HomeMy WebLinkAboutPR 15604: BROWN REYNOLDS WATFORD ARCHITECTS, INC.PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitzgibbons, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUB7ECT P.R. #15604 -Authorize Execution of Contract with BRW
DATE 29 October 2009
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 15604, authorizing
the execution of a contract with Brown Reynolds Watford Architects, Inc. of College
Station, Texas for design services related to the TWDB CWSRF-ARRA grant for the not
to exceed amount of $136,200.
BACKGROUND:
In Resolution 09-316, the City Council authorized the City Manager to negotiate with
Brown Reynolds Watford Architects, Inc. for the design of the new Fire Station #4 in
Sabine Pass. The amount agreed upon to provide these services is $136,200.
BUDGETARY/FISCAL EFFECT:
Services to be reimbursed by FEMA due to the destruction of the station by Hurricane
Ike.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 15604, authorizing
the execution of a contract with Brown Reynolds Watford Architects, Inc. of College
Station, Texas for design services related to the TWDB CWSRF-ARRA grant for the not
to exceed amount of $136,200.
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
Z:\engineer\documents\CAMS\BRW FS4 Award.docx
P.R. 15604
10/29/09 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH BROWN REYNOLDS
WATFORD ARCHITECTS, INC. OF COLLEGE STATION, TEXAS
TO PROVIDE DESIGN SERVICES FOR FIRE STATION #4 IN
SABINE PASS FOR AN AMOUNT' NOT TO EXCEED $136,200.
WHEREAS, in Resolution 09-316, the City Council of the City of Port Arthur authorized
negotiations with Brown Reynolds Watford Architects, Inc. for the design of the new Fire
Station #4 at 5030 S. Gulfway Drive in Sabine Pass; and,
WHEREAS, Brown Reynolds Watford Architects, Inc. can provide these design phase
services for an amount not to exceed $136,200; riow, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute an agreement with Brown
Reynolds Watford Architects, Inc. of College Station, Texas (attached as Exhibit "A'~ for the
design of the new Fire Station #4 at 5030 S. Gulfway Drive in Sabine Pass; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED this the day of , A.D. 2009 at
a
AYES:
meeting of the City of Port Arthur, Texas by the following vote:
Mayor.
Councilmembers:
Noes:
P.R. 15604
Page 2
ATTEST:
City Secretary
APPROVED A TO FORM:
City Attorney A. ~~ 1
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons
City Manager
Ross E. Blackketter, P.E.
Director of Public Works
/ r
f 1 ~~ `
f U`
Larry D. Richard
Fire Chief
,,~ ~~
t ,
Shawna Tubbs
Purchasing Manager
Mayor
APPROVED AS TO AVAILABILITY
OF FUNDS:
Deborah Echols, CPA
Director of Finance
Z: \engineer\Documents\Resolutions\PR15604
EXHIBIT A
=~== Document B101rM - 2007
Standard Form of Agreement Between Owner and Architect
AGREEMENT made as of the Tenth day of November in the year Two Thousand Nine.
(In words, indicate day, month ands ear
BETWEEN the Architect's client identified as the Owner:
(Name, leg~~address and other information)
Mr. Steve Fitzeibbons
City Manaeer
City of Port Arthur
PO Box 1089
Port Arthur, TX 77641
and the Architect:
(Name, 3-address and other information)
Brown Remolds Watford Architects, Inc.
2700 Earl Rudder Freeway South
Suite 4000
College Station, Texas 77845
for the following Project:
(Name, location and detailed description)
New Fire Station for the City of Port Arthur, Texas.
The Owner and Architect agree as follows.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AIA Document 8101 T" - 2007 formerly 8151 T'" -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ~
this AIA Document, or any portion of it, may result in severe civil and a~iminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
COST OF THE WORK
COPYRIGHTS AND LICENSES
CLAIMS AND DISPUTES
TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
EXHIBIT A INITIAL INFORMATION
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial
Information:
(Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below
Initial Information such as details of the Project's site and program, Owner's contractors and consultants,
Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated
procurement method, and other information relevant to the Project.)
Design services for a new fire station for the Port Arthur Fire Department located on Dowling Road at Sabine Pass.
