HomeMy WebLinkAboutCSHQA Architects AIA B133 - 2019 Police Department Improvement Item#14.
AIA Document B133" - 2019
Standard Form of Agreement Between Owner and Architect, Construction Manager as
Constructor Edition
AGREEMENT made as of the 8th day of February in the year 2021
(In words, indicate day, month and year) ADDITIONS AND DELETIONS:
The author of this document has
BETWEEN the Architect's client identified as the Owner: 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,and Idaho Municipal Corporation AIA standard form.An Additions and
c/o Meridian Finance Department Deletions Report that notes added
33 E.Broadway Avenue information as well as revisions to the
Meridian,Idaho 86342 standard form text is available from
the author and should be reviewed.A
vertical line in the left margin of this
and the Architect: document indicates where the author
(Name, legal status, address, and other information) has added necessary information
and where the author has added to or
CSHQA Architects deleted from the original AIA text.
200 Broad Street This document has important legal
Boise,Idaho 83702 consequences.Consultation with an
John Maulin,AIA attorney is encouraged with respect
to its completion or modification.
for the following Project: This document is intended to be used
(Name, location, and detailed description) in conjunction with AIA Documents
A201-2017TM",General Conditions of
Meridian Police Department Headquarters Tenant Improvement the Contract for Construction;
1401 E Watertower St A133-2019TM" Standard Form of
Meridian,Idaho 83642 Agreement Between Owner and
CSHQA Project No.21001.0000 Construction Manager as
Constructor where the basis of
The Construction Manager(if known): payment is the Cost of the Work Plus
(Name, legal status, address, and other information) a Fee with a Guaranteed Maximum
Price;and All 34-2019TM Standard
Kreizenbeck Constructors Form of Agreement Between Owner
11724 West Executive Drive and Construction Manager as
Boise,Idaho 83713 Constructor where the basis of
payment is the Cost of the Work Plus
a Fee without a Guaranteed
The Owner and Architect agree as follows. Maximum Price.AIA Document
A201 T/-2017 is adopted in this
document by reference.Do not use
with other general conditions unless
this document is modified.
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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Item#14.
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of
execution.')
§ 1.1.1 The Owner's program for the Project:
(Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which
the program will be developed.)
As noted in Letter of Proposal revised January 27,2021 and attached hereto as Exhibit A.
§ 1.1.2 The Project's physical characteristics:
(Identify or describe pertinent information about the Project's physical characteristics,such as size;location;
dimensions;geotechnical reports;site boundaries; topographic surveys;traffic and utility studies;availability of public
and private utilities and services;legal description of the site, etc.)
As stated in Exhibit A.
§ 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)
To Be Determined.
§ 1.1.4 The Owner's anticipated design and construction milestone dates:
.1 Design phase milestone dates,if any:
As stated in Exhibit A
.2 Construction commencement date:
As stated in Exhibit A
Init. AIA Document B133T"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
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.3 Substantial Completion date or dates:
To be determined
.4 Other milestone dates:
As stated in Exhibit A
§ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement:
(Indicate agreement type)
[X] AIA Document A133-2019, 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 A134-2019, 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 design and construction,or phased construction are set
forth below:
(List number and type of bid/procurement packages)
None identified at this time.
§ 1.1.7 The Owner's anticipated Sustainable Objective for the Project:
(Identify and describe the Owner's Sustainable Objective for the Project, if any)
None.
§ 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA
Document E234TM-2019, Sustainable Projects Exhibit,Construction Manager as Constructor Edition,into this
Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is
incorporated into this Agreement,the Owner and Architect shall incorporate the completed E234-2019 into the
agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable
Objective.
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.4:
(List name, address, and other contact information)
Stacy Redman
Facilities Project Manager
City of Meridian,Public Works Department
33 E.Broadway Avenue
Meridian,Idaho 83642
sredman@meridiancity.org
(Office Phone)208-489-0374
(Cell Phone)208-985-4234
(Fax)208-898-9551
§ 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:
(List name, address, and other contact information)
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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Not applicable.
§ 1.1.10 The Owner shall retain the following consultants and contractors:
(List name, legal status, address, and other contact information)
.1 Construction Manager:
(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 4.1.1.1)
Kreizenbeck Constructor)
11724 W.Executive Dr.
Boise,ID 83713
208-336-9500
.2 Land Surveyor:
.3 Geotechnical Engineer:
.4 Civil Engineer:
.5 Other consultants and contractors:
(List any other consultants and contractors retained by the Owner.)
None identified at this time.
§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.4:
Dave Davies,AIA
Sr.Project Manager
CSHQA,Inc.
200 W Broad St
Boise,Idaho 83702
Dave.davies@cshqa.com
(208)343-4635
§ 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
(List name, legal status, address, and other contact information)
§ 1.1.12.1 Consultants retained under Basic Services:
.1 Structural Engineer:
See Exhibit A
.2 Mechanical Engineer:
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See Exhibit A
.3 Electrical Engineer:
See Exhibit A
§ 1.1.12.2 Consultants retained under Supplemental Services:
§ 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 the Initial
Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the
Architect's services,schedule for the Architect's services,and the Architect's compensation
§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other
information or documentation in digital form.The parties will use AIA Document E203Tw-2013,Building Information
Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of
digital data.
