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HomeMy WebLinkAboutRice, Fergus, Miller Agreement for Fire Station Design and ProgrammingMemo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Charlie Butterfield & Mark Niemeyer Date: 12/18/2017 Re: December 19' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 19' City Council Consent Agenda for Council's consideration. Award of RFQ and Approval of Agreement to Rice, Fergus, Miller, Inc. for the "Fire Station 6 Pre -Design & Programming Services" project for a Not -To -Exceed amount of $93,607.00. Recommended Council Action: Award of RFQ and Approval of Agreement to Rice, Fergus Miller, Inc. for the Not -To -Exceed amount of $93,607.00. Thank you for your consideration • Page 1 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 12/15/2017 REQUESTING DEPARTMENT FIRE Project Name: Fire Station 6 Design Services - Programming Project Manager: Mark Neimeyer Contract Amount: $93,607 Contractor/Consultant/Design Engineer: Rice, Fergus, Miller, Inc. Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 7 Budget Available (Purchasing attach report): Department 2210 Yes 0 No ❑ Construction ❑ GL Account 92000 FY Budget: FY18 Task Order ❑ Project Number: 10770 Enhancement: Yes 0 No ❑ Professional Service 0 Equipment ❑ Will the project cross fiscal years? Yes ❑ No ❑ Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑✓ No Date MSA Roster Approved: Typical Award Yes ❑✓ No ❑ If no please state circumstances and conclusion: Date Award Posted: 11/14/2017 7 day protest period ends: November 27, 2017 VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): N/A Rating: N/A Builders Risk Ins. Req'd: Yes ❑ No 0 If yes, has policy been purchased? N/A (Only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel F-1 4 Local of personnel lescription of negotiation process and fee evaluation: Fire Agencies evaluated the RFQ responses. Mark Niemeyer and Charlie Butterfield of Meridian and Mark Wendelsdorf of Caldwell negotiated the fees. Mark Niemeyer :er Supervisor Name VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: 12/18/107 Approval Date By: Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) Date Contract Request Checklist.5.24.2016.Final 7 Document B133TM-2014 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Twelfth day of December in the year 2017 (in words, indicate day, month andy'ear.) ADDITIONS AND DELETIONS: BETWEEN the Architect's client identified as the Owner: The author of this document has added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and c/o Meridian Fire Department Deletions Report that notes added 33 E Broadway Avenue information as well as revisions to #204 the standard form text is available Meridian, ID 83462 from the author and should be reviewed. A vertical line in the left margin of this document indicates and the Architect: where the author has added (Name, legal status, address and other information) necessary information and where the author has added to or deleted Rice Fergus Miller, Inc. from the original AIA text. 275 5th Street, Suite 100 This document has important legal Bremerton, WA 98337 consequences. Consultation with an Telephone Number: 360-377-8773 attorney is encouraged with respect to its completion or modification. for the following Project: (Name, location and detailed description) This document is intended to be used in conjunction with AIA 2017070.00 Meridian Fire Station 6 Documents A201 T69-2007, General Conditions of the Contract for Construction; Al 33T"-2009 Standard Form of Agreement Between Owner and Construction The Construction Manager (if known): Manager as Constructor where the (Name, legal status, address and other information) basis of payment is the Cost of the Work Plus a Fee with a Guaranteed To be Selected Maximum Price; and A134TM-2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the The Owner and Architect agree as follows. Work Plus a Fee without a Guaranteed Maximum Price. AIA Document A201111-2007 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document 0133TM — 2014. Copyright V 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AEA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by APA software t at 17:51:47 on 12118/2017 under Order No. 6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (3I39ADA38) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a slatement .such as "not applicable, " "unknown at time of execution. " or "to be determined later by mutual agreement.') § 1.1.1 The Owner's program for the Project: (Idento documentation or state the manner in which the program will be developed.) As noted in Letter of Proposal dated December 7, 2017 and attached as Exhibit A. § 1.1.2 The Project's physical characteristics: (Identif}' or describe, if'appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundan- and topographic surveys; traffic and unlit}• studies; availability of public and private utilities and services; legal description oflhe site; etc.) § 1,1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown) § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: To be determined. .2 Commencement of construction: Init. AIA Document 6133"' — 2014. Copyright C2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in .� severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by A1A software at 17:51:47 on 1211&2C17 under Order No. 6867148990 which expires on 10131/2018, and Is not for resale. User Notes: (309ADA38) To be determined. .3 Substantial Completion date or milestone dates: To be determined. .4 Other: § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement ttpe) ( X j AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. [ ] AIA Document A134-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling or phased construction are set forth below: (List number and type of bid/procurement packages.) None identified at this time. § 1.1.7 Other Project information: (Identifl, special characteristics or needs of the Project not provided elsewhere, such as the Owner's sustainable objective, if any, or historic preservation requirements) None identified at this time. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information) Division Chief Butterfield Meridian Fire Department 33 E Boardway Avenue #204 Meridian, ID 83462 (Paragraph Deleted) § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (Paragraph Deleted) (List name, address and other information.) Not applicable. § 1.1.10 The Owner will retain the following consultants: (List name, legal status, address and other information.) .1 Construction Manager: Init. AIA Document 8133— — 2014. Copyright 0 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in .3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:47 on 12118/2017 under Order No. 6867148990 which expires on 10/3112018, and is not for resale. User Notes: (3B9ADA38) (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, .state the anticipated date of retention. if the Architect is to assist the Owner in selecting the Construction Manager, complete .Section 4.1.1) .2 Cost Consultant (if in addition to the Construction Manager): (Ifa Cost Consultant is retained, appropriate references to the Cost Consultant should he inserted in Sections 3.3.6, 3.3.7, 3.4.2, 3.4.3, 3.5.4, 3.5.5, 5.4, 6.3, 6.3.1, 6.4 and 11.6) .3 Land Surveyor: .4 Geotechnical Engineer: .5 Civil Engineer: Not by Owner; included in services of Architect. .6 Other consultants: (hist any other consultants retained by the Owner, such as a Project or Program Manager, or scheduling consultant.) None identified at this time. § 1.1. 11 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information.) Ron Easterday Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: Inst. Ath Document 6133— — 2014. Copyright 0 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIADocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software f at 17:51:47 on 12/1812017 under Order No. 6867148990 which expires on 10131/2018, and is not for resale. User Notes: (3139ADA38) (List name, legal status, address and other- information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: KPFF 412 East Parkcenter Blvd, Ste 200 Boise, ID 83706 .2 Mechanical Engineer: Cator Ruma Company 2222 Broadway Avenue Boises, ID 83706 3 Electrical Engineer: Cator Ruma Company 2222 Broadway Avenue Boise, ID 83706 § 1.1.12.2 Consultants retained under Additional Services: Associate Architect: Pivot North Architecture 1101 W Grove St, Boise, ID 83702 Civil Engineering and Landscape Architecture The Land Group 462 E Shore Dr Suite 100, Eagle, ID 83616 1.1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5. The Architect shall not be responsible for actions taken by the Construction Manager- Init. AIA Document 5133— — 2014. Copyright B 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIAF Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA-' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 17:51:47 on 12/1812017 under Order No. 6867148990 which expires on 10131/2018, and is not for resale. User Notes: (3B9ADA38) § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance. The Architect shall maintain the following insurance for the duration of this Agreement, If any of the rcyuircments set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost as set forth in Section 11.8,3. § 2,6.1 Commercial General Liability with policy limits of not less than Two Million Dollars (S 2,000,000.00 ) for each occurrence and Two Million Dollars ($ $2,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned by the Architect and non -owned vehicles used by the Architect with policy limits of not less than One Million Dollars ($ 1,000,000.00 ) per claim and One Million Dollars ($ 1,000,000.00 ) in the aggregate for bodily injury and property damage along with an) other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage as those required under Sections 2.6.1 and 2.6.2. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with policy limits of not less than as required by the State where business is being conducted § 2,6,5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Five Million Dollars (S 5,000,000.00 ) per claim and Five Million Dollars ($ 5,000,000.00 ) in the aggregate. § 2.6.6 The Owner shall be an additional insured on the Architect's primary and excess insurance policies for Commercial General Liability and Automobile Liability. The additional insured coverage shall be primary and non- contributory to any of the Owner's insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. § 2.6.7 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as additional insureds on the Commercial General Liability, Automobile Liability, and any excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner, the Construction Manager, and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. tett AIA Document 6133'*" — 2014. Copyright 0 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected 6y U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in 6 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AtA software J at 17:51:47 on 12118/2017 under Order No. 6867148990 which expires on 1013112018, and is not for retake. User Notes: (389ADA38) § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule of the Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner's review, (2) for the Construction Manager's review, (3) for the performance of the Construction Manager's Preconstruction Phase services, (4) for the performance of the Owner's consultants, and (5) for approval of submissions by authorities having jurisdiction over the Project. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect's services. § 3.1.5 Once the Owner, Construction Manager, and Architect agree to the time limits established by the Project schedule, the Owner and Architect shall not exceed them, except for reasonable cause. § 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming work, made without the Architect's approval. § 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such govertunental authorities and by such entities providing utility services. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project, 3.1.4 ConceptConcept Design and Entitlements: Services as noted in Letter of Proposal dated December 1, 2017 and attached as Exhibit A. § 3.2 Evaluation of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate - NOT INCLUDED IN CONTRACT OR FEE § 3.2.1 Prior to the Owner's acceptance of the Guaranteed Maximum Price proposal or Control Estimate, as applicable, the Architect shall consider the Construction Manager's requests for substitutions and, upon written request of the Construction Manager, provide clarification or interpretations pertaining to the Drawings, Specifications, and other documents submitted by the Architect. The Architect and Construction Manager shall include the Owner on all communications related to substitution requests, clarifications, and interpretations. § 3.2,2 During one of the design phases, the Owner will receive a Guaranteed Maximum Price proposal or Control Estimate, as appropriate, from the Construction Manager. The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate. The Architect's review is not for the purpose of discovering errors, omissions, or inconsistencies; for the assumption of any responsibility for the Construction Manager's proposed means, methods, sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented, the Architect shall promptly notify the Owner and Construction Manager. § 3.2.3 Upon authorization by the Owner, and subject to Section 4.3.1.15, the Architect shall update the Drawings, Specifications, and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate 3.3 Schematic Design Phase Services - NOT INCLUDED IN CONTRACT OR FEE § 3.3.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. Init. AIA Document B1337M — 2014. Copyright a 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software f at 17:51:47 on 1 211 6120 1 7 under Order No. 6667146990 which expires on 10/31/2018, and is not for resale. User Notes: (339ADA36) § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and other initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (l) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating sustainable design approaches, and consideration of the implementation of the Owner's sustainable objective, if any. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 13.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager, for the Owner's approval, a prcliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, implications of sustainable code requirements enacted in the relevant jurisdiction, if any, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other sustainable design services under Article 4. § 3,3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project's size, quality, or budget, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services NOT INCLUDED IN CONTRACT OR FEE § 3.4,1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and Construction Manager's review. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shalt illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. Inst. AIA Document B133TM — 2014. Copyright 0 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:47 on 12/1812017 under Order No. 6867148990 which expires on 1013112018, and is not for resale. User Notes: (3B9ADA38) § 3.4.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase, the .Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services • NOT INCLUDED IN CONTRACT OR FEE § 3.5.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Construction Manager will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.5.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and Construction Manager in the development and preparation of (l) the Conditions of the Contract for Construction (General, Supplementary and other Conditions) and (2) a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7 and obtain the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services - NOT INCLUDED IN CONTRACT OR FEE § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in ALA Document A20 T"i-2007, General Conditions of the Contract for Construction. If the Owner and Construction Manager modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3,6,1.2 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commenecs upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Owner's approval of the Construction Manager's Control Estimate, or the Owner's issuance of a Notice to Proceed to the Construction Manager. Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. Init. AIA Document 8133— — 2014. Copyright @ 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'= Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:47 on 12118/2017 under Order No. 6867148990 which expires on 10/3112018, and is not for resale. User Notes: (3B9ADA38) § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality- of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager. Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3,6.2,3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3,6,2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good 1`aith. The Architect's decisions on matters relating to aesthetic efTect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that tern is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6,3,1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment, or (4) ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment § 3,6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved Inst AIA Document 8133TM — 2014. Copyright @ 2014 by The American Institute of Architects. All rights reserved. WARNING; This AIA' Document is protected by U.S. Copyright Caw and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in 10 severe civil and criminal penahies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software J at 17:51:47 on 12118/2017 under Order No. 6867148990 which expires on 1013112018, and is not for resale. User Notes: (369ADA38) submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Construction Manager's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 