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HomeMy WebLinkAboutAIA Agreement with Architect SPF Water Engineering for WWTP Laboratory+1 ~ ` Standard ®rm ®f Agreement etween caner and Architect, Consfruction Manager as Adviser Edifion AGREEMENT made as of the sixth day of February in the year two thousand and thirteen (ba words, indicate dory, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal stales, address and other irtforncalioac) completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 East Broadway Avenue Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the Telephone Number: 208-898-5500 standard form text is available from the author and should be reviewed. A vertical line in the left margin of this and the Architect: document indicates where the author (Marne, legal slalus, address and outer is forartalioaa) has added necessary information and where the author has added Fo or SPF Water Engineering, LLC deleted from the original AIA text. 300 East Mallard Drive This document has important legal Suite 350 consequences. Consultation with an Boise, ID 83706 attorney is encouraged with respect Telephone Number: 208-383-4140 to its completion or modification. This document is intended to be used for the following Project: in conjunction with AIA Documents T' ' (Name, location and detailed description) A132 ' -2009, Standard Form of Agreement Between owner and Wastewater Treatment Plant Laboratory Contractor, Construction Manager as Adviser Edifion; A232TM'-2009, 3401 North Ten Mile Road General Conditions of the Contract Meridian, ID 83642 for Construction, Construction Anew laboratory building at the City's wastewater treatment plant. Project includes a Manager as Adviser Edition; and 6,000 square foot expansion of the existnig 2,000 square foot wastewater treatment plant C132T~A-2009, standard Form of laboratory. This expansion might include ttp to two story struchtre with ulterior Agreement Between Owner and observation platform, and testing space for physicals, dennand/nutrients, microbiology, Construction Manager as Adviser. metals (fiihire), saunple receiving, acid cleaning, chemical storage, laboratory storage, record storage, laboratory supervisor, break room, mechanical/electrical and restrooms. AIA Document A232""-2009 is , The fiihtre metals testing space is planned to be added in the existing building after the adopted in this document by reference. Do not use with other expansion is constructed and occupied. general conditions unless this The Construction Manager: document is modified. (Nance, leg~d stahas, nddress acad ollaer informafioaa) Beniton Constriction, Inc. 366 SW 5th Avenue Suite 104 Meridian, ID 83642 Telephone Number: 208-884-0027 The Owner and Architect agree as follows. Init. AIA Document B132TM - 2008 (formerly 8141 TM'CMa -1982). Copyright ©1992 and 2009 by The American Institute of Architects. Alt rights reserved. / This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/2412014, and is not for resale. User Notes: (1131753559) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section L 1. (Note the disposition for the following items by inser7irrg the rerlrrested information or' a stalernent such as "not applicable, " "unkrrolam at tune of execution" or "to be determined later by ntntual agreement. ') § 1.1.1 The Owner's program for the Project: (Identify doctrrnerrtation or state the manner in which the program will be developed.) The City of Meridian has completed a Laboratory Space Evahiation Technical Memorandum (by HDR Engineering, Inc., dated October 19, 2010) and a Concephtal Evaluation of a New Laboratory and Administration Builduig for flee Meridian WWTP (by CH2M HiII, dated April 23, 2012). The City also distributed other basis of planning materials with Addendum #1 to the City's Request for Qualifications for consultant selection. These documents establish the initial estimation of laboratory space requirements and testing areas. § 1.1.2 The Project's physical characteristics: (Identify or describe, if appropr7ate, size, location, dirnensiorrs, or• other pertinent it for~natiorr, such as geotechnical reports; site, boundary and Topographic surveys; franc and trtiJity strtdies; rrvailabilily of public and private utilities curd services; legal description of the site; etc.) The existing laboratory is approximately 2,000 square feet and will be used for fiiture metals testing and other miscellaneous uses. The Iaboratory expansion will be approximately 6,000 square feet and will include all other spaces. The entire building will be located within the boundary of the City's wastewater treatment plant. The City will provide information on treatment plant yard piping and other underground utilities. An updated geotechnical evaluation for the location of the Iaboratory building expansion will be prepared by Owner's Consultant. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total ~rnd, if krroianr, a line item breakdotv~r.) $1.9 million. Init. AIA Document 8132*"" - 2009 (formerly B141'MCMa - 1882). Copyright ©1992 and 2009 by The American Instituie of Architects. All rights reserved. This document was produced by AIA software at 10:28:03 on 01/31!2013 under Order No.4696376958_1 which e~ires on 01124/2014, and is not for resale. User Notes: (1131753559) § 1.1.4 The Owner's anticipated design and constntction schedule: .1 Design phase milestone dates, if any: Final design complete: May 31, 2013. .2 Conunencement of construction: Approximately August 1, 2013 (or later, depending on the progress of the RV dump relocation and the constntction schedule being managed by the Construction Manager). .3 Substantial Completion date or milestone dates: September 30, 2014. .4 Other: Notice to Proceed for design: February 6, 2013. § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, if Mtltiple Prri~re Contractors are used, the lean "Corrtractot•" as referred to throughout !Iris Agr•eerueul 1an11 be as afplural au mmber•.) [ ] One Contractor [ X ] Multiple Prime Contractors [ ] Unknown at time of execution § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased constntction are set forth below: (Last number and t)~pe of bid/pr•octrrernenipickages.) Construction Manager will issue multiple bid packages. The Construction Manager is responsible for breakuig out bid packages from a single set of constntction Documents. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project trot provided elsewhere, such as envirotrmetrtully responsible design or historic preset•t~afion regtirements.) LEED Silver Certificaiton is being sought. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (Last Warne, address artd other ar formation.) David Allison 33 East Broadway Avenue Meridian, ID 83642 Telephone Number: 208-898-5500 Email Address: dallison@meridiancity.org § 1.1.9 The persons or entities, ui addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List frame, address and other ar formation.) (rllt. AIA Document 6132*M - 2009 (formerly 6141 TMCMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. Alf rights reserved. 3 This document was produced by AIA software at iD:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1131753559) David Allison 33 E Broadway Ave Meridian, ID 83642 208-898-5500 § 1.1.10 The Owner will retain the following consultants: (List /tame, legal status, address and outer inforrrtatiart.) .1 Construction Manager: The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention: ,2 Cost Consultant (fin addition to the Constntction Manager): (If u Cost Corrsultaut is retained, appropriate references to the Cost Cousttltaut should be inserted in Sectiorts3.2.6,3.2.7,3.3.2,3.3.3,3.4.5,3.4.6,5.4,6.3,6.3.1,6.4aud11.6.) N/A .3 Land Surveyor: Civil Survey 1400 East Watertower Street Meridian, ID 83642 .4 Geotechnical Engineer: Strata, Inc. Dan Gada 8653 West Haekamore Drive Boise, ID 83709 5 Civil Engineer: N/A 6 Other consultants: (List ar?y other consttltmrts retained by fhe Otanter, such as a Project or Program Manager, or schedtrlirtg cousultaut.) Owner will retain Consultant(s) for design and systems integration for Security and Supervisory Control and Data Aquisition (SCADA) systems. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.3: (List rrarrte, address and outer irrforrrurtiou.) Init. AIA Document 6132*~^ - 2009 (formerly B141'"'CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects, AIt rights reserved. 4 This document was produced byAlA software at 10:28:03 on 01/3112013 under Order No.4696376958_1 which expires on 01/2412014, and is not for resale. User Notes: (1131753559) David Keil 300 East Mallard Drive Suite 350 Boise, ID 83706 Telephone Number: 208-3$3-4140 Mobile Number: 208-830-0842 Email Address: dkeil@,spfwater.com § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address and other nafoa7saatioaa.) § 1.1.12.1 Consultants retanted under Basic Services: .1 Structural Engineer: Lochsa Engineering Riley Mahaffey 201 North Maple Grove Road Boise, ID 83704 Telephone Number: 208-342-7I68 2 Mechanical Engineer: Musgrove Engineering Charles Paulin 234 South Whisperwood Way Boise, ID 83709 Telephone Number: 208-384-0585 3 Electrical Engineer: Musgrove Engineering Kurt Lechtenberg 234 South Whisperwood Way Boise, ID 83709 Telephone Number: 208-384-0585 § 1.1.12.2 Consultants retauted under Additional Services Carole Leong, 17 Iris Avenue, San Francisco, CA 94118. 415-379-6097. The Land Group, 462 East Shore Drive, Suite 100, Eagle, ID 83616. 208-939-4041. Johnson Architects, PC, 36 E Puie Ave, Meridian, ID 83642. 208-846-9033. Sprague Solutions, 615 West Hays Street, Boise, ID 83702. 208-331-7737. § 1.1.13 Other Initial Information on which the Agreement is based: SPF Water Engineering, LLC (SPF) is the prune consultant for this Agreement with the City of Meridian. For the purposes of this Agreement only, the use of the term Architect shall refer to SPF as the fnan will bear all rights and responsibilities to perform the services provided herein per the terms and conditions of this Agreement. A firm licensed to perform architecture is the Architect of Record for the project upon execution of Consultant Agreement with SPF. Owner agrees and acknowledges SPF can subcontract services set forth ni this agreement. Init. AIA Document 6132TM - 2009 (formerly 6141'"'CMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24!2014, and is not for resale. User Notes: (1131753559) 5 § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, ih that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Consttttction Manager as described in AIA Document C 132TT`~-2009, Standard Form of Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and knits the Architect normally maintains, the Owther shall reimburse tine Architect for any additional cost. I § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) combined single linhit and aggregate for bodily injury and property damage. § 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at stahttory linnits and Employers Liability with a policy limit of not less than ($ ). § 2.6.5 Professional Liability covering the Architect's negligent acts, errors and omissions ih its performance of professional services with policy knits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) per claim and in the aggregate. § 2.6.