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HomeMy WebLinkAboutResolution 23-06 Geln Partners for Architect Svc for GymTOWN OF WESTLAKE Now 11=01PANIZEEK418910 I 14 WHERE AS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and WHEREAS, the Westlake Athletic Club (WAAC) has secured a donation from a, private donor, who desires these funds to then be granted to the Town, for the direct use for the this agreement with Glenn Partners for the gymnasium remodeling project; and WHEREAS, the agreement is for the Phase 2 of the gym remodeling architect services which will include the design development, construction Documentation and bidding. The estimated cost construction is $1,000,000, Glenn Partners fee are at 7.5% - $75,000.00; and WHEREAS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BiY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION I. That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby deten-nines that it would have adopted this Resolution without the invalid provision. SECTION 3: That, the Town Council of the Town of Westlake, hereby approves the agreement with Glenn Partners as attached as Exhibit " A " authorize Acting Town Manager to make funding changes not to exceed $25,000 on this project. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 22-06 Page I of 2 ATTEST: Amy M. Piukana, Town Secretary L. Stanton Lowry, Town Attorney � I wrt' _t. � I 0. i ED R Scan Kilbride, Mayor TroyM6/er Assistant 3"awn Manager Resolution 22-06 Page 2 of 2 lA DocumentBlOf - 2017 AGREEMENT made as of the 01 day of February in the year 2023 (In words, indicate day, month andyear.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (game, legal status, adds-ess and other information) The author of this document has added Information needed for its The Town of Westlake I Westlake Academy completion. The author may also 26010 JT Ottinger have revised the text of the original Westlake, Texas 76262 AIA standard form. An Additions and Deletions Report that notes added and the Architect: information as, well as revisions to the (Name, legal status, addre3s and other information) standard form text Is avallable from the author and should be reviewed. A Glenn$Partners, PLLC vertical line in the left margin of thls 5646 Wfltcrn Street, Suite 426 document Indicates where the author has added necessary information Dallas, Texas 75206 and where the author has added to or P: 469,930.7655 deleted from the original AIA text. for the following Project: This document has fmportant legal Name, location and detailed description) consequences. Consultation with an attorney is encouraged with respect Westlake Academy I Gymnasium Building Improvements to its completion or modfication. 2600 JT Ottinger Westlake, Texas 76262 The Owner and Architect agree as follows, AlA Document 6101 —2017, Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017,�Ali rights reserved, The American Institute of Architects," "Ame0can Institute of Architects," `AIA," the AIA Logo, and "AAA Contract DccumenW are reglatored trademarks of The American Institute ofArchileds, This document was produced at 18:37:49 CT on 02103/2023 kinder Order No.2114344329which expires on 08/20/2023, is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract 10ccurnsritsO Terms of Service. To report copyright violations, e-mal doclnfo@aiacontracis.corn. User Notes,- CLOUD TEMPLATE 08-21-17 (1667711544) TABLE OF ARTICLES RMMFMto . l M, 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE I INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (F'or each item in this section, insert the information or a statement =ch as "not applicable" or llunlcnown' at time execution, 19 Of § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, Identify documentation that establishes the Owner's program, or state the mariner in which the program will be developed.) The following items are to be included in the project: Gym Building: Gymnasium (7,750 sf): • Replace bleachers. • Explore opportunities to integrate PTO storage, • Improve acoustics. • Replace light fixtures in Gym with LED fixtures. • Replace scoreboard, • Consider options to increase storage room size, • Consider additional volleyball standards to allow for 2 courts in use, • Explore alternate solution for concessions, Locker Rooms (700 s f). • Explore alternate drinking fountain solution • Remove existing showers .and reconfigure Toilet Rooms to increase team area ("halftime space"). • Update all Locker Room finishes, • Update Locker Room lighting. • Potentially increasing dining area located on lower level. AAA U0C=ent131U1 —2017, Copyriigh(01974, 1978,1987,1997,2007 and 2017.* rights reserved, 'The American Institute of Architects." Arnerican Institute of ArrhItectz,—AJA,* the AIA Logo, and "AIA Contact Documents' are registered trademarks of The American Institute of Architects. This documont was produced at 18:37:42 CT on 3210312023 under Order No,2114344329whlch expires on 08120/2023, Is not for resale, Is Ilrensed for one -titre use only, and may only be used In accordance with the AIA Contract DocumentgO Terms of Service. To report copyrfght viclaWns, e-mail doeinfo@aaacortrects.com, User Notes: CLOUD TEMPI -ATE 08-21-17 (1667711544) Public Restrooms (450 so: • Update all finishes. • Update lighting, § 1.1.2Rie Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc) § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6, 1: (Provide total and, if 167own, a line item breakdown.) $1,000,000 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: 06.092022 through 12.31.2022 .2 Construction commencement date: 03,01,2023, subject to change ,.,3 Substantial Completion date or dates: 08.04.2023, subject to change .4 Other milestone dates: 09.01.2023 final completion, subject to change § 1.1.5 The Owner intends the fallowing procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements, or accelerated or fast -track design and construction, multiple bid packages, or phased construction.) Construction Manager at Risk § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, 1fany.) Not Applicable § 11.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AJA Document E204Tm-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7'fhe Owner identifies the following representative in accordance with Section 53: (List name, address, and other contact information.) Troy Meyer The Town of Westlake I Westlake Acaderny AIA n 7* 7 7 7,2 07 eights u 0 8 0 � �0 9 h d,�h anInstituteI.A 'ATorican �nsfltute of r g,nt -.. produced at r 0c a no n a 0 a eod �a"e`no 1 3 no A� n institute A�"eo�-�- '14Y. and be used in under 0 9 1 f. 1 11for orre-ilrne m ' 0 2" L C"' A n, 'r' U Init. Ar 0 "'AIA AA n' I CT on 3 r 1 n' 08� 0 n`o' , _.a .37.4 0210 20 No- 2 1434432 which 1 /2 2� d an .�JtM the, t �J C. trct 0o _.�t. . To_. of S._i.. To report copyright 'i.JtJ.M __.a !lean r accordant. ta._ La - A h f.I _nJr.. N C UD TEMV 0 8-2 1_1 7 2600 JT Ottinger Westlake, Texas 76262 P: 817.490.5735 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) Not Applicable § 1,1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer. .2 Other, if any: (List any other consultants and contractors retained by the Owner,) Material Testing Test and Balance Commissioning 1.1 .10 The Architect identifies the following representative in accordance with Section 23: (List name, address, and other contact information.) Patrick Glenn, AIA GlentilPartners, PLLC 5646 Milton Street, Suite 426 Dallas, Texas 75206 P: 469.9303655 § 1,111 The Architect shall retain the consultants identified in Sections LLI 1.1 and 1.1.11.2: (List name, legal status, address, and other contact in, 1.1,11,11 Consultants retained under Basic Services: .1 Structural Engineer: Thomas Campbell Alpha Consulting Engineers 4975 Preston Park Blvd., Suite 640W Plano, Texas 75093 P: 469.209.0762 I n1t. AIA Document 8101 —2017, C013000 1974, 1978,1987,19,97, 2007 and 2017, All r7g his reserved. "Thee American Institute of Architects,, Amerlcan Institute of Architects,' "AIA,'the AIA Logo, and 'AIA Contract Documents' are regImlared trademarks of The American Institute of Architects. This document was produced at A 18:37:49 CT on 021030123 under Order No.2114344329 which expires on 08120/2023, Is not for resale, is licensed for one -lime use only, and may only be used In accordance with the AIA Contract DocumentsO Terms of SerVice. To report copyright violations, e-mal docinfo@aiacontracts.corn, User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) Mechanical Engineer: Mike Clendenin EMA Engineering and Consulting, Inc, 328 S, Broadway Avenue Tyler, Texas 75702 903.581.2677 Electrical Engineer: Mike Clendenin EMA Engineering and Consulting, Inc. 328 S. Broadway Avenue Tyler, Texas 75702 903.581,2677 Technology Consultant: Mike Clendenin EMA Engineering and Consulting, Inc. 328 S. Broadway Avenue "Tyler' Texas 75702 903.581,26,77 § 1,1.11.2 Consultants retained under Supplemental Services: None § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2The Owner and Architect may rely on the Initial Information, Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data, § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document 0202'rm--2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as, set forth in this Agreement, The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. Init. A A L)ocument8101 —2017. Copyright 1974.1978. 