The proposed building size is 6,000 square feet with an estimated construction budget of $ 1,500,000. The station
will have three sleeping quarters, living spaces and one apparatus bay. The station will be designed to provide
Category III Hurricane Resistance.
§ 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
.1 Commencement of construction date:
Mav 11, 2010
.2 Substantial Completion date:
February 11, 2011
§ 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Clwner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
AIA Document B701 TM' - 2007 formerly B151 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyrigiht Law and International Treaties. Unauthorized reproduction or distribution of 2
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
Basic Services•
Architectural
• Description of professional services is in Article 3
• Hurricane resistant design for 3 second 150 mph Busts
Landscape
• Landscape design to meet Zoning Ordinance requirements as applicable and drought-tolerant /Native
vegetation goals
Landscape Irrigation
• Irrigation svstem design and documents.
Civil
• Drainage, grading and paving design
• Grading spot elevations adequate for TAS compliance
• On-site water and sewer utilities
Structural
• Foundation and structural framing
• Screening walls, retaining walls and exterior stairs; (as applicable)
Mechanical, Plumbing and Electrical
• Mechanical svstems, including temperature controls svstems and written sequence of operations
• Fire protection (sprinkler svstem) performance specification
• Electrical power, lighting, and fire alarm svstems
• Coordination with utility companies for electrical power, telephone, fiber, cable TV, etc. service entrances
• Emergencygenerator (budget permitting
• Empty conduit and boxes for low voltage wiring
Exclusions from Services
The services shown below are not anticipated at this time however, project requirements identified during design
may require them to be added.
Architectural
• Kitchen and food vending equipment procurement
• Furniture and office equipment procurement
• Fitness equipment procurement
• Professional models and renderings produced out-of--house
• Preparation or assistance with multiple bid packages
• LEED Certification
• Full time on site construction observation
• Environmental or hazardous materials conditions /issues
Civil
• Zoning modifications, including street abandonments, easements, S.U.P.s and P.D.s
• Environmental or hazardous materials conditions /issues
• Detention Pond
• Off Site Utilities
• Off Site Underground Storm Drainage Engineerint;
• Storm Water Pollutant Prevention Plan (SWPPP)
AIA Document 8101 T"` - 2007 formerly 8751 ^" -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
/ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
• Property Plat
• Flood Plain Studies or Flood Plain Reclamation Studies
Mechanical, Plumbing and Electrical
• Fire protection (sprinkler) system design (beyond performance specification)
• Building utility bill estimates
• Lightning protection
• Technology Design and Documentation
• A/V Design
• Acoustical Design and Documentation
Owner Responsibilities
• The Owner shall not increase or decrease the overall budget, or the portion the budget allocated for
construction or contingencies, without modifying the agreement of the Architect to a corresponding change
in the_proiect scope, quality, and / or professional service fees.
• The Owner shall provide written comments within fourteen (14) calendar days pertaining to documents
submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential pro erg ss of
the Architects' services. The Owner shall not modify a decision once given to the Architect without
additional compensation to the Architect.
• Should the Owner fail toperform necessary responsibilities to advance the proiect or fail to make payments
to the Architect, the Architect shall have the ri t to terminate this contract upon written notice to the
Owner.
• The Architect's services are copyrighted and for the sole benefit of the City of Port Arthur (current owner).
No third party may use or benefit from the Architect's services or products for this project. In the event
that the property is sold, the new owner shall have no recourse or benefit from the Architect's services
rendered for this proiect.
Owner Provided Services and System
The Owner shall furnish services or building systems other than Basic Services, or authorize the Architect to furnish
them as an Additional Service, when such services are required to complete the project. These services may include
those listed below as applicable:
• Topographic Survey
• Boundary, Easements Descriptions Survey
• Geotechnical Survey
• Laboratory materials testing /inspections (during construction)
• Texas Accessibility Standards site inspection at completion of construction. Architect will submit the
signed and sealed construction documents to a Registered Accessibility Specialist (RAS) for plan review.
"The plan review fee is a reimbursable expense. Architect will also have the RAS submit a fee proposal to
the Owner for the site inspection.
