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Home My WebLink AboutOrdinance No. 02-1360 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. ~c~ ~ / .~ ~© AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WIGINTON~ HOOKER~ JEFFRY ARCHITECTS FOR AN ARCHITECTURAL STUDY OF PRESENT AND FUTURE SPACE NEEDS FOR THE POLICE DEPARTMENT AND MUNICIPAL COURT; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Wiginton, Hooker, Jeffrg Architects for an architectural study of present and future space needs for the police department and municipal court. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City, Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 1st day of April 2002. APPROVED: ATTEST: Patti A. Hicks, Deput} C"ity S~cretary APPROVED AS TO FORM: I~ikel, Cit~~y' 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Agreement Between Owner and Architect wit] StaNdard Form of Architect's SeN:ices This document has important legal consequences. Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1.1 INITIAL INFORMATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 1.2 RESPONSIBILITIES OF THE PARTIES AIA DOCUMENTD401. 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the Second da), of April in the year Two-Thousand Two (In words, indicate da); momh midyear; BETWEEN the Architect's client identified as the Owner: (JVmm; address and other m£ormatibn) The City of The Colony 6800 Main Street The Colony, Texas 75056 and the Architect: (Name, address m~d other information) Wiginton Hooker Jeffry, P.C. - Architect-~ 9696 Skillman, Suite 255 Dallas, Texas 75243 For the following Project: (Include detmTed description o/Project) Architectural Study of Future Needs for Police and Municipal Court, including Conceptual Drawings. The Owner and Architect agree as follows. C' 1997 AIA® ARTICLE 1.1 INITIAL INFORMATION AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the £ol]ow~)~g items by inserting the requested in£ormation or a statement such as "not The American Institute of Architect; appbcabJe, " 'bnknow~ at time o£execut~bn "or "iD be determined later bv mutud agreemem. ") 1735 New York Avenue N.W. The Scope of Services described in the RFP Documents fi'om the RFP #75-02-03 Study Washington, D.C. 20006-5292 dated, February 22, 2002. Specifications and addenda thereof, as prepared by the OWNER, toqether with the ARCHITECTS written Proposal and aqreement of the ARCHITECT to include conceptual © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2OO3. 1 drawinqs in the final document all of which are made a part hereof and collectively evidence and constitute the entire CONTRACT. 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identih, , or describe, if appropngte, proposed use or goals ) See the referenced RFP in Paraqraph 1.1.1. above 1.1.2.2 The physical parameters are: (ldent~, or describe, ~Tapproptiate, m2e, location, dimenmbns, or other pertinent in£ormat~bn, such as geotechm~al reports about the m'te.) To be determined 1.1.2.3 The Owner's Program is: This document has important legal (]deiTtJ~, documeutat~bn or state the manner h~ which the program ~dll be developed.) consequences. Consultation with an To be determined attorney is encouraged with respect to its completion or modification. 1.1.2.4 The legal parameters are: AUTHENTICATION OF THIS ELECTRQNICALL Y DRAFTED AIA (Identz~'pertinent legal in£ormation, including, ir'appropriate, land surv~z~ and legal descriptions and restn~tions o£ the site.) DOCUMENT MAY BE MADE BY USING TO be determined AIA DOCUMENT D401. 1.1.2.5 The financial parameters are as follows. .1Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: To be determined .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: To be determined 1.1.2.6 The time parameters are: (Identil~; i£approptfate, milestone dates, durattbns or fast track scheduling.) Study must be completed within ninety (90) days of the City Council approval of the contract and authorization for the Architect to proceed. 1.1.2.7 The proposed procurement or delive~ method for the Project is: (IdemiG'method such as competitive bzd, negon~ted eom'tact, or co~structwn management.) To be determined 1.1.2.8 Other parameters are: (IdentJ~, Sl>ecial charactenknbs or needs of the Project such as energ); eurT'ronmental or h~toric preservat]bn requ~?ements. ) Not applicable 1.1.3 PROJECT TEAM ~ 1.1.3.1 The Owner's Designated Representative is: ~lllllst_ (Lz~t name, address and other information. ) Joseph T. Clark Chief of Police 5151 North Colony Blvd. The Colony, Texas 75056 ~ 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are © 1997 AIA® required to review the Architect's submittals to the Owner are: AIA DOCUMENT B141 - 1997 (List name, address and other in£ormation.) STANDARD FORM AGREEMENT To be determined The American Institute of Architects 1.1.3.3 The Owner's other consultants and contractors are: 1735 New York Avenue N.W. (List discipline and, i£kuowz~, identil5' them b)'name and address.) Washington, D.C. 20006-5292 Not applicable 1.1.3.4 The Architect's Designated Representative is: (L~t name, address and other in[ormation. ) James O. Wiqinton, AIA Wiginton Hooker Jeffry, P.C. - Architects ce_) 1917, 1926, 1948, 195], 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AtA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b14Laia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 