§ 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols
governing the use of,and reliance on,the information contained in the model and without having those protocols set forth
in AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA
Document G202TM-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's
sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the
building information model,and each of their agents and employees.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is
properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or
shall cause such services to be performed by appropriately licensed design professionals.
§ 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.
§ 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.
Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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§ 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the
requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay
the Architect as set forth in Section 11.9.
§ 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($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,and non-owned vehicles used,by the Architect with policy limits
of not less than One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person,and property
damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily
required automobile coverage.
§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile
Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess
or umbrella liability insurance policies result in the same or greater coverage as the coverages required under
Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than
the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual
payment by the underlying insurers.
§ 2.6.4 Workers' Compensation at statutory limits.
§ 2.6.5 Intentionally Deleted.
§ 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,
with policy limits of not less than Five Million Dollars($5,000,000.00)per claim and Five Million Dollars
($5,000,000.00)in the aggregate.
§ 2.6.7 Additional Insured Obligations.The Architect shall cause the primary and excess or umbrella polices for
Commercial General Liability and Automobile Liability to include the Owner as an additional insured.The additional
insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both
ongoing and completed operations.
§ 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements
in this Section 2.6.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary
structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Supplemental or
Additional Services.
§ 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings,
communicate with members of the Project team,and report progress to the Owner.
§ 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,and shall not be responsible for,the accuracy,
completeness,and timeliness 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.
§ 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's
review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include
design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial
Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time
required for the Owner's review,for the Construction Manager's review,for the performance of the Construction
Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of
submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,
the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction.
§ 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 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of
non-conforming work,made or given without the Architect's written approval.
§ 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to
approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to
applicable design requirements imposed by those authorities and entities.
§ 3.1.7 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.
§ 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the
Owner's approval of the Construction Manager's 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 in communications related to substitution
requests,clarifications,and interpretations.
§ 3.1.9 Concept Design and Entitlement Support Services as noted in Exhibit A
§3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT
INCLUDED IN CONTRACT OR FEE
§ 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall
prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum
Price proposal or Control Estimate.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.
§ 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,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
§ 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.
§ 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(1)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.The Architect
shall reach an understanding with the Owner regarding the requirements of the Project.
Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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§ 3.3.4 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 preliminary 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 Construction Manager's review and the Owner's approval.The Schematic Design Documents shall
consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and
elevations;and may include some combination of study models,perspective sketches,or digital representations.
Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in
writing.
§ 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,
together with other considerations based on program and aesthetics,in developing a design that is consistent with the
Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable
design services as a Supplemental Service under Section 4.1.
§ 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 program,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,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
§ 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,the Architect shall prepare Design
Development Documents for the Construction Manager's review and the Owner's approval.The Design Development
Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall
illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and
other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical
systems,and other appropriate elements.The Design Development Documents shall also include outline specifications
that identify major materials and systems and establish in general their quality levels.
§ 3.4.2 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
§ 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
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Documents for the Construction Manager's review and the Owner's approval. The Construction Documents shall
illustrate and describe the further development of the approved Design Development Documents and shall consist of
Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and
other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the
Work,the 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 the design requirements of governmental authorities having jurisdiction over the
Project into the Construction Documents.
§ 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(1)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 request the Owner's approval of the
Construction Documents.
§ 3.6 Construction Phase Services
§ 3.6.1 General
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as
set forth below and in AIA Document A201Tw-2017,General Conditions of the Contract for Construction.If the Owner
and Construction Manager modify AIA Document A201-2017,those modifications shall not affect the Architect's
services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used
in A201-2017 shall mean the Construction Manager.
§ 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences 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 by a written agreement between the Owner and Construction Manager
which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or
approval. Subject to Section 4.2,and except as provided in Section 3.6.6.5,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.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in
Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to
determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully
completed,will be in accordance with 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 promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the
most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in
the Work.
Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the
Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the
Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or
completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager,
Subcontractors,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 faith.The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents,subject to written approval of the Owner.
§ 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as
that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the
Owner and 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,the quality of the Work is in accordance with the Contract Documents,and that the Construction
Manager is entitled to payment in the amount certified. The foregoing representations are subject to(1)an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and
inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific
qualifications expressed by the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive
or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,
techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and 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 of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the
approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while
allowing sufficient time,in the Architect's professional judgment,to permit adequate review.
§ 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the 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 construction means,methods,techniques,
sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which
the item is a component.
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§ 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 must satisfy.The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction
Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the
Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be
responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such
design professionals.
§ 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract
Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.
Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such
requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If
appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests
for information.
§ 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 Subject to Owner's approval,the Architect may order minor changes in the Work that are consistent with the
intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract
Time. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect shall:
.1 conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion;
.2 issue Certificates of Substantial Completion;
.3 forward to the Owner,for the Owner's review and records,written warranties and related documents
required by the Contract Documents and received from the Construction Manager;and
.4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the
Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract
Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the
requirements of the Contract Documents and(2)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 Substantial Completion has been achieved,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 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.
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ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
§ 4.1 Supplemental Services
§ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect
shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's
responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically
addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed
Supplemental Service is not being provided for the Project.
(Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by
indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a
description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this
Agreement.)