• Telecommunications and computer equipment and wiring, including voice, data, cable TV, fiber optic
cabling, wire management systems, and terminations (Architect shall provide empty function boxes and
electrical power as directed by the Fire De~artmen~
• Station radio, antenna and alerting systems (Architect shall provide electrical power and empty conduit as
directed by the Fire Department or the Fire Department's vendor)
• Audio /visual systems (Architect shall provide electricalpower and empty conduit as directed by the Fire
Department or the Fire Department's vendor )
• Building security systems (Architect shall provide electrical power and empty conduit as directed by the
Fire Department or the Fire Department's vendor ),
• Electrical power contract for 2 years from an ener€;v provider
AIA Document 8101 T'" - 2007 formerly 8151 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved, WARNING: This AIA Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of 4
this AIA® Document, or any portion of k, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
Scone of Services by Project Phase
A. Schematic Design includes the following
• Kick off meeting. Review scone of work with~roiect team. Identify contact information as well as chain
of command for distributing information
• Programming. BRW, working with the Fire Department Staff will develop a program of spaces for the
new fire station. BRW will compose a summary sheet listing the rooms, sizes area special requirements
required adjacencies type of lighting required data/telephone, interior finishes proposed occupancy and
type of furniture. BRW will also include a detailed room by room program containing the information
above as well as a schematic layout of the room wiith proposed furniture layout. BRW will provide 5
copies in a bound booklet.
• Code research. Research the International Building Code requirements as well as plumbing electrical
hghtrng, and mechanical site floodplain TAS and TCEO b i~entifving rearurements and restrictions
related to the new building.
• Conceptual Design. BRW will provide several schemes for conceptual desi~rr of the fire station Upon
review of the schemes, one of the schemes is selected for modification and further development in
Schematic Design. The Architect shall provide Schematic Design Documents based on the mutually
agreed-upon space program schedule and budget for the Cost of the Work. The documents shall establish
the preliminary design illustrating the scale and relationship of the components Upon refinement of the
preferred conceptual scheme BRW will provide a colored floor plans and exterior elevations and computer
modeling if needed. BRW will submit 5 conies of the 11 x 17 conceptual designs for the Owner's review
and comment.
• Schematic Design documents shall include a site plan, buildine plans, sections and elevations. Preliminary
selections of major building systems and construction materials shall be noted on the drawings or described
in writing. During the design process the Architeu~t shall work with the Owner's consultants under
separate contract to coordinate the scone of the project. The Schematic Design phase shall include three (3)
working design meetings with the Owner.
• Statement of Probable Cost. BRW will provide a Statement of probable cost at the completion of
Schematic Design, which will be a general estimate developed from several cost data bases including our
own to determine the cost per square foot. BRW will submit 5 conies of the 8'h x 11 estimate.
• Presentations. If requested, BRW will make one (1) presentation to the Citv Council for their approval of
the design.
B. Design Development
• During the design process, the Architect shall work with the Owner and user group to coordinate the scope
of the project. At the completion of Design Development the Architect shall update the probable cost of
the Work and the project schedule. The Architect shall advise the Owner of any changes from previous
cost projections due to adjustments in the project scope, refinement of the probable cost of the work or
general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the
Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the project's
size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments.
• BRW will provide preliminary mechanical, electrical, and plumbing engrneerin@. Design and
coordination with the Fire Department's IT departrnent will be implemented at this phase. During this
phase interior elevations will be developed and BR.W will review finish materials, lighting, and furniture.
BRW will review with the Fire Department, equipment and furniture that are owner supplied vs. items
supplied by the contractor during construction. Dcbr hardware will be outlined and reviewed. BRW will
prepare an outline for materials and products used for specifications.
• Our civil engineer will evaluate our site conditions along with parking requirements, drainage, landscaping
and irrigation.