2 9696 Skillman, Suite 255 Dallas, Texas 75243 1.1.3.5 The consultants retained at the Architect's expense are: (List disciph)~e and, ifka;own, identi(v them by name and address.) To be determined 1.1.4 Other important initial information is: Not applicable 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A2o] current as of the date of this Agreement, cra:; fc!!cws: This document has important legal consequences. Consultation with an 1.1.6 The information contained in this Article l.] may be reasonably relied upon by the attorney is encouraged with respect to Owner and Architect in determining the Architect's compensation. Both parties, however, its completion or modification. recognize that such information ma)' change and, in that event, the Owner and the Architect AUTHENTICATION Of THIS shall negotiate appropriate adjustments in schedule, compensation and Change in Services in ELECTRONICALLY DRAFTED AIA accordance with Paragraph ~-3.3. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within ~5 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph ~a.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents l~ submitted by the Architect in order to avoid unreasonable ~telay in the orderly and sequential la.l~ progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph ~.L3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. ~ © 1997 AIA® 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, AIADOCUMENTB141-1997 inspections and reports required by law or the Contract Documents, such as structural, STANDARD FORM AGREEMENT mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. The American Institute of Architects 1735 New York Avenue N.W. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including Washington, D.C. 20006-5292 auditing services, that may be reasonably necessary at an), time for the Project to meet the Owner's needs and interests. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, t966, 1967, 1970, 1974, 1977, 1987, © 1997 Dy The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA viotates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 3 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article x.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph ~.L2.6 and which shall be This document has important legal adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for consequences. Consultation with an periods of time required for the Owner's review, for the performance of the Owner's attorney isencouragedwithrespectto consultants, and for approval of submissions by authorities having jurisdiction over the Project. its completion or modification. Time limits established by this schedule approved by the Owner shall not, except for reasonable AUTHENTICATION OF THIS cause, be exceeded by the Architect or Owner. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be AIADOCUMENTD401. authorized to act on the Architect's behalf with respect to the Proiect. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicator), proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in anv activity, or accept any employment, interest or contribution that would reasonably appear compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of an), errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1 © 1997 AIA® 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and AIA DOCUMENT B141 - 1997 materials furnished by the Owner and equipment designed, specified, selected or specially STANDARD FORM AGREEMENT provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a The American Institute of Architects reasonable allowance for their overhead and profit. In addition, a reasonable allowance for 1735 New York Avenue N.W. contingencies shall be included for market conditions at the time of bidding and for changes in Washington, D.C. 20006-5292 the Work. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 4 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutoi)? and other reserved rights, including copyrights. 1.3.2.2 Upon execution of this Agreement, the Architecl grants to the Owner a nonexclusive This document has important legal license to reproduce the Architect's Instruments of Service solely for purposes of constructing, consequences. Consultation with an using and maintaining the Project, provided that the Owner shall comply with all obligations, attorney is encouraged with respect to including prompt payment of all sums when due, under this Agreement. The Architect shall its completion or modification. obtain similar nonexclusive licenses from the Architect's consultants consistent with this AUTHENTICATION OF THIS Agreement. Any termination of this Agreement prior to completion of the Project shall ELECTRONICALLY DRAFTED AIA terminate this license. Upon such termination, the Owner shall refrain from making further DOCUMENt MAY BE MADE BY USING reproductions of Instruments of Service and shall return to the Architect within seven days of AIA DOCUMENT D401. termination all originals and reproductions in the Owner's possession or control. If and tlpon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. / 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, 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 an), license granted herein to another part)' without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. 