihs 1.2.2.4 The Owner shall furnish the services of consuhanls other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, 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. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may he reasonably necessary at any time for the Project to meet the Owners needs and interests. • 1.2.2.7 "' tise-t++-the Awhile+.. if rile (�u H+Ht� *4 oily finih of: efeet i++ the 1!rejeet, iHtludi+lg-any el+urn, +++nir iHHs a1Fi+wHnxir tau+cius 1.2.3 ARCHITECT 1.2.3.1 '14,te ', t-.-,peF;a+Ftated lay the Afdtiteei,consultants t t.2 3 3 ta;F.-.�+a. 1.:...• 3m,...:c.-v-..�T.•- kek--titi@ll-ba -fteF1HF++ied-aF--eNb;edttlH+ Sly- 7F-IF-GOF16ime"I Y-6111 Illi -pFHfessiHFla{ skill andEeFeand Nle a+FdeFty llFHgress-o f the "r feet 'I's L 4rehile"talf sutlnik fi)r ii ie ew nTeI`q pprHyal a seliedulE ot-4he-peff"ir nianee•of the Arehiteei's _._..iees which c, o -fiilRll-he-EE/HStSIYRt-ilsFlil-tllp 10-iae-peFIHd4etilAlll+t;i uilpeFagFap • • e a •'1 .. I,: -1.Owl, 1... oOL�o -a4jo; lti l llif FeliedHle fhRil int-IH/le-11MYET11601% f4iF-11tlFIHdti -of-t-ince-FeE1.. H+i IkHits,,,tmd-itw ® 19 9 1 A I A e1Ftival-Hf-sullut11t1F}tie.-ltav' . , 11ri:stlaetiH+l---raver--{Ile-.;.,.'.ATA DOCUMENT 0141-197 - STANDARD FORM ti'statiilisiied-ily-Nt+•i-9elaE'Eliale-appFHved--Hy-t lie-(-iwHer-sho,11 -11t1ts-eYeelA-fHF-FeatiHHahle cause, lie AGREEMENT The American Institute of Architects 1 1735 New York Avenue, N.W. * Soo Attachment 'A'. Washington, D.C. 20006-5797 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to fagot prosecution. 4 1. 2.3.3 The Architect's Designated Representative identified in paragraph 1.1.3 shall be authorizer) to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information world violate the law, create the risk of significant harm to the public or prevent the Architect front establishing a claim or defense in an adjudicatory proceeding.'I'he Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 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. 1.2.3.6 'ihe Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by govertmten(al authorities having jurisdiction over the project. ► 1.2.3.7 '' t{ed to rely on the .cetirae), Reid ,.. HN3'1.., "I provide P;onipt A -411-n no'64-v lo the. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost oft he Work shall be the total cost or, tothe extent the project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 'l'he Cost oft lie Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the (honer. 1,3,2 iNSIFRUMENIFSOF�ERYA _ DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTR it a 1.3.2.1 14iwiug , sf+ee{iu rlu>u► aid-cstitur doeuwwiju' n;ludiug--thoke ie-elettrrtHic foF+or II pr„I, -14-the Acch*Wd :ind he An-hil ,-'- — re • ; s itc t s�iisi{lai�s 611-11,he-1s±eFtter{ th- 'da• •oo authors sad owners of their wSpeetiu-tl listri+treat+ c aranda {t r{i Fe4ai+s a!{trtitta>Nr} l:ttw �—� ' teluciing-EiJ>yr+(;hts 01997 AIA® AIA DOCUMENT 6141-1997 1 1 !Ito' er" Miran. �LL1is �rssre!i - STANDARD FORM•=-t-`--a-rs{ail4.?lrails=?tt,{ice-:)wnc:+--a-i:>uaxths�iva AGREEMENT !{ lc� cepwdIwo line-ArehttwAlistruusuits-of Scru{cu a lsly-for pur{umus-of scutslruetiig, „ld_i;aitttainiaa� t{a-rLroje_t�;7rovidts�tbll-lh�i2w:s+�:-s{:::l�two:{r{y-vi!{;-,;{{-e{.{igtttiertt:s The American Institute j{yt Ju "41 aJl suits whc T �.tuerundeF {{,i; of Architects 1735 New York Avenue, N.W. I Washington, D.C. 20006.5292 • See Attachment 'A'. WARNING: Unlicensed photocopying violates U.S. copyrlghi taws and will subject the violator to legal prosecullon. -:. 4b 11111111 431a0.1 F"11011F - 1� ,......1,....,S .-....Si9tew : kh this 7 ittaliert,4fle Owner- shall roka„r,: a,.lit PAakin further r-@ .Fodw,.,:,..... of hisirtontenis of Sem,iee td -shall ......FR 10 x„0,,'1.,, , A..-hited willTiFI-saver1 lays -01F40 tn'snalien-all Ts it1,.,1 If a.,..d ..Pon.-tyle-date-the -Arclules djudWAt-in-defauk-of shall 1.e dee n d 'eriWnaleciauct refs! psis- I icen&a-po;4aiWnW the Owner le auihoFiae fitssiwna&44-r@preduc-e and, Wh ....J.,. ,.h.......,. ....._e,.I:.. lfi OF ddidons-k> the I+tslvu+nenis of -service solely faf Purposes of mac}, 1.3.1.3 Execlit Air tile keetisess granted in Subftartlgreph-i _ _ no ,.then lieense , ight shall ho- deenie ied under this Agreement The Qw, hall not assigii, delegaw, sublieetise, pledge Fli- oilienvise iFewisfer any lieen6e granted heRiR FI@Ih@F Darty Wi '](I-" IIN _1._11 hep ...1 , RulhorAgo she 9111) 51:1660111400OFS Hild 1116teFiRl or equipment sup il#era tip Tw6e applic hie ppor-tlens of Ihe44lslFun►enls-0"eF%'ieeappl'O arta Died in Subparagraph iniiftinienis of Seryiee to iiieet regulateFy-fequifements or. for sitnile -fequifem •cotttTeclieli-witlt-tlte I4e4s publiealli i .., derogaiiatt of .',l;PsPFM It rights of Ute Architect aad UTe AFrhilKI'S 9011941hanll; The GAY11PIP shall BRI Use !he 1FISIFUillenis talS4-suicc for fu ' e OWN 'F 4;bWing lit@ pisir wFiReR agreement of the A "Pe, al J 'lie Arehiteet's coi sukaws. Ali) la"nAPAAiTe+9"11Q%0wise-shalt-bN all -tile -E3wneF'S 9010 risk and wilhout is to the Amhiteo and cons -1411419. 13 M P;nor to II. AFehile providilig iia 11, .,_-ru f C•+cr-••-.-�',.Err.• re :,efeElFORic .. f....Il.e n..,,,�FAVldin T�i��" Owner a.,Awhiiert any c-nTAG-d aia lb; ilirorporaiion Onto Ill ►Mifikteling-any -6P reiai-iitnniations-or-heet19es 130t-8IheFWiSe-provided in Ihis A.........,..... 1.3.3 CHANGE IN SERVICES a 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may he accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the %rchilecl shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change clue to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjusunent in compensation pursuant I(-, Paragraph 1.5.2, and to any Reimbursable iixpenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5. t 1.3.3.2 If 2-1y ofu-fp110wiAT1} circunTatatues offact tbs P.rclTUe:los seruiwr l0r-tho I'r0jv6A ,1 A;G11411 •'t a•'tall l e-entkled-te an-approln4ale acljustntf sit-in-Ill- of ll-of9eFvi9eF nFiE ,,cr _ot- or rev-Wtan-+Tf-cr lib 4iwA str reg;ctaiicut9 :t€ <AtiAA i tl "Av pwtalions whi-h -necessilatefllaltges to previ0ttsly prepared I+TstFtnn0nt9 0fervi9Nl I • See Attachment WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. III) 0 0 o, .o O 01997 AIA® AIA DOCUMENT D744149997 STANDARD FORM AGREEMENT The American Institute of Archilcos 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I 1 40 4® G U -deekit;mg,if 'he owle"ol rendered in a timely manner - ., ...,r ,.hn,,..., :., n,v I1;oj@G! - ; contaarlomi- 01I trrc>EeediHN OF tarty tharato; change in the itifoFi*miowf*�ej iii ArIecle t:+ 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arhitfet+eH-er the institution of legal or equitable proceedings by either party. 