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HomeMy WebLinkAboutKreizenbeck Contractors and ZGA Architects Meridian Community Center AIA Document B133� - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Twenty-First day of June in the year Two Thousand Twenty- Four ADDITIONS AND DELETIONS : (In words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Architect's client identified as the Owner: completion. The author may also (Name, legal status, address, and other information) have revised the text of the original AIA standard form. An Additions and City of Meridian Deletions Report that notes added 33 East Broadway information as well as revisions to Meridian, Idaho 83642 the standard form text is available Telephone Number: 208-8884433 from the author and should be reviewed. A vertical line in the left margin of this document indicates and the Architect: where the author has added (Name, legal status, address, and other information) necessary information and where the author has added to or deleted ZGA Architects & Planners, Chartered from the original AIA text. 300 East Mallard Drive, Suite 325 This document has important legal Boise, ID 83706 consequences. Consultation with an Telephone Number: 208-345-8872 attorney is encouraged with respect to its completion or modification. This document is intended t0 be for the following Project: tion used in conjunction with AIA (Name, location, and detailed description)) Documents A201-2017T'" , General Conditions of the Contract for Meridian Community Center Construction; Al33-2019TM Meridian, Idaho Standard Form of Agreement The development of both a 17,000 - 20,000 square foot community center and an 11 acre Between Owner and Construction site adjacent to existing Settler's Park located in Meridian, Idaho. Refer to Exhibit 'C' _ Manager as Constructor where the attached. basis of payment is the Cost of the Work Plus a Fee with a Guaranteed The Construction Manager (if known): Maximum Price; and At 34-2019T (Name, legal status, address, and other information) Standard Form of Agreement Between Owner and Construction Kreizenbeck Constructors Manager as Constructor where the 213 East 38th Street basis of payment is the Cost of the Garden City, Idaho 83713 Work Plus a Fee without a Telephone Number: 208-336-9500 Guaranteed Maximum Price. AIA Document A201T —2017 is adopted in this document by reference. Do The Owner and Architect agree as follows. not use with other general conditions unless this document is modified. Init. AIA Document B133 — 2019. Copyright ® 2014, and 2019. All rights reserved. "The American Institute of Architects; °American Institute of Architects," 'AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 under Order No.4104243580 which expires on 0710312024, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA 1 Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) i t_ TABLE OF ARTICLES i 1 INITIAL INFORMATION f 2 ARCHITECT'S RESPONSIBILITIES E 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES t 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES i 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS i 11 COMPENSATION i 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 . 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 6 which the program will be developed) Refer toExhibit 'C' . !, § 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; trajJic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) 4 The community center facility construction and materials TBD with a full complement of mechanical, plumbing, electrical and A-V systems. The site work will encompass full utilities, parking, landscaping including a multipurpose green space, dog park, restroom facilities and a picnic shelter. § 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) Preliminary budget of $ 10,000,000 .00.00, to be refined during Schematic Design and Design Development. Exact constrction cost TBD. § 1 .1 .4 The Owner' s anticipated design and construction milestone dates : .1 Design phase milestone dates, if any: Init. AIA Document 3133 — 2019. Copyright 02014, and 2019, All rights reserved. °The American Institute of Architects," 'American Institute of Architects,' WA,' the !. AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 under Order No.4104243580 which expires on 0710312024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA 2 / Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (389ADA47) E I Construction Documentation delivery on or around mid-December .2 Construction commencement date: Early 2025 .3 Substantial Completion date or dates: TBD .4 Other milestone dates: N/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. [ ] ALA 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) t N/A § 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) N/A i (Paragraph Deleted) I § 1 .1 .8 The Owner identifies the following representative in accordance with Section 5.4 : (List name, address, and other contact information) i Garrett White, Recreation Manager City of Meridian Parks & Recreation 33 E. Broadway Avenue a Meridian, Idaho 83642 Telephone Number: 208-888-3579 ] i 's § 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.) Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 3 under Order No.4104243580 which expires on 07/0312024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract Documents® Terms of Service. To report copyright violations, e-mail docinfogaiacontracts.com. User Notes: (3139ADA47) N/A § 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 p retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to @6[ assist the Owner in selecting the Construction Manager, complete Section 4. 1. 1. 