Supplemental Services Responsibility
Architect, Owner, or notprovided)
4.1.1.1 Assistance with Selection of Construction Manager Not Provided
4.1.1.2 Programming Architect per Exhibit A
4.1.1.3 Multiple Preliminary Designs Not Provided
4.1.1.4 Measured drawings Not Provided
4.1.1.5 Existing facilities surveys Not Provided
4.1.1.6 Site evaluation and planning Not Provided
4.1.1.7 Building Information Model management responsibilities Not Provided
§ 4.1.1.8 Development of Building Information Models for post Not Provided
construction use
4.1.1.9 Civil engineering Not Provided
4.1.1.10 Landscape design Not Provided
4.1.1.11 Architectural interior design Architect per Exhibit A
4.1.1.12 Value analysis Not Provided
4.1.1.13 Cost estimating Not Provided
4.1.1.14 On-site project representation Not Provided
4.1.1.15 Conformed documents for construction Not Provided
4.1.1.16 As-designed record drawings Not Provided
4.1.1.17 As-constructed record drawings Not Provided
4.1.1.18 Post-occupancy evaluation Not Provided
4.1.1.19 Facility support services Not Provided
4.1.1.20 Tenant-related services Not Provided
4.1.1.21 Architect's coordination of the Owner's consultants Not Provided
4.1.1.22 Telecommunications/data design Architect per Exhibit A
4.1.1.23 Security evaluation and planning Not Provided
4.1.1.24 Commissioning Not Provided
4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided
4.1.1.26 Historic preservation Not Provided
4.1.1.27 Furniture,furnishings,and equipment design Not Provided
§ 4.1.1.28 Other services provided by specialty Consultants Not Provided
4.1.1.29 Other Supplemental Services Not Provided
4.1.1.30 Entitlements Architect per Exhibit A
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§ 4.1.2 Description of Supplemental Services
§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is
provided in Exhibit A.
(Paragraph deleted)
Telecommunication Design to consist of rough-in design only.All other aspects of design and equipment selection by
Owner's Vendor.Entitlements to consist of Building Permit form Authorities Having Jurisdiction(AHJs).
§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided
below.
(Paragraphs deleted)
None
§ 4.1.3 Intentionally Deleted.
§ 4.2 Architect's Additional Services
The Architect may provide Additional Services 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 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the
Architect's schedule.
§ 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with
reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to
provide the following Additional 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 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 enactment or revision of codes,laws,or regulations,including changing or
editing previously prepared Instruments of Service;
.4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of
applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable
authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to
requirements of the Instruments of Service when those Instruments of Service were prepared in accordance
with the applicable standard of care;
.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 models or other design documentation 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 party thereto;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or
.11 Assistance to the Initial Decision Maker,if other than the Architect;
.12 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;
.13 Services necessitated by the Owner's delay in engaging the Construction Manager;
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.14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon
assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control
Estimate;and
.15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions
included in the Guaranteed Maximum Price Amendment or Control Estimate.
§ 4.2.2
(Paragraphs deleted)
Intentionally Deleted.
§ 4.2.3 Intentionally Deleted.
.1
(Paragraphs deleted)
§ 4.2.4 Intentionally Deleted
§ 4.2.5 Subject to Owner's prior written approval,if the services covered by this Agreement have not been completed
within the timeline set forth in Exhibit A,through no fault of the Architect,extension of the Architect's services beyond
that time may 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.
§ 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 establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as
defined in Section 6.1; (2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The
Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final
completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner
shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction
Manager,shall thereafter agree to a corresponding change in the Project's scope and quality.
§ 5.3.1 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 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.
§ 5.4 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.
§ 5.5 The Owner shall furnish surveys to describe physical characteristics,and legal limitations for the site of the Project.
The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining
property and structures;designated wetlands;adjacent drainage;rights-of-way,restrictions,easements,encroachments,
zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect
to existing buildings,other 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.
§ 5.6 The Owner shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations
of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and
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resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate
recommendations.
§ 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1.
§ 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in
AIA Document E234T'4--2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to
this Agreement.
§ 5.9 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 as the responsibility
of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect
requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall
require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to
the services or work provided.
§ 5.10 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.
§ 5.11 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.
§ 5.12 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.
§ 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect
the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of
any direct communications between the Owner and the Construction Manager otherwise relating to the Project.
Communications by and with the Architect's consultants shall be through the Architect.
§ 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the
Owner and the Construction Manager 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.
§ 5.15 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.
§ 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights.
§ 5.17 Owner to provide to the Architect complete As-Built documentation of the existing facility upon which the
Architect may rely on.
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 Manager's general conditions costs,
overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated
to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the
compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way,
financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout
the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent
the Architect's judgment as a design professional.
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§ 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,or due to market conditions the Architect could not reasonably anticipate.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 cost estimating services as a Supplemental Service,and a discrepancy exists between
the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager
shall work together to reconcile the cost estimates.
§ 6.4 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 for the Cost of the
Work,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 Phase
exceeds the Owner's budget for the Cost of the Work,the Owner may
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 terminate in accordance with Section 9.5;.3 in consultation with the Architect and Construction
Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or
.4 implement any other mutually acceptable alternative.
§ 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall
incorporate the revisions 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 revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility
under this Article 6.
(Paragraph deleted)
§ 6.7intentionally Deleted
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.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments
of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved
rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements
or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Architect's consultants.
§ 7.3 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 under this Agreement,including prompt payment of all sums due,pursuant to
Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants
consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction
Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors,
to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section
1.3,solely and exclusively for use in performing services or construction for the Project.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.