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 medialion.eF 4y—W4,e4-kPr 1.3.4.2 " cluci,lion btil-wen fliew by nwdiaiion AN-hiGh, unless 4110 PRF!4vs viluivally agree wihei;;Vise riliall he- laitsaliew -Will 'he filing Qi a &"I -Ad fop 2FWFalien but. iR rush event, mediation q1tall, procead in adi­;;Ge of arbitration or. legal or equitable PF0660diII86 WhiGh Shall he SIR5'@d PORE14% Mediation for - pe;;od of 64; dIaYs kona ilia dato of filing, unless stayed for a longe; pai:iod b)L 9gKORIOR! 1.3.4.3 The parties shall share file mediator's fee and any filing fees equally. The mediation shall he held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall he enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRANIBN 1.3.5.1 Any elaim, dispute or titer matter in question a6sisig out ofor relaied In this AffeeI119A shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve it s by mediation in accordance with Paragraph 1.3.4. 1.3.5.2 c omnis, disputes and other matters in question between the parties tl are not resolved by mediation shall be decided by arbitration which, unless the parties mut y agree otherwise, shall be in accordance with the Construction Industry Arbitration Itu of the American Arbitration Association currently in effect.'I'he demand for arbitration s be filed in writing with the other party to this Agreement and with the Ansrrican Arbiir, ' It AS%UCialMu. 1.3.5.3 A demand for arbitration shall be ma within a reasonable time after the claim, dispute 86' or other matter in question has arisen. I o event shall the demand for arbitration he made after Y�Aoo the date when institution of legal o quitable proceedings based on such claim, dispule or other o matter in question would be b eet by the applicable statute of limitations. 01997 AIA® AIA DOCUMENT 9141-19971.3.5.4 No arbitratio " rising out of or relating to this Agreement shall include, by consolidation STANDARD FORM AGREEMENT or joinder or in y other manner, an additional person or entity not a party to this A"reet i—Ili, except by ilten consent containing a specific reference to this Agreement and signed by the The American Institute Own , Architect, and any other person or entity sought to lie joined. (:unseat to arbitration of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5291 ® * See Attachment 'A'. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 4D 40 • 40 tIisliHle-eir-HEI,rF-n►Rkfer-t,+-ryHesk+t+t,-Het-dese+i' 'hi the wrillett„e,.,•;n or 0211 :r, of , . t .1, .:1..d the '1'ha foritgohigli+4+11-lFla#b1�K8ti�aAk{Htiiei a�;f2eH:8131G (31401- VLF EkHi-or entity ,1 i ---sent_d s b rs:__ Il this Agreemetil titlil�A#ifl W�*`7ilhii' pflk-able-INW-i1i•tillyC011fi-i#RY1H jrlfl:VkilEilefi iilereelf. trTr er arliitraklFs sllal4 l fiHalraHd iHd^� ..�, �,,ay be HFisrlieti4,., there P. 1.3.6 GLAIMS FOR CONSEQUENTIAL DAMAGES _irss}ueclu'u.asici+�-cwl-c�uFr�latiug=e-CNis-AgriwNllarT4.�I,is�rlll+laa H(RlFai-damagef-fl•� s�--imcilIle%IlAFi)`"fri2FH11HalIdH-i H-accoidance will] 1.3.7MISCELLANEOUS PROVISIONS 1.3.7.1 asa of husiFasss-wf ldlu +Arcllilact,'megg ise PoWded in VaFagwph io,*, 4 1.3.7.2 'r, -,.,g in ,6:. Age -e,.,,,,.,, sholl !love the . ,.,,e-nwasting m those Imi t:;eed°Fien-of At 1, .............r A aol ;eHerat-C'mititietvt,- lite-Comtfael Itir L;kSnMR1611011, CUFFellt-as-et-the- Jaw --if 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final (:ertificate for payment for acts or failures to act occurring after Substantial Completion. statutes of f Il,11"Alffiens .-..,...,,enee .4!-iHR--any--lacer—i he;i the A_ehii cVs ...... r 1.3.7.4 ' ont d his , r e et ^ ^i:!eyeos o�tti^e abdll^^ forcJaHlages,-extas —prs�seeds caf such-ipsua~uwr;lss�al forlk iu the editva A--^*ehiim, as apPmt' halo reElEHrc�lf the c�)Htsastf+rsretulsHlta iAs,'ageHI*a tj enipleyees of - any of them s:••�.,,.ilai; NY iwn; in favothe Other- paFties e; 1.111eFated hewin 1.3.7.5 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 Archilecl. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants 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 lorm at the project site. * 1.3.7.7 The e-phetegFaphi" OFaFlistis ePPJ&elltatieNs Of design offlie Pro eet-among -Aite~ACCittteei's promotional 'flHfl-prolessit she” he giYe" Fea le�th"serllpleled lrr4llett te-+-1 'Fe evI4iHHsrt-hw—t , !he Arrhiiea's ' is s{rell rTHt ilrelrl2-Edr2)Wtl `'- `" rtfidet ;al ar prHPrietnr irrfH:;;,,,,i:;n :* Ill - Ownas preyimsst -advis 4l1'irlaNHH-F;FrN6ideF8Fi by ill@ owner to hil configionli a,fy.-up 0morler r'li rll-pmVikI 'lip Arehll.,.s : , rs : , ilia I,)v'HeF b-IlF41F" H(4ri 1 • goo Attachmonr •A'. ,. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. IIIA O, O oaOYl.'A'O� ®1991 AIA® AIA DOCUMENT 6141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Weshington, R.C. ':H;t`o-Si57 4D C- 1.3.7.8 Ift lie Owner requests the Architect to execute certificates, the proposed language of such certificates shall he suhmitled to the Architect for review it[ [east 14 (lays prior to the requesled dates of execution. 'file Architect shall not be required to execute certificates that world require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 'file Owner and Architect, respectively, hind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that file Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION * 1.3.8.1 •nis 1-4 'lie A F-hiteci-iia actorcianca-wit visAgrecw e,4, such failure shall be considered substantial nonperformance and cause for ternri or, at the Architect's option, cause for suspension of performance of services a us Agreement. If the Architect elects to suspend services, prior to suspension o ces, the Architect shall give seven days' written notice to the Owner. hr the event spension of services, the Architect shall have no liability to the Owner fur dela mage caused the Owner because of such suspension of services. Before resunnit ices, the Architect shall be paid all sums due prior to suspension and any expens urred in the inlerntption and resumption. of the Architect's services. The * 1.3.8.2 ' nserutk4, l yst the-Architecl- - I + 1.3.8.3 ' _ Viler►-�FiEe. 1.3.8.4 'I'his Agreement may be lernninated by either paly upon not less than seven days' written notice should the other party fail substantially to perforin in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 'I'his Agreement may be terminated by the Owner upon not less than seven days written notice to the Archit I ('rit. Ih,• Owner's conveniencc and % ithout cause. Illi 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be connpensated for services performed prior to termination, together will) Reinrhursahh. Expenses 0 o then due and all 'I' rnrinalion Expenses as defined in Subparagraph 1.3.8.7. �d -z0. i 17-1 1.3.8.7 'lamination Expenses are in addition to compensation for the services of the Agreement O 1 9 9 r A I A O and include expenses directly attributable to termination for which the Architect is not otherwise AIA DOCUMENT 81414997 compensated, 4it-rrur44tekaltue-c+t-l#ewetvit�-:1-trr:l, STANDARD FORM AGREEMENT '1 lied by Ili - Ai'-kiw&6 The American Institute + Bee Attachment"Arf of Archilects 1735 New York Avenue, N.W. wadwinRlon, D C. 20006-1297 !i IWARNING: Unlicensed photocopying violates U.S. copyright laws and will suhlect the violator to legal prosecution. 