1) i Kreizenbeck Constructors (Paragraph Deleted) ',...., .3 Geotechnical Engineer: Strata 8653 West Hackamore Drive Boise, Idaho 83642 e i (Paragraph Deleted) .5 Other consultants and contractors : (List any other consultants and contractors retained by the Owner.) Land Solutions, Land Surveying and Consulting,PC 231 East 5th Street, Suite A Meridian, Idaho 83642 HDR 412 East Parkcenter Boulevard, Suite 100 Boise, Idaho 83706 k § 1 .1 .11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information) Lance Fish, AIA 300 East Mallard Drive, Suite 325 Boise, ID 83706 Telephone Number: 208-345-8872 Email Address: lance@zga.com § 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 : t .1 Structural Engineer: Axiom, Professional Limited Liability Company Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the I AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 4 under Order No.4104243580 which expires on 07/03/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA I, / Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) i i Lee Harrison, S.E. 121 North 9th Street, Suite 401 ( Boise, Idaho 83702 B Telephone Number: 208-639-4520 .2 Mechanical Engineer: Engineering Consultants, Inc. Cathy Miller, P.E. 303 South Federal Way, Boise, Idaho 83705 Telephone Number: 208-376-9820 i i .3 Electrical Engineer: Engineering Consultants, Inc. Bruno Loza, P.E. 303 South Federal Way, Boise, Idaho 83705 Telephone Number: 208-376-9820 § 1 .1 .12.2 Consultants retained under Supplemental Services: Civil Engineering Erickson Civil, Inc. 6213 North Cloverdale Road, Suite 125 Boise, Idaho 83713 Telephone Number 208-846-8955 6 Landscape Design Jensen-Belts Associates 1509 South Tyrell Lane, Suite 130 Boise, Idaho 83706 Telephone Number 208-343-7175 Interior Design ZGA Architects & Planners, Chtd. 300 East Mallard Drive, Suite 325 Boise, Idaho 83706 Telephone Number 208-345-8872 Audio-Visual AVI Systems 12586 West Bridger Street, Suite 100 b Boise, Idaho 83713 Telephone Number 208-203-3400 § 1 .1 .13 Other Initial Information on which the Agreement is based: N/A r § 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. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner' s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects,' "American Institute of Architects," WA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 under Order No.4104243580 which expires on 0710312024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA 5 i Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiawntracts.com. User Notes: (389ADA47) i i § 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 E203T" -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 set-vices 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. s § 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. § 2A The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner' s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance. The Architect shall maintain the following insurance 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 i shall pay the Architect as set forth in Section 11 .9. I § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars and Zero Cents ($ 2000000.00 ) for each occurrence and Four Million Dollars and Zero Cents ($ 4000000.00 ) 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 Two Million Dollars and Zero Cents ($ 2000000.00 ) 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, i t Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 6 under Order No.4104243580 which expires on 07/03/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA C Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.mm. User Notes: (369ADA47) I § 2.6.5 Employers ' Liability with policy limits not less than One Million Dollars and Zero Cents ($ 1000000 .00 ) each accident, One Million Dollars and Zero Cents ($ 1000000.00 ) each employee, and One Million Dollars and Zero Cents ($ 1000000.00 ) policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars and 'Zero Cents ($ 2000000.00 ) per claim and Two Million Dollars and Zero Cents ($ 2000000.00 ) in the aggregate. § 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect' s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner' s insurance policies and shall apply to both ongoing and completed operations . § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. t 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 t 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 g Manager' s review and the Owner's approval, a schedule for the performance of the Architect's services. The o schedule shall include design phase milestone dates, as well as the anticipated dates for the cormencement 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 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. b 4 l § 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. k § 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. rs i Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the i AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 7 under Order No.4104243580 which expires on 07/03/2024, is not for resale, is licensed for 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 docinfo@aiacontracts.com. User Notes: (389ADA47) i ( § 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. § 3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 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 of 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. i § 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 preliminary evaluation of the Owner' s program, schedule, Project site, and other § P ' P P y P ' �� J 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. § 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 P 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 . I § 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. f The Architect shall meet with the Construction Manager to review the Schematic Design Documents. Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects, -AIA.- the AIA logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 8 under Order No.4104243580 which expires on 07103/2024, is not for resale, is licensed for 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 docinfo@aiacontracts.com. User Notes: (389ADA47) I § 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 8 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. t § 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. § 3A 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 . g § 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 g Construction Documents for the Construction Manager' s review and the Owner' s approval. The Construction R 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. I § 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. b, s t § 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 u the Construction Documents. 