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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.
§ 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this
Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case
not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims
and causes of action not commenced in accordance with this Section 8.1.1.
§ 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 A201-2017,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 obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not
include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the
available proceeds of the insurance coverage required by this Agreement.
§ 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 parry'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 arising
out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice
or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by
mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration
Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A
request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or
entity administering the mediation.The request may be made concurrently with the filing of a complaint or other
appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding
dispute resolution proceedings,which shall be stayed pending mediation for 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.
Init. AIA Document 13133TI—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"
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§ 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)
[ ] Arbitration pursuant to Section 8.3 of this Agreement
[X] Litigation in a court of competent jurisdiction
[ ] Other: (Spec)
If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to
a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction.
(Paragraphs deleted)
§ 8.3 Intentionally 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 be
considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of
performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven
days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall
have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before
resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such
suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and
resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be
equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,
the Architect may terminate this Agreement by giving not less than seven days'written 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.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this
Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination,
Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's
termination of consultant agreements.
§ 9.7
(Paragraphs deleted)
Intentionally Deleted
§ 9.8 Intentionally Deleted
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§ 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are
set forth in Article 7 and Section 9.7.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's
choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal
Arbitration Act shall govern Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions
of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201-2017 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,including any payments due to the Architect by the
Owner prior to the assignment.
§ 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the
Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such
consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at
least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require
knowledge,services,or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a
third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence,
handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the
Project site.
§ 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.This Section 10.7 shall survive the termination of this
Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4.
§ 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,"
the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as
set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement.
§ 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the
other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory
legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the
receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,
consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those
employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set
forth in this Section 10.8.
§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If
it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that
provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing
the Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows:
.1 Stipulated Sum
(Paragraphs deleted)
As noted in Exhibit A
§ 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required
pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.If necessary, list specific services to which particular methods of
compensation apply)
None.
§ 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the
Owner shall compensate the Architect as follows:
(Paragraphs deleted)
To be negotiated prior to the performance of Additional Services.
§ 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows:Not Applicable.
§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of
compensation for each phase of services shall be as follows:As Set forth in Exhibit A
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 identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic
Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget
for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent
updates to the Owner's budget for the Cost of the Work.
§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not
constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those
portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates
shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below)
Not Applicable
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and
include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows:
.1 Deleted.
.2 Long distance services,dedicated data and communication services,teleconferences,Project web sites,
and extranets;
.3 Permitting and other fees required by authorities having jurisdiction over the Project;
.4 Printing,reproductions,plots,and standard form documents;
.5 Postage,handling,and delivery;
.6 Deleted
.7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested
by the Owner or required for the Project;
.8 Deleted
.9 All taxes levied on professional services and on reimbursable expenses;
.10
.11 Deleted
.12 Deleted.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's
consultants plus Zero percent(0%)of the expenses incurred.
§ 11.9 Deleted
§ 11.10 Payments to the Architect
§ 11.10.1 Initial Payments
§ 11.10.1.1 An initial payment of zero dollars($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.
§ 11.10.1.2 Deleted
§ 11.10.2 Progress Payments
§ 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.
Payments are due and payable net 30 from the Owner're receipt of a correct invoice.
(Insert rate of monthly or annual interest agreed upon)
Zero percentage(%0)
§ 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless
the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
§ 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and 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:
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 2.
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Item#14.
(Include other terms and conditions applicable to this Agreement)
None.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended
only by written instrument signed by both the Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents identified below:
.1 AIA Document B I33Tw-2019, Standard Form Agreement Between Owner and Architect,Construction
Manager as Constructor Edition
(Paragraphs deleted)
.3 Exhibits: Exhibit A,Proposal Letter revised January 27,2021
This Agreement entered into as of the day and year first written above. John D.MauI'n
Executive Vice dent
Electronic Signatur
CSHQA,Inc.
2021.02.0917:06:33-0 00.
OWNER(Signature) 3-2-2021 ARCHITECT(Signature)
Robert E. Simison,Mayor John D.Maulin,Executive Vice President
(Printed name and title) (Printed name, title, and license number, if required)
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the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at
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Item#14.
Additions and Deletions Report for
AIA®Document 8133" - 2019
This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added
to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original
AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part
of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by
AIA software at 11:37:01 ET on 02/08/2021.
PAGE 1
AGREEMENT made as of the day of February in the year 2021
City of Meridian,and Idaho Municipal Corporation
c/o Meridian Finance Department
33 E.Broadway Avenue
Meridian,Idaho 86342
CSHQA Architects
200 Broad Street
Boise,Idaho 83702
John Maulin,Al
Meridian Police Department Headquarters Tenant Improvement
1401 E Watertower St
Meridian,Idaho 83642
CSHQA Project No.21001.0000
Kreizenbeck Constructors
11724 West Executive Drive
Boise,Idaho 83713
PAGE 2
As noted in Letter of Proposal revised January 27,2021 and attached hereto as Exhibit A.
As stated in Exhibit A.
To Be Determined.
Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This
document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is
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Item#14.
As stated in Exhibit A
As stated in Exhibit A
PAGE 3
To be determined
As stated in Exhibit A
[X] AIA Document A133-2019, 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.
None identified at this time.
None.