1987,1997, 20107 and 2017. All rights reserved. "The American Institute of Architects," "American institute of Almh1tects,""AIA, I the AIA Logo, and ""AIA Contract Documents" are registered trademarks Of The American, Institute of Architerts. This document was produced at I B;37:49 CT on 02J03/2023 Linder Order No.2�114344329 which expires on 0612012023, Is, not for resale, is licensed for one-time use only, and may only be used in socordance with the NA CoolractDocumentsO Terms of Service. To report copyright viclations, e-mail docinfo@afacontracts,com. User Notes; CLOUD TEMPLATE 08-21-17 (1667711644) § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing under the same or similar circumstances and professional license, as codified in Texas Civil Practice & Remedies Code section 13 0,002 1 (a), hereinafter referred to as the "Standard of Care," In accordance with Texas Civil Practice & Remedies Code section 130.002 1(b) and notwithstanding anything in this Agreement to the contrary, any other provision establishing a different standard of Care other, than the standard described by Texas Cavil Practice & Remedies Code section 130,0021(a) shall be void and unenforceable and the Standard of Care shall instead apply to the Architect's performance of its services, § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2A Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employrnent, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2,51 Commercial General Liability with policy limits of not less than one million (S 1,000,000 ) for each occurrence and two million (S 2,000;000 ) in. the aggregate for bodily injury and property damage, § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not loss than one million ($ $ 1,000,000 ) per accident for bodily bijury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. 2,53 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary arid excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater cdVcrage as the coverages required under Sections 2,5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than one million ($ 1,000,000 ) each accident, one million ($ 1,000,000 ) each employee, and one million ($ 1,000,000 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less, than one million ($1,000,000) per claim and two million ($ 2,000,000) in the aggregate. § 2.5.7 Additional Insured Obligations, To the fullest extent permitted bylaw, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. (Paragraph deleted) ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect"s Basic Services consist of those described in this Article 3 and include the structural, mechanical, and electrical engineering services set forth in this Article 3 and, where provided, in the attached Exhibits to this Agreement. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the owner. AIA.Document B1101 —2DI7.CopMghtCl974,1978,1987,1997,2007 and 2017, All rights reserved, 'The AnneecanInsfitute of Architects,' "American In5tRUteCf Init. Architects," "AIA," the AIA Logo, ard"AIA Contract Docurnents'ere registered trademarks of The American Institute of Architects. This document war. produced at 18:37:49 CT on 02/03/2023 under Order No-2114344329wWch expires on 0812012023, Is not for resale, Is licensed for one -lime use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts,com, User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants; in all events, however, Architect's coordination of its services with Owner's and Contractor's subcontractors or consultants shall be limited to that necessary for consistency of Architect's documents with those of such subcontractors or consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's. consultants and the Contractor and its subcontractors and 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, and the Architect may suspend its services (without penalty and is not liable for any damages during such suspension) until such error, omission, or inconsistency is corrected by Owner or Owner's consultants or contractors. Notwithstanding anything herein to the contrary, however, Architect is, not required to verify the accuracy or completeness of any information furnished by the Owner, the Owner's consultants, or third -parties with whom the Architect has no contract or does not have the ability to direct or control. 3.1.3 As soon as practicable after the date of this Agircernent, 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 orOwner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. Notwithstanding anything herein to the contrary, Owner acknowledges and agrees that any schedule for the provision of Architect's services is an estimate, which may be modified or adjusted due to review by consultants, review and approval of submissions by authorities having jurisdiction over the Project, changes in the scope of the Project, and or delays by the Owner and/or Contractor. Architect shall have no liability for any such delays. § VA The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities, § 3.1 X 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, § 3,12 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and deli -very 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, in its professional opinion, may be reasonably needed for the Project. § 3:.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner., the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components, I'nit. AIA Document B101 —2017, Copyright Q1974,11573,19137, 1997, 2007 and 2017. All tights reserved, 'The American Institute ofArchilects,"Amerloarr Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of 7heAmerican Institute of Architects. This document was produced at 18:37:49 CT on 02/03/2023 under Order No.2114344329 which expires an 06/20/2023, is not for resale, Is licensed farane-lime use only, and may only be used in accordance with the AIA Cc ntract DocumentsO Terms of Service. To report copyright vlaatlons, emall clocinfo@alacorlrtracts,com. User Notaw CLOUD TEMPLATE 08-21.17 (1667711544) § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval, The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing, § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1 A. § 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, 116 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. (Paragraph deleted) § 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 electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance' with Section 6.3 § 3.3.3 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 § 14.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval, The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor, and (3) the Conditions of the Contract for Construction (Genera[, 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 swriple forms. InIt AIA Document 6101 —2017. Copyright(D 1974,1978,1987, 1997,2007 and 2017. All rights reserved. "The American Institute of Architects," "Amer Institute of Architects," AIA," the AIA Logo, and "AIA Contract Documents" aro registered tradomorks of The American Institute of Architects. This document was produced at 13:37:49CT on 02)0312023 under Order No.2114W329 which expires on 0812012023, is not for resale, is licensed for one-time use only, and may onty be used In accordance with the AIA Contract DocumentsQ Terms of Service. To report copyright violations, e-mall docinfoCalocontracts,com, Userftt= CLOUD TEMPLATE 08-21-17 (1667711544) § 3AA The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 1.4.5 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 Procurement Phase Services 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction, § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents, 112.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre -bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, A organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. 3.5.,2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service,, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. 15.3 Negotiated Proposals 3.5,3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the: form of addenda; and, A participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3,6.1 General § 3,6.1.1 The A rchitect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A20 I Tht-2017, 'General Conditions of the Contract for Construction. If the Owner and Contractor modify A_[A Document A201-2017, those, modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement, § 16.11 The Architect shall advise and consult with the Owner during the Construction Phase Services, The Arch I itect 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 breach of the Standard of Care, but shall not have control over or Init. AIA Document B 101— 2017. CopyrightO 1974, 1978, 1987. 