4 i AIA Document 3133 — 2019. Copyright 02014, and 2019. All rights reserved. °The American Institute of Architects," °American Institute of Architects," "AIA," the I Init. AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 9 under Order No.4104243580 which expires on 0710312024, is not for resale, is licensed for 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 docmfo@aiacontraca.com. rr User Notes: (3B9ADA47) 4 i r i § 3.6 Construction Phase Services § 3.6.1 General § § 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. § 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. § 3.6.2.4Interpretations 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. u § 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. Init. AIA Document B133 — 2019. Copyrighl © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the i� AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 10 c under Order No.41 0424 3 580 which expires on 07103/2024, is not for resale, is licensed for 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 docinfo@aiacontracts.com. User Notes: (3B9ADA47) i § 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) colTection 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 4 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. § 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. Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. `The American Institute of Architects," "American Institute of Architects, "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 1 t under Order No.4104243580 which expires on 07/03/2024, is not for resale, is licensed for one-lime use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) E i, I i § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract 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 firm 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 froward 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. 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 ofservices as an exhibit to this Agreement) Supplemental Services Responsibility Architect, Owner, or not rovided § 4.1 .1 .1 Assistance with Selection of Construction Manager not provided § 4.1 .1 .2 Programming not provided § 4.1 .1 .3 Multiple Preliminary Designs not provided § 4.1 .1 .4 Measured drawings not provided ry § 4.1 .1 .5 Existing facilities surveys not provided § 4.1 .1 .6 Site evaluation and planning not provided Init. AIA Document e133 — 2019. Copyright © 2014, and 2019. All rights reserved. °The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 12 under Order No.4104243560 which expires on 07103/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com. i User Notes: (389ADA47) S. E i i § 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 Architect § 4.1 .1 .10 Landscape design Architect E Architectural interior design Architect § 4A .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 8 § 4.1 .1 .21 Architect' s coordination of the Owner's consultants not provided § 4.1 .1 .22 Telecommunications/data design not provided § 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 refer to 4. 1 .2. 1 F i § 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 below . (Describe in detail the Architect 's Supplemental Services identified in Section 4. 1. 1 or, ifsetforth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect 's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services) Audio-visual systems design § 4.1 .2.2 A description of each Supplemental Service identified in Section 4. 1 . 1 as the Owner's responsibility is g provided below. (Describe in detail the Owner 's Supplemental Services identified in Section 4. 1. 1 or, ifset forth in an exhibit, identify the exhibit) N/A i s (Paragraph Deleted) g § 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. Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the k@ AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 13 under Order No.4104243560 which expires on 07/0312024, is not for resale, is licensed for 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 docinfo@aiacontracts.wm. User Notes: (3B9ADA47) § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner I 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 m 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; m .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 dining 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; s`. .13 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings, Specifications, and other documents resulting from agreed-upon K 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 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect' s receipt of the Owner' s notice: .1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Construction Manager' s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Construction Manager from a careful study and comparison of the Contract Documents, field conditions, other Owner- provided information, Construction Manager-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of the I Construction Manager' s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or � Init. AIA Document of 33 — 2019, Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects; "American Institute ofArchilects," "AIA," the j AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 14 under Order No.4104243580 which expires on 07/0312024, is not for resale, is licensed for one-time use only, and may only he used in accordance with the AIA / Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiaconlracts.com. User Notes: (3139ADA47) I', f .5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Construction Manager pp .2 ( Monthly ) visits to the site by the Architect during construction .3 Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 ) inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3 .6.6. 