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 Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. An), 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. 1.3.2.4 Prior to the Architect providing to the Owner an), Instruments of Service in electronic form or the Owner providing to the Architect an)' electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including an)' special limitations or licenses not otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES © 1997 AIA® 1.3.3.1 Change in Services of the Architect, including services required of the Architect's AIA DOCUMENT B141-1997 consultants, may be accomplished after execution of this Agreement, without invalidating the STANDARD FORM AGREEMENT Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's The American Institute of Architects control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the 1735 New York Avenue N.W. absence of mutual agreement in writing, the Architect shall notify, the Owner prior to providing Washington, D.C. 20006-5292 such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AtA License Number 1013461, which expires on 1/31/2003. 5 Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph L5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5. 1.3.3.2 If anv of the following circumstances affect the Architect's services for the Project, the Architect sha~l be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; This document has important legal .4 significant change in the Project including, but not limited to, size, quality, consequences. Consultation with an complexity, the Owner's schedule or budget, or procurement method; attorney is encouraged with respect to .5 failure of performance on the part of the Owner or the Owner's consultants or its completion or modification. contractors; AUTHENTICATION OF THIS .6 preparation for and attendance at a public hearing, a dispute resolution ELECTRONICALLY DRAFTEDAIA DOCUMENT MAY BE MADE BY USING proceeding or a legal proceeding except where the Architect is parly thereto; AIA DOCUMENT D401. .7 change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising oul of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either part),. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect maI, 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 arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resoh,e claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Indust~' Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall he filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable 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. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ~,: ........... t-~,~-~-othe~ ....... -ia quc~ti0n ariaing-m~-t-~f-~ rclatcd-to ,t.;o Agreement-shat4-be subject 40 arbitration. Prior-to arbitration, thc ?aP, ks ~ endcavor4o- .... ~..^ a; .... ,~ k ..... .~;~,;^.; ...... .~ ....... ;,k n ....... h... © 1997 AIA® AIA DOCUMENT B141 - 1997 ~,.o.o.~ = ~ '~ r,l,;~.,..,,o, disputes ,,,~---~ other -mal4er-s-m question between 4he panics ,k.,,_,, arc ,,,,-~' _ STANDARD FORM AGREEMENT rcsok,cd-bv mediation shall-be decided-by arbitration ;;'hick, unless thc pap, ks mut'..'allv The American Institute of Architects ......................................................... - 1735 New York Avenue N.W. ............................................................................. - Washington, D.C. 20006-5292 m writing -";'~ '~-~ ~'~- ....... 40 .~.:o , ................ l .... ~ ..... Agrccmcnt and '";'~-the ~*~-ncrican *-~-: .... © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 6 dispute .o~ c.t~cr matter-m question ~.~. arisen.-I-.-m~ ....... ~..n ,~.^ dcmand~ --~; .... · ~ ~n~. thc ~atc ..m~_ inst~tuticn~ Icgal~ .... : ......... ~;-~~ ...... - ................... arising ~ foist ~ ,~:~ ~g ........ ~.l, :_.,..~ ~_ ...... ':~':~"~ ;~;"~-~ ~'~- additional entity ................. ~ .......... any ~ .....manner, ~ person ~ nat ~ pa~7 ~- this Agreement, except ~ vaittcn consent cantaining~ spcciSc rcfcrcnce~ this Agreement- and signed ~ ~ Owner, Architect, and any other person ~ entity, sought ~ ~ joined.- Consent ~ arbitration invalving~ additional person ~ entity aka!! nat constitute consent ~- arbitration ~ any -~:~, dispute ~ ~,k~, matter ~ question .... ~ .... :k~ ~ ~ ,,~; ~-~: .........~ ~'~- agrccments~ ~,k; ...... wit~ ~A~;,:~-,1 perso~ ~ ~"*;*'- A..1 ........... n This document has important legal ~ .... :" any couN Saviag :"-: ~ ~ :-' :~- ' k ....c attorney is encourag~ with respect to ....... ~ ..................... its completion or modification. . AUmENT/CAT/ON OF THIS !.3.5.5 TSc award rendered ~~~ arbitrators sSal! ~ Sas!, and ;adgmcnt may- ELECTRONICA~Y DRAFTED AIA DOCUMENT MAY BE MADE BY USING ~A DOCUMENT D40I. 1.3.6 CLAIMS FOR CONSEOUENTIAL DAMAGES The Architect and the Owner waive consequential 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 consequential damages due to either pafly's termination in accordance with Paragraph L3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless othe~ise provided in Paragraph ~.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document ~m, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the paNies to this Agreement pertaining to acts or failures to act shah be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Comp]dion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final CeNJficate for Payment for acts or failures to act occurring after Substantial Completion. In no event shah such statutes of limitations commence to run any later than the date when the Architect's sen,ices are substantially completed. 