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Home My WebLink AboutPR 21631: EDC, CONTRACT WITH POWERS BROWN ACHITECTURE OF TEXASS, LLC P. R. No. 21631 10/14/20 FB RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A PROFESSIONAL SERVICE CONTRACT WITH POWERS BROWN ARCHITECTURE OF TEXAS,LLC OF HOUSTON, TEXAS IN AN AMOUNT NOT TO EXCEED $105,000.00 AND THE REIMURSABLE EXPENSES NOT TO EXCEED $10,000.00 FOR PHASE II OF THE ADDITION AND RENOVATION OF THE FORMER PORT ARTHUR NEWS BUILDING AS A CENTER FOR COMMUNITY AND BUSINESS DEVELOPMENT TO BE KNOWN AS "THE PRESS BUILDING" AT 549 4TH STREET; FUNDING AVAILABLE IN EDC ACCOUNT NO. 307-1601-591.82-00 WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to create an environment that promotes business, entrepreneurial and community development; and WHEREAS,the City of Port Arthur is in need of dedicated space for the development of an Emergency Operations Center; and WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC")applied for and was awarded an Economic Development Administration(EDA) grant under the 2018 Disaster Assistance Grant Funds to renovate the former Port Arthur News building located at 549 4th Street in Port Arthur, Texas to serve as a Center for Community and Business Development to be known as "The Press Building"; and WHEREAS, at the February 18, 2019 meeting, the City Council authorized PAEDC to entering into a contract with Architect's Studio PLLC not to exceed $300,000.00 and the reimbursable expenses not to exceed $50,000.00; and WHEREAS,the PAEDC Board of Directors,at a special meeting on September 14, 2020, approved requesting a proposal from Powers Brown Architecture of Texas,LLC with Alam Farias, Senior Project Architect as principal for Phase II of the addition and renovation of the completion of the build out of 549 4th Street; and WHEREAS, at the Board meeting of November 2, 2020, the PAEDC Board of Directors approved entering into an architectural professional services contract with Powers Brown Architecture of Texas, LLC with Alam Farias, Senior Project Architect as principal for completing the build out of 549 4th Street at a cost not to exceed $105,000.00 and the reimbursable expenses not to exceed $10,000.00. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council of the City of Port Arthur authorizes PAEDC to enter into an architectural professional services contract with Powers Brown Architecture of Texas,LLC with Alam Farias, Senior Project Architect as principal for completing the build out of 549 4th Street at a cost not to exceed $105,000.00 and the reimbursable expenses not to exceed $10,000. Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2020, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: #1797741 Page 2 Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: 1111 Floyd Bat te, PAEDC EO APPROVED AS TO RM: '--AA" Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel, jlterim Finance Director #1797741 Page 3 Exhibit "A" t DRAFT AIA Document B101' - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the :2"day of •„v in the year (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) •• •• AND DELETIONS: •• of this document Port Arthur Economic Development Corporation»«(PAEDC}» _- added information z<501 Procter Street,Suite 100» dau for its completion. Port Arthur,Texas 77640» a 1- author may also have ised the text of the (409}963-0579» ,.. µ •a'ginal AIA standard form. ". A••itions and Deletions and the Architect: :ti-o that notes added 1.0, ation as well as (Name, legal status, address and other information) • i- ons to the standard • . ,ext is available from •�- and should be Oggirn5Wit Architecture of Texas,LLC»« » I -viewed. 00 Travis Street,Suite 501 » «Houston,Texas 77002» This document has important 'l< » legal co- equences. . Consul-- on with an atto, - is encouraged with for the following Project: re-•- to its completion (Name, location and detailed description) • ••4 ication. «The Press Building Tenant Improvement» «549 4th Street.Port Arthur,Texas 77640» «The project consists of interior design associated with a build-out of The Press Building to include a lease kitchen on the first floor of approximately 2.700 square feet, a conference center and offices on the second floor of approximately 12.168 square feet. ;» The Owner and Architect agree as follows. (-1 ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document 8101'- 2017. Copyright QD 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 1 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents• Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) 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 7-3 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES l _ 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 "unkno'ivn at time of execution.') " § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, ident documentation that establishes the Owner's program, st the manner in which the program will be developed) ai _.? ,«JALaktauknow»rogram is it lease kitchen base kitchen On Slit ttrst floor of approximately 2 700 square feet,a. conference;centefmd.office on the second floor of aonroxinjately 12,168 snore feet, § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics,such aa4ze;�lol ation; dimensions;geotechnical reports;site boundaries;topographic surveys; traffic and utility stuilks; availability of public and private utilities and services;legal description of the site, etc) <<gproperty includes a vacant two story building of a roxitn tely forty three thousand 00.000.)square feet that �s currently uncLconstrtuction.The current construction is knowri_x phase 1 and a construction manager at risk is 'surrently in process renovating the building.The next phase isinom as phase 2 and the design will include a least kitchen,a conference center and offices.The originalltuiction of the building w a ew per office and. `f krication snag. e total ulterior scope is approximately 14.866 sgy re fegt. » § 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.) K$1,500.000.04>? § 1.1.4 The Owner's anticipated design and construction milestone dates: AIA Document B101'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. This 03/24/2021, is not for resale, was isli produced by AIA software licensed for one-time use only, O4 ET on 09/29/2020 under Order No.2224586553 which expires on 2 and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) .1 Design phase milestone dates,if any: .2 Construction commencement date: •.",: .3 Substantial Completion date or dates: .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identij.,method such as competitive bid or negotiated contract, as well as any requirements aaaelerated or fast- track design and construction, multiple bid packages, or phased construction.) '«AIA Document A 133-2009,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.The Construction Manager will be procured with seventy five percent moleted construction drawings.» § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Idden�tify and describe the Owner's Sustainable Objective for the Project, if any.) � .\ 1 R § 1.1.6.