if the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services trust satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Construction Manager that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6,5.2 The Architect shall maintain records relative to changes in the Work. § 3,6,6 Project Completion - NOT INCLUDED IN CONTRACT OR FEE § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Construction Manager 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 Construction Manager; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3,6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final Init. AIA Document B133- —2014. Copyright @ 2014 by The American Institute of Architects. All fights reserved, WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51'47 on 12/1a12017 under Order No. 6867148990 which expires on 1 013 112 01 8, and is not for resale. User Notes: (3139ADA38) payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the ,architect shall provide in the second column oJ'the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. IJ'in an exhibit, identifi the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Assistance with selection of the Construction Manager Architect per Exhibit A § 4.1.2 Programming (B202T"t--2009) Architect per Exhibit A § 4.1,3 Multiple preliminary designs NP § 4.1.4 Measured drawings NP § 4.1.5 Existing facilities surveys NP § 4,1,6 Site Evaluation and Planning, (B203Tm-2007) NTP § 4.1.7 Building Information Modeling (F:203TM-2013) NP § 4.1.8 Civil engineering NP § 4.1.9 Landscape design NP § 4.1 .10 Architectural Interior Design (B252TM--2007) NP § 4.1.11 Value Analysis (B204Tm-2007) NP § 4.1.12 Detailed cost estimating NP § 4,1.13 On-site project representation (B207T"-2008) NP § 4.1.14 Contbrined construction documents NP § 4.1 .15 As -Designed Record drawings NP § 4.1.16 As -Constructed Record drawings NP 4.1.17 Post occupancy evaluation NP § 4.1.18 Facility Support Services (B2 I oTm-2007) NP 4.1.19 Tenant -related services NP § 4.1.20 Coordination of Owner's consultants NP § 4.1.21 Telecommunications/data design NP 4.1.22 Security Evaluation and Planning (13206T'I'L2007) NP § 4.1.23 Commissioning (B211 T'&-2007) NP § 4.1.24 Extensive sustainable design services NP § 4.1.25 LEED" Certification (B214T"-)012) NP § 4.1.26 Historic Preservation (6205T"L-2007) NP Init AtA Document 8133TM — 2014. Copyright C 2014 by The American institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in �� severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software 1 at 17:51:47 on 121812017 under Order No. 6867148990 which expires on 10131121118, and is not for resale. User Notes: (3B9ADA38) § 4.1.27 Furniture, Furnishings, and Equipment Design NP B253TNI-2007) 4,1.28 Entitlements Architect per Exhibit A § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4,3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal, or Control Estimate exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes, or equipment; .3 Services necessitated by the Owner's request for extensive sustainable design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED— certification; .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations, or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients, .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the .Architect is parry thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; .12 Assistance to the Initial Decision Maker, if other than the Architect; .13 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .14 Services necessitated by the Owner's delay in engaging the Construction Manager; and .15 Making revisions in Drawings, Specifications, and other documents resulting from substitutions included in the agreed to assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: - NOT INCLUDED IN CONTRACT OR FEE Inst_ AIA Document B133TM —2014. Copyright 0 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA` Document, or any portion or it, may result in 13severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software j at 17:51 47 on 12/18/2017 under Order No. 6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (3139ADA38) .1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Construction Manager's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Construction ;Manager from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Construction Manager -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of the Construction Manager's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: - NOT INCLUDED IN CONTRACT OF FEE .1 ( ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Construction Manager .2 ( ) visits to the site by the Architect over the duration of the Project during construction .3 ( ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents A ( ) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within twelve ( 12 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lice rights. § 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds. § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall furnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Construction Manager to remove and replace previously Init. AIA Document 6133"' — 2014. Copyright ® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in 14 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 17:51-47 on 1211812017 under Order No. 6867148990 which expires on 10131/2018, and is not for resale. User Notes: (3B9ADA38) installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.6 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site, locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, detenninations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall contemporaneously provide the Architect with any communications provided to the Construction Manager about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Managers' general conditions costs, overhead, and profit. The Cost of the Work does not include the compensation of the Architect, the compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. Inst. AIA