1.3.7.4 To the extent damages are covered by propeNy insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, ~j. consultants, agents and employees of the other for damages, except such fights as they may have to the proceeds of such insurance as set foNh in the edition of AIA Document General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other ponies enumerated herein. ~ 1997 AIA~ AIA ~UMENT B141 - 1~7 STANDARD FORM AGREEMENT 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. The American institute of Architects 1735 New York Avenue N.W. 1.3.7.6 Unless othe~ise provided in this Agreement, the Mchitect and Mchitect's Washington, D.C. 2~6-5292 consultants shall have no responsibility for the discoveD., presence, handling, removal or disposal of or exposure of persons to hazardous materials or toMc substances in any form at the Project site. ~ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ~ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b14].aia -- 3/20/2~2. AIA License Number 1013461, which expires on 1/31/2~3. 7 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 1.3.7.8 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 ~4 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that This document has important legal would require knowledge, services or responsibilities beyond the scope of this Agreement. consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, AUTHENTICATION OF THIS assigns and legal representatives to the other pan), to this Agreement and to the panners, ELECTRONICALLY DRAFTEDAIA successors, assigns and legal representatives of such other pan), with respect to all covenants of DOCUMENT MAY BE MADE BY USING this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the ma DOCUMENT D401. written consent of the other, except that the Owner ma), assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 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, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of senqces, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and an)' 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. 1.3.8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the Architect shall be compensated for senSces 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 ~ 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 ~ consecutive days, the Architect max,, terminate this Agreement by giving not less than seven days' written notice. 1.3.8.4 This Agreement ma), be terminated by either part), upon not less than seven days' written notice should the other part), fail substantially to perform in accordance with the terms © 1997 AIA® of this Agreement through no faull of the party initiating the termination. AIA DOCUMENT B141 - ]997 STANDARD FORM AGREEMENT 1.3.8.5 This Agreement max,' be terminated by the Owner upon not less than seven days' The American Institute of Architects written notice to the Architect for the Owner's convenience and without cause. 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for sen, ices performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. cO 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, t977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United Stales and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the wolator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 8 ].3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. This document has important legal consequences. Consultation with an 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services attorney is encouraged with respect to and include expenses incurred by the Architect and Architect's employees and consultants its completion or modification. directly related to the Project, as identified in the following Clauses: AUTHENTICATION OF THIS .1 transportation in connection with the Project, authorized out-of-town travel and ELECTRONICALLY DRAFTED AIA subsistence, and electronic communications; DOCUMENT MAY BE MADE BY USING .2 fees paid for securing approval of authorities having iurisdiction over the Proiect; AIA DOCUMENT D401. .3 reproductions, plots, standard form documents, postage, handling and deliver),, of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Proiect or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph ~.5.5; .8 other similar direct Proiect-related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customah~ contributions and benefits related thereto, such as employment taxes and other statutory' employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 1 ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS ~~. 1.4.1 Enumeration of Parts of the Agreement. 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 ma), be 1 amended only by written instrument signed by both Owner and Architect. This Agreement © 1997 AIA® comprises the documents listed below. AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B~4~- 1997. The American Institute of Architects 1735 New York Avenue N.W. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Washington, D.C. 20006-5292 Document B~41q997, or as follows: (List other documents, ~f mO; deb'neati~g Architect ~s scope o£services.) See Paragraph 1.4.2 below © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2OO3. 