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA Document E204Tm-2017, Sustainable Projects Exhibit,into this Agreement to define the , .:9ditions and services related to the Owner's Sustainable Objective.If E204-2017 is incorporated into this .lam :!e ,the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consul nt .,d contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: __ _ (List name, address, and other contact information.) :«Floyd Batiste.CEO» «5911 'm ter Sreet.Suite_l f Q» «Port Arthur.Texas 77640» «(409)963-0579» «(4Q9)330-1870>> «fbatistegnaedc.org» § 1.1.8 The persons or entities,in addition to the Owner's representative,who are required to i~eview thelArchitect's submittals to the Owner are as follows: --- (List name, address, and other contact information.) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: Ali..Document B101'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 3 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents°Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) oo « » >> (< » .2 Civil Engineer: TBD»« » i .3 Other,if any: (List any other consultants and contractors retained by the Owner.) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: [1-- (List name, address, and other contact information.) «Alam Parias» «Senior Project Architect» «2100 Travis Street,Suite 501 » «Houston,Texas 77002» «f 713)224-0456» «farias(a,tsowefsbrown.co,2n» § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: o Fittz&Shipman,Inc.>x< » « 1405 Cornerstone Court» «Beaumont,Texas 77.706 f409)832-7238 «ddotsonajifittzshioman.com» .2 Mechanical Engineer: «Owen Taylor Engineergtu,Inc.>x< > « 105 S. Village Street K Woodville,Texas 75.979 «(409)283-7516» toctiAmsp.com» .3 Electrical Engineer: o Owen lgylor Et ineeria,_1r c,»« « 105 S.Villag Street «Woodville.Texas 75979>> «(409)283-7516» «focfi a msn,com» § 1.1.11.2 Consultants retained under Supplemental Services: AIA Document BDO3'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "bmerrc, -.-te ;r. I--. :, and "AIA Contract Documents" are trademarks and may not c u thuut per .r This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 4 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) ys2,s °,2 Z ,YY. lr_u.L1 '°f i?S...row...,*, =,..Y dk, fir.&. ,, . 'L,.... `t'_ .— Q�§ 1.1.12 Other Initial Information on which the Agreement is based: E - m a z-tia ,t` y'.�' g4t*sue' rwtVj *- ;i-Yl ac^: '3 -1 7 ,e`0. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,re .i ize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appry riately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation. +e Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construe •,.unes,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instrument. .f Service or any other information or documentation in digital form. The parties will use AIA Document E203 _ 2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the developmen use,transmission, and exchange of digital data. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without a m nt to protocols governing the use of,and reliance on,the information contained in the model and without hay g se protocols set forth in AIA Document E203T"-2013,Building Information Modeling and Digital Data Exhi requisite AIA Document G202TM_2013,Project Building Information Modeling Protocol Form,shall b at�tl�ng or relying party's sole risk and without liability to the other party and its contractors or consultants,the autors of,or contributors to,the building information model,and each of their agents and employees. A ARTICLE 2 ARCHITECT'S RESPONSIBILITIES // § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Ar ' ct presents that it is properly licensed in the jurisdiction where the Project is located to provide the services req •' this Agreement,or shall cause such services to be performed by appropriately licensed design profes 'o s. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily povided by architects practicing in the same or similar locality under the same or similar circumstances.The Archi t shall perform its services as expeditiously as is consistent with such professional skill and care and ems`` d 1)1 progress of the Project. u r § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect ith spect to the Project. I § 2.4 Except with the Owner's knowledge and consent,the Architect shall not engage e in any tivit� orlaccept any g -_:. employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. _ § 2.5 The Architect shall maintain the following insurance until termination of this Agreement/If any`o the requirements set forth below are in addition to the types and limits the Architect normally maitiIains,tlepOwner shall pay the Architect as set forth in Section 11.9. 1 !' , § 2 5.1 Commercial General Liability with policy limits of not less than r<.FiveHu14e434g txlDoll »($tt 000.000.00»)for each occurrence and k One Million D liars,_ ($ 4.000,1000.0Q>s)in the aggregategyegate fbir bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less thanFive Hundred thousand Whirs*($+50,00us0U>)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages ALA.Document 8101'- 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institut f F.i^';itn_ts, - "i_IA, the_ AIR 1-„If, 3.no It Cc nt a ",c'.� 3! s_- -i trade }_, -_ic . -:t ['_ Cr without permission. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 5 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents• Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) required under Sections 2.5.1 and 2.5.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers'Compensation at statutory limits. § 2.5.5 Employers'Liabilitywith policy limits not less than a ,i, , _t,'e, , ,, A,. );.., ($ ut€ Xt;i k ) each accident, Va . � . `�'($ i.,,1€a€'Flit :€"�>)each employee,and '��a ,-��V`iYl a,sl'�dT FP ($ 4`1j�lili,'r€€I)policy limit. § 2.5.6 Professional Liability covering negli ent acts errors and omissions in the performanc• ional services with policy limits of not less than ` "' 1 'I a �($ �+.��.€�t�As , ZBeryc aim and 11 rini #ltbn-1 oliafs4)($ M., kii€,€i to€lt r l )in the aggregate. § 2.5.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect sh•' cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to ' elude the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or mi !ions.The additional insured coverage shall be primary and non-contributory to any of the Owner's ins c1 )olicies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compl the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES i § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usualpi►d eustomary structural,mechanical,and electrical engineering services.Services not set forth in this Article frYam upplemental or Additional Services. I § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attel Project meetings,communicate with members of the Project team,and report progress to the Owner. \ ‘kj -k l § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the O er's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the ace c leteness, and timeliness of,services and information furnished by the Owner and the Owner's consult t rchitect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omis r,,, 'inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit for _er''s approval a schedule for the performance of the Architect's services.The schedule initially shall include 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.pe formance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction ovsitheProject.Once approved by the Owner,time limits established by the schedule shall not,except for reasonablf¢ause,s exceeded by the Architect or Owner. With the Owner's approval,the Architect shall adjust the schedule]if necesrsary,as the Project proceeds until the commencement of construction. o i i 4 § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution,or for t Owner's acceptance of non-conforming Work,made or given without the Architect's written approval. i § 3.1.5 The Architect shall contact governmental 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. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. AIA Document B101'- 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 6 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents• Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,the proposed procurement and delivery method,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting service at may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss + • • • i er alternative approaches to design and construction of the Project.The Architect shall reach an • _-,• ng with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner,the Architect shall pr=•. e and present,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Proje components. § 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare '• e j.tic Design Documents for the Owner's approval.The Schematic Design Documents shall consist of dra i g ' d other documents including a site plan,if appropriate,and preliminary building plans,sections and e ,ns;and may include some combination of study models,perspective sketches,or digital representations. '.M .elections of major building systems and construction materials shall be noted on the drawings or descri, • • - • g. § 3.2.5.1 The Architect shall consider sustainable design alternatives,such as material choices and b ' ' g orientation,together with other considerations based on program and aesthetics,in developing a d . •.• 1 at is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owne i •, obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials,building systems and eq. . nt,together with other considerations based on program and aesthetics,in developing a design for the Project i insistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared .• ., ce with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and reque e n wner's approval. § 3.3 Design Development Phase Services I § 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Docume is sha illustrate and describe the development of the approved Schematic Design Documents and shall consist of • g d other documents including plans,sections,elevations,typical construction details,and diagrammatiL ayouts i f building systems to fix and describe the size and character of the Project as to architectural,structural,hiiechani°: and electrical systems,and other appropriate elements.The Design Development Documents shal r lso incl r i e outline specifications that identify major materials and systems and establish,in general,their quality vets. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work,and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and AIA Document 8101'- 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission, This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 7 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents°Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that,in order to perform the Work,the Contractor will provide additional information,including Shop Drawings,Product Data, Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents,the Architect shall assist the i er in the development and preparation of(1)procurement information that describes the time,place, . i' conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner .4, ,•.r tor;and(3) the Conditions of the Contract for Construction(General,Supplementary and other Condition .The • hitect shall also compile a project manual that includes the Conditions of the Contract for Construction . , Specifications,and may include bidding requirements and sample forms. li § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordan with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Own o ny adjustments to the estimate of the Cost of the Work,take any action required under Section 6.5,and reque th wner's approval. § 3.5 Procurement Phase Services § 3.5.1 General �w The Architect shall assist the Owner in establishing a list of prospective contractors.Following the Q,% hf is approval of the Construction Documents,the Architect shall assist the Owner in(1)obtaining either c petitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)determinir `t�hc uccessful bid or proposal,if any;and,(4)awarding and preparing contracts for construction. /-s § 3.5.2 Competitive Bidding \ § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Docu eht ` § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: F .1 facilitating the distribution of Bidding Documents to prospective bidders; ` ,r .2 organizing and conducting a pre-bid conference for prospective bidders; r ('" 4 / r' .3 preparing responses to questions from prospective bidders and providing clari •� ti t 'and interpretations of the Bidding Documents to the prospective bidders in the fo f 'ends;and, .4 organizing and conducting the opening of the bids,and subsequently documents g d distributing the bidding results,as directed by the Owner. r1 f E § 3.5.2.3 If the Bidding Documents permit substitutions,upon the Owner's written authorization,the Architect shall, as an Additional Service,consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. ;, § 3.5.3 Negotiated Proposals _�I § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract�bcumers. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: (t t .1 facilitating the distribution of Proposal Documents for distribution to prospecti4ep ! contra.jc rs and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda;and, .4 participating in negotiations with prospective contractors,and subsequently preparing a summary report of the negotiation results,as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions,upon the Owner's written authorization,the Architect shall,as an Additional Service,consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. AIA Document B101'- 2017. Copyright CO 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. - . F=" - � This draft was produced by AIA software at 12.53:09ETon 09/29/2020 under Order No 2229586553which expires on 8 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) • § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201 TM 2017,General Conditions of the Contract for Construction.If the Owner and Contractor modify AIA Document A201-2017,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phas: .ervices.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this ,greement.The Architect shall not have control over,charge of,or responsibility for the construction means, - •.• - hniques, sequences or procedures,or for safety precautions and programs in connection with the Work • e Architect be responsible for the Contractor's failure to perform the Work in accordance with requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or o ii issions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Con. .1 tor or of any other persons or entities performing portions of the Work. ' § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5,the Architect's res.