5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after ( 1 ) the date of Substantial Completion E of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. G § 4.2.5 If the services covered by this Agreement have not been completed within Nine ( 9 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services . i 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, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other E 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. E Init. AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AAA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 15 under Order No.4104243580 which expires on 0710312024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA i / Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiawntractacom. User Notes: (3B9AOA47) i t § 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 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 . (Paragraph Deleted) § 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 . I § 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. i § 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. ARTICLE 6 COST OF THE WORK § 6.1 For put-poses 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 fit the Work; or other costs that are the responsibility of the Owner. j, i Init. AIA Document B133 - 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 16 under Order No.4104243580 which expires on 07/0312024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) i § 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. § 6.3 The Owner shall requite 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. c (Paragraph Deleted) § 6.4If, 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 shall .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 requited to reduce the Cost of the Work; or A 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. d § 6.7 After incorporation of modifications under Section 6 .6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager' s subsequent cost estimates, the Guaranteed Maximum Price proposal, or Control Estimate that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 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 officials 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 g and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the 6 Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due, p pursuant to Article 9 and Article 11 . The Architect shall obtain similar nonexclusive licenses from the Architect's l s AIA Document 3133 — 2019. Copyright © 2014, and 2019, All rights reserved. "The American Institute of Architects,' "American Institute of Architects," "AIA," the 1 Init. AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 17 under Order No.4104243580 which expires on 0710312024, is not for resale, is licensed for 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 docinfo@aiawntracts.com. User Notes: (3139ADA47) `i i i i 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 R Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the instruments of Service, the Owner releases the Architect and Architect' s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner' s use of the Instruments of Service under this Section 7.3 . 1 . The terms of this Section 7.3 . 1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner' s sole risk and without liability to the Architect and the Architect's consultants. § 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. t § 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 G 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. i Init. AIA Document B133 - 2019. Copyright 02014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 174540 ET on 06/26/2024 18 under Order No.4104243580 which expires on 07103/2024, is not for resale, is licensed for one-time use only, and may only he used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (389ADA47) I § 82.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between r 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 . § 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 E be enforceable as settlement agreements in any court having jurisdiction thereof. 6 § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding i 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) l l 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) 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 t 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. 4 AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," WA " the the ° Init. AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 under Order No.41042435B0 which expires on 07/03/2024, is not for resale, is licensed for one-lime use only, and may only be used in accordance with the AIA 19 / Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) g [ S r § 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, and Reimbursable Expenses incurred. § 9.7 The Architect acknowledges that the Owner is a governmental entity subject to certain funding constraints and agrees that in the event adequate funds are not appropriated for the services set forth in this Agreement, the Owner may immediately terminate this Agreement without penalty. If this Agreement is terminated pursuant to this Section 9.7, the Owner shall compensate the Architect for (Paragraph Deleted s i services performed prior to termination. § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of h Substantial Completion. § 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. 