• Meetings and Deliverables. The Design Development phase shall include two (2) working design meetings
with the Owner. Design Development deliverables shall include 5 half size sets 30" x 42" format (15"
x21 ") for the Owner's review and comment
AIA Document B101 T'" - 2007 (formerly 8151 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights
Init. reserved. WARNING: This AIAb Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which e~ires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
C. Construction Documents
• The Architect shall update the estimate of the Cost of the Work and project schedule at 50% and 95%
completion of Construction Documents. It is reco¢nized that neither the Architect nor the Owner has
control over the cost of labor, materials or eauipment, over the Contractor's methods of determinine bid
Drices, over competitive bidding;, or market conditions. Accordingly, the Architect cannot and does not
warrant or represent that bids will not vary from the Owner's budget or the Architect's cost estimates.
• During? the development of the Construction Documents, the Architects shall prepare a Project Manual
including (1) bidding and procurement information which describes the time, place and conditions of
bidding; bidding or proposal forms; and (2) the Conditions of the contract for Construction (General,
Supplementary and other Conditions).
• Construction Documents phase deliverables shall include two full-size sets of documents at 50%
completion and 95% completion for the Owner's re:view and comment. Final deliverables at 100%
completion shall include five sets of full-size set ofprints, three sets of specifications, one set of unbound
specifications, and one electronic file of the Contract Documents in PDF format and Specifications in PDF
format.
• Upon receiving a letter of notice to proceed, BRW will update the building project schedule.
• Final design and coordination of the mechanical, electrical, and plumbing will be completed. Mechanical
engineering will include sizing of equipment, ducts. diffusers, dampers, and appropriate calculations.
Plumbing engineer will include design of waste water system tied into the existing system, supply water,
and as system. Electrical engineer will provide li 7 tin and power systems. Civil en i~g work will
be reviewed and coordinated and final details will be drawn and specified.
• BRW will submit the reauired number of site plans to the Development Review Committee for their
review. BRW will also submit the required number of sets of drawings to the building department for their
review.
• Coordination of all architectural drawing will be detailed and finalized. Specifications will be coordinated
with drawings and completed. The Fire Department will provide the solicitation documents for inclusion
in the specifications.
D. Construction Administration
• Site Visits: The Architect shall visit the site to become generally familiar with the progress and quality of
the work completed (assuming work is on going ). The Architect's representative shall attend progress
meetings and prepare field reports describing the status of the work and any discrepancies observed from
the Construction Documents. Anticipated visits are to include construction progress meetings, pre-
installation conferences and concrete foundation pours.
• Including construction administration activities withprogress meetings, substantial approvals, change
orders, construction schedule approval, and proiecl; close-out, BRW will serve as the representative of the
Fire Department during construction to observe the construction work effort and to observe conformance
by the construction contractor with contract plans and specifications.
• The Architect shall perform final closeout procedures as defined in the Contract Documents, including
preparation and verification of Punch Lists for the Contractor's use.
• Construction Administration services beyond the following limits shall be an Additional Service:
• Evaluation of Contractor's substitution requests be:yond 30 days after the execution of the construction
contract
• Owner requested project scope changes resulting in changes to the Construction Documents
• Evaluation of claims submitted by the Contractor in connection with the work
• One (1) eleven (11) month warranty walk after com lp etion
• Construction Administration services provided mare than sixt~601 days after the date of the Substantial
Completion originally established in the construction contract shall be Additional Services. The monthly
lump-sum fee for extended Construction Administration (CA) services shall be the CA portion of the fee
divided by the number of months for construction originally established in the construction contract.
Init. AIA Document 6101 T" - 2007 formerly 6151 T" -1997). Copyright ®1974•, 1978, 1987, 1997 and 2007 by The American Institute Of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of s
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14'46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale. 844713796)
User Notes: ~
i
§ 2.2 The Architect shall perform its services consistent withh the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with. respect to this Project.
§ 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall
reimburse the Architect for any additional cost:
(Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if
any.)
.1 General Liability
$ 1,000,000.
.2 Automobile Liability
$ 1,000,000.
.3 Workers' Compensation
$ 2,000,000.
.4 Professional Liability
$ 2,000,000.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those descrilbed in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in t#~Article 3 are Additional
Services.
§ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design
criteria, attend Project meetings, communicate with membt;rs of the Project team and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner's consultants. The ,architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for 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 performance of
the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once
approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded
by the Architect or Owner. With the Owner's approval, the: Architect shall adjust the schedule, if necessary as the
Project proceeds until the commencement of construction.