1997, 2007 and 2017, All eights resented. "The American Institute of Arch bcts, "'American Institute of Architects," "AIA,' the AIA Logo, andAIA Contract Documents" are registered trademarks of TheAmencan Institute of Architects. This document was produced at 18:37;49 CT on 02d0312023 under harder No.21 14344329 which expires on OW2012023, is not for resale, Is licensed for one -flare use only, and may only be used' In accordance with the AIA Contract DocumenlsO Terms of Service. To report copyright violations, e-mail docInFo@aiacontrads,com. User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work, § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. 3.6.2 Evaluations of the Work 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with (fie 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, Architect's site observation visits do not relieve the Contractor of the obligation to perform work in accordance with the Contract Documents. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work, is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § j.6.23 The Architect shall interpret and decide matters concerning perturmance 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. § 3,6.2A Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.,3 Certificates for Payment to Contractor § 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 forPayment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subjectto (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6-3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, tecbniques, sequences or procedures, (3) reviewed copies of requisitions received fro Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, AEA DocurrontB I a 1 —2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017, All rights reserved. "The American Institute orArchitects,""American Institute of [nit. Architects,' 'AL6,,' the ALA Lop, and 'AIA Contract Occuments' are registered trademarks of The American Insttuta of Architects. This document was produced at 10 18WA9 CT on 02/0312023 under Order No,2114344329 which expires on 0&20=23, Is not for resale, is licensed for rune -tame use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mall docinfo@aialcontracts.com. User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) 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 of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and. the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures, The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.64.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's sea] and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4,2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested, The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness, If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. If Architect responds to a request for information not prepared in accordance with the requirements of the Contract Documents or to a request for information where such information is available from careful review of the Contract Documents, the Architect is entitled to additional compensation as Additional Services. § 3.6.CS The Architect slid maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6-5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Stun or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents, 3.6.5.2 The Architect shall maintain records relative to changes in the Work. 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; 1 issue Certificates of Substantial Completion; AIA Document 13101 — 2017. CopydghtQ 1974, 1978, 1087,1997,2007 and 2017. All rights resmved. 'rho American Inatillulo of Architects," "American Institute of Init. Architects," "AIA," the AIA Logo, and "AJAContract Documente are registered Iradernarks ofThs Amodcan Institute of Architects. This documardwas produced at 18:37:49 CT on 021=2023 under Order No.2114344329 which expires on 08/2012023, is not for resale, is licensed forone-Ilme use only, and may only be used In accordance with the KA Contract Documents'* Terms of Service. To report copyright vlolations, e-mail dooinfo@aiacontracts.com. User Notes: CLOUD TEMPLATE 0a-21-17 (1667711544) .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.61 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to 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, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance, ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. Tile Architect shall, provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in, Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identiflwdSupplemental Service. Insert a description of the Supplemental Services in Section 4.1,2 below or attach the description ofservices as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or notprovided § 4.1.1.1 Pro&ilmming Architect 4.1.1.2 Multiple preliminary designs Architect § 4.1.1,3 Measured drawings Architect § 41 .1 A Existing facilities surveys I Field Verification Architect § 4,1.1.5 Site evaluation and planning Architect 4.1.1,6 Building Information Model management res bilities. Architect 4.1.1.7 D c elopment of Building Information Models for {1st construction use Architect § 4.1.1.8 Civil engineering Not Provided § 4.1.1.9 Landscape design Not Provided § 4.1.1A0 Architectural interior design Architect § 4A1.11 Value analysis Not Provided § 4AA.12 J 4.1.1.13 Detailed cost estimating beyond that rrgrired in -Section 6.3 On -site project representation Not Provided Not Provided NA Occurnent8lol —2017. Copyright C 1974,1978,1987, 199,7,2007 and 2017. Al rights reserved. 'The American Institute of Architepts,"American Institute Of Archliects,'"AIA," the AIA Logo, and 'AIA Contract D000ments' are registered trademarks of The American Institute of Architects. TNs document was produced at I a:37:49 CT on 02/0312023 under Order N0.2114344329 which expires on 08120/2023, is not for resale, Is 3con sad for ono-il me use only, and may only be used in 12 accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail dccInfo@aac;ontracts.com. User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) Supplemental Services Responsibility architect; honer, or not emolded 4.1.1.14 Conformed documents for construction Architect § 4.1.1.15 As -designed record drawings Architect 4.1-1-16 As -constructed record drawinLs Not Provided 41.1.17 Post-occupanc evaluation Not Provided § 4,1.1.18 Facility support services Not Provided § 4,1.1.19 Tenant -related services Not Provided 1 4.1.1.20 Architect's coordination of the Owner's consultants Architect 4,11.21 Telecommunications/data desip- Architect 4.1,11.22 Security evaluation and planning_ Not Provided J 4.1.1.23 Commissioning Not Provided § 4.1A.24 Sustainable Project Services pursuant to Section 4.13 Not Provided § 4,1.1.25 Fast -track design, services Not Provided .J., 4.1.1.26 Multiple bid packages Not Provided J 4.1,1.27 Historic preservation Not Provided § 4.1.1.28 Furniture, furnishings, and eguipment design Not Provided 4:1.1.29 Other services ov_ided byspeci2ltyConsultants Not Provided § 4.1.1.30 Other Supplemental Services (.1 UW w1oleal § 4.1,2 Description of Supplemental Services § 4.121 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4. L I or, ifselforth in an exhibit, identify the exhibit. The AIA publishes a number ofStandard Form of Architect's Services documents thaw can be included as an exhibit to describe the Architects Supplemental Services.) Not Applicable § 4.1-2.2 A description of each Supplemental Service identified in Section 4. 1.1 as the Owner's responsibility is provided below, (Describe in detail the Owner's Supplemental Services identified in Section 4. 1. 1 or, ifset forth in an exhibit,, identify the exhibit.) Not Applicable (Paragraph deleted) § 41 Architect's Additional Services The Architect tray provide Additional Services after execution ofthis Agree mcnt without invalidating the Agrectnent. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 41.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances, giving rise to the need, The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization and shall not be responsible for providing these services without the Owner's written authorization AVA Vacurnen, blul — ZUI f, GopyrightO 1974, 1978, IBB7,1997,2007 and 2017. All rights reserved, "TheAmed 'an Institute of Amb Itects," 'American institute of Architects." "AIA," the AtA Logo, and'AIA Contract Documents" are registered trademarks of The American Institute of Architects. This document was produced at 18:37:413 CT on 02/0312023 under Order N0.2114344329 which expires on 0812012023, is not for resale, is licensed for one-time use only,, and may only bo used in accordance with the AIA Contract DocumontsO Terms of Service, To report copyright violations, e-mall docinfocalecontrarts.com. User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) .