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. i, § 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 fmancing 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 1 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 AIA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the Init. AIA Logo, and °AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 20 under Order No.4104243580 which expires on 07103/2024, is not for resale, is licensed for 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 docinfo@aiacontracts.com. User Notes: (3B9ADA47) I i survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9 A, § 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 9 r provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to V the parties ' intentions and purposes in executing the Agreement c ARTICLE 11 COMPENSATION § 11 .1 For the Architect' s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: . l Stipulated Sum (Insert amount) Schematic Design, Design Development and Construction Documentation, $590,223 .00 (Paragraph Deleted) Procurement, Construction Phase, Time & Materials i (Paragraphs Deleted) § 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 specie services to which particular methods of compensation apply.) Schematic Design, Design Development and Construction Documentation, $ 173 , 137400 Procurement, Construction Phase, Time & Materials i § 11 .3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) Time & Materials basis per 2024 hourly rates and indicated in Exhibit 'A' (rates for following years will be charged at that year's annually updated rates). § 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 Fifteen percent ( 15 .00 %), or as follows: (Insert amount of, or basis for computing, Architect's consultants ' compensation for Supplemental or Additional Services) Init. ALA Document B133 — 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the '', AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 21 under Order No.4104243580 which expires on 07/03/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) ( I 1 N/A I § 11 .5 When compensation for Basic Services is based on a stipulated sum, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Twenty percent ( 20 %) Design Development Phase Twenty-seven percent ( 27 %) Construction Documents Phase Fifty-three percent ( 53 %) Total Basic Compensation (SD, one hundred percent ( 100 %) DD CD only) 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 r in each Phase of Services, as appropriate. (Paragraphs Deleted) E § 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) Per 2024 hourly rates as indicated in Exhibit 'A' (rates for following years will be charged at that year's annually updated rates). (Table Deleted) § 11 .8 Compensation for Reimbursable Expenses § 11 .8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect' s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets ; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery ; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 if required by the Owner, and with the Owner' s prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect' s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 Other similar Project-related expenditures. i § 11 .8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect' s consultants plus Ten percent ( 10.00 %) of the expenses incurred. j I [nit. AIA Document B133 - 2019. Copyright © 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 22 under Order No.4104243580 which expires on 07/0312024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract DocumentOTerms of Service. To report copyright violations, e-mail docinfo@aiawntracts.com. User Notes: (3139ADA47) f i (Paragraphs Deleted) q i § 11 .10 Payments to the Architect (Paragraphs 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 upon presentation of the Architect' s invoice. Amounts unpaid ( N/A ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) N/A § 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: (Include other terms and conditions applicable to this Agreement) 12. 1 Compensation is scheduled to be paid from two different fiscal years, Fiscal Year 2024 and Fiscal Year 2025 . Currently $350,000 has been budgeted for Fiscal Year 2024. Architect must not complete work that exceeds $350,000 prior to October 1 , 2024. It is the Architect's responsibility to schedule all work and to adhere to the anticipated schedule. The remainder of $413 ,360.00 is scheduled to be approved by Owner (City Council) in the Fiscal Year 2025 budget, estimated to be approved August 27, 2024 which will go into effect October 1 , 2024. If those funds are not appropriated in by Owner (City Council) for Fiscal Year 2025, Architect will relieve the Owner N (City of Meridian) of any further obligation. 12.2 Pursuant to Idaho Code § § 67-2359 and 67-2346, the Architect hereby certifies : A That the Architectural company is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. .2 That the Architectural company is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. Init. AIA Document 6133 — 2019. Copyright 02014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:45:40 ET on 06/26/2024 23 under Order No.4104243580 which expires on 07/03/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA t Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracls.com. User Notes: (399ADA47) I 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 133T"L2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Constructor Edition (Paragraph Deleted) .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement) i (Paragraphs Deleted [ X ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes ofservices identified as exhibits in Section 4. 1. 2.) Exhibit 'A' : ZGA 2024 Hourly Billing Rates Exhibit 'B': A/E Design Fee Proposal dated 4 June 2024 (Paragraph Deleted) Exhibit 'C' Meeting Minutes dated 21 May 2024 [ i t This Agreement entered into as of the day and year first written anLL j.. OWNER (Signature) AR HI CT (Signature) Keith Watts, Procurement Manager Steve . Turne , , Principal (Printed name and title) (Printed rn itle, and license nun , ifrequired) I i E Init. AIA Document 8133 — 2019. CopyrighlO 2014, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,""'AIA; the AIA Logo, and °AIA Contract Documents° are trademarks of The American Institute of Architects. This document was produced at 09:51 :39 ET on 06/13/2024 24 under Order No.4104243580 which expires on 0710312024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA / Contract Documentsw Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA49) EXHIBIT `A' The following represents ZGA's compensation rates