AIA Document 6101 T" - 2007 formerly 6151 T"' -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
§ 3.1.4 The Architect shall not be responsible for an Owner', directive or substitution made without the Architect's
approval.
§ 3.1.5 The Architect shall, at appropriate times, contact the ;;overnmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project, the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having; jurisdiction over the Project.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
codes, and regulations applicable to the Architect's services,.
§ 3.2.2 The Architect shall prepare a preliminazy evaluation Hof the Owner's program, schedule, budget for the Cost
of the Work, Project site, and the proposed procurement or 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 services that may be
reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminazy evaluation. to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project, including the feasibility of incorporating
environmentally responsible design approaches. The Archit~t shall reach an understanding with the Owner
regarding the requirements of the Project.
§ 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for
the Owner's approval a preliminazy design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepaze Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and
building orientation, together with other considerations basf;d on program and aesthetics, in developing a design that
is consistent with the Owner's program, schedule and budget for the Cost of the Work. 'The Owner may obtain other
environmentally responsible design services under Article 44.
§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics in developing a design for the Project that is consistent
with the Owner's program, schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepazed in accordance with
Section 6.3.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 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 Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and
Init. AIA Document 6101 T" - 2007 formerly 6151 T'" -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30!2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also
include outline specifications that identify major materials aJ~d systems and establish in general their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
§ 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 i~or the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work. The Owner and Architect acknowledge that in order to construct 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 into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) bidding and procurement information that describes the time, place and
conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and
Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).
The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
§ 3.4.4 The Architect shall update the estimate for the Cost of the Work.
§ 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments
to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's
approval.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.1 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive
bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid
or proposal, if any; and, (4) awarding and preparing contracts for construction.
§ 3.5.2 COMPETITIVE BIDDING
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by
.1 procuring the reproduction of Bidding Documments for distribution to prospective bidders;
.2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion
of the bidding process, and maintaining a to€; of distribution and retrieval and of the amounts of
deposits, if any, received from and returned Ito prospective bidders;
.3 organizing and conducting apre-bid conference for prospective bidders;
.4 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and
.5 organizing and conducting the opening of the bids, and subsequently documenting and distributing
the bidding results, as directed by the Owne1•.
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
AIA Document B701 TM - 2007 formerly 8151 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of 9
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
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User Notes: ~
§ 3.5.3 NEGOTIATED PROPOSALS
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by
.1 procuring the reproduction of Proposal Docurents for distribution to prospective contractors, and
requesting their return upon completion of thE; negotiation process;
.2 organizing and participating in selection interviews with prospective contractors; and
.3 participating in negotiations with prospective contractors, and subsequently preparing a summary
report of the negotiation results, as directed b;y the Owner.
§ 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
§ 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 A201iM-2007, General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect annend this Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the
Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not
have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other
persons or entities performing portions of the Work.
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
for Payment.
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the; Contract Documents. However, the Architect shall not
be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and
from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in
the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or
testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
AIA Document 8101 T" - 2007 formerly 8151 TM -1997). Copyright ®1971, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 ~
this AIA® Document, or any portion of it, may result in severe civil and oriminal penalties, and will be prosecuted to the maximum extent possible
f under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
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§ 3.6.2.4 Interpretations and decisions of the Architect shall lbe consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
term is defined in AIA Document A201-2007, the Architectt 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
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 and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by
the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal
schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sulfiicient
time in the Architect's professional judgment to permit adequate review.
§ 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or
take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. Review of such submiittals is not for the purpose of determining the accuracy
and completeness of other information such as dimensions, quantities, and installation or performance of equipment
or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods,
techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be
entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals.
§ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information
about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests
AIA Document 6101 TM - 2007 formerly B1 ti1 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyrighit Law and International Treaties. Unauthorized reproduction or distribution of 11
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
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UaerNotes: (844713796)
for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The
Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with
reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to 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 authorize 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
the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 PROJECT COMPLETION
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to
the Owner, for the Owner's review and records, written warranties and related documents required by the Contract
Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection
indicating the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with, the Owner to check conformance of the Work with the
requirements of the Contract Documents and to verify the a<;curacy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
§ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the
Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2)
affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, , as an additional service. conduct a meeting with the Owner to
review the facility operations and performance.