Document 0133TM —2014. Copyright® 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in s—re civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software 15 1 at 17 51:47 on 1211812017 under Order No. 6867148990 which expires on 10131/2018, and is not for resale. User Notes: (3B9ADA38) § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial information, and may be adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing detailed cast estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect shall work cooperatively with the Construction Manager to conform the cost estimates to one another. § 6.3.2 Subject to Section 4.3, if the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager's estimate and the Cost Consultant's estimate, the Architect shall assist the Cost Consultant and Construction Manager as necessary to conform the estimates to one another. § GA If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phaseexceeds the Owner's budget for the Cost of the Work, the Owncr shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager, revise the Project program, scope, of- quality rquality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall he deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official Init. AIA Document 6133TM — 2014. Copyright 0 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in 1 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 17:51:47 on 12/18/2017 under Order No. 6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (389ADA38) 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. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction Manager, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and ,Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.11 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage_ § 8.1.4 The Architect and 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 party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien Inti AIA Document t3133TM — 2014. Copyright V 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected 6y U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' nocument, or any portion of it, may result in 17 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:47 on 12178/2017 under Order No. 6867148990 which expires on 10131/2018, and is not for resale. User Notes: (3B9ADA38) arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or tiling deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and fled with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subseguentl}, agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Speofv) (Paragraphs Deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall he considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted, § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. [nit. AtA Document B133TM — 2014. Copyright @ 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA`- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'` Document, or any portion of it, may result in 1$ severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software 1 at 17:51:47 on 1 211 8/2 01 7 under Order No. W7148990 which expires on 10/31/2018, and is not for resale. User Notes: (3B9ADA38) § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7, § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for whish the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction, except as modified in this Agreement. The term "Contractor' as used in A201-2407 shall mean the Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10,8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. Init. AIA Document 0133w — 2014. Copyright (P 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in ,fig severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software J at 17:51:47 on 12118/2017 under Order No. 6867148990 which expires on 1 G/3112018, and is not for resale. User Notes: (3139ADA38) ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) As noted in Letter of Proposal dated December 7, 2017 and attached as Exhibit A § 11,2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation app) v ) To be negotiated prior to the performance of Additional Services § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) To be negotiated prior to the performance of additional services. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 1 I.3, shall be the amount invoiced to the Architect plus twelve percent ( 12 %), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: NOT APPLICABLE Schematic Design Phase percent ( %) Design Development Phase percent ( %) Construction Documents Phase percent ( %) Construction Phase percent ( %) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction Manager as constructor project delivery method, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services as appropriate. § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (I ) the Owner -accepted Guaranteed Maximum Price Amendment or Control Estimate, as applicable, or (2) if the Guaranteed Maximum Price proposal or Control Estimate has not been accepted by the Owner, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11,7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If'applicable, attach an exhibit of hourly billing rates or insert them below) Per attached 2017 Billing Rates for Rice Fergus Miller, Exhibit B and Pivot North Architects, Exhibit C Init. AIA Document 8133- — 2014. Copyright C 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ARA` Document, or any portion of it, may result in ZO severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AEA software j at 17:51:47 on 12118/2017 under Order No. 6867148990 which expires on 1 013 11201 8, and 4 not for resale. User Notes: (389ADA38) Employee or Category Rate ($0.00) 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extratiets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents,- .5 ocuments;.5 Postage, handling and delivery, .6 .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; (Paragraph Deleted) .