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 size, quality, complexity, or the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the Standard of Care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants, or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants, and contractors, or to other Owner -authorized recipients; .6 Preparation of design and 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 entities providing bids or 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 § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances, giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall ctampensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; ,2 Responding to the Contractor's requests for information that are not prepared in 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-, A Evaluating an extensive number of Claims as the Initial Decision Maker; or, ,5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom, § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Weekly visits to the site by the Architect during construction .3 Two (2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents A Two (2) inspections for any portion of the Work to determine final completion, § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services, loft,ArAUocument B101 —2017. Copyright01974,1978,1987, 1997, 2007 and 2017. Ali rights reserved. 'The American Institute of Architects,'"AmerIcan Institute of Architects,'*AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American Institute of Architects,. This document was produced at 18:37:49 CT on 0210312023 under Order No.2114344329 wNch expires on 0812012023, is not for resale, is licensed for one-time use only,, and may onBy be used In 14 accordance with the AIA Contract Documents10 Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com, User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) § 4.2.5 If the set -vices covered by this Agreement have not been completed within twelve ( 12 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shalt be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSINLITIES § 6.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships, flexibility; expandability; special equipment; systems; and site requirements, § 5.2'The Owner shall establish the Owner's budget for the Project, including (1) the budget for the: Cost of the Work as defined in Section 6,1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect, The Owner and the: Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shal I 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 I imitations 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 and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvemnts and trees; and information concerning available utility services an'd lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations, § 5.6 The Owner shall provide the Supplerneatat Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204-Im-2017, Sustainable Projects Exhibit, attached to this Agreement, § 6.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect, Upon the Architect's request, the Owner shall -furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants, The Owner shall furnish the set -vices of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided, § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5,10 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. § 5M 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, and the loft AIA Docurn nt 81 G1 — 2017, Copyright 0 1974,1978,1987, 1997, 2007 and 2017, All rights reserved. "The American Institute crArchitoris,—American Institute of Archltects,"!AIA,' the AIA Logo, and "AIA Contract Documents' ara registered trademarks of The American I ristituto of Architorts. This document was produced at 15, 18:37:49 OT on 02/0312023 under Order No.2114344329 which expires on 06/201202.1„ Is not for resale, is licensed for e�time use only„ and may only be used In accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail dodnfo@alaconatnracts.com. User Notes: CLOUD TEMPLATE 08-21-17 (1657711544) Architect shall have a reasonable time to cure its errors, omissions or inconsistencies as a precondition to any dispute resolution proceedings involving the Owner and the Architect. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Ownershall promptly notify the Architect ofthe substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect, § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement 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. § 114 The Owner shah 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, § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the: Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise: furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5, Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect"s judgment as a design prohssional. 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 recommend reasonable adjustments in the program and scope of the Project, and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shah be based on current area, volume or similar conceptual estimating techniques,. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Doeuments to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market, § 6Z Ifat 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; 1 authorize rebidding or renegotiating of the Project within a reasonable time; AIA Document B101 —2017,Copyright* 1974, 1978, 1987,1997, 2007 and 2017, Ali rfghts reserved, 'The Amerloar Institute of Architects." 'American Institute of Architects,' "AIA,' the AIA Logo, and "AlA Contract OccurneW are registered trademarks of The American Institute ofArchitects, This document was produced at 16 1:8:37-.49CT on 02/03/202I under Order No.2114344329 which expires on 08120/2023, is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract DocumentsO Terms of SerWce. To report copyright violadons, e-mail docinfo@afacontracts.com. User Notes: CLOUD TEMPLATE 0E41-17 (1667711544) .3 terminate in accordance with Section 9:.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative, 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COP'YRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the Copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common, law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Arol-diect's. consultants. § 7.3 The Architect grants to the Owner a nonexclusive license Icense 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 perf6rins its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. 1fthe Architect rightfully terminates this Agreement for cause as provided in Section 9 A, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such Uses. THE OWNER, TO THE, EXTENT PERMITTED BY LAW, FURTHER AGRi ES TO RELEASE THE ARCHITECT AND ITS CONSULTANTS FROM ALL CLAIMS AND CAUSES OF ACTION (INCLUDING ANY NEGLIGENCE CLAIMS) TO THE, ErrE NT SUCH COSTS AND EXPENSES ARISE FROM THE OWNER'S USE OF THE INSTRUMENTS OF SERVICE EITHER (A) ON THIS PROJECT WITHOUT RETAINING THE ARCHITECT THAT ARE NOT THE RESULT OF THE ARCHITECT, 8 BREACH OF THE STANDARD OF CARL, OR (B) IN CONNECTION WITH ANY OTHER PROJECT WITHOUT A SEPARATE WRITTEN AGREEMENT WITH THE ARCHITECT. § '7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement, The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants, § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement, AIA Document 5101 —2017. Copyright@ 1974,1978,1967,1997,2007 and 2017,AM rights reserved, "The American lnstitute of Architects,' "American Inslitute of Inn. Architects,` 1AIA,` the AIA Logo, and "AIA Contract DocumenlV are registered trademarks of The American Institute of Architects, This document was produced at 17 18:37:49 GT on 0210312023 under Order No,2114344329 which expires on 0612012023, Is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail docinfo@aiacontracls,com, User Notes: CLOUD TEMPLATE 08-21 -17 (1667711544) ARTICLE 8 CLAIMS AND DISPUTES 8.1 General 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work, The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8,LL § 8.1 .2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A2012017, General Conditions of the Contract for Construction. The Owner or tile 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. § &13 The Architect and Owner waive special, indirect and consequential damages, including delay damages, for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without litnitation, to all special, indirect, and consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.1.4 In recognition of the relative risks, rewards, and benefits of the Project to both the Owner and Architect, the risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, Architect's total liability to the Owner for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this Agreement from any cause or causes, whether arising out of contract, tort, negligence, warranty, strict liability or any other legal or equitable theory, shall not exceed $500,000.00 or the arnount actually paid by Owner to Architect for Architect's services, whichever is greater. In no event, however, shall the Architect's total liability for any suits or causes of action, including claims for negligence, exceed the: Architect's available amount of professional liability insurance, 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 Archftect'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. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate, demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for aperiod of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2-3 The paxties 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, § 824 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,) ] Arbitration pursuant to Section 8.3 of this Agreement X I Litigation in a court of competent jurisdiction [ ] Other: (Specjfy) AIA Docurrent3lGI —2017. Copylight@ 1974,1976,1987.1997,2007 and 2017, All rig htz reserved. "The American Institute a( Architects.' "American Institute of Archheett,""AA" the AIA Logo, and *AIA Contract Documents` are registered trademarks of The American Institute ofArchitects. This document was produced at 18 18'37:49 CT on 0210312023 under Order No.2114344329 which expires an OB/70/2023, Is not for resale, is licensed for, one-time use only, and may only be used In accordance wb the AIA Contract DocurnentsO Terms of Service, To report copyright violations, e-mai docinfo@aiacontracts.com, User Notes. C LOUD TCMPLATE Da-21-17 (1867711544) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. (Paragraphs, deleted) § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. in the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services, The Architect's fees for the remaining services and the time schedules shall be equitably adjusted, § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the, Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written no I tice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements, § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9,5, or the Architect terminates this Agreement pursuant to Section 93, the Owner shall pay to the Architect the following fees, (Set forth below the amount ofany termination or licensing fee,, or the method. or determining any termination or licensingfee) Termination Fee: Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion, [nit --"UIIIW]LV IV I —zuti. uopyngntQgiu/4,1978,1987,199:7,2007 and 201TAR rights reserved. "The American Institute of Architects,* "American Institute of ArchItec%,—AIA,"the A1A Logo, and WA Contract Documents' are registered trademarks of The American Institute of Architects, This document was produced at 18!37:49 CT on 0210312023 under order No.2114344320 which expires an 0812012023, Is not for resale, is licensed for one-time use only, and may only be used in 19 accordance with ftAIA Contract Documents" Terms of Service. To report copyright violations, e-ma [I docinfo@aiaconitacLs.com, User Notes. CLOUD TEMPLATE 00-21-17 (1667711544) § 9.91 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 93. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules, If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agroemen t to a lender providing financing for the Project if the I ender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 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 facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10,5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. OWNER AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE ARCHITE CT FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF THE (DETECTION, PRESENCE, HANDLING, RE' MOVAL, ABATEMENT, OR DISPOSAL OF ANY ASBESTOS OR HAZARDOUS OR TOXIC SUBSTANCES THAT EXIST ON OR ADJACENT TO THE PROJECT SITE. § 10.7 The Architect shall have die 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. This Section 103 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10A If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section I D.8.1. This Section 10.8 shall survive the termination of this Agreement. § 1 D.E. I The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such Information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section I O.8. AIA Dc umen18101 — 2017, Copyright 1974,1978:,1987,107, 2007 and 2017. All rights reserved. "The Arneric4sn I natitute of Architects"" %morican Institute of Init. Architects,," WA,* the AIA Logo, and "AIA Contract Documents" are registered trademarks of The American, Institute Of Architects, This document was Produced a 18:3749 CT on 02103/2023 under Order No.2114344329which expires on 08/2012023, is rsctfor resale, Is licensed for one ' 20 1 -time use only, and may only be used in accordance w4h the AIA Contract DocumentO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes. CLOUD TEMPLATE 08-21-17 (1607711644) § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining Provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable, In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement, ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows. .1 Stipulated sum (Inseil amount) .2 Percentage Basis (Insert amount) Seven point five (7.5 ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11,6. The Estimated Construction Cost for this project is $1,000,000. The Fee for Basic Services shall be 7.5% of the Cost of Work which equals $75,000, .3 Offier (Describe the method of compensation) § 11.2 For the Architect's Supplemental Services designated in Section 4. 1.1 and for any Sustainability Services required pursuant to Section 4,13, the Owner shall compensate the Architect as follows: (Insert amount of, or basis far, compensation, if necessary, list specific services to which particular methods of compensalion apply) Not Applicable § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) As agreed between the parties in writing, executed prior to the Architect beginning performances of the Additional Services, § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ton percent (100/0), or as follows: (Insert amount of or basis for computing, Architect's consultants I compensation for Supplemental or Additional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage: basis, the proportion of compensation for each phase of services shall be as follows: (Row deleted) Design Development Phase twenty-five percent 25 Construction Documents forty percent 40 0/.) Phase AA Document B-101 —2017. CopyrightO 1974, 978,1987,1997, 2007 and 2017, All rights reserved, "The American Institute OfArchltocts,' "Ameftan Institute of Init. Architects,' "AIA,' the AIA Logo, and 'AlAConlralctDccurnonts" are registered trademarks of The American Institute of Architects. This docurnentwas produced 18,37:49 CT on 02/03M23 under Order N0,21 14344329 which exptres on 0812012023, is not for resale, at 21 Usor Notos, -mall docinfo@alacontracts,corn. accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violaflons, e is licensed, for one-time use only,, arvd may only be used in , CLOUD TEMPLATE W21-17 (1667711544) Procurement Phase Construction Phase five percent 5 %) thirty percent 30 %) Total Basic Compensation one hundred percent too %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of die Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to: the Owner's budget for the Cost of the Work, § 11.6.11 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced, § 11.7 The hourly billing rates for set -vices of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants" normal review practices. (If applicable, attach an: exhibit of hourly billing rates or insert them below.) Refer Hourly Rates listed in the Architect's Fee Proposal dated 06,30.2022, Employee or Category Rate ($0.0!0) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; 2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; ,5 Postage, handling, and delivery; ,6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; A If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; ,11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project -related expenditures, § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus zero percent ( 0 Vo) of the expenses incurred, § 11.9 Architect's Insurance, If the types and limits of coverage required in Section 2,5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the,4rchiteet is required to obtain in order to satisfy the reqtdrements set forth in Section 2.5, andfor which the Owner shall"reimburse the Architect) In t AIA Document B101 —2017" Copyright 1'974,1978, 1987, 1997, 2007 and 2017. All rights reserved, 'The American Institute of Architects,' "American Institute of Architer-ts."'AtA,' &eAIA Logo, and 'AIA Contract Documents" are registered trademarks of The American institute of Architects. This CIOCUMOnt was produced at 1 8:37.49 CT on 0210312023 under Oasrder No.2114344329 which expires an 08/2012023, Is not for resale, Is licensed for one-time uses only, amay only be used I 22 n accordance with the AIA Contract Documents" Terms of Service. To report copyrightholations, e-mail docinfo@aiacontracts.com. Notes: CLOUD TEMPLATE 08-21-17 (1667711544) 11.1'0 Payments to the Architect 11.1011 Initial Payments 11.10,1.1 An initial payment of zero ($ 0 ) 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. § 11.10.12 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero ($ 0 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred, § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's undisputed invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect, (Paragraphs deleted) § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cast of changes in the Work, unless the Architect agrees or has been found liable for the amounts, in a binding dispute resolution proceeding, § 11.10.2.3 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. § 11.10.2.5 The Owner shall make final' payment for services upon receipt of the Architect's undisputed final invoice. Acceptance of the Owner's final payment shall constitute a full and complete release of Owner from any and all claims for payments made by the Owner. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as, follows: (Include other terms and conditions applicable to this Agreement) Not Applicable: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral, This Agreement may be amended only by written instrument signed by both the Owner and Architect. 13.2 This Agreement is comprised of the following docurnents identified below; A AIA Document B JOITK-2017, Standard Form Agreement Between Owner and Architect .2 ATA Document E203T111_2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 inco)poi-algid into this agreement.) Exhibits - (Cheek the appropriate biz for any exhibits incorporated into this Agreement.) AIA Document E204TIMI-201.7, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) AIA Document B101 —2017, Copyright@11974.1978,1987,1957, 2007 and 2017. All righ Is reserved. 'The American ncan Institute of Architect$," 'American Institute of ArchRocts."'AlA,* the AIA Logo, and'AJA Contract Documents'are registered trademarks of The American Institute of krohliects. This document was produced at 18:37:49 CT on 02J0312023 under Order No,2114344329 which expires on 0812012023, is not for resale, is licensed for one-time use only, and may only be used in 23 1 accordance with the AIA Contract DocumentO Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes. CLOUD TEMPLATE 08-21-17 (1667711544) Other Exhibits incorporated into this Agreement: (clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) .4 Other documents: (List other documents, if any, forming part of the Agreement,) Architect Fee Proposal dated 06.30.2022 This A2reernent entered into as of the day and year first written above, OWNER (Signature) Sean Kilbride, Mayor (Printed name, title) AR C H 1TEC7f*i—gnaiu—rq) Patrick Glenn, Partner I Managing Principal (Printed name, title, and license number, if required) AIA D0CumentBl0l —2D17, Copyright V 1974,1978, 1987, 1997, 2007 and nil 7. All rights reserved, "The American Institute of Architects,' "American Ins%tL of Arichitects,"AlA."the AlA Logo, and 'AlACciltractDocuments' are registered trademarks of The American Bnstitute of Architects, This document was produced 18:37:49 CT an 02103/2023 under Order No,2114344329which expires on 0812012023. is not for ressfe, is licensed for one-time use only, and may only be used at 24 User Notes: CLOUD TEMPLATE 08-21-17 accordance with the AIA Contract DocumentsO Terms of Service, To report copyright violations, e-mall dodnfo@aiacontrads.com. in (1667711544) AIA 0 Document B 1010 - 2017 This Additions and Deletlons Report, as definedort page I of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete It, as well as any text the author may have added to or deleted from: the original AIA text, Added text is shown underlined, Deleted text is indicated with a horizontal line through the original AIA text. Nate: This Additions and Deletions Report Is provided for information purposes only and is not Incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:37:49 CT on 02103=23. 921W4 AGREEMENT made: as of the 01 day of February the year 202!3 The Lown of Westlake I Westla L(e Agaidemy 2600 JT,0ttinger Westlake, Texas 76262 GlennIPLrLpers, PLLC 5646 Milton Street Suite 426 Dall tis, Texas, 75206 P: 469,920,7655 Westlake Academy I Gymnasium Bui W iiag improvements 2600, JT Ottinger We,qtlake, Texas 76262 PAGE 2 The follgwing items are to be included in the Droiect! —Gym Building Qymnasip...i L7,750 sf): a Fi eplace bleachers. Explore ppp2q1unWqr to rote rate I TU store c 1w_roy_q_qcLogafiq& Replace lighl 1`1 IxIL i[?n5 in Qym with LED fixtures. 410 Replace scoreboard, a Consider qptions to increase state room sizes sigge, a Consider additional' voCle baVl standards to allow far 2 courts i.n ease. Locker Rooms (700 so, • Exiflore alternate drinking fountain Solution • R.emove existing showers and recco�nfjqre Toilet Rooms to increase team area Malfitime, space"), • Update all Locker Room finishes. Up —date Locker Room lighting, Po�itcnti y inereasin dining area local d on lower, level Public Re8troorns (450 As! Additions and Deletions Report for AJA Document Blot —2017, Copyright(l) 1974,1978,1987,1997, 2007 and 2017. AR eights reserved, "The American institute of AmNtacts," "American Institute of Architects," *AIA," the AIA Logo, and "AJA Contract Documents' are registered trademarks of The American Institute of Architects. This document was produced at 16;37:49 CT on 0210312023 under Order Ho.211434432904 expires on 0612012023, Is not for resale, Is licensed for one-time use only, and may oriiy be used in accordance with the AiA Contract DocumentsO Terms of Service, To report copyright violators, e-mail docinfo@aiacontracts.com. User Notes: CLOUD TEMPLATE 08-21.17 (1667711544) • Update all finishes, • Uodate I ilahtine. PAGE 3 $ 1,000,OLO 06.09.2_022 through 1231.2022 03,01,2023, subjed to change- 08,04M23bjpct to change 09,01,2023 final compI21-ion, subject to change Construction Manager at Risk Not Applicable Troy Mier The Towirl of Westlake I Westlake Academ 26021IDttin er Westlake„Texas76262 P: 817A9 .5735 PAGE 4 NX Applicable .2 C-4vil -3--.2 Other, ffarty; Material Testing Jest and Balance 0", MiLsianane Additions and Deletions Report forAIA Document B101 —2017, CopyrIghtQ 1974,1976, 1907,1997, 2007 and 20�17>. All rights reserved, "The American Institute of Atchilects,"Americ-an Institute of Architects"" Ali the AIA Logo. and "AIA Contract Documents' are trademarks of The American Institute Of Architects. This draft was produced at 18:37:49 CT on 0W03/2023 'under Order N0.2114344329 Which expires on 08l2012023, is notfor resale„ Is licensed for one-time use only, and 2 may only be used in accordance With the AIA ContrartDocurnentsP Terms of Service, To report copyright violations, e-mail docinfo@alacontracts.com, User Notes, CLOUD TEMPLATE 08-21-17 (1667711544) Patrick Glenn, AJA Glerinj_PEaftners, PLLC 5646 Milton Street, Suite 426 Dallas, Texas 75206 P: 46 9,30 7655 Thomas C_a_mab_qLl Alpha Consulting Engin-eers 4975 Preston Park Blvd., S11ite 640 Plano_ Texas 75093 R 469.209.M PAGE 6 Mike Clendenin EMA Engineering and Consulting, Inc. 328 S. Broadway -Avenue Tyler, Texas 75702 203.581.2677 Electrical Engineen Mike CignLenin EMA Engineering and Consulting, Inc. 328 S. Broadwa Avenue Wer, Texas 75702 903.58I.2622 .4 Technology Consultant: Mike Clendenin EMA Engineering and Consulting, Ing, 328 S. Broadway Avenue Tyler, Texas 75702 901581,2677 None None PAGE 6 2.2The Architect shall perform its services consistent with the professional skill and rare ordinarily provided by architects practicing in the sania-e" The Afehitect shall per-r�FV`--- edwoliS15� as mistent with ob pFafessienal skill aH d OaFe an 8Fde;!Y plfogmsa-ef the Projea6under the same or similar circurrigances and professi nal license, as codified in Texas Ci WJtpracticc & Rernedies, Code ggetion 130.0021(a), hereinafter referred to as the"Standard of Care." In accordance with Texas Civil Practice & Remedies Code section 130.0021b) and notwithstanding anything in this Agreement to the contrary , any other Provision establishio-a a different standard of Care other than the standard dese.ribed bv Texas Civil Practice & Remedies Code section 130.0021(a) shall be void and unenforceable and the Standard of Care shall instead apply to the Architect's verfortnance of its services. Additions and Deletions Report forAIA Document B101 — 2017. CopyrightQ 1974, 1974, 1987, 1997, 2007 and 2017>. AN rights reserved, "The American Institute OfArchhectr," 'American Institute of Archltec1s,­AlA,' theAIA Logo, and 'AA Contract Documents' are trademarks of The American Institute of Arclillects. ThIs draft was produced at 18:37:49 CT on 0210312023 under Order No.2114344329 which expires on 08120=23, is not far resale, Is licensed forone4ime, use only, and 3 may only be used in accordance with the AIA Contract DocumentsP Terms of Service. To report copyright violatlons, e-mail docinfo@aaacoiitracts.com. User Notes: CLOUD TEMPLATE 0a-21-17 (1667711544) § 2.5.1 Commercial General Liability with policy limits of not less than one million ($ 1,QDD,000_) for each occurrence and two million ZaQEOGO J in the aggregate for bodily injury and property damage. § 23.