AIA Document 6707 T" - 2007 formerly 6151 T° -1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyrighit Law and International Treaties. Unauthorized reproduction or distribution of 12
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
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ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third
column indicate whether the service description is located irl Section 4.2 or in an attached exhibit. If in an exhibit,
identify the exhibit.)
Additional Services Responsibility
(Architect, Owner
or
Not Provided) Location of Service Description
(Section 4.2 below or in an exhibit
attached to this document and
identi ied below)
4.1.1 Pro rammin Architect Refer to Section 2.1
4.1.2 Multi le relimin desi s Architect Refer to Section 2.1
4.1.3 Measured drawin s Not Provided
4.1.4 Existin facilities surve s Not Provided
4.1.5 Site Evaluation and Plannin (B203TM-2007) Architect Refer to Section 2.1
4.1.6 Buildin information modelin Not Provided
4.1.7 Civil en 'neerin Architect Refer to Section 2.1
4.1.8 Landsca e desi Architect Refer to Section 2.1
4.1.9 Architectural Interior Desi n B252TM-2007) Not Provided
4.1.10 Value Anal sis B204TM-2007 Not Provided
4.1.11 Detailed cost estimatin Not Provided
4.1.12 On-site pro'ect representation Not Provided
4.1.13 Conformed construction documents Not Provided
§ 4.1.14 As-designed record
drawin s Not Provided
§ 4.1.15 As-constructed record
drawings Not Provided
4.1.16 Post oceu anc evaluation Not Provided
4.1.17 Facili Su ort Services B210TM-2007 Not Provided
4.1.18 Tenant-related services Not Provided
4.1.19 Coordination of Owner's consultants Architect Refer to Section 2.1
4.1.20 Telecommunications/data desi Not Provided
§ 4.1.21 Security Evaluation and Planning (B206TM-
2007) Not Provided
4.1.22 Commissionin B211TM-2007 Not Provided
4.1.23 Extensive environmentall res onsible desi Not Provided
4.1.24 LEED Certification B214TM-2007 Not Provided
4.1.25 Fast-track desi services Not Provided
4.1.26 Historic Preservation B205TM-2007 Not Provided
§ 4.1.27 Furniture, F~g~Finishines, and
Equipment Design (B253TM-2007) Not Provided
§ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not
further described in an exhibit attached to this document.
Refer to Section 2.1.
§ 4.3 Additional Services may be provided 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 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in
the Architect's schedule.
AIA Document B101 T° - 2007 formerly 81li1 TM -1997). Copyright ®19744, 1978, 1987, 1997 and 2007 by The American Institute Of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
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§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circurrlstances giving rise to the need. The Architect shall not
proceed to provide the following services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED®
certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owrter not rendered in a timely manner or any other failure
of performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.8 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or hearing;
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto;
.9 Evaluation of the qualifications of bidders or persons providing proposals;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
or
11 Assistance to the Initial Decision Maker, if other than the Architect.
§ 4.3.2 To avoid delay in the Construction Phase, the Architc~t shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the
Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt
written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those
services:
.1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner-provided information,
Contractor-prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's
proposals and supporting data, or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker;
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom; or
.6 To the extent the Architect's Basic Services ,ire affected, providing Construction Phase Services 60
days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial
Completion identified in Initial Information, whichever is earlier.
§ 4.3.3 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:
.1 Two ( 2 ~ reviews of each Shop Drawing, Product Data item, sample and similar submittal of
the Contractor
.2 Twenty (20 visits *~by the .Architect over the duration of the Project during desis;n
and construction
Additional trios requested by owner shall be a reimbursable to the architect.
.3 One ( 1 )inspections for any portion of the Work to determine whether such portion of the
Work is substantially complete in accordance with the requirements of the Contract Documents
.4 One ( 1 )inspections for any portion of the Work to determine final completion
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Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14
this AIA® Document, or any portion of it, may result in severe civil and ~eriminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
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§ 4.3.4 If the services covered by this Agreement have not been completed within Eiehteen ( 18 ) months of
the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time
shall be compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding
change in the Project's scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements anti adjoining property and structures; designated wetlands;
adjacent drainage; rights-of--way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements
and trees; and information concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.