Stacy Redman
Facilities Project Manager
City of Meridian,Public Works Department
33 E.Broadway Avenue
Meridian,Idaho 83642
sredman@meridiancity.org
(Office Phone)208-489-0374
(Cell Phone)208-985-4234
(Fax)208-898-9551
PAGE 4
Not applicable.
Kreizenbeck Constructors
11724 W.Executive Dr.
.2 Land c,,,.,,eyor-:Boise,ID 83713
208-336-9500
.2 Land Surveyor:
None identified at this time.
Additions and Deletions Report for AIA Document 13133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
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one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 244
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Item#14.
Dave Davies,AIA
Sr.Project Manager
CSHQA,Inc.
200 W Broad St
Boise,Idaho 83702
Dave.davies(&cshga.com
(208)343-4635
See Exhibit A
PAGE 5
See Exhibit A
See Exhibit A
§ 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial
Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the
Architect's services,schedule for the Architect's services,and the Architect's eampe.sa4i.r The Owner shail adjust
the Owner's budget for the Cost of the WeEk and the Owner's afAieipa4ed design and eanstfuetion milestenes,as
to aeeemmeda*fnater-ial,a...nges i the initial inn ..,,.atio,,.compensation
PAGE 6
§ 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($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,and non-owned vehicles used,by the Architect with policy
limits of not less than( }One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person,
and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other
statutorily required automobile coverage.
§ 2.6.5 ,and (S
policy litnit.Intentionally Deleted.
§ 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional
services,with policy limits of not less than per claim and ($Five Million Dollars($5,000,000.00)per claim
and Five Million Dollars($5,000,000.00)_in the aggregate.
§ 2.6.7 Additional Insured Obligations. The Architect shall cause the primary
and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an
additional ' .insured. The
additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall
apply to both ongoing and completed operations.
PAGE 7
4 3.1.9 Concept Design and Entitlement Support Services as noted in Exhibit A
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§3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT
INCLUDED IN CONTRACT OR FEE
PAGE 10
§ 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
faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent
expressed in the Contract Deeent&.Documents,subject to written approval of the Owner.
PAGE 11
§ 3.6.5.1 Tw-Subject to Owner's approval,the Architect may order minor changes in the Work that are consistent with
the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the
Contract Time.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives
for the Owner's approval and execution in accordance with the Contract Documents.
PAGE 12
Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
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4.1.1.1 Assistance with Selection of Construction Manager Not Provided
4.1.1.2 Programming Architect per Exhibit A
4.1.1.3 Multiple Preliminary Designs Not Provided
4.1.1.4 Measured drawings Not Provided
4.1.1.5 Existing facilities surveys Not Provided
4.1.1.6 Site evaluation and planning Not Provided
4.1.1.7 Building Information Model management responsibilities Not Provided
§ 4.1.1.8 Development of Building Information Models for post Not Provided
construction use
4.1.1.9 Civil engineering Not Provided
4.1.1.10 Landscape design Not Provided
4.1.1.11 Architectural interior design Architect per Exhibit A
4.1.1.12 Value analysis Not Provided
4.1.1.13 Cost estimating Not Provided
4.1.1.14 On-site project representation Not Provided
4.1.1.15 Conformed documents for construction Not Provided
4.1.1.16 As-designed record drawings Not Provided
4.1.1.17 As-constructed record drawings Not Provided
4.1.1.18 Post-occupancy evaluation Not Provided
4.1.1.19 Facility support services Not Provided
4.1.1.20 Tenant-related services Not Provided
4.1.1.21 Architect's coordination of the Owner's consultants Not Provided
4.1.1.22 Telecommunications/data design Architect per Exhibit A
4.1.1.23 Security evaluation and planning Not Provided
4.1.1.24 Commissioning Not Provided
4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided
4.1.1.26 Historic preservation Not Provided
4.1.1.27 Furniture,furnishings,and equipment design Not Provided
4.1.1.28 Other services provided by specialty Consultants Not Provided
4.1.1.29 Other Supplemental Services Not Provided
4.1.1.30 Entitlements Architect per Exhibit A
PAGE 13
§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is
provided belew.in Exhibit A.
Telecommunication Design to consist of rough-in design only.All other aspects of design and equipment selection by
Owner's Vendor.Entitlements to consist of Building Permit form Authorities Having Jurisdiction(AHJs).
§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is
provided below.
the-e
None
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Item#14.
§ 4.1.3
,the Arehitect shall provide,
Exhibit,
Genstnaetion Manager-as Geastpaeter-Edition,a#aehed to this Agfeemen4.The Owner-shall eeffipensa4e the Ar-ehit
as :ded it Seetie ".''.Intentionally Deleted.
PAGE 14
§ 4.2.2 To avoid delay in the Genstmetion Phase,the Afehiteet shall pfevide the fellewing Additional Selwiees,notify
the Owner-with reasonable pFomptaess,a-ad explain the faets a-ad eirewnstanees giving Fise to the need.if,upe
reeeipt of the Arehiteet's notiee,the Owner-determines that all or parts of the serviees are not required,the Owner sh
give prompt written notiee to the Architeet of the Owner's determination.The Owner shall compensate the Arehiteet
for the servioes provided priort the A,.ehiteet's reeeipt of the Owner's notice:
.1 Reviewing a Construction Manager's sil mittal out of sequence from the submittal sehedule approv
by the Arehitec+,
.2 Responding to the Gonstmetion Manager's requests for information that are not prepared in accor-dallee
with the Gon4r-aet Deethments er-where stieh infofma4iea is a-vailable to the Genstpaefieft Manager-from
a ear-eful study and eoWarisen of the Gentfaet Doeuments,field eenditions,other-Owner-provide
d, o tat
n;
data,
or-the pfepafatiefi of revision of lnstpamefAs of
Vie;
4 Evaluating an ex4ensive P2 er-of Claims as the initial Deeisienaker-
alua4iag substitutions proposed by the Owner-or-Caas4uefien Manager-and making s4sequen4 revisions
Intentionally Deleted.