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent ( 10 %) of the expenses incurred. § 11.8.3 If the insurance requirements listed in Section 2.6 exceed the types and limits the Architect normally maintains and the Architect incurred additional costs to satisfy such requirements, the Owner shall reimburse the Architect for such costs as set forth below: Not Applicable. § 11.9 Compensation for Use of Architect's Instruments of Service If the Owner tenninates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: Not Applicable § 11.10 Payments to the Architect § 11.10.1 An initial payment of Zero (S 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of nronthli, or annual interest agreed upon) Legal prevailing rate. § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. telt AIA Document B133— — 2014. Copyright C 2014 by The American Institute of Architects. Alf rights reserved. WARNING: This AIA`- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software 21 / at 17:51:47 on 12/18/2017 under Order No. 6867148990 which expires on 10131/2018, and is not for resale. User Notes: (3B9ADA38) § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Limitation of Liability Rice Fergus Miller's total liability to the Owner for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy (Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of $5,000,000). ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B133Tw-2014, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition (Paragraph Deleted) .2 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement) Exhibit A; Letter of Proposal dated December 1, 2017 Exhibit B; Rice Fergus Miller Billing Rates Exhibit C: Rice Fergus Miller Billing Rate This A ered into as of the ay ear first wri abov . OWNER (Si tall) HITECT (Si twe) ft �w► j V ✓ M ®`r Dave Fergus, Principal (Printed name and title) (Printed name and title) AIA Document B133' —2014. Copyright© 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected Inst. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in 22 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 17:51:47 on 12/18/2017 under Order No. 6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (3B9ADA38) ffico gusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAR December 7, 2017 Division Chief Butterfield 275 Fifth Street, Suite 100 Bremerton, WA 98337 (360) 377-8773 rfmarch.com City of Meridian Fire Department 33 E. Broadway Ave. #210 Meridian, ID 83642 Re: Meridian new Fire Station 6 RFM Project Number: 2017070.00 & 2017117.00 Dear Chief Butterfield, Rice Fergus Miller (RFM) and Pivot North Architecture is pleased to present the following Letter of Proposal to provide professional architectural design and engineering services for a new fire station for the Citiy of Meridian. Rice Fergus Miller and Pivot North Architecture are excited as your Citiy moves forward to maintain and improve the fire and emergency services for your citizens. We are pleased to submit our proposal for the first steps to making your projects a reality. Project Description The Citiy of Meridian has documented needs for new fire service facilities in growing areas of your Citys. A consortium of Cities has joined and selected a roster of architectural teams for use in various fire service projects. As Meridian and Caldwell have similar needs and timeline, it is desirable to design the projects more or less concurrently, taking advantage of common elements and standardization. Both Cities have approximately 2 -acre sites on which to build new Stations with 2-3 apparatus bays based upon a program to be confirmed in the first phase. II. Scope of Services Phase I: Concept Design and Entitlements The project team for the first Phase consists of RFM, Pivot North Architecture, and The Land Group civil engineering and landscape architecture. For this initial Phase all meetings are proposed as joint meetings with the fire department building committees of Meridian and Caldwell. On site meetings will be held at Meridian or Caldwell, as mutually agreed upon. Letter of Proposal Cities of Meridian and Caldwell December 7, 2017 Page z Once Schematic design begins, the unique features of the two individual site designs and neighhborhood character will render individual meetings, hopefully on the same day, most efficient for the fire department building committees. This first Phase consists of two Tasks: Task I: Program Verification/Concept Design Assistance with GCCM Selection: Review GCCM 5OO's and attend one review meeting to discuss findings and recommendations. Workshop I RFM will prep and lead a two-day programming and operational analysis workshop in conjunction with Pivot North Architecture on site to review and confirm draft program elements based upon the concept plan already provided and developing floor and site plan bubble diagrams. This workshop will be held jointly with the planning teams from City of Meridian and City of Caldwell. Day 1: 1/2 -day tours of local fire stations to review pros/cons, likes/dislikes. 1/2 day download from station tours, program verification, standardize building blocks. Day z: 1/2 -day RFM/PNA work session to refine standard building blocks and start space planning. 