§ 5.6 The Owner shall 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
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 maintain professional liability insurance as appropriate to the services provided.
§ 5.7 The Owner shall furnish tests, inspections and reports :required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.8 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.
§ 5.9 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.
§ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services.
AIA Document 6101 T" - 2007 formerly 6151 •'" -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which e~ires on 10!06/2010, and is
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§ 5.11 Before executing the Contract for Construction, the Chvner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land,
rights-of--way, financing, contingencies for changes in the Work or other costs that are the responsibility of the
Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project as required under Sections 5.2, 6.4 alld 6.5. Evaluations of the Owner's budget for the Cost of
the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared
by the Architect, represent the Architect's judgment as a design professional It is recognized, however, that neither
the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of
determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost
of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for
design, bidding and price escalation; to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to make reasonable adjustments in the program and
scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. T'he Architect's estimate of the
Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner
requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under
Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or
budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by 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 progam, 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, without additional compensation, shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The
Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this
Article 6.
AIA Document 8101 T° - 2007 formerly 6151 T'" -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of 16
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possihle
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which e~ires on 10/06/2010, and is
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ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similaz purposes in connection with the Project is not to be construed as publication
in derogation of the reserved rights of the Architect and the .Architect's consultants.
§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for• purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment
of all sums when due, under this Agreement. The Architect shall obtain similaz nonexclusive licenses from the
Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the
Owner's consultants and sepazate contractors, to reproduce applicable portions of the Instruments of Service solely
and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates
this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses azise from the Owner's use of
the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed ganted 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.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other aiising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement 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 aze covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General
Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the
contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
enumerated herein.
§ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question
aiising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
AIA Document 8101 T" - 2007 formerly B1b1 TM -1997). Copyright ®19741, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
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§ 8.2 MEDIATION
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 'The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and
filed with the person or entity administering the mediation. ']['he request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having, jurisdiction thereof.
§ 8.2.4 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. If the Owner and Architect do riot select a method of binding dispute resolution below,
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.)
[ X ] Litigation in a court of competent jurisdiction
[ ] Other (Specify)
§ 8.3 AFI;BITR~IAA4
ARTICLE 9 TERMINATION OR SUSPENSION
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AIA Document 6101 T" - 2007 formerly 6151 TM -1997). Copyright ®1974•, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
not for resale.
User Notes: (844713796)
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§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect''s services. The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is reswned, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services. Thee 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 cwnulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giiving not less than seven days' written notice.
§ 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 ol'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 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.
§ 9.7 Termination Expenses aze in addition to compensation for the Architect's services and include expenses
directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the
Architect's anticipated profit on the value of the services not performed by the Architect.
§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9.
AIA Document 8101 T" - 2007 formerly 81b1 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is
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ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 'This Agreement shall be governed by the law of the place where the Project is located, except that if the
parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to faciilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. 'The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect's materials shall not include
the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide
professional credit for the Architect in the Owner's promotional materials for the Project.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those wl-o need to know the content of such information in order
to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors
whose contracts include similar restrictions on the use of confidential information.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
(Insert amount of, or basis for, compensation.)
Compensation shall be based on a total cost not to exceed S 136.200. BRW will provide monthly invoices for
project hours based on hourly billing rates set forth in Article 11.7 of this agreement..
Project Schedule
We anticipate the followin tg ime periods for the proiect phases.
1. Schematic Design 4 weeks Start 11/10/09 Finish 12/08/09
50% Review
100% Review
2. Design Development 3 weeks Start 12/08/09 Finish 12/29/09
100% Review
AIA Document 8101 TM - 2007 formerly 81b1 T'" -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20
this AIA® Document, or any portion of it, may result in severe civil and c:riminai penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which e~ires on 10/06/2010, and is
not for resale.