9 1.4.1.3 Other documents as follows: (List other documents, i£a~) ; forming part oF the Agreement.) See Paragraph 1.1 for other documents (attached) 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: The Architect may be awarded full Architectural Services per AIA Document B141-1997 if the project proceeds with the City's approval. ARTICLE 1.5 COMPENSATION 1.5.] For the Architect's services as described under Article 1.4, compensation shall be computed as follows: For the Study, the Architect shall be compensated on the basis of time spent including all This document has important legal reimbursable expenses with a maximum not to exceed of Fifty-Thousand ($50,000) Dollars. consequences. Consultation with an Time spent and reimbursable expenses compensation shall be per Schedule "A" (attached). attorney is encouraged with respect to its completion or modification. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the AUTHENTICATION OF THIS Architect's compensation shall be adjusted. Such adjustment shall be calculated as described ELECTRONICALLY DRAFTED ,ada below or, if no method of adjustment is indicated in this Paragraph ~.5.2, in an equitable DOCUMENT MA Y BE MADEBY USING manner. AIA DOCUMENT D401. (Insert basis o£compe~sation, including rates and multiples of Direct £ersom~d Expense For Pn)~cipa]s mM employees, a~d identifi' Pn)~c~JaJs and classiO' employees, if required. Identity,, specific ser~qces to which particular methods of compensation app])c ) On the basis of a stipulated fee plus reimbursable expenses - Failing this, on the Basis of time spent Dlus reimbursable expenses per Schedule "A". 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of ( 1.3 ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph ~.3.9.2, and any other items included in Paragraph z5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of ( 1.1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of Dollars (s) 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 ~ at final payment. Subsequent payments for services shall be made monthly, and where ~ applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thirty ( 30 ) days from tkc daw after receipt of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at I 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. © 1997 AIA® (/z~sert rate o£interest agreed upon.) AIA DOCUMENT BI41 - 1997 At the rate of 1.0% per month. STANDARD FORM AGREEMENT (Lisu~. laws m~d requ~?ements under the Federal Truth ~)~ £ending Act, similar state and local consumer credit Jaws The American Institute of Architects and other regulations at the Owner~ and Architect's p~ncipa] places of business, the Jocatioll of tl~e Project alld 1735 New York Avenue N.W. elsewhere mm' affect the va]idit? of this provimbzl. SpecilTc legal adidce shouM be obtained with respect to deletions or Washington, D.C. 20OO6-5292 modifications, mTd also regarding requirement~ such as written dtgc]osures or win'veTs.) © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 10 1.5.9 If the services covered by this Agreement have not been completed within three ( _3 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph L5.2. This,~.~.~.Agreement(,._ ~~qentered into as of the day and year first writtenL. _~,//(p~? ~ .ab°ve' ~/~ _ [~.~.~, OWNER (S~g~]ature) ARCHII'EC:r (S~nature) u.~df),X~ rI ~ /t~,~ James O. Wiginton, President '~Prlllted name alld tilJe) ] - J --7 (Printed ~ame at~d titJe) This docoment bas important legal consequences. Consvltation with an attorney is encooraged with respect to its completion or modification. AUTHENTICATION Of THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. © ]997 AIA(D AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 cC) 1917, 1926, 1948, ]951, 1953, 1958, 1961, 1963, 1966, 1967, ]970, 1974, ]977, 1987, © 1997 by The American Institute of Architects. Reproduction o~ the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b]4].aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Architect's Services: Design and Contract Administration This document has important lesal TABLE OF ARTICLES consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 2.1 PROJECT ADMINISTRATION SERVICES AUTHENnCAnON OF THIS ELECTRONICALLY DRAFTED AIA 2.2 SUPPORTING SERVICES DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. ~ 2.1.2 When Project requirements have been sufficiently identified, the Architect shall ~ prepare, and periodically update, a Project schedule that shall identifi? milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial 1 Completion of the Work. © 1997 AIA® AIA DOCUMENT B141 - 1997 2.1.3 The Architect shall consider the value of alternative materials, building systems and STANDARD FORM AGREEMENT equipment, together with other considerations based on program, budget and aesthetics in developing the design £or the Project. The American Institute of Architects 1735 New York Avenue N.W. 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the Washington, D.C. 20006-5292 design of the Project to representatives of the Owner. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2OO3. 