40 1.3.9 PAYMENTS TO THE ARCHITECT • 1.3.9.1 —bel sums wi(11held fi:om paymenis o conlractem, . Of fl ' _,6...than 11..1..,. for ...t.:: 1. hp n.: 6:,,.. , liar, t ,. ., adjudged ,,. he I:..1,1„ • 1.3.9.2 -itlkncle expenses rn µesu ernPlnyees and CONSUla nits diFOCllmWed to !'is y ,. subsistence, and electronic communications; s fees pail for securing approval of authorities having jurisdiction over inject; 3 reproductions, plots, standard form documents, postage, ha g and delivery of Instruments of Service; .4 expense of overtime work requiring higher than ar rates if authorized in advance by the Owner; .s renderings, models and mock-ups tested by file Owner; .6 expense of professional li ' ' y insurance dedicated exclusively to this Project or the expen�.ddilsurance coverage or limits requested by the Owner in excess of that ny the Architect and the Architect's consultants;.7 reinas designated in Paragraph 1.5•S 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 4 1.3.9.4 1)4rsGl daft ed As ,1. di 1 of.1. Arehir, ..1 e+np eave, holidays, vacalions, empl anti ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. 'I'his 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. 'I'his Agreement may be amended only by written instrument signed by both Owner and Architect. `I'his Agreement comprises the documents lisiccl t, •low. 1.4.1.1 Standard Donn of Agreement Between Owner and Architect, AIA Document Btgt-t997) as modified. 1.4.1.2 Standard Porn1 of Architect's Services: Design and Contract Administration, AIA Document B10-1997, Of as k+Newsf as modified. -(-1:r;FestherNr t�F s rrirvw l- 1.4.1.3 Other documents as follows; (List other documents, if any, limning part of the Agreement.) None a See Attachment 'A'. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. fi;it 01991 AIA® AIA DOCUMEN'E 6141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1 1735 New Yor4 avenue. I ' Washington, D.C. 20006-5292 El 40 1.4.2 Special 'Perms and Conditions. Special terms and conditions Ilial nuttily this Agreement ate as follows: None other than those included in Attachements "A" & "B". ARTICLE 1.5 COMPENSATION is increased, the Owner and Architect will re -negotiate compensation using the 1.5.1 For the Aichilecl's services as described under Article i.,l, or elsewhere herein, compensation shall be computed as follows: or by applying the following hourly rate scale: Compensation shall be a stipulated suns of $79,079.00 as determined by applying (9.1) nine point one percent to the stipulated construction budget of $869,000.00. Payments will be made to the Architect for his Basic Services as follows at the completion of each phase: Level One CAD Technicans $ 65.00 Programming Phase 05% $ 3,954.00 Schematic Design Documents 15% $ 11,862.00 Design Development Documents 15% $ 11,862.00 Working Drawings in 2 parts 40% $ 31,632.00 Bidding & Negotiations Phase 05% $ 3,954.00 Construction Administration Phase 20% $_ 15,815.00 100% $ 79,079.00 1.5.2 If the services of the Architect are changed as de'SCllbCd ill Subparai;raph 1.3.3.1, the Architect's colopeosation shall be adjusted. Such adjustment shall be calculated as described below or, if oo method of adjusttnctl is indicated in this Paragraph 1.5.2, in an equitable Illan nei. (InsclI basis of cnngrrnsation, including Imes and InNlliples of 1hiec1 Personnel Expense for Principals and employers, and ideolify Principals and classify cillployees, if required. Ideldifp specific srrvi(es to which parlic- o6n ulelhu is of nunpensatiun appl)t) Should the scope of work change and the construction budget is increased, the Owner and Architect will re -negotiate compensation using the D.M.S. services chart, or by applying the following hourly rate scale: Paul U. Dritenbas & John F. Binkley, Architects $ 110.00 per hour Chris Crawford Intern Architect $ 75.00 per hour Level One CAD Technicans $ 65.00 per hour Clerical & Administrative $ 38.00 per hour 1.5.3 For it Change in Scvices of the Architect's consultants, compensation shall he computed as a multiple of one point One ( 1.10 ) limes the amounts properly billed to the Archilecl for such services. 1.5.4 Pur Ilcinl6utaoble Expenses as descibed ill Sttbn:n'a:lraph 1.;.qs, and onv 'direr item included i., i ;u::gr:;pat :.5.5 as Rcitobursabie Expenses, the compensation shall be computed as a n11111ipte of one point one ( I.10 ) limes the expenses incurred by the Archilecl, and the Arcltilecl's eutployees and consullaots. 1.5.5 Olhc Reimbursable Expenses, if any, are as follows: Reimbursable Expenses outside the scope of normal Architectural services wil include Civil Engineering and G"co--Tec-I'MiUdl bur -Ings. - The consultants for these services shall be selected by the architect and apprC.ed by thu County. The consultants fees for services shall be added to the Architects' fee, plus 10%, and invoiced to the Owner. * See Attachment W. WARNING: Unlicensed ohotornnyino v!el.! U.5. rp;rtght I--- -n l Will sabpect lila violator to legal prosecution. 4) 1997 AIA® min iUCUMiNi 041-1997 STANDARD FORM AGREEMENT the American Institute of Architects • Washington, D.CC 20006-5292 40 46 40 1.5.6 The rales and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. * 1.5.7 Rshall - o mado upml o. ,heti,. of ibis Agreement .....1 :., ,1 ......:..:......... c111...eglieHl .1.1..111..11r1i r,.r 90P.Airtiq ..hall be ..1,1.1.. 1....11,1.1.. and ..11..Fe .1ppimeabl.. ball he +. 1.5.8 -Payments areae and payable E days rr,.1„ ,Ito dale of Ilia ArebikeEFe+lweise. A.migumis impala E ) days .after k:.P (3 PFOVO Wi m. r' mie of it lemf agreedatNxl+r) - (Usury laws and requirements under file Federal7hnh in Lending Act, similar slate and local consumer credif laws and other regulations at the Owners and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be oblained with respect to deletions or rnodifrcations, and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within Twenty ( 20 ) months of the dale hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and 1 . , . year firs ritteabove. �airma O W N E R (Signa(ure) A R C H I T E C T (Signauwe) % 7XXGG_ Fran B. Adams BCC Approved 01-18',2000 Fran B. Adams C h a i rmanGlL (Printed name and title) (Printed nacre and title) —TT arm CAUTION: You should sign all original AIA docurtrerrt or a licensed reproduction. Originals contain fire AIA logo ``; primed in red; licensed reproductions othose ose prorhuced in accordance with the instructions to Ibis dsa umeut. .,Q 1 411, OSA \� a Sec Attachment `A`. Indian tlicvr Co. Applrwcd Dale cin Aunisirltut Vir, fill Legal - GD Bud get 1 Q - Risk Mawr ei Gcncral Scrvs. _ tycpu�tlnc:nl I i I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator in legal prosecution. 