§ 4.2.3 The Arehiteet shall provide Constmetion Phase Ser-viees exeeeding the lifnits set feAh below as Additiena4
Ser-viees.When the lifnits below afe r-eaeked,the Arehiteet shall notify the :Intentionally Deleted.
.1 ( )r-eviews of eaeh Shop Dr-awing,Pr-eduet Da4a item,sample and similar submiftals of the
_ ( )visits to the site by the Ar-Ehitest dufing seastuetie t
.4 ( )-inspeetiens or any pei4iefi of the Wer-k to dete e final eempletien
§ 4.2.4 Rxeept for-ser-viees required tmder-Seetien 3.6.6.5 and these sen,iees tha4 do fiat exeeed the lifnits set f0i4h i
Seetion 4.2.3,Ceas4uetiea Phase SeFviees provided more than 60 days after-(1)the da4e of Substantial Completion o
the IAIME or-(2)the initial da4e of S4stantial Completion identified in the agreement between the Owner-and
additional eost; providing these Const. etion Phase So,- eesAntentionally Deleted
§ 4.2.5 Subject to Owner's prior written approval,if the services covered by this Agreement have not been
completed within( )men-ths of the date of this Agree wat,the timeline set forth in Exhibit A,through no fault of the
Architect,extension of the Architect's services beyond that time slial4-may be compensated as Additional Services.
§ 5.5 The Owner shall furnish surveys to describe physical characteristics,
site of the Prejeet and. written legal dos,.Fiptia of the site and legal limitations for the site of the Project.The
surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining
property and structures;designated wetlands;adjacent drainage;rights-of-way,restrictions,easements,
encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other
necessary data with respect to existing buildings,other 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.
PAGE 15
Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This
document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is
one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 248
copyright@aia.org.
User Notes: (1263
Item#14.
§ 5.17 Owner to provide to the Architect complete As-Built documentation of the existingfacility Lipon which the
Architect may rel.
PAGE 16
§ 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development
Phase exceeds the Owner's budget for the Cost of the Work,the Owner sl+agmay
.2 terminate in accordance with Section
.3 9.5;.3 in consultation with the Architect and Construction Manager,revise the Project program,
scope,or quality as required to reduce the Cost of the Work;or
§ 6.7 After-iaeeFper-atien of medifieations tmder-Seetion 6.6,the Arehiteet shall,as an Additional Sen4ee,make any
stibsequent oest estimates,the Guar-anteed Maximum PFiee pfopesal,or-Centfel Estimate that eiceeed the OW-HeF's
budget for the Cost of the Work,exeept when the exeess is due to ehanges initiated by the AFehiteet in seope,basie
.stems r the kinds an,l quality of materials,finishes o ent
6.7intentionally Deleted
PAGE 18
[X] Litigation in a court of competent jurisdiction
§-8 3—Arbitration
elaim,dispute oF otheF fnatter-in question ar-ising eat of eF related to this AgFeement subj eet to,but not Feselved§ 8.3.1 ifthe pw4ies have seleeted ar-bitfation as the methed for-binding dispiite r-eselu4ian in this Agreement,a*y
mediation shall be subjeet to arbitration,whieh,anless the parties mutually agree other-wise,shall be administer-e4-by
the American Arbitration Asseeiation in accordance with its Construction industfy AAitration Rules in effeet on
date of this Agreemen4.A demand for arbitration shall be,m-ad—e-,ifl ivritiffig,delivered to the other party to this
Agreement,and filedwitl,the per-son entity administering the arbitration.
mediation,§ 8.3.1.1 A demand for arbitfatieft shall be made no earlier than coneurrently with the filing efa r-e"est for-
but in no event shall it be made after-the"e when the institution of legal or-e"Aable , ,sed on the elaim-,
disptAe or-other-fna#er-in"estion would be bafred by the appheable Aattite of limit—ALA-vis.For-—statute of himitations-
pWases,r-eeeipt of a written demand for-afbitr-a4ian by the per-san or-enti4�,administer-ing the ar-bitfa4ian shall
eanstitute the institiatien of legal or-equitable proceedings based en the elaim,disptAe or-other-matter-in question.
§ 8.3.2 The feregoing agr-eeffien4 to ai-7bitmfa4e,and other-a— , I bitfa4e with an additional person or-efftit-y duly
consented to by paAies to this Agreement,shall be speeifieally eafer-eeable in aeear-daaee with applieable law in any
§ 8.3.3 The award r-ender-ed by the ar-bitrMor-(s)shall be final,andjudgment may be entered upen it in aeear-danee
§ 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any
other arbitT-ation to which it is a party provided that(1)the arbitration agreement governing the other arbitration
and(3)the arbitrations employ ffia4er-iaNy similar preeedural fules and metheds for-seleeting afbitr-a4ef(s).