• s 1 lity to provide Construction Phase Services commences with the award of the Contract for Construction and ; ?ates on the date the Architect issues the final Certificate for Payment. I § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as othe• 'se required in Section 4.2.3,to become generally familiar with the progress and quality of the portion o : Work completed,and to determine,in general,if the Work observed is being performed in a manner ind' . •,:that the Work,when fully completed,will be in accordance with the Contract Documents.However,th- 'test shall not be required to make exhaustive or continuous on-site inspections to check the quality or quan. e Work.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the . ••. -- and quality of theportionof the Work completed,and promptly report to the Owner(1)known deviations fro a ontract Documents,(2)known deviations from the most recent construction schedule submitted by the Co. ,•: •r,and(3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract flz1 #1..Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to req a a- 'on or testing of the Work in accordance with the provisions of the Contract Documents,whether or i 1 ork is fabricated,installed or completed.However,neither this authority of the Architect nor a decis u •de in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Ii e - chitect to the Contractor,Subcontractors,suppliers,their agents or employees,or other persons or entities p • ', n,gportions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and reg9wwr� ents of,the Contract Documents on written request of either the Owner or Contractor.The Architect's respdnse touch requests shall be made in writing within any time limits agreed upon or otherwise with reasonable pro '-ess. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, reaso ly inferable from,the Contract Documents and shall be in writing or in the form of drawings.W n makill such interpretations and decisions,the Architect shall endeavor to secure faithful performance by !h_Own and Contractor,shall not show partiality to either,and shall not be liable for results of interpretati s or deciions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the AIA Document 8101'- 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 9 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents°Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Archi t has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2) iewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions rec i edzfr Subcontractors and suppliers and other data requested by the Owner to substantiate the Contr tor's rigii to payment,or(4)ascertained how or for what purpose the Contractor has used money previousl paid on account of the Contract Sum. i i § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payme § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreaso blv elay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be tak 4 ccordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with re omptness while allowing sufficient time, in the Architect's professional judgment,to permit adequate re 'eras. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Contractorr9 isubmittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for c' formance with information given and the design concept expressed in the Contract Documents.Review oi<i;u- submittals is not for the purpose of determining the accuracy and completeness of other information such ions, quantities,and installation or performance of equipment or systems,which are the Contractor re,�p a sibility.The Architect's review shall not constitute approval of safety precautions or construction means,me 11 techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an, embly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional cies "s 4 vices or certifications by a design professional related to systems,materials,or equipment,the Architei specify the appropriate performance and design criteria that such services must satisfy.The Architect shahre and take appropriate action on Shop Drawings and other submittals related to the Work designed or cell e y the Contractor's design professional,provided the submittals bear such professional's seal and sigiriatufr when submitted to the Architect.The Architect's review shall be for the limited purpose of checking''ornformance with information given and the design concept expressed in the Contract Documents.The Architect shall bee titled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for inform rotn about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requiremen'tI for regests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification effiuestedi The Architect's response to such requests shall be made in writing within any time limits agreed ubn or oAlerwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and] Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. AIA Document B101'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires.on 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties related documents required by the Contract Documents and received from the Contractor;and, .4 issue a final Certificate for Payment based upon a final inspection indicating th to-the.. st of the Architect's knowledge,information,and belief,the Work complies with the re i .merit of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformanc f the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the lip submitted by the Contractor of Work to be completed or corrected. I : § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the O y a ut the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained I,4 i e Contract Sum,if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contras r:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of fin.alayment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens; d any other documentation required of the Contractor under the Contract Documents. ,,,1,, ei § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of al Completion,the Architect shall,without additional compensation,conduct a meeting with the r to review the facility operations and performance. ARTICLE 4 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 tii'p ct The Architect shall provide the listed Supplemental Services only if specifically designated in thee low as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Secti1 Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect isgn ted,the parties agree that the listed Supplemental Service is not being provided for the Project. L__,, __ (Designate the Architect's Supplemental Services and the Owner's Supplemental Services req ired for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of'services as an exhibit to this Agreement.) 7 \ Supplemental Services Responsilibty € (Architect, Owner, of ieot provided) § 4.1.1.1 Programming whit" 1 § 4.1.1.2 Multiple preliminary designs Archite 1-- - ° § 4.1.1.3 Measured drawings Archite�-��- § 4.1.1.4 Existing facilities surveys Owner § 4.1.1.5 Site evaluation and planning Owner § 4.1.1.6 Building Information Model management Not Provided responsibilities § 4.1.1.7 Development of Building Information Models for Not Provided post construction use § 4.1.1.8 Civil engineering Not Provided § 4.1.1.9 Landscape design Not Provided AMA Document B101'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. .,.t r_, L f Arrritects,,. 