01991 AIA® AIA DOCUMENT 6141-1997 STANDARD FORM AGREEMENT The Aomican htsiitute of Architects 1 1735 New York Avenue, N.W. Washington, D.C. 200063292 D 40 40 ATTACHMENT "A" AIA DOCUMENI 6141-1997 REVISIONS to STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT with STANDARD FORM OF ARCHITECT'S SERVICES. 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, if any, who are required by the Owner to review the Architect's submittals to the Owner are: 1.1.3.3 The Owner's other consultants and contractors, if any, are: 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the 1997 edition of AIA Document A201 as modified, a copy of which modified AIA Document A201 is attached hereto as "Exhibit A". 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall consult with Architect and provide such timely information as may be reasonably necessary for the Architect to perform Architect's services. 1.2.2.2 The Owner shall establish and periodically update the budget for the Project, including that portion allocated for the Cost of the Work. 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall represent the Owner with respect to the Project. The Owner or the Owner's Designated Representative shall rendar decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.7 While the Owner has no affirmative duty to become aware of same, the Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's drawings, specifications or other documents. 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated herein and in those documents enumerated In Article 1.4. The Architect shall be responsible for the Architect's negligent acts and omissions. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval; a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph i.1.2.i and which may be adjusted, if necessary, and through no sole fault of the Architect, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of lila Owner's consultants, if any, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.2.3.7 The Architect 51 all be onlitied to rely on the accuracy and completeness of services and information furnished by the Owner. While the Architect has no affirmative duty to become nwarn of _ami Ar, hitt c' ShallF i V. W-1;pt v.rlU.- o;a t0 tha vw:ler ii the Architect becomes aware of any errors, omissions or inconsistencies Ir: such services or information. 4111111111110 40 E-- 40 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are for use solely with respect to this Project. Any other use shall be at the Owner's sole risk and without liability to the Architect or the Architect's consultants. Unless Owner fails hereunder to pay Architect therefor, Owner shall be deemed the owner of such drawings, specifications and other documents and shall have and retain all rights therein. In the event Owner is adjudged to have failed hereunder to pay Architect for such drawings, specifications or other documents, ownership thereof, and all rights therein, shall revert to the Architect. 1.3.3.1 Change in services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to changing such services. if the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to change those services. Except for a change due to the fault of the Architect, such Change in Services of the Architect shall entitle the Architect or the Owner, as applicable, to an adjustment In compensation pursuant to Paragraph 1.5.2, and the Architect to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect or the Owner shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: 1 change in the instructions or approvals given by the Owner that necessitates revisions in drawings, specifications or other documents; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared drawings, specifications or other documents; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants, if any, or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect Is party thereto or is alleged to have committed a wrongful act or omission which is a subject of such hearing or proceeding; .7 change in the information contained in Article 1.1. 1.3.4.2 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 in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a civil action but, in such event, mediation shall proceed In advance of legal or equitable proceedings, which may 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. 40 40 40 1.3.7.1 This Agreement shall be governed by the law of the state where the Project is located. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the 1997 edition of AIA Document A201, General Conditions of the Contract for Construction as modified (See Exhibit A hereto). 1.3.7.4 To the extent damages are covered by the property insurance during construction, the Owner and the 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 Exhibit A. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. 1.3.7.7 Subject to the Owner's prior review and written approval thereof, the Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not Include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner may, in its sole discretion, provide professional credit for the Architect in the Owner's promotional materials for ,f oject. 1.3.8.1 If the Owner falls to r- -ike payments tc the Architect in accordance with this Agreement, and considering the Architect having performed the Architect's obligations hereunder, the failure of payments shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension or performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven day's written notice to the Owner. In the event of a proper 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 Architect shall be paid all sums due prior to suspension and any direct expenses reasonably 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. 1.3.8.2 If the Project Is suspended by the Owner for more than 30 consecutive days, through no fault of the Architect, the Architect shall be compensated for direct expenses reasonably 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. 1.3.8.3 If, through no fault of the Architect, the Project is suspended or the Architect's services are suspended for more than 30 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly within 15 days after presentation of the Architect's properly submitted statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is responsible. 