Additions and Deletions Report for AIA Document B133--2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This
document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is
one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 249
copyright@aia.org.
User Notes: (1263
Item#14.
§ 8.3.4.2 Either party,at its sole discretion,may include by joinder-per-sons or entities substantially involved in
common question of law or fact whose pr . . ed if complete relief is to be accorded in arbitration,provided
thm the pafty sought to be joined eonsents in writing to sueh joinden Consent to arbitfa4ion iiwolving an additi
per-son or-entity shall not eonsfitu4e eonseat to ar-bitfvAioa of any elaim,dispute or-other-mat4er-in"estion no
Seetion 8.3,whether-by joinder-or-eonsoli&Aion,the saffle rights of joinder-and eonsolidation as the Owner-an
Ar-ehiteet under-this Agreement.
§ 8.4 The pr-evisions of this Ai4iele 8 shall stwvive the termination of this Agreement.
§ 8.3 Intentionally Deleted
§ 9.7 in addition to any afneunts paid tmder-Seetien 9.6,if the Owner-teFminmes this Agr-eefnen4 for-its eenvenienee
Ar-ehiteet the following fees�
�7
T8nnin-atio Tree:
Intentionally Deleted
§ 9.8 Exeept as other-wise expressly provided herein,this Agr-eefneat shall tefmina4e one yeaf fr-ofn the da4
Substantial Intentionally Deleted
PAGE 20
(Insert. o
.2 Percent-age Basis
o
of the Owner-'s budget for-the Cost of the War&,as ealeula4ed in aeeor-da-nee with Seetion 11.6.
4-9tkerAs noted in Exhibit A
None.
§ 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the
Owner shall compensate the Architect as follows:
To be negotiated prior to the performance of Additional Services.
Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This
document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is
one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 250
copyright@aia.org.
User Notes: (1263
Item#14.
§ 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows:
, ,
Servi leoNgt Applicable.
§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of
compensation for each phase of services shall be as follows:As Set forth in Exhibit A
PAGE 21
Not Applicable
Employee or Category Rate($0.00)
.1 -r.-ansp,,i4ation and atit o-:zoa out f to travel and subs sten e Deleted.
.6rates,if authorized in advance by-the
9wi}er-,Deleted
.8 ,
expenses of professional liability insufanee dedieated exelusively to this Pr-ejeet,or-the expense of
Deleted
.10 Site ffee expenses;
.11 Registration fees and any other-fees ehar-ged by the Certifying Aiith0r-ity Or-by other-efAities as
necessary te achieve the Sustai-nableObj€etive,arc Deleted
.12 Other similar P-oje.t related o e diW-es Deleted.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus percent )Zero percent(0%)of the expenses incurred.
§ 11.9Arnh0fAnt'q ins, ranGe.if the types and limits of cover-age required in Section 2.6 are in addition to the types an
rehiteet normally maintains,the Ovaier shall pay the Architect for the additional costs ineurred by the
Seel on2.6, aa f,.,...hieh two Owner-shall ffib ffse the A rehiteet`Deleted
§ 11.10.1.1 An initial payment of{$—+zero dollars($O.00�shall be made upon execution of this Agreement and is the
minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice.
§ 11.10.1.2
($ )shall be made upon eyeeti4ion of this Agr-eefneat for-r-egist-Fation fees and other fees payable to the Certifying
Authority and necessary to achieve the Sustainability Certification. The Architect's pa�qnents to the Certifying
AWherity shall be credited to the Owner's account at the time the expense is .Deleted
Additions and Deletions Report for AIA Document 13133--2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This
document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is
one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 251
copyright@aia.org.
User Notes: (1263
Item#14.
§ 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services
performed.Payments are due and payable sei4atien ef the A+chitest's4weice ns tWaid ( )Rays
after-the ifwoiee deAe shall bear if4er-est a4 the ra4e entered below,or-in the abseftee thereof a4 the legal m4e prevailing
fFem time to time *the pr- 1 .l o Fl business of the *net 30 from the Owner're receipt of a correct
invoice.
°Zero percentage(0/.0)
PAGE 22
None.
.2 ALA-DA-eument E203Tm 2013,Building infeEma4ion Modeling and Digital Data E?khibit,dated as.,,1;,...4o.l l.ol...�. ;F,...,..,,..l otoa ,•the folio..,; g.
,
(Cheek the appropriate be*for any,exhibits ineerperwted into thk Agreeflient.)
Coast-ruetor Edition dated as indieated below-7
(Insert the date of Me E-23 4 2019 ineorperated into this ag-reentent)
Other Exhibits incorporated in4o this A greemen4:
Qtht-w dee en4s:
.3 Exhibits: Exhibit A,Proposal
Letter revised January 27,2021
John D.Maulin,Executive Vice President
Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The
"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This of n
document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is
one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail Page 252
copyright@aia.org.
User Notes: (1263
Item#14.
Certification of Document's Authenticity
AIA° Document D401 TM - 2003
I,John D.Maulin,hereby certify,to the best of my knowledge,information and belief,that I created the attached final
document simultaneously with its associated Additions and Deletions Report and this certification at 11:37:01 ET on
02/08/2021 under Order No. 8451704096 from AIA Contract Documents software and that in preparing the attached
final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of
Agreement Between Owner and Architect, Construction Manager as Constructor Edition,as published by the AIA in
its software,other than those additions and deletions shown in the associated Additions and Deletions Report.
