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)