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy litaits of not less than one million ($ $1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage,, § 2.5,5 Employers" Liability with policy limits not less than one million (S 1,000,000 ) each accident one million ($ 1,0i each employee, and one million i 1,99Q,000 Q J policy limit. § 2,5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than one million $ !SDD-000 on 0i in the aggregate. J per claim and, byq mil.lig- ZQ9Q,__ § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include ustial aad eustemafy stmetafial, iReel- ankE111, and -ele-wtii eiagirvi s-the structural, mechanical, and electrical engineedAg services se�b h in hi Afficle 3 and, where..Provided, in the: attached Exhibits to this Agreemgq. Services not set forth in this Article 3 are Supplemental or Additional Services. PAGE 7 § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants; in all events, howner Arghitga's coordination of its services with Owner's and Contractor's subcontractors. or constiltants; shall be limited to that neces&4ffqr consistency of Architect's documents with those g such subcontractors or consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants and the Contractor and its subcontractors and 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 ef infall: for any damages duringsuchsuspension) until such error, omissi 1 ,qr inc ons%sten is corrected by Owner or OAnqr s consultants or contractors. _Ngtm Lithstanding anything herein. LQ the contrary, however. Architect is not .0quired IQ verify the accuracy or cram Aeteress ofaLiy information furnished by he MiogK-i�_t _ Qwti the Owner's consultants, or third-pari whom the Architect has no contract or does not have he gbift y to direct or control. § 3.13 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. Notwithstanding anything herein to the contrary, Owner acknowledges and Woes that any schedule modified or adjusted due to review by consuttants, review and approval of submissions by authorities havin jurisdiction over the Project changes in the scope of the Prolect, and or -delays by theOwnerand/or Contractor. Architect shall have no liabiliLy for any skqh In s., deli Additions and Deletions Report for AlA Document i — 2017. CopyrightC 1974, 1978, 1987, 11997,2007 and 20i7>.API r1gi reserved, 'The AmeritcanInsEtute of Architects," 'American I nsdi of Architects,' 'AIA," the AIA Logo, and WA Contract Documents' are trademarks of The American Institute of Architects This draft was produced at 18:37:49CT on 02/0312023 under order No,2114344329 which expires, on0812012023, Is not for rasWe, is licensed for one-time use only, and may only be used In accordance with the AlA Contract DocumantsO Terms, of Service. To report copyright violations, e-mail docinfo@alecontracts,com, User Notes, CLOUD Tt�i 08-21-17 (1667711544) § 3.2.2 The Architect shall prepare: a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the, requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services Oiattdrat, in its professional opinion - may be reasonably needed for the Project. PAGE 8 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 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 +htlmige ets or- emissiens,-brfach of the Standard of Care. 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. PAGE 10 § 3A21 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4,2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. Architect's site observation visits do no' relieve the Contractor of the obligation to Derforrin work in accordance with the Contract Documents. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1), known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. PAGE11 § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information, Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested, The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. Tf appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. if Architect _responds to a request for information not prepared in accordance with the requirements of the Contract Documents or to, a request for information where such information is available from careful rpvigw of the Contract Documents. the Architect is entitled to additional compensation as Additional Services, PAGE 12 4.1.1.1 Programming Architect 4.1.1.2 Multiple preliminary designs Architect § 4.1.1.3 Measured drawinas Architect § 41.1A Existing facilities surveys /Field Verification Architect § 41.1.5 Site evaluation and planning Architect 4.1.1.6 Building Information Modc[ management responsibilities Architect Additions and Deletions ReportforAIA Document 5101 —2017.CopyrughtOI974,1978,1987,1997, 2007and 2017>. All rights reserved. *The American Institute of Architects,' "American Institute of Architects," AlA,' the AIA Logo, and! 'AIA Contract Documents' are trademarks of The American Institute of Architects, This draftwasprodwced at 1&37ADCT on 02/0312023 under Order No,2114344329 which expires on OB/20/2023, is not for resole, is licensed for one-time use only, and 5 may only be used In accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com, User Notes: CLOUD TEMPLATE 08-2.1-17 (1667711544) 4.,1.1.7 _.post Development of Building Information Models for construction use Architect § 4.1,1.8 § 4AA:8 Civil engineering Landscape design NaLEOVYIA9 NQJ Provided § 4.1.1.10 Architectural interior design Architect 9 4.1.1.11 Value analysis No Provided § 4.1,1.12 Detailed cost estimating beyond that required in Section 63 Not Provided § 4.1.1.13 On -site groject representation Not Provided 4.1.1.14 Conformed documents for construction 4.1.1AS As -designed record drawings Architect Architect 4.1.1.16 As -constructed record drawings Not Provided 4.1,1A7 Post-occu2ana evaluation Not Provided 4.1.1.18 Facility support services llot Provided 4.1.1.19 Tenant -related services Not Provided § 4.1,1.20 Architect's coordination of the Owncrls consultants Architect 4.1.1.2'1 Telecommunications/data desigin Architect 4.1.1.22 Security evaluation and planning Not Provided 4.1-1-23 Commissioning Not Provided 4.1,1.24 Sustainable Project Services pursuant to Section 4J , 3 Not Provided A. 4.1.1.25 Fast -track design services Nat Provided ._I..4.1.1.26, Multiple bid pElcse—s Not Provided 4.1.1.27 Historic preservation 4.1.1.28 Furniture, fumjLhingsand equipment design Not Provided &t Provided § 4.1.1.29 Other services provided !?X,spectalty Consultants Not Provided HME" Not Applicable liot Applicable § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need, The Architect shall not Additions and Deletions Report for AIA Document B101 —2017. Copyright 1974, 1978, 1987, 1957, 2,007 and 2017>. AJI rights reserved. 'The Arnerloan Institute of Architects," "American Institute of Architecta,"AlA,"the AIA Logo, and "AIA Contract Dorumenke are trademarks of The Amedcart Institute of Architects. This draft was produced at 1&37.49 CT on: 02/133=3 under Order No.2114344329 wh Irh expires an 08J2012023, Is not for resale, Is licensed forone-time use only, and may only be used In accordance with the AIA Contract Documents4l Terms of Service, To report copyright violations, e-maN'docpnfo@?alacontracts.com. User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) proceed to provide the following Additional Services until the Architect receives the Owner's written authorization and shall ngt be responsible for providing these services without the Owner's written Authorization: J Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, or the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; PAGE 14 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applieable standard of .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals: of the Contractor .2 k-4Ygg�klvisits to the site by the Architect during construction .3 (—Iwo L 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents A Iwq U 2 inspections for any portion of the Work to determine final completion. _ PAGE 16 § 415 If the services covered by this Agreement have not been completed within twelve (L2) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that Iftne shall be compensated as Additional Services, § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of 4eFAe-e-..Servicc and the Architect shall have a reasonable time to cure its errors, omissions or inconsistencies as a orecondition to ativ disoute resolution mceedings involvin the Owner and the Architect PAGE 17 § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. 