for services provided on a time and expense basis for 2024. Principal $200 per hour Senior Project Manager $190 per hour Project Manager $135 per hour Architect 1,2,3 $105-118 per hour Senior Intern $98 per hour Intern $88 per hour Administrative $77 per hour Consultants 115% of invoice to ZGA Reimbursable Expenses Cost+ 10% Reproduction Drawings (paper) $1.25/sheet Reproduction 8 1/2 x 11 $0.15/sheet Vehicle Mileage $0.67/mile Miscellaneous Costs (not in-house) 115% of invoice to ZGA Exhibit 'B' ZGA ARCHITECTS &PLAN NEKS,CHAKTEPLED I N I A kl 1 11 1) 11 1111;:::111111W 4 June 2024 Mr. Garrett White Recreation Manager City of Meridian Parks & Recreation Department 33 East Broadway Avenue, Suite 206 Meridian, Idaho 83642 Re: City of Meridian Community Center Schematic Design / Design Development Meridian, Idaho 83642 ZGA Project No.: 2264.00 Dear Garrett: Thank you for this opportunity to work with the City of Meridian Parks & Recreation staff and with the community of Meridian, Idaho on its new community center. As requested, we are providing this fee proposal for Schematic Design, Design Development, Construction Documentation, Procurement and Construction Phases services for the Settler's Park site. For this Work, our design team will be: Architect: ZGA Architects and Planners, Chartered Principal-in-Charge: Steven C. Turney, NCARB, AIA, LEED AP Project Manager: Lance Fish, AIA Civil Engineer: Erickson-Civil, Inc. Project Manager: Ross Erickson, P.E. Landscape Design: Jensen-Belts Associates Principal: Bruce Taylor, L.A. Structural Engineering: Axiom, PLLC Principal: Lee Harrison, P.E., S.E. Mechanical Engineering: Engineering Consultants, Inc. President: Cathy Miller, P.E. Electrical Engineering: Engineering Consultants, Inc. Director of Electrical Engineering: Bruno Loza, P.E. Audio-Visual Design: AVI Boise Executive Account Manager: Greg Nettles ue,neers umerjcv41" WUCre A=H"- M 300 E.Mallard Dr.,Suite 325 Boise,Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zga.com Mr. Garrett White 4 June 2024 Page 2 of 6 Background The City of Meridian has moved forward with the purchase of the 11-acre West Ada School District site to the west of and adjacent to Settler's Park. For this phase of the Work, the City of Meridian has asked the design team to proceed with Schematic Design, Design Development, Construction Documentation, Procurement and Construction Phases services. Though earlier site layouts were provided to minimize the footprint of the building and parking, this proposal will be to provide development of the entire site and integrate it with the existing Settler's Park and to fully develop the design for the community center. Project Description, Understandings and Assumptions A summary of the requested services is as follows: • Schematic Design Services • Conceptual site plan • Conceptual landscape areas • Conceptual floor plan • Conceptual building elevations • Conceptual building section • Conceptual perspective sketches of facility, site • Written narrative explaining design concepts, materials, systems • Design Development Services • Further development of Schematic drawings • Site work including amenities, utilities, drainage • Parking, walks and integration into existing park • Site lighting • Landscape layouts • Mechanical Systems • Plumbing Systems • Electrical Systems • Fire protection systems • Audio visual systems • Outline specifications including cut-sheets of equipment, systems and products • Presentation materials • Construction Documentation • Drawing Set a. Cover Sheet b. Code Analysis, Life Safety Plans, Energy Compliance Reports c. Civil plan drawings and details for site development d. Structural drawings as required e. Site Plan and Site Details f. Landscape Plans and Details g. Floor Plans h. Reflected Ceiling Plans i. Roof Plans j. Building Elevations k. Building Sections, Wall Sections and Details I. Door and Room Finish Schedules and Details m. Enlarged Partial Plans (as required) 300 E.Mallard Dr.,Suite 325 Boise.Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zga.com Mr. Garrett White 4 June 2024 Page 3 of 6 In. Interior Elevations and Details o. Acoustical design will be integrated with the architectural drawings p. Mechanical, plumbing and electrical engineering drawings as required q. Audio-visual drawings as required for design intent • Specifications a. Specifications will be developed and issued in a separate specification manual • Permitting as required to Authorities Having Jurisdiction and to the City of Meridian. • Procurement Phase • ZGA will assist in answering bidding related questions, providing as-needed supplementary documentation.Analysis of alternative systems during this phase will be considered additional services if approved by Meridian Parks & Recreation. • Construction Phase • ZGA and the consultant team will provide full construction services. Construction administration includes reviewing Contractor's submittals and shop drawings, field observations and the review of work relative to the requirements of the contract documents, providing supplementary instructions and information to the Contractor and other related support activities as requested or required. • Other Included Services • SD/DD: (4) Council/Commission meetings, (6) meetings with Meridian Parks & Recreation • CD: (1) meeting with Meridian Parks & Recreation monthly, (5) total • CP: meetings at site as required with Contractor and Owner's representative Assumptions 1. Programming per 2022 Community Center Feasibility Study and Garrett White email 26 April 2024 2. ALTA Survey provided by the City of Meridian 3. Topographical survey provided by City of Meridian 4. Geotechnical report provided by City of Meridian 5. Construction cost estimating by Contractor Owner Responsibilities Meridian Parks & Recreation shall have obligations and responsibilities which may include but are not limited to: 1. Services of environmental and/or geotechnical engineers which may include but not be limited to test borings, pits, soil bearing values, percolation tests, evaluation of hazardous materials, etc. with reports and recommendations. 