'OI',` tte LTA 1 gf, an I ':fr:ra t. C _u =r, register .: trader. its are f,.. Cl,. . t _ This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 11 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AlA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.10 Architectural interior design Architect § 4.1.1.11 Value analysis Not Provided § 4.1.1.12 Detailed cost estimating beyond that Not Provided required in Section 6.3 § 4.1.1.13 On-site project representation Architect § 4.1.1.14 Conformed documents for construction Architect § 4.1.1.15 As-designed record drawings Architect § 4.1.1.16 As-constructed record drawings Ardlitect I § 4.1.1.17 Post-occupancy evaluation Not Provit d § 4.1.1.18 Facility support services Not Provk d § 4.1.1.19 Tenant-related services Not Provio § 4.1.1.20 Architect's coordination of the Owner's Architect -i consultants § 4.1.1.21 Telecommunications/data design Owner § 4.1.1.22 Security evaluation and planning Ownee § 4.1.1.23 Commissioning Not Provid § 4.1.1.24 Sustainable Project Services pursuant to Section Not Provided 4.1.3 z")§ 4.1.1.25 Fast-track design services Not Provided § 4.1.1.26 Multiple bid packages Not ProvidedA § 4.1.1.27 Historic preservation Not Provii § 4.1.1.28 Furniture,furnishings,and equipment design Not Provi e \ § 4.1.1.29 Other services provided by specialty Consultants Not Provided\:\ § 4.1.1.30 Other Supplemental Services Not Provided N Texas Accessibility Standard Review By Texas Department Supplemental ice of Licensing and Regujation Windstorm Inspection&Certificate Supplemental er' § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architet's Js onsibili is provided below. "" P"€ ty (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth 7n tin exhibit, identi6,the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) ,<<Services are self-descriptive. § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner .responsibility is provided below. } (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set for in an exhibit, identifii the exhibit.) <Services are self-descriptive.> § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E204TM-2017, Sustainable Projects Exhibit,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. AIA Document 8101'- 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. :[ De-r- This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 12 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents•Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 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. § 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 .-ed.The Architect shall not proceed to provide the following Additional Services until the Architect receives the I wner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructio' vals given by the Owner,or a material change in the Project including size,quality,comp i-xi the wner's schedule or budget for Cost of the Work,or procurement or delivery method; .2 Services necessitated by the eriactment or revision of codes,laws,or regulatio . including changing or editing previously prepared Instruments of Service; _, .3 Changing or editing previously prepared Instruments of Service necessitated b - ffrcial interpretations of applicable codes,laws or regulations that are either(a)contr t -pecific interpretations by the applicable authorities having jurisdiction made prior to t is ce of the building permit,or(b)contrary to requirements of the Instruments of Service en ose Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely mane - y-o her failure of performance on the part of the Owner or the Owner's consultants or contrac .5 Preparing digital models or other design documentation for transmission to the Owner's nsultants and contractors,or to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests pro .ised, y the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing, .8 Preparation for,and attendance at,a dispute resolution proceeding or legal pro a except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; o, .10 Consultation concerning replacement of Work resulting from fire or other cause during nstruction; or, 4, .11 Assistance to the Initial Decision Maker,if other than the Architect. d `\, § 4.2.2 To avoid delay in the Construction Phase,the Architect shall provide the following A $ ti ' Services, notify the Owner with reasonable promptness,and explain the facts and circumstances giving se tithe need.If, upon receipt of the Architect's notice,the Owner determines that all or parts of the services ar no equired,the Owner shall give prompt written notice to the Architect of the Owner's determination.The O _en _all compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. _ f .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in occ_,ord ce with the Contract Documents or where such information is available to the Contractor from l study and comparison of the Contract Documents,field conditions,other Owner-proViied infg4nation, Contractor-prepared coordination drawings,or prior Project correspondence ordocumer4tion; .3 Preparing Change Orders and Construction Change Directives that require evaluktion ofi$ontractor's proposals and supporting data,or the preparation or revision of Instruments of§ rvice�1 .4 Evaluating an extensive number of Claims as the Initial Decision Maker;or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: the >i(#,2> )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Contractor .2 k<Eight>i(4 8 n)visits to the site by the Architect during construction .3 t<Qm»( <I_»)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 AIA Document B101'.- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. Ji:e kner:ca, T sti-u:r rf Archate ts,' "AIA,' the 710 L g arc 'FI0 C-ntra t Eccurents' are regIst,rtri Baden.r,:s _rn n., r-t Ft_ . c_. ,zth,:t perm s_of. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 13 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) .4 1?( .»)inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within '-. "_}� ; )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's sery ces beyond that time shall be compensated as Additional Services. 1 ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide informati in a timely manner regarding requirements for and limitations on the Project,including a written program,which all set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relati ships;flexibility; expandability;special equipment;systems;and site requirements. 1 § 5.2 The Owner shall establish the Owner's budget for the Project,including(1)the budget Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencie el ed to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the ion-elf the Project until final completion.If the Owner significantly increases or decreases the Owner's budget f the.Costrof the Work,the Owner shall notify the Architect.The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. s , § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with res0 f the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner i(ptde o avoid unreasonable delay in the orderly and sequential progress of the Architect's services. i,�,. § 5.4 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shaIlJinclude,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designakd wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictiCs\bck daries and contours of the site; locations,dimensions,and other necessary data with respect to existing btiildl�n'�,8ther bll improvements and trees;and information concerning available utility services and lines,both I) find private, above and below grade,including inverts and depths.All the information on the survey shall dref enced to a Project benchmark. b t § 5.5 The Owner shall furnish services of geotechnical engineers,which may include test borings,test pits, determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation, ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. ,_ -k/d v ! § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. • § 5.7 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E204T"M--2017, Sustainable Projects Exhibit,attached to this Agreeit ent..,J I § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.