4;he Qvmef7 "ie ement law4- - indemnify and hGId4AuffAe&94he AmWeet+md 45 all GeSt�q-anj -- apses; ineluding, the GOS4 9f4e ase, related ie XWV terminates R— A 4bf eause under Seutien-SIA-XHE OWNER, TO THE EXTENT PERMITTED BY LAW -1E R AGREES TO ]RELEASE THE ARCHITECT AND ITS , CONSULTANTS FROM ALL , FURTI CLAIMS AND CAUSESOFACTION (INCLUDING ANY NEGLIGENCE CLAIMS) TO TLUCI EXTENT SUCH COSTS AND, E XPENSES ARISE FROM THE OWN ER' R, S USE OF THE INSTRUMENTS OF SERVICE EITHER (A) ON TINS PROJECT WITHOUT RETAINING THE ARCHITECT THAT ARE NOT THE RESULT OF THE ARCHITECT S BREACH OF THE STANDARD 01F CARE, OR (B) IN CONNECTION WITH ANY OTHER PROJECT WITHOUT A SEPARATE WRITTEN AGREEMENT WITH THE ARCHITECT. PAGE 18 § 8-1.3 The Architect and Ownerwaive staecial, indirect and conuential damages including delay damages, for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This, mutual waiver is applicable, without limitation, to all Mcjal, indirect, and consequential damages due to either party's termination of this Agreement, except as specifically provided in Section,93. Additions and Deletions Report for A!ADocument l31Q1 —2017, Copyright 01974,1978, 19B7, 1997,2007 and 2017>. All rights reserved. "The American Institute of Architects," ""American Institute of Architects,"'Alk' the AIALoUD, and "AiA Contract Documents' are trademarks of The Arnerican Institute of Architects, This draft was produced at 1B:37.49 CT on 02JWM23 under Order No.2114344329which expires cn 08120/2023, is not for resale, is licensed for one-time use only, and 7 may only be used In accordance with IheAlA Contract DocumentsO Terms of Service. To report oopyrightviolations, c-maf docinfo@aiacontracts.com, User Notes: CLOUD TEMPLATE 08-21-17 (1667711644) 8.1.4 In recoiznition of the relative risks, rewards, and benefits of the Proiect to both the Owner and Architect, the riAs have been allocated such that the Owner agrees that, to the fullest extent gemilted by law, Architect's total liabili!y to the Owner for any and all injuries, claims, losses, expenses, damages, grdaim expenses arising out of this Agreement from any cam 1i se r causes, whether arising opul of contract, tort, negligence, warranty, strict liabilfty or any other legal or equitable theoishall not exceed $500,000,0Q,er the qmountActually paid by Owner to Architect for Architect's services, whichever is gregaLer. In no event, however -shall the Architect's total liabili1y for any suits ar causes of action, incl u din&glaimsfor negligence. exceed the Architect's ay4ilghle arnount of Rrofessional liability insurance. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by med—i-H, vlxlkob, Unless flie paffies matually agree otherwise, shall be adaiiiiii4ered by the AffieFi Alfbitfation A —mseei --on if] deeer-damee witb k6 GenAmetien IffidustFy Mediage. P—ed—esin effeetoo the date ef tqiis Agreement. -mediation. A request for mediation shall be made in writing, delivered to the, other party to this Agreement, and filed with the person or entity administering the mediation. 7lie 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. ff an arbi rae�, Renetheless ffe --- A 4- 41Re 5010elk)fl efth-e a A it. VA fA --ter(s)-and agive tipei+ a sehedule for later-pfaeeedings, [ X ] lAtigation in a court of competent jurisdiction PAGE 19 § 8.3Arkraflon. DELETED !ONE- 1�6 7 Aoq1vans and uelellons Report for AIA Document 3101 - 2017, Copyright 0 1974, 1978,1987,1997, 2007 and 2017>, All rights reserved, 'The, A cricaninstitute of Architects," "Americans"AmericansInslitute of Architects,' `AIA,' the AiA Logo, and "AIA Contract Documentsare trademarks of The American Institute of Arefiltev1s, This draft was produced at I8L27:49 CT on 0210512023 under Order No.2114 344329 which expires on 013/20=23, is not for resalo, is licensed for one -lime use only, and 8 may only be used In accordance with the AIA Contract DocumentsO Terms of 8orvite, To report copyright violations, o-mail docinfb@afacontracts.com, User Notes: CLOUD TEMPLATE 08-21-17 (1667711544) ...... . . ... PAGE20 § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility forthe discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. OWNER AGREES, TO THE FULLEST EXTENTPE)MITTED BY LAW TO RELEASE ARCHITECT FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF TWE DETECTION, PRESENCE., HANDLING, RFMOVAL. ABATEMENT OR DISPOSAL OF ANY ASBESTOS OR HAZARDOUS OR TOXIC SUBSTANCES THAT EXIST ON OR ADJACENTTO THE PROJECT SITE. PAGE 21 (Inseri per-&mktw-va4w)amounJt + -Seven point �five7j`9 % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11,6. The Estimated Construction Cost for this project is 11 000,000. The Fee for Basic Services shall be 7.5% of the Cost of Work which eguals $75,000. Nq"A p]Licablq Asa reed between the artier in writin TM executed rior to the Architect be ilunirl orformances of the Additional cervices, § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten ercent (44)—,j9L/6),or as follows: sokeffiatie pesign Phase- Pewe44 4) Design Development Phase twenty -flue percent ( 25 %) Construction Docurrients, fq!V- percent ( LO %) Phase Procurement Phase five percent 5 %) Construction Phase LhIM percent 1( NO %) PAGE 22 Re&r,Hourly Rates listed in the Architect's Fee Proposal dated 0630.2022, § 11-8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus zgL9_percent ( 9-1/6) of the expenses incurred. PAGE 23 .Additions and Deletions Report for AIA Document 11101 —2017.Copy(ightQl974,1978,1987,1997, 2007 and 2017>,AlIrights reserved, "The American Institute of Architects," "'American Institute of ArohRects," WA,' the AlA Logo, and WA Contract Dcc"ment$"are trademarks of The American Institute of Architects, This draftwas produced at 18X48 CT on 02/0312023 under Order No.2114344329 which expires on 0812012023, is notfor resale, is licensed for one-time use only, and 9 may only be used in accordance with the AIA Contract DocumontsO Terms of service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes-, CLOUD TEMPLATE 08-21-17 (1667711544) 11.10.11 Ali initial payment of zer .9_($ Q shall be made upon execution of this Agreement and is the minimum payment under, this Agreement. It shall be credited to the Owner's amount in the final invoice, § 11.%1,21 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero-($ P-) shall be made upon execution of this Agreement for registration fees and other fees, payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's undisputed invoice. Amounts unpaid Lh i rty (2D 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. Awer� m4e of fflen�w W-1 § 11.1023 Records, of Reimbursable Expenses, expenses pertaining to Supplemeatakmd-Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times, § 11.10.2.5 The Owner shall make final Rayment for services upon receipt of the Architect's undisouted final invoice. Acceptance of the Owner's final _ngyrnerit shall constitute a full and gginglet p release of Owner from an and all claim� for payments made by the Q_wner, Not Aolicable PAGE24 Architect _Fm Proposal dated 00.30.2022 Sean 1�11 ri C. avor (Printed name _narne title) Patrick GeEn,2artner I Managia&.2liggiRi (Printed name, title, and license number, if required) Additions and Deletions Report for AIA Document B101 — 2017. Copyright 1974, 1978, 1987,1997, 2007 and 201T>.All rights reserved. 'The American Institute of Architects," "American Institute of Architects' "AIA.-the AIAI.ago, and "AlAContract Documents' are trademarks of The American Institute of Architects. This io draftwas produced at 18:37:49 CT on 02/03/2023 under Order No. 2114344329 which expires an OW012023, Is: not for resale, is 11cansed ror one-time use only, and may only be used in accordance with the AJA Contract Documentss, Terms of Service. To report copyright violations, e-maildocinfc>@cdacontracts,com, User Notes-. CLOUD TEMPLATE 06-21-17 (166T711544) FiThatriTa =I# - I, Sharma Craigo:, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification -at 18:37:49 CT on 02/03/2023 under Order No. 2114344329 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAO Document B10IT111 — 2017, Standard Form of Agreement Between Owner and Architect, other than those additions and deletions shown in the associated Additions and Deletions Report. Partner I Managing Principal (Title) (Dated) AIA Document D401 —2003. Copy6qhtQ1992 and 2003, All rights reserved. "The American Institute of Architects,' 'American Institute of Architects," "AIA„" the AIA Logo, and "AIA Contract Document"" are Irkernarks of The Amorican Institute of Architects. This document was produced at 18:37:49 CT on 0210312023 under Order No.2114344329 which expires on 08/2012023, Is not for resole, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documentelb Terms of Service, To report copyright violations, e-mail docinfo@aiacontracts.corn. UserNotes:, CLOUD TEMPLATE 00-21-17 (1667711544)