2. Services of a Commissioning Agent: The Owner will contract directly with a 3rd party Commissioning Agent. 3. Signage and Way-Finding Graphics: the Owner will contract directly with a third party sign vendor. ZGA can facilitate and coordinate Work with this vendor will include all code required signage, all room signage, all way-finding graphics and colors, and all exterior building signage and monument site signage. 4. Payment for all third-party special inspections and material testing. 5. Payment of all agency entitlement processing, approvals, plan review, power company engineering service fees, impact fees, certificates of zoning compliance, signage permits and building permits. Codes 300 E.Mallard Dr.,Suite 325 Boise.Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zga.com A*t Mr. Garrett White 4 June 2024 Page 4 of 6 2018 International Building Code 2018 International Existing Building Code 2018 International Energy Conservation Code 2018 International Fire Code 2018 International Mechanical Code 2018 International Fuel and Gas Code 2017 Idaho State Plumbing Code 2017 National Electrical Code 2009 ICC A117.1 Assumed Project Schedule Approximate time for Construction Documentation delivery is early- to mid-November 2024, permitting and bidding by mid-January 2025. Fee Proposal — Cost Estimate Projected Maximum Construction Cost $10,000,000.00 building/site (2022 Community Center Feasibility Study lists $9,891,875.00) Fee Proposal For Basic and Supplemental Services required, we propose that our fee be established as Seven Hundred Sixty-Three Thousand, Three Hundred Sixty and 00/100 Dollars ($763,360.00). These fees are broken down by discipline and by design phase as follows: Basic Fees (AIA B101-2017 Article 3) Discipline SD DID CD Total Architectural $ 79,680.00 $106,240.00 $212,480.00 $398,400.00 Structural $ 4,600.00 $ 7,763.00 $ 47,438.00 $ 59,801.00 Mechanical $ 6,762.00 $ 22,299.00 $ 39,066.00 $ 68,127.00 Electrical $ 6,452.00 $ 26,922.00 $ 30,521.00 $ 63,895.00 Total $ 97,494.00 $163,224.00 $329,505.00 $590,223.00 Supplemental Fees (AIA B101-2017 Article 4) Discipline SD DID CD Total Civil $ 13,268.00 $ 19,901.00 $ 73,650.00 $106,819.00 Landscape $ 7,820.00 $ 9,430.00 $ 17,664.00 $ 34,914.00 Arch Interiors $ 1,260.00 $ 1,680.00 $ 3,360.00 $ 6,300.00 Audio-Visual $ 5,021.00 $ 6,778.00 $ 13,305.00 $ 25,104.00 Total $ 27,369.00 $ 37,789.00 $ 107,979.00 $173,137.00 Procurement and Construction Phase Services Procurement and Construction Phase services will be on a Time & Materials basis Reimbursable Expenses Printing and mounting presentation materials is a reimbursable expense and will be billed at cost + 10%. 300 E.Mallard Dr.,Swte 325 Boise.Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zga.com A*t Mr. Garrett White 4 June 2024 Page 5 of 6 Change of Scope If any of the following circumstances affect our services for the project, ZGA and/or our consultants shall be entitled to an appropriate adjustment in our schedule and/or compensation: 1. Change in the instructions or approvals given by the Owner that necessitate revisions in our design/construction documents. 2. Enactment or revisions to codes, laws or regulations or official interpretations that necessitate changes to previously prepared design/construction documents. 3. Significant changes in the project including but not limited to size, quality, complexity, schedule, or budget. General Terms Termination or Suspension The Owner may terminate the Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. Either party may terminate the 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. If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. If services have not been completed within Twenty (20) months of the execution of an agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. If the Owner fails to make payments to the Architect in accordance with the 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 the Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. Basis of Agreement All portions of AIA A201-2017 are used as a basis for contractual understanding of each party to the Work, unless otherwise agreed upon in writing. Approval The purpose of this letter is to define our basic agreement for the Schematic Design and Design Development services. If it meets with your approval, then we will follow up with the formal services agreement. We are ready to get started on this exciting project. Please contact me with any questions or if you require additional information. 300 E.Mallard Dr.,Suite 325 Boise.Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zga.com A*t Mr. Garrett White 4 June 2024 Page 6 of 6 Sincerely, ZGA Architects and Planners, Chartered Lance Fish AIA att: Billing Rates Exhibit'A' cc: Job File/Div.A 300 E-Mallard Dr-,Suite 325 Boise.Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zga.com EXHIBIT `A' The following represents ZGA's compensation rates for services provided on a time and expense basis for 2024. Principal $200 per hour Senior Project Manager $190 per hour Project Manager $135 per hour Architect 1,2,3 $105-118 per hour Senior Intern $98 per hour Intern $88 per hour Administrative $77 per hour Consultants 115% of invoice to ZGA Reimbursable Expenses Cost+ 10% Reproduction Drawings (paper) $1.25/sheet Reproduction 8 1/2 x 11 $0.15/sheet Vehicle Mileage $0.67/mile Miscellaneous Costs (not in-house) 115% of invoice to ZGA Exhibit 'C' ZGA ARCHITECTS &PLAN NEKS,CHAKTEPLED I N I A kl 1 11 1)1-,7.11 1111;:::111111W Meeting Minutes Meeting Date: 21 May 2024 Project Name: Meridian Community Center, Meridian, Idaho Project Number: 2264.01 Recorded By: Lance Fish Attendees: Garrett White/ Meridian Parks & Recreation Steve Siddoway/Meridian Parks & Recreation Mike Barton/ Meridian Parks & Recreation Steve Turney/ZGA Lance Fish /ZGA An in-person meeting was held at Meridian City Hall to cover topics regarding the new Community Center located on newly purchased WASD property adjacent to Settler's Park. ZGA is tasked with ensuring that all aspects of the design are covered when resubmitting an updated fee proposal. Site (reference "Bubble Design") 1. Remote restroom at dog park—this restroom facility to be designed for year-around use, not to be winterized. This will require an HVAC system to continue through the winter. Remote locking. 