John D.Maulin
Executive vice President
Electronic Signature
CSHQA,Inc.
2021.02.09 17:06:04-07'00'
(Signed)
(Title)
(Dated)
AIA Document D401 TM—2003.Copyright @ 1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"
"AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA
software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,a
be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 253
User Notes: (1263
Item#14.
200 Broad St•Boise,ID 83702 208.343.4635 cshga.com
Revised January 27, 2021
January 6, 2021
Via E-mail: sredman@meridiancity.org
Stacy Redman, Facilities Project Manager
City of Meridian
Public Works Department
33 East Broadway Avenue
Meridian, ID 83642
Re: Meridian Police Department,Tenant Improvement (MPD—TI)
1401 East Watertower Street
Meridian, Idaho
CSHQA Project No. 21TBD.000
Proposal for Professional Services
Dear Stacy:
We are pleased to submit this proposal for limited architectural, interior design and engineering
(structural, mechanical (plumbing and HVAC), electrical and telecommunications) services,for the
above-referenced project. Our services are based on the two (2) attached schematic floor plans. This
proposal is also based on the Client providing and/or being responsible for the following:
• Regulatory agency application and permit fees.
• Hiring a CMGC for both pre-construction and construction services.
• Develop the B133 Owner-Architect Agreement document.
The project team for the MPD—TI project shall include the following disciplines:
Architectural—CSHQA, Inc.—John Maulin, AIA, Principal in Charge and Dave Davies,AIA, Architect
of Record and Sr. Project Manager
Interior Design—CSHQA, Inc.—Megumi Haas
Structural—BHB Consulting Engineers—Darren Truchot, P.E.
Mechanical (plumbing and HVACJ—CSHQA, Inc.— Kent Andersen, P.E.
Electrical—CSHQA, Inc.—Jason Brunson, P.E.
PROJECT UNDERSTANDING
Tenant Improvement involving police department space on both the first and second floors of the
existing Meridian Police Department generally involving the areas on the attached two (2)floor plan
sketches. Owner to hire a CMGC who shall provide Pre-Construction and Construction services. The
Client's Construction Budget is$1,000,000.00. Design to include Additive Bid Alternates up to 10%of
the Construction Budget.
people who listen • design that speaks EEO/"N page 254
an employee-owned company
ttem#�4. tacy Redman
Page 2
Revised January 27, 2021
SCOPE OF SERVICES
Our services shall be provided in two Tasks: Task 01—Design Phase and Task 02—Construction Phase.
More specifically, our services shall include the following:
Task 01—Design Phase
• Provide design for the interior tenant improvement spaces as defined in the B133 Agreement.
We propose to provide Design Phase services on a Fixed Fee basis of Seventy Thousand and no/100
Dollars ($70,000.00) plus Reimbursable Expenses.
Task 02—Construction Phase
• Provide bidding and permit assistance and contract administration services for the interior tenant
improvement spaces as defined in the B133 Agreement.
We propose to provide Construction Phase services on a Fixed Fee basis of Thirty-Thousand and no/100
Dollars ($30,000.00) plus Reimbursable Expenses.
Reimbursable Expenses such as, but not limited to, materials, supplies, and reproduction costs (plans,
manuals, reports) will be charged at actual cost to the Architect. Regulatory agency application and
permit fees, if applicable, are not included in this proposal but can be paid on behalf of the Client as an
additional Reimbursable Expense. Employee's time for Additional Tasks shall be negotiated with the
Client prior to commencement of services.
Preliminary Project Schedule (dates-durations subject to change):
January 2021: Project kick-off and program validation/verification.
February 2021: 30 percent design and Client written approval.
March 2021: 60 percent design and Client written approval.
May 2021: 100 percent design and Client written approval.
June 2021: Advertise for bids and submit for a Building Permit.
July 2021: Bid opening.
Fall 2021: Award contract.
Spring 2022: Construction complete.
The following services are not included in the above scope but may be contracted separately, as an
Additional Task, upon Client request:
• Three-dimensional (3-D) modeling.
• Leadership in Energy and Environmental Design (LEED)certification.
• Commissioning.
Page 255
ttem#�4. tacy Redman
Page 3
Revised January 27, 2021
• Hazardous materials identification and abatement.
• Fire sprinkler and fire alarm design.
• Renderings and models.
• Opinion of Probable Construction Cost (construction cost estimating).
• Redesign of architectural, mechanical and/or electrical systems due to significant changes to the
building design by the Client after the Client has approved the Design Development drawings.
• Services beyond those noted above.
Upon your acceptance of this proposal, please provide the AIA Document B133 for review-execution.
Commencement of the services described above will be initiated upon receipt of an executed
agreement. If the services noted in this proposal are not contracted within thirty(30) days from the
date of this letter, the proposal shall be subject to review and subsequent revisions.
We appreciate this opportunity and look forward to working with you on this project. If you have
questions, please do not hesitate to call.
Sincerely,
CSHQA, Inc.
Dave Davies, AIA
Sr. Project Manager
DD:me
Attachments: First Floor Plan
Second Floor Plan
Page 256
y 7 y "t Y_ TY 7 7
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Meridian Police HQ Tenant Improvement Ij
December 22, 2020 updated Ij
Scope of work
r I
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ROOF
42
ROOF 411
BELA
Odd—11
41
21
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221
ROOF
Meridian Police HC)Tenant Improvement
December 22. 2020updated