40 J 40 1.3.9.2 Reimbursable Expenses shall mean reasonable expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of drawings, specifications and other documents; .4 expense of overtime work requiring higher than regular rates if authorized in writing in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits required by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 any other expense directly related to the Project and reasonably incurred after first receiving the written approval of the Owner. .9 fees for services outside the scope of normal Architectural services per 1.5.5. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations and employee retirement plans. 1.5.7 Payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Amounts due and unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the p!ace of the Project. (Insert rate of interest agreed upon.) One (1) percent per month. C:B141•ATTACHMENT A.doc ***END OF REVISIONS— 40 E: ft 19 9 7 ED IT I ON AIA DOCUMENT 8141-1997 Standard Form of Architect's Services: Design and Contract Administration This document has impor- tant legal consequences. TABLE OF ARTICLES Consultation with an 2.1 PROJECT ADMINISTRATION SERVICES attorney is encouragedwith respect to its completion or modification. 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS o ice.•. ttt® 01997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES the American Institute t of Architects Copyright 1917, 1926, 1940, 1951, 1903 1950, 1961 1963, 1966, 19G7, 1910, 1974, 1917, 1987, 01997 by The American 1135 New York Avenue, N.W. it len Washington, U.C. 20006-5292 InsIIIUIe of Afchite(Is. ReproducllOn of the material herein or wbslanlial quotation of its provisions witlwul wr permission of the AIA violates the copyright laws of the united States and will subject the violalor to legal prosecu- tion. WARNING: Ittdk¢o:ed phaiacupying vlolaies lis. copyd}!ht laws and will subject the vlolalor In legal proseaolnn. C 40 40 40 ARTICLE. 2.1 PROJECT ADMINISTRATION -A..�.tnSER^VItCIS 2.1.1 T AI shall --Rt�NI+eahle tt �Irit�•�stallE81su-tt,-.I,l'-0..r..eFr-researEh �'r+ Gate-with-nae+Ahers Hf the I'r4rjeci-tcatlt and-irlue flrH"ria #e•HiFigstee+�hal�rd+nate-i�Te-ser�'ices-Nrrwi�ArElt't A t '� ..t�"..• * 2.1.2 �Uh R , ' esteneand 1-0 dotes-feF ckisiy i t of the 6r•e r�..s. eneeniplit -if r+elio 1 end he- a4OF'k. * 2.1.3Illal e.- y� u>t►sidecatiens-based-�n-}ru �leeelepin •�-�.�-�^i�n-f.�'he-I�eleH: 2.1.4 Upon request of the Owner, ►he Architect shall make a presentation to explain the design of the project to representatives of the Owner. * 2.1.5 _The Arch' • is tc> thetreat+n desig-1 pForaNS der 111611FP 7ses-ef••ev 11')rr and e jhe" be 2.1.6 The Architect shall assist the Owner in connection will) the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the project. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 When the project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This eslinnate may be based on current area, volume or similar conceptual estinnating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work.'I'he Architect shall advise the Owner of any adjustments to previous estimates of the COsi of the Work indicated by changes in project requirements or general market conditions. If at any time the Architect's estimate of the Cost Of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the projects size, quality or budget. rttprtaie %viIh the. •#Ghitc*Ekau-makingsuGhacl just menus. r � * 2.1.7.2 'T Fer()liii•• 0 1,44-14*0rr 444ater-Fa16OF.'.8Ht#} . hid4iel--nF-n@gk/ii8lF1 ,�1Fln �,iHF}f-lMe-L�M4ieF�i' resent '14at-l-iicia;-tsF negGtiated ' ia+1 01997 AIA® -sor 4,41.11 of the (-'osl III M41FI; oF-0Yffk#ati041- AIA DOCUMENT 8141.1997 agreed Ill by Illp A;chilec' STANDARD FORM SERVICES • Bee Attachiaenl 'B'. the American Institute of Architects lis§ New soli: Avt nue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright taws and will subject the violator to legal prosecution. 40 • C: + 2.1.7.3 contingencies for design, bidding and price escalation; to determine what mat quipnient, component systems and types of construction are to be included ' ontract Documents; to make reasonable adjustments in the scope of th ct and to include in the Contract Documents alternate bids as may be n o adjust the estimated Cost of the Work In meet the Owner's budget for tit o the Work. If, ani increase in the Contract Suni occurring after execution of nlract I. ween the Owiner and the Contractor causes the budget for the Cost + 2.1.7.4 if hidj a Fig or FIL-8011Mieiti bar. Nat G-41nicwEed within yo dajv: aRor IJaaA+alu4vact suh-4416 2.1.7.5 If the hudgel for the Cost of the Work is exceeded by the lowest bona fide hid or negotiated proposal, the Owner shall: a give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable linie; .3 terminale in accordance with Subparagraph 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work.'I'he niodification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7.7'he Architect shall he entitled to compensation in accordance with this Agreement lin• all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. 2.2.1.1 7'he Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site -'Hie surveys and legal inforniation shall include, a; l?lia !v:: and lines of stleels. al!rys, and adjoining properly and structures adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimen- sions and necessary data with respect to existing buildings, other improvements and trees and infornialioo concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall he referenced to a Project henchnark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited tri test hnrings, test lifts, dYi':rinitations of soil bearing value's, percolation tests, evalua- tions of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. + Sae Attachment 'B'. I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 01991 AIA® AIA DOCUMENT 5141-IiS7 STANDARD FORM SERVICES The American Institute of Architects 1735 Now Yolk Av—u,. N.W. Washington, D.0 20006-5292 do 40 C- D ARTICLE 2.3 EVALUATION AND PLANNING SERVICES t I.3.1 uuaT ft+rnrsliekl by the c►H.Iing-1he 0m," F's prwgmil alld-stlxdHle FegHirg-11-41 and �ll f4 III-- / r Ille Work,llernifis if -•'-F the -4 -hon -'W A.1.i -A � rie�yy...(,i ch ns+ste+►l-tv�4l1-flue-F�p1+iFe+H moii�- !lie ()%VROF of ally 01110F 414441119"011 OF 64 he FeaseMahlY r rel. I��� 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. 2.4.2 SCHEMATIC DESIGN DOCUMENTS 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed- upon program, schedule, and budget for the Cost of the Work.'I'he documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or coni- binalions of these media. Preliminary selections of major building systems and construction 1 materials shall be noted on the drawings or described in writing. i 2.4.3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2.4.4 CONSTRUCTION DOCUMENTS 2.4.4.1 The Architect shall provide C:ons►nlcliou Documents based on the approved Design Development Documents and updated budget for the C;osl of the Work. The Construction I I�)Documents shall set forth in detail the requirements fur construction of the I'loject. TheConstruction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the project. a k 2.4.4.2iHW4.)Hl+N4H4r1t&,th841F'4;h4WA- til-aKtirF(-ll}H 0 1 9 9 7 A I A O -�el: ;n-tll"I'm 3-{ �4#E-H1fHFFHaIrHH-Wllltli- AIA DVCUMENT 6141-1997 . W&GOWhtiNnii-of Wddingi-wdd; ig+ He pro STANDARD FORM SERVICES he 4 undi(iuns ukTh 1,', The American Institute -FITe-IFe1, -Manual that ..,�IH�r.J.e--r.