2. Dog park— need appropriate fences. May need the doggie amenities for waste cleaning, watering, etc. 3. Parking — in addition to the three "areas" for parking, there will be curbside parking along the dog parks. 4. Play amenities — playground (equipment &fibar) and a concrete slab and equipment for basketball play. 5. Open play field —gated access from the front parking lot, available for use as for overflow or event parking, no grasscrete. 6. ACHD — Meridian Parks & Recreation requests help with the pre-application documents for ACHD in getting traffic control (stoplights) at Ustick Road and Venable Avenue. Facility (reference "Meridian Community Center") 1. Additional restrooms— exterior accessed restrooms on one end of the community center for access to the open play fields. Remote locking. 2. Security—access control throughout facility. 3. Clarification —there will be an indoor basketball court in the flex spaces. This will be a consideration for designing lighting, air and structure. End of Meeting Minutes The foregoing is the author's understanding of the content of this meeting. If the attendee's understanding differs from the above,please respond to the author within ten working days. att: Bubble Design for School District Property Meridian Commmunity Center—Department Vision April 2024 cc: Div A: File Garrett White Steve Siddoway Mike Barton ueMeers umerjcv41" WUCre A=H"- M 300 E.Mallard Dr.,Suite 325 Boise,Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zga.com Ross Erickson Bruce Taylor Lee Harrison Cathy Miller Bruno Loza Greg Nettles 300 E.Mallard Dr.,Suite 325 Boise.Idaho 83706 t: (208)345.8872 f: (208)343.7162 www.zp-com A*f r LIT- co f rr E, E rI e� v .{yam rye t F � . S biz ``� ei Meridian Community Center The Vision: The new Meridian Community Center will be the City's hub for community education programs. We will offer classes, camps, and activities for children, teens, adults, seniors, and families. Multi-purpose rooms of various sizes will host activities and City- sponsored community events year-round. A gym space will be multi-purpose for sports, as well as a variety of classes and other activities. Presence & Materials: Materials should be quality, long-lasting, durable, and low maintenance. The Community Center should have a presence at ground level that invites people into an attractive, inviting space. Community Center Uses: Use types for the Community Center will include multiple classes and camps for all ages, activity space, smaller performances, fitness/wellness. Most uses will be scheduled and reserved (i.e., classes, summer camps, meetings, city sports leagues), others may be drop-in (i.e., lobby). The facility will need to accommodate multiple user groups simultaneously. Building security (i.e. badge access) needs to be considered so the building may be used when not staffed. Size: The approximate size of the Community Center is 17,000 - 20,000 square feet. A maximum of 22,827 square feet is eligible for park impact fees. Community Center Defined: What it is: The Community Center will provide many new and expanded programs and services, with a focus on community education. The new Community Center will be a series of multi-use rooms for classes, camps, meetings, and City-sponsored events as described above. What it is not: It is not intended as a place for private events, weddings, or parties; this function will be left to the private sector. It is not a performing arts center; while our community needs a future performing arts center, it will be a separate project from this one. It is not a recreation center, which typically includes weights and cardio equipment, gymnasium space, and/or an indoor pool. We intend to work with the YMCA for future partnerships to fill this need. Building Program Following is the draft program for the Community Center, subject to refinement through the design process: • 1 Large Community Room / Gym Space +/- 6,000 o For large gatherings and City events o City sports leagues, Pickleball o Multi-Purpose gym flooring o Divisible to accommodate community education classes o Stage or no stage (like an elementary school gym)? o Storage • 3 Multi-Purpose Classrooms +/- 900 sf o For classes, meetings, etc. o Sink and cabinets in each • 1 Conference Room +/- 300-400 sf o For a variety of community organization meetings • Arts & Crafts Room +/- 1 ,500 s.f. o Storage o Floor drains o Space for a small kiln o Storage • Fitness/Yoga Room +/- 1 ,500 sf o For a variety of exercise classes • Demonstration Kitchen Classroom +/- 1 ,100 o Catering kitchen for warming/serving, and demonstrations • Offices/Workstations o Reception front counter 0 1 large open office area with 3 8x8 workstations +/- 700 0 1 walled office for Facility Manager o Counter Space and Supply Storage o Break Area w/ sink and cabinets • Lobby / Drop-in Area o Seating Area & Tables o Area for Pool/Foosball/Ping Pong tables • Restrooms o Men's & Women's 0 2 Family Restrooms with seating for changing area and showers o No separate locker rooms • Storage o Lots of it; exact needs TBD during design development o Decentralize, not all in one location. • Mechanical Room o Washer and Dryer hookups o Floor sink o IT o HVAC • Outdoor Play Area / Event Lawn o Patio Area o Connected to Community Room o Play Structure o East Facing to connect with existing park • Parking & Delivery 0 100+ spaces for the community center. o Accessible stalls, as required by code o Drop off/short term parking area o Delivery area o Note: Additional parking will be needed adjacent other park uses (i.e. dog park), plus another 220+/- spaces for MYB/Additional Park event parking. o Note: Create an access from the north parking area to the existing park maintenance shop. Create a cross access connection from the south parking area to the undeveloped lot the south.