1/2 -day review updated standard building blocks and first pass at site/space planning. WebEx Meeting PNA on site/RFM WebEx Confirm any remaining program questions and review concept site and floor plan options for both sites. Workshop it RFM will prep and lead a one -day workshop in conjunction with Pivot North Architecture on site to review site and floor plan options and review concept exterior designs. This workshop will be followed by one round of revisions based on the discussion in order to issue concept documents to the selected GCCM for preliminary costing. WebEx Meeting PNA on site/RFM WebEx Review final concept site and floor plans, review final concept exterior designs, review preliminary costs. WebEx Meeting PNA on site /RFM WebEx One round of revisions/updates based on comments regarding preliminary costs. Letter of Proposal Cities of Meridian and Caldwell December 7, 2017 Page 3 Deliverables: Final space program for two stations using common space planning building blocks, concept level site planning, floor plans, and exterior design, suitable for Conditional Use Permit applications for both sites. PNA will attend one process update meeting (Steering Committee or City Council) for Meridian to assist the Chief's presentation and answer questions. Task II: Entitlements Assist City of Meridian with preparation of documents and submittal to annex their site into the City of Meridian and re -zone. PNA to attend one City Council meeting for Annexation Approval. Assist City of Meridian with preparation of documents and submittal for a Conditional Use Permit CUP) PNA to attend one Pre -application meeting, one public meeting forCUP/Zoning approval, and one CUP/Zoning approval hearing. Site survey of two sites, approximately i acres, documenting current topography, boundary, easements, and utilities. III. Owner Responsibilities It is our understanding that the Citiy of Meridian will provide full information, including setting forth its design objectives, constraints and criteria; a legal description, and the services of soil engineers, hazardous materials surveyors, or other consultants when such services are deemed to be necessary. The Owner has already provided a concept sketch on which to base standardized building blocks. IV. Schedule We are ready to begin upon execution of a contact which is expected in December 2017, the first work shop will be scheduled at a mutually agreeable time early in January 2o18. Task l: Program Verification/Concept Design is anticipated to be completed by the end of March 3o:.8, including the costing exercise by the GCCM. Task II: Entitlements: The submission of documents for annexation can begin immediately, concurrent with Task I. The submittal for the CUP's will begin at the completion of Task I and will follow the jurisdictional timelines for public review and comment. V. Compensation For the Services outlined above, compensation shall be computed on an hourly basis at our standard hourly rates, as attached, to a maximum sum of: Letter of Proposal Cities of Meridian and Caldwell December 7, 2017 Page 4 Task I: Concept Design Architectural $ 98,so8 Civil Engineering 020 Total $ 107,128 Concept Design services are proposed to be split So%/So% between City of Meridian and City of Caldwell. City of Meridian Task I Concept Design Not to Exceed Hourly Site Surveys Survey —Meridian Site $ 5,720 Task II: Entitlements - Meridian Annexation and CUP Architectural $23,193 Civil Engineering $ 9.130 Subtotal $ 32,323 Reimbursable Expenses Allowance Consultant travel allowance to be invoiced at cost:$ 4,000 Reimbursable expenses to be split 50%/5o% between City of Meridian and. City of Caldwell. City of Meridian Summary Not to Exceed: Concept Design Services $ 107,128 x 5o%= $ 53,564 Survey—Meridian Site $ 5,720 Entitlements $ 32 32� Subtotal Not to Exceed Labor $ g1,607 Reimbursable Allowance $ 4,000 x 50%= $2,000 Total $ 93,6o7 Permit and Land Use Review/Application Fees Tasks II City Application/Review Fees: Paid direct by the respective Cities VI. Additional Services Services for future phases of Schematic Design, Design Development, Construction Documents, Bidding and Construction Administration phases will be developed as mutually agreed upon at a future date underthe master AIA B-133 agreements with the City of Meridian and the City of Caldwell. Letter of Proposal Cities of Meridian and Caldwell December 7, 2017 Page 5 Future phases will include the services of KPFF structural engineers and Cator-Romma mechanical and electrical engineers. The following services, though they could be provided by RFM and Pivot North Architecture, are not included in our Scope of Basic Services and, if requested, will be billed as Additional Services. • Additional meetings beyond those identified above such as such as additional public meetings and appeal meetings for entitlements; meetings and redesign beyond those stated above to reconcile GCCM costing and budget. • Photo Realistic Renderings, 3-D Physical Modeling • Design Review Board approval • Additional Consultants • Assist City of Caldwell with preparation of documents and submittal for a Conditional Use Permit CUP). • Owner Requested Changes to the Drawings after Approvals • Owner Requested Schedule Extensions • Change in site location VII. Terms of Agreement The enclosed Hourly Billing Rate Sheets, are, by reference, included as a part of this Proposal. A formal AIA B-133 contract will follow with this proposal as an Exhibit. The B-133 agreement will be the master agreement for future tasks with Amendments prepared for specific tasks and compensation. VIII, Summary Thank you for the opportunity to propose on your project; please let us know if you have any questions. We stand ready to prepare the B-133 contracts for approval by Council. We look forward to a fun and collaborative process with all of you. Sincerely, Rice Fergus Miller, Inc. Approved for Rice Fergus Miller by, Ron Easterday, Principal Attachments: RFM Hourly Billing Rates PNA Hourly Billing Rates RafergimmILLER Exhibit B ARCHITECTURE INTERIORS PLANNING VIZLA9 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2017 Hourly Billing Rates Date of Proposal: December 7, 2017 Project: Meridian new Fire Station 6 and Caldwell new Fire Station 3 Concept Design & Entitlements Project No.: 2017070.00 & 2017117.00 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 185.00 - $ 230.00 Project Manager: $ 90.00 - $ 170.00 Project Architect: $ 135.00 - $ 170.00 Technical Designer / Production Support: $ 80.00 - $ 145.00 Interior Designer: $ 80.00 - $ 125.00 Marketing Staff: $ 100.00 Project Coordinator: $ 85.00 Administrative Staff: $ 60.00 - $ 100.00 Graphics Visualization Staff: $ 95.00 Ali Exhibit C PIVOT NORTH architecture Invoicing Billings will be issued at the end of each month and are due within 30 days of the invoice. Any unpaid invoices after 60 days shall accrue 1.5% interest per month from the billing date. Pivot North Architecture 2017 Standard Hourly Rate Table Role Description: Hourly Rate: Principal Architect $145.00 Protect Manager $120.00 Project Designer $110.00 BIM Manager $95.00 Architectural Intern $85.00 Postage At Cost in-house reimbursable costs are as follow: Printing & Reproduction: Color print/copy (8.5" x 11", 11"x17") $1.00 Black & White print/copy (8.5" x 11", 11"x17") $0.08 CD/DVD Duplication $20.00 USB Drive Duplication (less than 2GB) $10.00 Mileage (per mile) $0.54 Postage At Cost *Reproductions, prints, plots, mounting and outside professional services approved by the bent will be billed as a reimbursable expense. 