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3 Construction Documents 11 weeks Start 12/29/09 Finish 03/16/10
50% Review
95% Review Bldg dept & site development review
100% Review
Total Design 18 weeks
4. Biddin>; 4 weeks Start 03/16/10 Finish 04/13/10
5. Contract Negotiations 4 weeks Start 04/13/10 Finish OS/11/10
6 Building Construction 9 months Start OS/11/10 Finish 02/11/11
Total Proiect 15-16 months
§ 11.2 For Additional Services designated in Section 4.1, 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.)
To be char>;ed at the same hourly rate as the basic services of the contract.
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.)
To be charged at the same hourly rate as the basic services of the contract.
§ 11.4 Compensation for Additional Services of the Architec;t's consultants when not included in Section 11.2 or
11.3, shall be the amount invoiced to the Architect plus pexseii~'~One (1.0 ), or as otherwise stated
below:
§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:
Schematic Design Phase T'wen percent ( 20 %)
Design Development Phase Fifteen percent ( 15 %)
Construction Documents Forty percent ( 40 %)
Phase
Bidding or Negotiation Phase Five percent ( 5 %)
Construction Phase Twenty percent ( 20 %)
Total Basic Compensation one hundred percent ( 100 %)
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the
lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of
the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the Construction Phase is commenced.
Init. AIA Document 8101 T" - 2007 formerly 8151 T'" -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute Of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 21
this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 14:46:09 on 1 0/3 0120 0 9 under Order No.9382348541_1 which expires on 10/06/2010, and is
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User Notes:
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review
practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Employee or Category Rate
Principal $190.00 per hour
Proiect Manaser $160.00 per hour
Proiect Architect $140.00 per hour
Architect $120.00 per hour
Intern Architect I $ 90.00 per hour
Intern Architect II $ 75.00 per hour
Administrative Staff $ 70.00 per hour
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic 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 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by
the Owner;
.8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect's consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and
.11 Other similar Project-related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus pereei~-~6}-One and one-tenth ( 1.10 Zof the expenses incurred.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of
the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:
Not applicable.
§ 11.10 PAYMENTS TO THE ARCHITECT
§ 11.10.1 An initial payment of Zero ($ ~ shall be made upon execution of this Agreement and is the
minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice.
§ 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty days ( 3~
days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon.)
Five Percent (5%) per annum
AIA Document 8101 TM - 2007 /formerly 8751 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 22
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/08/2010, and is
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§ 11.10.3 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.
§ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to 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 Agrcement are; as follows:
Anv element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining
provisions shall continue in force. However, the Owner and the Architect will, in good faith, attempt to replace an
invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to
expressing the intent of the on ig pal provision.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents listed below:
.1 AIA Document B101T"~2007, Standard Form Agreement Between Owner and Architect
.2 A~Pvnt €2A1Tna ~nn~ r~:,.;..,t r~..... ~..,..,.,,,.t n~-.;w:.:c,.,...,.,io.oa ...wo F it,..,,:.,,..
> >"
Other documents:
(List other documents, if any, including Exhibit A, Initial Information, and additional scopes of
service, if ate;-worming part of the Agreement.)
N/A
This Agreement entered into as of the day and year first written above.
OWNER
(Signature)
Steve Fitzgibbons
Citv Manager
City of Port Arthur
(Printed name and title)
ARCHITECT
(Signature)
Mark E. Watford, FAIA
Principal
BRW Architects, Inc.
(Printed name and title)
AIA Document 8101 T" - 2007 formerly B1li1 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute Of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 23
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
~ under the law. This document was produced by AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which e~ires on 10/06/2010, and is
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Certification of Document's Authenticity
AIA® Document D401 T"" - 2003
I, Not Applicable, hereby certify, to the best of my knowledge, information and belief, that I created the attached
final document simultaneously with this certification at 14:46:09 on 10/30/2009 under Order No. 9382348541_1
from AIA Contract Documents software and that in preparing the attached final document I made no changes to the
original text of AIA® Document B101r'" - 2007 -Standard Form of Agreement Between Owner and Architect, as
published by the AIA in its software, other than changes shown in the attached final document by underscoring
added text and striking over deleted text.
(Signed)
(Title)
(Dated)
AIA Document D401 T" - 2003. Copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by
AIA software at 14:46:09 on 10/30/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (844713796)