+dr'1•1' 1r ..„r C -4 6 ' ' ;i of ArchitectsiuL 1735 New York Avenue, N.W. 1 g--�+4w' Washington, D.c. 20Wu•S292 • See Attachment W. WARNING: Unlicensed photocopying violate% tvs. ropyright laws and will subject the vlolator to legal prnsrrullon. -4 s 40 40 ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracis for construction. 2.5.2 'I'he Architect shall assist the Owner in establishing a list of prospective bidders or con- tractors. 2.5.3 1'he Architect shall assist the Ow in bid validation or proposal evaluation and determi- nation of the successful bid or proposal, if any. If requested by the Owner, the Architect shall noli- fy all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDD"NG 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. "fhe Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. + 2.5.4.4 the A,cclsile-1 shall consider requests foE6u t'"' t„ 0 retiare and d09lrJ11le add -F?FesP@GtW@ ladde►s. 2.5.4.5 'fhe Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Ridding Documents to all prospective bidders in the form of addenda. 2.5.4.7 7'he Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS 2.5.5: Proposal I)ocuments shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of II�� Proposal Documents for distribution to prospective contractors. 7'he Owner shall pay directly for e o the cost of reproduction or shall reimburse the Architect for such expenses. co moo t=� 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection inter- 0 1 9n 1 AIA w .'leis with pro jicLGve couiractors. SIT 3141-1497 STANDARD FORM SERVICES " s-fitK-sabstfketiEutc,-it-firer+Witted by -113c- I�+rPrx Rl. 1- ibWte.,add 140W,40-04 The American Institute of Architects t 1735 New York Avenue. N W See Attachment Washington, D.C. 20006-5292 * 'D'. WARNING; Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecutlon. 7 i 41111111, • m 4D 2.5.5.5 If requested by the Owner, lite Architect shall assist the Owner during negotiations with prospective contractors. 7'he Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION + 2.6.1.1 ' '1141 Archilgo'll 61141 A 3 bekmv aHd i+► the eEliliF�lof.M.A. I)He+ iIie-66Htracl-l9F 9H61•rhlGilon,eurt:eH1!his Agreementn�...l� tile General Conditions, w en ado! t�sl+all he cwfHr�aH{e u+14 t e @Ht4wAy4o-th"• Riot --it thatl±ej'-HrefE1FH;{5t1 • :,m�.rl� i1.-rnT,-,; atfl'eH)eHFH�I' 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, lite Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract Administration Services extend 60 clays after the dale of Substantial Completion of the Work. 2.6.1.3 'I'he Architect shall he a representative of and shall advise and consult will, the Owner dur- ing the provision of the Contract Administration Services. 'Hie Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not he restricted, modified or extended without written agreement of the Owner and Architect, ' + 2.6.1.5 'Fite a c• _ s. -it reyiew ropefly tifeliaFed, tine add+titinr� 1)(16Q;Hents- IN firtiPeFlY"Hrep fed—f-egi`ie � (additional iaa n.4i. rrm'prepared or at'Proyed' Glud -a elalailed written-stalem 'fie Wram-OW or 81geeifiedii0os-in need f 0E4he-da4ficati0H-Fecluesled* 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behall Inrhare, reproduce and distribute supplemental Drawings and Specifications in response to requests lir information by the Contractor. + 2.6.1.7 g pupWrinamw 41" 11- Owiw -. d-FPfj4p1{•PtTY+nl!i•-flf; lke-� ttitfaf:-t-- "coits;i`F;l?:EPH-wFillei)-rt'i{Ili`!%}-HF4it'i:Ns= kite C- l+wfl VAl-hiH- any -tiH#8-limits agreed AIII- 2.6.1.8 llalerpreLaliuns art�ldecisie>us of llu: Art-hitWA--shall be Of RH I e�-a I'). o� draN[111�5.^14C11Cit-s7.laklA, sc�ure-;.iitiifuJ_-f;e;k+F-HaaH�a-:>�-i:c:il1-t2wu - - ai!-+aui�:t+Nw-partialityi::-aitluw, in 0 1 9 9 7 A I A® oold and S112 1 no, he ns g With.j ....o ...-CU EN'T 5141-122-7 STANDARD FORMiiFHtl + 2.6.1.9 44ulr1'shita6l4121•1f-J-1-1tr .. .. • . ' SERVICES .nt(;HHlra"•c,w--BrrpFHWde44n-lbe-4.Hrit"Et—tkatlHHeirli:.-"OwWWrr-tllls The American Institute� i1te1gtt/.,jg.H UlttY+il''iatiHg-lo-aeslhetiE-i'ffet:-F-shall-be-fitlal-if-tHr1FiFWHt-Nidi-the of Architects 1735 New York Avenue, M.W. Wdst,ingion, U.C. 260UG-5292 + $aa Attachment "B'. WARNING: unlicensed phomcopying violates U.S. copyright laws and will subject the violator to legal proseooinn. 77 Ll O O 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (t) to become 9wwralllr familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiciwies in the Work, and (3) to determine in general if the Work is being performed in in accordance with the Contract Documents. #AweverlTeAOF �s __s -:tee.., _h_n_s._" teenmquesrsequen -Bes�ttte#s, * 2.6.2.2 '' fxom Ili- Cut and from the most recent construction schedule submitted by the Contra.r—li Wever, the' Architect shall not be responsible for the Contractor's failur m the Work in accordance with the requirements of the Contract Do a Architect shall be responsible for the Architect's negligent acts or s, ut shall not have control over or charge of and shall not be re! ions' acts or omissions of the Contractor, Subcontractors, or their agents or 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 f Gept-asellrerw' spec*all)- aullror 2.6.2.5 4'he AFGhke6l: Shall liffe RUNWAlly 10 FL461: WOrk that 01009 Flat 9011fOFF11 to I Documents. Whenever the Architect considers it necessary or advisable, the A will have authority to require inspection or testing of the Work in accorda ' T t 1e provisions of the Contract Documents, whether or not such Work is e , installed or completed. However, neither this authority of the Architect cision made in good faith either to exercise or not to exercise such authori give rise to a duly or responsibility of the Architect to the Contractor rectors, material and equipment suppliers, their agents or employees or other 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 1.6.3 -1 -the RIIA Nil q Certificates for payment in such amounts. 7'he Architect's certification for Tt shall constitute a representation to the Owner, based on the Architect's evalu�a ' the Work as pro- vided in paragraph 2.6.2 and on the data comprising the Con Sr Application for Payment, that the Work has progressed to the point indicated Tad tl at, to the best of lite Architect's knowl- edge, information and belief, the qual' lite Work is in accordance with the Contri-ci Documents.'I'he foregoingre ations are subject (I) to an evaluation of the Work for con- formance with the ' act liocuments upon Substantial Completion, (2) to results of subse- quenl tes utspections, (3) to correction of minor & iation_: fro::: the C;outr ii iTnrumc:as 'fie o v the Artlaiteet. — * See Attachment 'B'. WARNING: Unlicensed photocopying vlo;Aes U.S. copyright laws and will subject the violator to legal prosecution. 