1101 West Grove Street, Boise, Idaho 83702 (208) 690-3108 1 pivotnorthdesign.com City of Meridian RFP NAME: FIRE STATION DESIGN & CONSULTING SERVICES DUE DATE & TIME: SEPTEMBER 1, 2017 4:00 RFP NUMBER: PD -1748-10770 VENDOR Possible MWA Innovate Points Maxey Tookey CTA Cole Architects Design West Rice Fergus Miller - Pivot North Insight Architects Hummer) Architects NeUdesign - Mackenzie LCA Architects Rater 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 Criteria Qualifications of all team members, availability of project manager and firm's prior experience in delivering similar facilities in Idaho and the pacific northwest. (Qualifications) 55 30 45 35 30 37 0 39 48 40 30 38 10 50 53 40 55 49751 40 50 50 50 48 35 53 50 53 55 49 50 44 40 50 50 49 10 40 45 45 52 38 30 50 50 50 53 48 50 47 50 50 53 48 45 Understanding of the assignment and the requirements governing the approach to the delivery of fire station design/remodel and/or other Fire Department facilities. (includes the 3 conceptual renderings) (Demonstrated Competence) 35 20 28 25 30 23 20 25 30 20 25 24 25 30 30 25 35 28 35 25 30 25 30 28 20 33 30 30 35 31 35 26 28 15 30 31 20 20 25 15 32 24 10 30 28 25 33 28 30 25 30 30 33 30 25 Reference Questionnaires 10 7 8 7 8 7 5 5 7 7 7 7 10 7 7 5 6 7 10 8 8 7 8 7 10 10 8 7 10 10 10 5 8 7 4 7 10 5 9 79 7 10 8 7 7 9 7 10 8 7 7 7 6 10 Totals 100 57 81 67 68 67 25 0 0 0 0 0 0 69 85 67 62 69 45 87 90 70 96 84 95 73 88 82 88 83 65 96 88 90 100 90 95 75 76 72 84 87 40 65 79 67 93 69 1 50 88 85 82 195 83 90 80 87 87 93 86 80 365 0 397 522 479 559 1 434 423 523 513 9 7 9 9 9 9 10 10 10 10 10 10 7 6 9 9 8 7 3 6 2 4 6 3 4 6 6 5 1 3 1 5 9 5 7 8 8 8 9 5 8 6 6 4 3 6 3 4 4 5 —3-1--4 AVERAGE 60.83 0.00 66.17 87.00 79.83 93.17 72.33 70.50 87.17 85.50 Selection 9 10 8 S 5 6 7 4 Turned proposal in late Rater 1 Meridian - Mark Niemeyer Rater 2 Nampa - Phil Roberts I Proposal was not sealed Rater 3 Caldwell - Mark Wendelsdorf Rater 4 Star - Greg Timinsky Rater 5 Eagle - Rusty Cofelt Rater 6 Kuna - Perry Palmer IAN„ - City of Meridian REQUEST FOR QUALIFICATIONS FIRE STATION DESIGN & CONSULTING SERVICES SELECTION RFQ NUMBER: FD -1748-10770 DUE DATE & TIME: August 30, 2017 VENDOR SELECTION: (in alphabetical order) Cole Architects NeUdesign Rice Fergus Miller Date Posted: 11-17-2017 Cost Percent and Points Awarded Points Awarded Paramount $143,040.00 40 Varsity $169,777.64 84% 34 Clearview $181,720.00 79% 31 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Repert - Sandra - Unposted Transactions Included In Report 01 - General Fund 2211 - Fire Station #1 From 10/1/2017 Through 9/30/2018 Percent of Budget Remaining 98.72% 98_._72,$ 98.72% 98.72& t Date: 11/5/17 11:30:45 AM Fage: 1 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 59000 Equipment s Supplies __. =255 569_00 328.20 25,2_90.80 Total OPERATING COSTS _ 251569,_00 328.20 _ 25,290._80 DEPT EXPENDITURES 25,569.00 328.20 25,290.60 TOTAL EXPENDITURES 25,569.00 328.20 25,290.80 Percent of Budget Remaining 98.72% 98_._72,$ 98.72% 98.72& t Date: 11/5/17 11:30:45 AM Fage: 1 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 01 - General Fund 2212 - Fire Station #2 From 1.0/1/2017 Through 9/30/2018 OPERATING COSTS 54000 Equipment & Supplies Total OPERATING COSTS DEPT EXPENDITURES TOTAL EXPENDITURES Budget with Amendments Current Year Actual Budget Remaining Percent of Budget Remaining 21 552.00 95.20 21,456.80 99.5696 21.552.00 95.20 21,456.80 99.56% 21,552.00 95.20 21,456.80 99.56% 21,552.00 95.20 21,456.8D 99.56% Date: 11/x/17 11:34:56 AM Page: I City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 01 - General Fund 2213 - Fire Station #3 From 10/1/2017 Through 9/30/2018 Budget with Amendments Current Year Actual Percent of Budget Budget Remaining Remaining OPERATING COSTS 54000 Equipment & Supplies 20,700.00 5.97 20,694.03 99.97% Total OPERATING COSTS __20,700.00 5.97 20,694.03 99.97% DEPT EXPENDITURES 20,700.00 5.97 20,694.03 99.97% TOTAL EXPENDITURES 20,700.00 5.97 20,694.03 99.97% Date: 1116/17 11:35:05 AM Page: 1 54000 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 01 - General Fund 2214 - Fire Station #4 From 10/1/2017 Through 9/30/2016 OPERATING COSTS Equipment & Supplies Total OPERATING COSTS DEPT EXPENDITURES TOTAL EXPENDITURES Budget with Amendments Current Year Actual Percent of Budget Budget Remaining Remaining 21,873.96 119.49 _ 21,754.47 99.45% 21,,973.96 119.49 21.754.47 99.45% 21,873.96 119.49 21,754.47 99.45% 21,873.96 119.49 21,754.47 99.45% Date: 11/6/17 11:35:13 AM Page: 1 04000 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 01 - General Fund 2215 - Fire Station #5 From 10/1/2017 Through 9/30/2018 OPERATING COSTS Equipment & Supplies Total OPERATING COSTS DEPT EXPENDITURES TOTAL EXPENDITURES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 21,896.04 0.00 21,896.04 0.00 21,896.04 0.00 21,896.04 0.00 21,896.04_ 100.00% 21,896.04 100.00% 21,896.04 100.00% 21,896.04 100.00% Date: 11/6/17 11:35:20 PM Page: 1 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 07 - Impact Fund 2210 - Fire Admin From 10/1/2017 Through 9/30/2018 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 92000 Cap Outlay - Bldgs & Struct Carr... Carryforward 3,548,000.04 0.00 3.548,000.04 100.00% Total Capital Outlay 3,548,000.04 0.00 3,548,000.04 100.00% TOTAL EXPENDITURES 3,548,000.04 0.00 3,548,000.04 100.00% Date: 12/18/17 06:41:20 P14 Page: 1