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional iisured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described ii Article 3 and include usual and customary stntctural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. Init. AIA Document B132*R" - 2009 (formerly 8141'MCMa - 1992). Copyright ©1992 and 2009 by The American Instituie of Architects. Alt rights reserved. ~ This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/2412014, and is not for resale. User Notes: (1131753559) 6 § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information fitntished by the Owner, the Construction Manager, and the Owner's other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion iu the Project schedule prepared by the Construction Manager. The schedule ofthe Architect's services shall include design nulestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (I) for the Owner's review, (2) for the Constntction Manager's review, (3) for the performance of the Owner's consultants, and (4) for approval of submissions by authorities having •jurisdiction over the Project. § 3.1.4 The Architect shall submit ntformation to the Construction Manager and participate in developing and revisumg the Project schedule as it relates to the Architect's services. § 3.1.5 Once the Owner and the Architect agree to the time limits established by the Project schedule, the Owner and the At•ehitect shall not exceed them, except for reasonable cause. § 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance ofnon-conforming Work, made without the Architect's approval. § 3.1.7 The Architect shall, at appropriate times, in coordination with the Constntction Manager, contact the governmental authorities required to approve the Constntction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providutg utility services. § 3.1.8 The Architect shall assist the Owner and Constntction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information fiunished by the Owner and Constntction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3,2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (I) any inconsistencies discovered in the information, and (2) other infornation or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Constntction Manager and shall discuss with the Owner and Constntction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the Owner and Construction Manager, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and prelimuiary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. Inst. AIA Document B132TM~ - 2008 (formerly 8141""CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 7 ~ This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/2412014, and is not for resale. User Notes: (1131753559) § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and builduig 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 other environmentally responsible design services tinder Article 4. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Wark. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Ovarer and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Construction Manager's review continents and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project's size, quality or budget, and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.2.8 In the fiu•ther 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 Constntction Manager's agreement with the O~~nier. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review. The Design Development Documents shall be based upon utformation provided, and estunates prepared by, the Construction Manager and shall illushate 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 diagrarmnatic layouts of building systems to fix and describe the size and character of the Project as to architectural, struch~ral, mechanical and electrical systems, and such other elements as maybe appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general thew quality levels. § 3.3.2 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 Constntction Manager to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval and the Constntction Manager's review. The Construction Documents shall illustrate and describe the fiu-ther development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to constrltct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities havnlg jurisdiction over the Project. Ihit. AIA Document 6132T"~ - 2009 (formerly B141 TMCMa -1992). Copyright ©1992 and 2009 by The American Instiluie of Architects. All rights reserved. 8 / This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24!2014, and is not for resale. User Notes: (1131753559) § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Constnrction Manager in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, inchtding bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions of the Contract for Construction and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.5 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 tinder Section 6.7 and request the Owner's approval of the Construction Documents. § 3.5 Bidding or Negotiation Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successhil bid or proposal, if any; and (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Constntction Manager in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders, and .3 preparing responses to questions fi•om prospective bidders and providing clarifications and uiterpretations of the Bidding Documents in the form of addenda. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitrttions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Constntction Manager in obtaining proposals by .1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 participating ui selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substihitions, and shall consult with the Constntction Manager and prepare and distribute addenda identifying approved substitrrtions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232TM-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. Init. AIA Document 8132*M - 2008 (formerly 8141 T"CMa -1882). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ~ This document was produced by AIA software at 10:28:03 on 0113112013 under Order No.4696376958_1 which expires on 01/2412014, and is not for resale. User Notes: (1131753559) § 3.6.1.2 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 far the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Consh•uction Manager, or the Conh•actor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the fmal Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the partion of the Work completed, and to detennine, in general, if the Work observed is being performed in a mamler iidicating that the Work, when fully completed, will be in accordance with the Coufr•act Documents. However, the Architect shall not be requi•ed to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and the Construction Manager (1) known deviations fi•om the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Consh•uction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, iistalled or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performiig 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 the Constniction Manager, Owner, or Contractor through the Construction Manager. The Architect's response to such requests shall be tuade in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 hiterpretations 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 iu the form of drawiigs. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be Iiable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relatiig to aesthetic ellect shall be final if consistent with the intent expressed ii the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232-2009, the Architect shall render initial decisions on Clains between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify art application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor's Application and Certificate for Payment that the Conshllction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment ii such amount. Init. AIA Document 6132T'a - 2008 (formerly B1417M11CMa -1892). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 10 ~ This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/2412014, and is not for resale. User Notes: (1131753559) .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors' Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect's certification for payment shall constihrte a representation to the Owner, based on (I) the Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractors Application for Payment or the data comprising the Project Application for Pa}nnent, and (3) the reconumendatian of the Construction Manager, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evautation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Pa}nnent shall not be a representation that the Architect has (1) made exhaustive or contuiuous on-site inspections to check the quality or quantity of the Work, (2) reviewed constnrction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintaur 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 Project submittal schedule and shah not unreasonably delay or withhold approval. The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken ni 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 Iu accordance with the Architect-approved Project submittal schedule, and after the Construction Manager reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawutgs, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Gorltractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any constnrction 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 Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retauied by the Contractor that bear such professional's seal and signahrre when submitted to the Architect. The Architect shalt be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the constnrction Manager's reconunendations, and subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for unformation. 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 nahrre of the clarification requested. The Architect's response to such requests shall be made in writing within any time linuts agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for infornation. Init. AIA Document 6132TM' - 2009 (formerly 8141 T'ACMa -1982). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 11 ~ This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1131753559) § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals h•ansmitted by the Conshuetion Manager in accordance with the requirements of the Contract Documents. Init. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Cornstnfetion Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Tirne. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepared by the Constriction Manager; receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final Contractor's Application and Certificate for Paynnent or a fuial Project Application and Project Certificate for Payment from the Constriction Manager, issue a fmal Certificate for Payment based upon a final inspection indicatiig the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete by the Constriction Manager and Architect, and after certification by the Construction Manager and the Architect, the Architect shall inform the Owner about the balance of the Contract Sum remainiig to be paid the Contractor, including the amount to be retained fi•om the Contract Stun, if any, for final completion or correction of the Work. § 3.6.6.4 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 perfornnance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but maybe requi•ed for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second cohrrnn of the table beloty. Irr the 1lrird coltnnn indicate whether the service description is located in SecNorr 4.2 or in an attached exhibit. If ir? art exhibit, identify the exhibit.) Services Responsibility (Architect, Otinrer or' Not Provided) Location of Service Description (Section 4.2 below or irz an ea~hibit attached to this document and idertti~ed beloti) 4.1.1 Pro ranunun Architect 4.1.2 Multi le t•eliminar desi ns Not Provided 4.1.3 Measured drawin s Not Provided 4.1.4 Existin facilities surve s Ownner 4.1.5 Site evaluation and tannin (B203Tnr-2007 Not Provided 4.1,6 Buildin information nnodelin Not Provided 4.1.7 Civil en ineerin Architect 4.1.8 Landsca e desi n Architect AIA Document B132T"' - 2009 (formerly 6141 T~^CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. AIE rights reserved. 