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. § 5.9 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. AIA Document B101'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. s by AIA 03/24/2021, is not fors resale, iss licenseddfor one-time only, and may used 09/29/2020nuaccordance with,the 3:0924586553 which expires on 14 Y only AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 5.10 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that r- ate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Arc i ect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the t roject. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction,the Owner shall coordinate the Archit, 's duties and responsibilities set forth in the Contract for Construction with the Architect's services set fo ,,n this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner •: d Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commenceme 1.f e Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in pre.: . or progress. III § 5.15 Within 15 days after receipt of a written request from the Architect,the Owner shall - requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce >. +ts.' 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 ,i n-4 ct all elements of the Project designed or specified by the Architect and shall include contractors'ge • ••nditions costs, overhead and profit.The Cost of the Work also includes the reasonable value of labor,materi: ;equipment, donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the ,• •_ .ation of the 44 Architect;the costs of the land,rights-of-way,financing,or contingencies for changes in the W. . • other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and shall be adj d throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's . ••�e •, the Cost of the Work,and the preliminary estimate of the Cost of the Work and updated estimates of the t•• '.6',> .- Work, prepared by the Architect,represent the Architect's judgment as a design professional.It is re,' a ! ,however, that neither the Architect nor the Owner has control over the cost of labor,materials,or equip a Contractor's methods of determining bid prices;or competitive bidding,market,or negotiating conditions. IA dingly,the nd does not warrant or represent that bids or negotiated prices will not Architect for the Cost t of the Work,or from any estimate of the Cost of the Work,or evaluation, budget .repared_o agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work,the Architect shall be permitted to include co In n ies for design,bidding,and price escalation;to determine what materials,equipment,component syst s, es of construction are to be included in the Contract Documents;to recommend reasonable adjustm is in t J � program and scope of the Project;and to include design alternates as may be necessary to adjust the es ated t of the Work to meet the Owner's budget.The Architect's estimate of the Cost of the Work shall be 4sed on hrrent area, volume or similar conceptual estimating techniques.If the Owner requires a detailed estimate _he Cc of the Work,the Architect shall provide such an estimate,if identified as the Architect's responsibiliM1_in Sectip n 4.1.1,as a Supplemental Service. § 6.4 If,through no fault of the Architect,the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality,or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. AMA Document B101"- 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 155 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents. Terms of Service. To report copyright violations, e-mail copyrightQaia.org. User Notes: (1299528033) § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 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 time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect shall modify the Co ! ction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion o uction Documents Phase Services,or the budget as adjusted under Section 6.6.1.If the Owner requir ,�1hc. Arc itect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal eeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably icipate,the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Sec n 11.3;otherwise the Architect's services for modifying the Construction Documents shall be without additiona ompensation.In any event,the Architect's modification of the Construction Documents shall be the limit of the Ar •it: 's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any s information,the transmitting party is the copyright owner of such information or has permission from the cop a ght_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 the respective Instruments of Service,including the Drawings and Specifications,and shall retain all common tatutory and other reserved rights,including copyrights. Submission or distribution of Instruments of Servit;e<to et official regulatory requirements or for similar purposes in connection with the Project is not to be conikrue< publication in derogation of the reserved rights of the Architect and the Architect's consultants. s,1 § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of ice solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,pro ded that the Owner substantially performs its obligations under this Agreement,including prompt payment f aXirs due pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses er e�Architect's consultants consistent with this Agreement. The license granted under this section permits the cbw to authorize the Contractor,Subcontractors, Sub-subcontractors,and suppliers,as well as the Owner's con iltahts and separate contractors,to reproduce applicable portions of the Instruments of Service,subject to any pro olestablished pursuant to Section 1.3,solely and exclusively for use in performing services or construction " Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted ifl 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 hdld harmlfis the Architect and its consultants from all costs and expenses,including the cost of defense,related ko claimsand causes of action asserted by any third person or entity to the extent such costs and expenses arise frortitthe Owtrer's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apaly •if the Owner rightfully terminates this Agreement for cause under Section 9.4. d § 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. AIA Document B101'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. t , and only be used in accordance with the AIA This draft was produced by AIA software at 12 53.04 ET on 09/29/2020 under Order No 2224586553 which expires on 16 03/29/2021, is not for resale, is licensed for one-time use only, mayContract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) ARTICLE 8 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. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect w., e all rights against each other and against the contractors,consultants,agents,and employees of the other for d. ges,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 ► eral Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall re'uire o'the contractors,consultants,agents,and employees of any of them,similar waivers in favor of th ether parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims,disputes,or other tters in question, arising out of or relating to this Agreement.This mutual waiver is applicable,without limitati ,t 1 consequential damages due to either party's termination of this Agreement,except as specifically provided i Se on 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreem subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the.4t 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 disputelution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in u on between them by mediation,which,unless the parties mutually agree otherwise,shall be administered a erican Arbitration Association in accordance with its Construction Industry Mediation Procedures in n the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to i . .greement,and filed with the person or entity administering the mediation.The request may be made concurrently witthe filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shal proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a peri a of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court or er. f /arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the select hiarbitrator(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 s 1 'held in the place where the Project is located,unless another location is mutually agreed upon.Agreements real eslt,mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: / �\ (Check the appropriate box.) ,,/��" y ` Fr i Arbitration pursuant to Section 8.3 of this Agreement [ _ .0]Litigation in a court of competent jurisdiction [ »] Other: (Spec) '!fa If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. AIA Document B101'- 2017. Copyright CO 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. he 4r^. •._a ,e t Rrc. _e et e,, "AIA," the ,It ago ':,:tract Irci-errs' are registered trademarks era m „ r,, he -teed is perer =.^- This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 17 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) §-8:3-Aitratien , , , , h i f it § 8.3.3 Tho . '— § 8.3,4 Consolidation or Joinder § 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreemnt with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the o arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common que ether of law or fact; and(3)the arbitrations employ materially similar procedural rules and methods for selecting bi (s). § 8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantilbli olved in a common question of law or fact whose presence is required if complete relief is to be accorded in i 'on, provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration in, b lying an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other mattil in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration n "cfed under this Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation th6 wner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, ch f ure shall be considered substantial nonperformance and cause for termination or,at the Architect's option se suspension of performance of services under this Agreement.If the Architect elects to suspend services, Archi, t 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 susAgnsion and any expenses incurred in the interruption and resumption of the Architect's services.The Archite .'s fees fo>r the remaining services and the time schedules shall be equitably adjusted. ""' § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 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. AIA Document 8101'- 2017. Copyright C 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "A -:statute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarl- not be used withou- -n This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 18 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents•Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 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 Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for service erformed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including e costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreem t for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,th caner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determinin ny termination or licensing fee.) .1 Termination Fee: ice: 2 LicensingFee if the Owner intends to continue usingthe Architect's Instruments of Sery § 9.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year 4"' date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a terminatio f his 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, c that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of bindi-i_d to resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20 i 1 eneral Conditions of the Contract for Construction. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,ancOegal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreeni`'ent without the written consent of the other,except that the Owner may assign this Agreement to a lender proNding fm ncing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agree4iknt,inccutding any payments due to the Architect by the Owner prior to the assignment. pE § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of sue4 certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution If the Omer 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. AIA Document B101'- 2017. Copyright CO 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. ire Arr_r itan Insr,tute zf Ar,rite-te," "AIA," the AJA 1c7 -en "Fla ;tract Documents" are registered trademarks and ram sot t .. >.!ttnt perrIssann_ This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 19 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the hitect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owne hall provide professional credit for the Architect in the Owner's promotional materials for the Project.Thi ection 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for ca pp-ain't to Section 9.4. jj § 10.8 If the Architect or Owner receives information specifically designated as"confidential' r"business proprietary,"the receiving party shall keep such information strictly confidential and shall no isclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termina' of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"informatio 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoe o ther form of compulsory legal process issued by a court or governmental entity,or to the extent such info ti is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also Ise h information to its employees,consultants,or contractors in order to perform services or work }_axclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on e 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 i r-, .ining provisions.If it is determined that any provision of the Agreement violates any law,or is othe 2 valid or unenforceable,then that provision shall be revised to the extent necessary to make that provis •n .: and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by la • 'ive 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 compens: '- • itect as follows: .1 Stipulated Sum (Insert amount) <<One Hundred Five Thousand Dollars($105.000.00)» I .2 Peroentage Basil (Insert percentage value) f \ Section-1-1-:6- — i ,3 Other v § 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.) AIA Document 8101'- 2017. Copyright t 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architr AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be ,sed without permission. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 20 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents*Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) I c Y See,'Se4"{7on 111.7.» -- _ _ - �., ,,r § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in I Section 11.2 or 11.3,shall be the amount invoiced to the Architect plus ;' percent( "%),or as follows: (Insert amount of or basis for computing,Architect's consultants'compensation for Supplem tal or Additional Services.) See gectron 117.u ' ° ' 4 ' § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage b ,the proportion of compensation for each phase of services shall be as follows: Programming Three 03% Schematic Design Phase t «Twelve» percent ( «12» %) Design Development Phase «Twenty» percent ( «20» %) Construction Documents «Forty» percent ( «40» :„ %) Phase 7-1 L_- 4--4 percent ( e..* .04,} Construction Phase «Twenty Five» percent ( ' «225» %) / 1 Total Basic Compensation one hundred percent ( 100 - (%) �gg § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress paym ts�fot ach phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by e er's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall t adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. \c § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otheewise not constructed,compensation for those portions of the Project shall be payable to the extent servi es are eiformed on those portions.The Architect shall be entitled to compensation in accordance with this Agree eitt ,ail services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants ar set , below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal •cocas. (If applicable, attach an exhibit of hourly billing rates or insert them below.) «Reference.table_belaw » Employee or Category Rate($0.00) P in i al $225.00 Seni9LProject MatAa a ::.. $150.00 w. ,.,e.;.,., _ Project Manager t 3125.00 _Senior Proect I)esjgner $150.00 Project Designer $125.00 ;t"EED Coordinator $85.00 Senior Project Architect 1$120.00 Prgjcet Architect $100.00 Intern Architect i$85,00 Sr,Interior Designer $125,00 'Interior Designer t 00 Interior Designer litern $75.00 °-. . Mtn ini§tratiye. k,tl ' _._ 375,00 AIA Document B101' - 2017. Copyright® 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "ALA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 2 1 without permission. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents. Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 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 P 'ect; .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 an=byi the Owner; .7 Renderings,physical models,mock-ups,professional photography,and presen g.,x pnal -ials requested by the Owner or required for the Project; .8 If required by the Owner,and with the Owner's prior written approval,the Arc tect's consultants' expenses of professional liability insurance dedicated exclusively to this Proje or the expense of additional insurance coverage or limits in excess of that normally maintained b 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 e entities as necessary to achieve the Sustainable Objective;and, 1.--- .12 Other similar Project-related expenditures. ,. 1 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Archite ald the Architect's consultants plus »percent(kit»%)of the expenses incurred. ,� § 11.9 Architect's Insurance.If the types and limits of coverage required in Section 2.5 are in ;.,4 i to the types and limits the Architect normally maintains,the Owner shall pay the Architect for the additio res s incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the require efts st forth in Section 2.5, and for which the Owner shall reimburse the Architect.) '\I [, 7077 § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of »($ »)shall be made upon execution of this P e III ent and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the fiii4U.r 4oice. zet , § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportib�4 to serves performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpai c thirty 0( it< 0»)days after the invoice date shall bear interest at the rate entered below,or in the absene thereofat the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) K1N%0monthly>> § 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 the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. AIA Document B101'- 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. uithcut permssion. This draft was produced by AIA software at 12:53:04 ET on 09/29/2020 under Order No.2224586553 which expires on 22 03/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1299528033) § 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 an. - , supersedes all prior negotiations,representations or agreements,either written or oral.This AI,eementjact y bed 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 101 TM_2017, Standard Form Agreement Between Owner an. rchitect .2 AIA Document E203Tst.2013,Building Information Modeling and Digital Da I r'bit,dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) 3 Exhibits: _ _ (Check the appropriate box for any exhibits incorporated into this Agreement.) [ki ;? ] AIA Document E204T"_2017, Sustainable Projects Exhibit,dated as in c below: (Insert the date of the E204-2017 incorporated into this agreement.) _>?) Other Exhibits incorporated into this Agreement: (Clearly identibi any other exhibits incorporated into this Agreement, includin ny exhibits and scopes of services identified as exhibits in Section 4.1.2) .4 Other documents: () (List other documents, if any,forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) I (Printed name and title) (Printed name, title, and license numWifreguired) AIA Document 8101'- 2017. Copyright p 1974, 1978, 1987 1997, 2007 and 2017 b The Am Inc "I Seri Car Inst_, -f p -Ls," "F:iF " t.,F AlF. �- y American Institute of Architects. All rights reserved. without permission. This draft wasby 'I '"�' All, Dccu,ents' arc. produced AIA software at 12:53:04 ETr on r 09/29/2020 under Order No.2224586553 which expires on Q 03/24/2021, is not for resale, is licensed for one-time use only, 'aars;ere° cra;iec.,r.s of Service.2 , To reportt coe� T copyright violations, e-mail copyright@aia.org. and may only be used in accordance with the AIA Contract Documents®Terms 3 User Notes: pyright@aia.org. (1299528033) _ k yL w.Xi,R 42d. ^�' ya: 'iC �� - - _ - - .. vas. V_ • 'Tt' - ,i } t ro`.� hcac-..r„te„.' fz4"-:a, �. >,...�� ,r.".,.a1.5 -.>4-�' +.:� r 4.4u;,,....:'-:��_.. .»'''4 _, _ 4VLa�$''='Sa � ,. . ..,??. "b�-3" _`: v,aeiaS,