1�- o, t� 01997 AIAO AIA DOCUMENT 3.14111-10;77 STANDARD FORM SERVICES The American Institute of Architecis 1 1735 New vnrk Avenue. N.W. rVa�lcis;g'.u,?. D.C. 20G1ki•i19i 40 • 2.6.3.2 "file issuance of a (:ertificale for payment shall not be a representation that the Architect has (t) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.3.3 'rhe Architect shall maintain a record of the Contractor's Applications for payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shJll review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Produce Dala and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract DOC Unlents,'rhe Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. "rhe Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.5 CHANGES IN THE WORK 11 A 1'1 r1 h 11 a t't ter,teC;luistrlu=lillli••�+h�+�-'��F��' + 2.6.5.1 he AF�hitl may PPF" a`bulien in a6GHrcianse wilft the (vonlFasl laosunw tae-Fain,,,,,-�„i,a}�;gs-i}}.}h�F1F-nH6-FlHwivurt; "dFu-edlul.ttaboi-qtr-s<rtut�ab4-a1:::':-::r- C�EleFifiiE/rT-Hf-iile•�inlFBEi'-I-1tN2iwfMEh�rf EenSitikCriH":it:1-{he-ltllent'Hf-th+''��(�T'''"�' hall pFepere, FepFc�du aux} 4eo,4 pr;av{cl I rte-,,, ''ayagFRP p G de9eri4+e-Wd � O O�.Q�.�0 AIL:u:l1FL © s 2.6.5.2 " ' 4)1',07 A I A V 4&i! e =_"Stang, S_i444h °-'W'',Wk -•3t 't3<^�' Ys -"'I! :. - t .,�.••�..,. hall he, AIA DOCUMENT 8141.1997 1 I 5"r ANDARD -C• I @T4F?3l l}a Si6ltiiw .Fc} tuc kis- s -Fe _arrH+ai«µ-Ileier F**ieie=i:%:r �it�^ SERVICES li"''""�--tr..iu:raa4i€;i-?t;-f. •' reperetit+a-ef-addilic»mFdra+wi+>gs*'e-»t'e''' The American institute of Architects • See Attachment 'El'. 1 I 1735 i4aw York Avenue, N.W. Washinut..n, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. Cj 40 s i+) Nta X447 a teryuire+tte+l++r _.f the (....1_ael IA......., ills. till. A_-1.:1 ...1 ilii ... :........FIA .._.1... f.... A nI w...).. .Hall.e ill the (A )Fk nw -:90A 1111Ni1d-14-16 Q.A.-l- 2.6.53 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract rime or -Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation ofsuch change. Upon such authorization,and hased upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. Willi the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the (late or dales of Substantial Completion and the dale of final completion, shall receive from the Contraclor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract I)ocuments and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. * ., 2.6.6.2 ,o n....,.,..t n....:......1...1 u...._........1..,:.... 14) dieck.ice (>L flue M4)rk of the Qitme4-00eum"'ll" und N+ 16' !he BEEUF y- bid 438011tit"l •vav�a-,•.•.••..s of !l,a-1.1.,. 115t-submilled by the i•...,._....1.._ of AA n -l. ... 1... E0111.,I .r...l . .,Cro.1 1 -x.6.6.!( -Who foundInlap suhst@Hlially-eemplele •1... A_elikeet ..hall :_f......_ ,1... Owner a mut the hale tee of1he Gotilraet Sum reinflinisiglo he paid !he QH110nit 01:01 . ... ..........1:.111of 11... (A/...1, 2.6.6.4 'I•he Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (z) affidavits, receipts, releases and waivers of liens or hoods indemnifying the Owner against liens. ^-ARVIGLE g.? FAEiti-TY 6PERATIG"ERVICES- -2,7s1 'I'll, 40141seal 611-11 lly"ill Ilia 01A. -tuff op tili 43 1I,F,r•. lhFi Haled-iiuprelefataii�c pgotm;Lly "f' nipietiwn ie wvIewfacility.-Operation 1 O, 'ice C+-OY4(Cf, alit' -pFFHF-tH-llle-YRplfallHli-1143-HFlf'-yeeP-IrHli}-lillidtitf HE itg"41 ail -E41 lid-OY"INFne-c.:me0IN- CK F164N- W-WWNk4',• l� H 1991 AIA® • See Attachment 'B'. AIA DOCUMENT 6141.1997 STANDARD tUl:r+l SERVICES the American Institute of Archilecls 1735 New York Avenue, N.W. tNa5li'irg4m, D C. 110006 S292 WARNING: Unlicensed photocopying violates U.S. copyrlght laws and will subject the violator to legal prosecution. ELI L 40 40 ARTICLE I.8 SCHEDULE OF SERVICES 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .t up to two ( 2 ) reviews of each Shop I)rawing, Product I)ata hent, sample and similar submittal of the Contractor. .2 up to sixteen ( 16 ) visits to the site by the Architect over the dura- tion of the Project during construction. .3 up to eight ( 8 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to tWO ( 2 ) inspections for any portion of the Work to deter- mine final completion. *' 2.8.2 to by the Architect; .2 responses to the Contractor's requests for information where such inf talion is available to the Contractor from a careful study and comparison the Contract Documents, field conditions, other Owner -provided information onlraclor-prepared coordination drawings, or prior Project correspondence or untentation; .3 Change Orders and Construction Change Directives re ring evaluation of proposals, including the preparation or revision of Instrume of Service; providing consultation concerning replace of Work resulting from fire or other cause During construction; s evaluation of an extensive number claims submitted by the Owner's consultants, the Contractor or others in conn on with the Work; .G evaluation of substituti proposed by the Owner's consultants or contractors and making subsequen visions to Instruments of Service resulting therefrom; .7 preparation -o esign and documentation for alternate bid or proposal requests pro- posed b e Owner; or .e Co ct Administration Services provided 6o days after the date of Substantial * Soo Attachmont '8'. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject she violator to legal prosecution. Illj o, o o. .o t� 0 1991 AIA® FIA DOCUMENT +1411-1997 STANDARD FORM SERVICES The American Institute of Architects i 1735 New `fork Avenue, N.W. Washington, D.C. 20006.5292 do 40 40 40 2.8.3 The Architect shall furnish or provide the following services only if specifically designated or otherwise specified herein: Services Responsibility (Architect, Unwrr err Not Provided) Location of Service Description A Programming Archit - -t __Basic servirpq .2 Land Survey Services Owner/Architect _ Reimbursable Xpense ,3 cieuiechnicalSemces Owner Architect Reimbursable Xuense .4 Space SchenleticrAlowDiagrams Architect Basic Services ,s Existing Facilities surveys Architect_ Basic Services .s Exonomic Feasibility Studies N P N P iSiSite Analysis and Selection N P N/P .8 Environment a] Studies and Reports N/P N/P _ .9 Owner -Supplied Data coordinationOwner ---- _ .lo Schedule Development and Monitoring Architect _ Basic Services .n Civil Design Owner/Architect Reimbursable X ense .12 landscape Design Architect Basic Services .13 Interior Design ArchitectBasic Services_—_ .14 Special Bidding or Negotiation Architect Basic Services .15 Value Analysis _ .15 Detailed COSI Estimating N/P N P .17 Un -Site Project Representation N/P _ N/P .IB ConslruclionManagenlenl _ .19 Slarl-U / Assistance Basic Services _Architect .2o Itecord Drawings N/P N/P _ - .21 Post -contract Evaluation N/P N/P .22 "Icnanl-Related Services N/P /P -3Application & Permit-Feesl Owner Paid Directly_ .24Construction Adrlinistratian I Architect _ Basic Services _ .2s Description of Services. (Dlserl descriptions of the services designaled.) WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecullon. ®1991 AIA® AIA DOCUMENT 5141-1297 STANDARD FORM SERVICES The American Institute of Archilecis 1735 New Vnrk Avenue, N.W. 1lwHngw , G.C.200IA--5:72 40 • ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, areas follows: Those attached hereto. ' Indian River Co Approved D to Administrator 2 1 // VQ Legal e _ cb Budget Ar7:.2 Risk Mann er / 7 General Sci s. 1 p Department By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into (lie Standard Fenn of Agreement Between the Owner and Architect, AIADpcument Bi41-1997 as modified, that was entered Into by the parties as of the date: O W N E (Signamre.) C h a i r m a n AA R� T (Signature) 8 , BCC Approved 01-1�-'2000 FF ran B. Adams ChairmanAIAG (printed natne turd tide) (Printed na"ne and title) r AIA'DOCUMENT B111-1997 STANDARD FORM SERVICES CAUTION: You should sigh an original AIA dssu hent or a licensed reproduction. Originals contaill MCAIA logo The American Institute printed in red, licensed reproductions are those produced in accordance with the Instructions it, this do, ,.,o..it. of Aichi leas 1 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying vlolates U.S. copyright laws and will subject the violator la legal prosecution. C 4jA C ATTACHMENT "B" AIA DOCUMENT B141-1997 REVISIONS to STANDARD FORM OF ARCHITECT'S SERVICES: DESIGN and CONTRACT ADMINISTRATION. 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with others as appropriate, and issue progress reports to the Owner. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants, if any. 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update for the Owner's approval, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. 2.1.3 The Architect shall consider and discuss with the Owner, the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. 2.1.5 Subject to the provisions contained in the next sentence hereof, the Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. The Owner's approval of the Architect's design documents contemplated herein and hereinbelow shall not be for the purpose of determining the accuracy, adequacy or completeness of such documents and shall not alter the Architect's responsibilities hereunder with respect to such documents. 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2.1.7.3 In preparing estimates of Cost of the Work, the Architect shall be permitted to include reasonable contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction acceptable to Owner, are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project acceptable to Owner and to include in the Contract • G i Documents alternative bids acceptable to Owner as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor and not attributable to negligence of the Architect causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.1.7.4 if bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be reviewed and, if necessary, adjusted to reflect changes in the general level of prices in the construction industry. 2.3.1 The Architect shall provide a written preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it Is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.4.4.2 During the development of the Construction Documents, and as requested by the Owner, the Architect shall assist the Owner in the development and preparation of. (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, with the concurrence of the Owner, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, with the concurrence of the Owner, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the modified 1997 edition of AIA Document A201, General Conditions of the Contract for Construction, attached hereto as Exhibit A. Further modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or , pproved in writing by the Architect. 2.6.1.5 The Architect shall review and respond to reasonable requests by the Contractor for additional information about the Contract Documents. 2.6.1.7 The Architect shall Initially Interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. I '1 LLL. -.J do 40 2.6.1.8 Initial interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such initial interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of initial interpretations or decisions so rendered in good faith. 2.6.1.9 The Architect shall render recommendations on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.2.2 The Architect shall report to the Owner In writing known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. 2.6.2.4 Except as otherwise provided in this Agreement, the Owner shall initially endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Owner to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point Indicated and that, to the best of the Architect's knowledge, Information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the r:ontractor is entitled to payment in the amount certified. 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may, with the prior approval of the Owner, authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary. the Architect steel! prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2.8.2. 40 7:� 2.6.5.2 The Architect shall review reasonable requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may, with the prior approval of the Owner, issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. 2.6.6.2 The Architect's inspection shall, at the option of the Owner, be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 Deleted. .2 Deleted. .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of drawings, specifications or other documents, and not resulting from the Architect's negligence; .4 providing consultation concerning replacement of Work resulting from fire or other cause, not the fault of ttte Architect, during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work provided that such claims do not assert fault on the part of the Architect; .6 evaluation of substitutions proposed by the Owner's consultants or contractors, any, and making subsequent revisions to drawings, specifications or other documents resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work, but only to the extent that the performance of such services is rendered more expensive to the Architect thereby. C;B14t-ATTACHMENT B.doc —END OF REVISIONS'"