12 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary, estimate of the Cost of the Work. This estimate may be based on current this document has important legal area, volume or similar conceptual estimating techniques. As the design process progresses consequences. Consultation with an through the end of the preparation of the Construction Documents, the Architect shall update attorney is encouraged with respect to and refine the preliminar), estimate of the Cost of the Work. The Architect shall advise the its completion or modification. Owner of an), adjustments to previous estimates of the Cost of the Work indicated by changes AUTHENTICATION OF THIS in Project requirements or general market conditions. If at an), time the Architect's estimate of ELECTRONICALLY DRAFTED AIA the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate DOCUMENT MAYBEMADEBYUSING recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner AIA DOCUMENT D401. shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction / industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid // prices, or over competitive bidding, market or negotiating conditions. Accordingly, the · Architect cannot and does not warrant or represent that bids or negotiated prices will not var), / from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as ma), be necessar), to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.1.7.4 If bidding or negotiation has not commenced within 90 davs after the Architect ~ submits the Construction Documents to the Owner, the budget for the Cost of the Work shall ~li~ be adjusted to reflect changes in the general level of prices in the construction industr), 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: ~m .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; © 1997 AIA® AIA DOCUMENT B141 - 1997 .3 terminate in accordance with Subparagraph 1.3.8.5; or STANDARD FORM AGREEMENT .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. The American Institute of Architects 1735 New York Avenue N.W. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without Washington, D.C. 20006-5292 additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessar)' to comply with the budget for the Cost of the Work. The © 1917, 1926, 1948, 1951, t953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 976141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 13 modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the O~mer's consultants and contractors. 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations this document has important legal · consequences. Consultation with an and utility locations for the site of the Project, and a written legal description of the site. The attorneyis encouraged with respect to surveys and legal information shall include, as applicable, grades and lines of streets, alleys, its completion or modification. pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, AUTHENTICATION OF THIS easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; ELECTRONICALLY DRAFTEDAIA locations, dimensions and necessary data with respect to existing buildings, other DOCUMENT MAYBEMADEBYUSlNG improvements and trees; and information concerning available utility services and lines, both AIA DOCUMENT 9401. public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which ma)' include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with repons and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. 2.3.3 The Architect shall review the Owner's proposed method of contracting for ~,~,,~ construction services and shall notify the Owner of anticipated impacts that such method ma)' ~ have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES 2.4.1 The Architect's design services shall include normal structural, mechanical and m electrical engineering services. © 1997 AIA® AIA DOCUMENT B141 - lgg7 2.4.2 SCHEMATIC DESIGN DOCUMENTS STANDARD FORM AGREEMENT 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall The American Institute of Architects establish the conceptual design of the Project illustrating the scale and relationship of the 1735 New York Avenue N.W. Project components. The Schematic Design Documents shall include a conceptual site plan, if Washington, D.C. 20006-5292 appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 14 modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.4.3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2.4.4 CONSTRUCTION DOCUMENTS This document has important legal consequences. Consultation with an 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design attorney is encouraged with respect to Development Documents and updated budget for the Cost of the Work. The Construction its completion or modification. Documents shall set forth in detail the requirements for construction of the Project. The AUTHENTICATION OF THIS Construction Documents shall include Drawings and Specifications that establish in detail the ELECTRONICALLY DRAFTED AIA quality levels of materials and systems required for the Project. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (2) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if an),. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, ~ General Conditions and Supplementary Conditions, Specifications and Drawings. ~ 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses, mm~m~ 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to © 1997 AIA® prospective bidders and request their return upon completion of the bidding process. The AIADOCUMENT B14]-1997 Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, STANDARD FORM AGREEMENT received from and returned to prospective bidders. The American Institute of Architects 1735 New York Avenue N.W. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Washington, D.C. 20006-5292 Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. © 1917, 1926, 1948, 195l, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 976141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2OO3. 15 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS This document has important legal 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, consequences. Consultation with an General Conditions and Supplementary Conditions, Specifications and Drawings. attorney is encouraged with respect to its completion or modification. 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction AUTHENTICATION OF rillS of Proposal Documents for distribution to prospective contractors. The Owner shall pay ELECTRONICALLY DRAFTEDAIA directly for the cost of reproduction or shall reimburse the Architect for such expenses. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A2m, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that the), are consistent with this Agreement or approved in writing by the Architect. 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. / 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner © 1997 AIA® during the provision of the Contract Administration Services. The Architect shall have AIADOCUMENTB141-1997 authority to act on behalf of the Owner only to the extent provided in this Agreement unless STANDARD FORM AGREEMENT otherwise modified by written amendment. The American Institute of Architects 1735 New York Avenue N.W. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article Washington, D.C. 20006-5292 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 16 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be This document has important legal made in writing within any time limits agreed upon or otherwise with reasonable promptness, consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of AUTHENTICATION OF THIS and reasonably inferable from the Contract Documents and shall be in writing or in the form of ELECTRONICALLY DRAFTED AIA drawings. When making such interpretations and initial decisions, the Architect shall endeavor DOCUMENT MAY BE MADE BY USING to secure faithful performance by both Owner and Contractor, shall not show partiality to AIA DOCUMENT D401. either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (~) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work 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. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 1 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract ~ Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or 1 charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of an), other persons or entities performing portions of the © 1997 AIA® Work. AIA DOCUMENT B't41 - ]997 STANDARD FORM AGREEMENT 2.6.2.3 The Architect shall at all times have access to the Work wherever ii is in preparation or The American Institute of Architects progress. 1735 New York Avenue N.W. Washington, D.C. 20006-5292 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1'his document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 17 through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR This document has important legal 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue consequences. Consultation with an Certificates for Payment in such amounts. The Architect's certification for payment shall attorney is encouraged with respect to · its completion or modification. constitute a representation to the Owner, based on the Architect's evaluation of the Work as AUTHENTICATION OF THIS provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for ELECTRONICALLY DRAFTED AIA Payment, that the Work has progressed to the point indicated and that, to the best of the DOCUMENT MAY BE MADE BY USING Architect's knowledge, information and belief, the quality of the Work is in accordance with AIA DOCUMENT D401. the Contract Documents. The foregoing representations are subject (l) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (z) made exhaustive or continuous on-site inspections to check the qualiW or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 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. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, ~ Contractor or separate contractors, while allowing sufficient time in the Architect's professional ~ judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy, and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract ~ Documents. The Architect's review shall not constitute approval of safely precautions or, unless otherwise specifically stated by the Architect, of an)' construction means, methods, techniques, © 1997 AIA® sequences or procedures. The Architect's approval of a specific item shall not indicate approval AIA DOCUMENT B141 - 1997 of an assembly of which the item is a component. STANDARD FORM AGREEMENT 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied The American Institute of Architects 1735 New York Avenue N.W. by the Contractor in accordance with the requirements of the Contract Documents. Washington, D.C. 20006-5292 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ]987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 18 Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted lo the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the sen,ices, certifications or approvals performed by such design professionals. 2.6.5 CHANGES IN THE WORK 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect ma), authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent wilh the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and this document has important legal Specifications to describe Work to be added, deleted or modified, as provided in Paragraph consequences. Consultation with an 2.8.2. attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or ELECTRONICALLYDRAFTEDAIA Contractor for changes in the Work, including adjustments to the Contract Sum or Contract DOCUMENT MAY BE MADE BY USING Time. A properly prepared request for a change in the Work shall be accompanied by sufficient AIA DOCUMENT D401. supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contracl Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents ~ required by the Contract Documents and assembled by the Contractor, and shall issue a final ~ Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated ~m. Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor © 1997 A~A® of Work to be completed or corrected. AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 2.6.6.3 When the Work is found to be substantial]), complete, the Architect shall inform the The American Institute of Architects Owner about the balance of the Contract Sum remaining to be paid the Contractor, including ]735 New York Avenue N.W. any amounts needed to pay for final completion or correction of the Work. Washington, D.C. 20006-5292 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (l) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of Final © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiralion as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2OO3. 19 payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES This document has important legal consequences. Consultation with an 2.8.1 Design and Contract Administration Services beyond the following limits shall be attorney is encouraged with respect to provided by the Architect as a Change in Services in accordance with Paragraph ~-3.3: its completion or modification. .1 up to two ( _2 ) reviews of each Shop Drawing, Product Data item, sample and AUTHENTICATION Of THIS similar submittal of the Contractor. ELECTRONICALLY DRAFTED AIA .2 up to one ( ~_ ) per week visits to the site by the Architect over the duration of DOCUMENT MAY BE MADE BY USlN6 the Project during construction, mA DOCUMENT D401. .3 up to 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. .4 up to two ( 2 ) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph ~-3-3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful stud), and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation; .3Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the World; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 6o days after the date of Substantial Completion of the Work. © 1997 AIA® AIA DOCUMENT B141 - 1997 2.8.3 The Architect shall furnish or provide the following services only if specifically STANDARD FORM AGREEMENT designated: To be determined when the I~roject moves into the Desiqn Phases The American Institute of Architects Services Responsibility Location of Service 1735 New York Avenue N.W. (Architect, O~wr or Not Provided) Description Washington, D.C. 20006-5292 .1 Programming © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and wilt subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 20 .2 Land Survey Sen, ices · 3 Geotechnical Services .4 Space Schematics/Flow Diagrams · 5 Existing Facilities Surveys .6 Economic Feasibility Studies · 7 Site Analysis and Selection .8 Environmental Studies and Reports · 9 Owner-Supplied Data Coordination ao Schedule Development and Monitoring .n Civil Design This document has important legal .]2 Landscape Design consequences. Consultation with an · ]3 Interior Design attorney is encouraged with respect to .]4 Special Bidding or Negotiation its completion or modification. a5 Value Analysis AUTHENTICATION OF THIS .16 Detailed Cost Estimating ELECTRONICALLY DRAFTED ,adA · x7 On-Site Project Representation DOCUMENT MAY BE MADE BY USING a8 Construction Management AIA DOCUMENTD401. a9 Start-up Assistance .20 Record Drawings .m Post-Contract Evaluation .22 Tenant-Related Services .23 .24 .25 Description of Services. [l~sert desctTptions o/the services des~nated.) ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if an),, are as follows: By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B~4~-1997, that was entered into by the parties as of the date: (Pn)lted na~d ~d ti~e) ~ I (~n)~ted ]mine ~d tiffed ~ 1997 AIA~ AIA ~UMENT B141 - 1~7 STANDARD FORM AGREEMENT The American Institute of Archimcts 1735 New York Avenue N.W. Washington, D.C. 2~6-5292 © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 21 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. © 1997 AIA® AmA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 © 1917, 1926, 1948, 195l, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: 97b141.aia -- 3/20/2002. AIA License Number 1013461, which expires on 1/31/2003. 22