12 This document was produced by AIA software at 10:28:03 on 01/31/2013 wider Order No.4696376958_1 which e~ires on 01/2412014, and is not for resale. User Notes: (1131753559) 4.1.9 Architeehtral interior desi n (B252TM-2007 Architect 4.1.10 Value anal sis (B204TM-2007 Owner (CM) § 4.1.11 Detailed cost estunatu~ Owner (CM) § 4.1.12 On-site roject re resentation (B207TM-2008 Owner (CM) § 4.1.13 Conformed constn~ction documents Not Provided § 4.1.14 As-desi ned record drawntgs Not Provided 4.1.15 As-constntcted record drawin s Not Provided 4.1.16 Post occu atie evaluation Not Provided 4.1.17 Faclit su ort services (B21 OTA'-2007 Not Provided 4.1.18 Tenant-related services Owner 4.1.19 Coordination of Owner's consultants Architect 4.1.20 Telecommunications/data desi tt Architect 4.1.21 Secttrit evaluation and lamlin (B206TM-2007 Owner 4.1.22 Comntissionin (B211TM-2007 Not Provided 4.1.23 Extensive environmental) res onsible desi t Not Provided 4.1.24 LEED'S' certification (B214TM-2007) Architect 4.1.25 Historic reservation (B205TM-2007 Not Provided § 4.1.26 Futnihtre, fiirttishings, and equipment design (B253TM 2007} Architect § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not fiirther described ut an exhibit attached to this document. Civil engineering includes desgtl of grading, drainage, and paving. Landscape design includes irrigation and landscaping planting. Coordination of Owner's consultants includes communication with geotechnical enguieer and land surveyor under contract with Owner. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required dtte to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services tleeessitated by a change in the Initial Information, previous instntctions or reeonunendations given by the Construction Manager or the Owner, or approvals given by the Owner, or a material change in the Project including, but not )united to, size, quality, complexity, building systems, the Owner's schedule or budget for Cost of the Work, constnictability considerations, procurement or delivery method, or bid packages iu addition to those listed in Section I.1.6; .2 Making revisions ui 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 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 equiptent; .3 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certif cation; .4 Changing or editing previously prepared htstruments of Service necessitated by the enachnent or revision of codes, laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner's other consultants or contractors; Init. AIA Document 6132T~' - 2009 (formerly 8141 ""CMa - 1882). Copyright ©1992 and 2009 by The American Institute of Architects. Alf rights reserved. 13 This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1131753559) .6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Constnnetion 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 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting fr orn fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no fiuther obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared ii accordance with the Contract Documents or where such information is available to the Contractor from a carefirl study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Frojeet correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that requi•e evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evahtatiug substitutions proposed by the Owner, Construction Manager or Contractor and making subsequent revisions to Instnunents of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When tine limits below are reached, the Architect shall notify the Owner: .1 One (1) reviews of each Shop Drawing, Product Data item, sample and similar subnuttals of the Contractor .2 Thi•ty-two (32) visits to the site by the Architect over the duration of the Project duriig constnrction .3 Four (4) 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 Two (2) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Nineteen (19) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely nnamier regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall fiirnish the requested iifornnation as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C132 2009, Standard Form of Agreement Between Owner and Constriction Manager. The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager, and any fiuther modifications to the agreement. Init. AIA Document B132TM' - 2009 (formerly B141 T"'CMa -1982). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 14 This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1131753559) § 5.3 The Owner shall fiunish the services of a Construction Manager that shall be respansible for creating the overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds. § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section G I, (2) the Owner's other casts, and (3) reasonable contingencies related to all of these costs. The Owner shall furnish the services of a Canstniction Manager that shall be responsible for prepariig all estimates of the Cost of the Work. If the Owner significantly increases ar decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect and the Constntetion Manager. The Owner and the Architect, ii consultation with the Consri•uction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast-track schedulitg provides a benefit, but also can•ies 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 itstalling elements of the Project prior to the completion of all relevant. Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If the Ot ner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.6 The Owner shall fi~rnish surveys to describe physical characteristics, legal linutations 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 stntchires; designated wetlands; adjacent drainage; rights-ol=way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing builditgs, other improvements and trees; and iiformation concerning available utility services and lines, both public and private, above and below grade, iicludutg inverts and depths. All the iifonnation on the survey shall be referenced to a Project benchmark. § 5.7 The Owner shall fitrnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground con•osiort tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recormuendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts behveen the Owner and the Owner's consultants. The Owner shall fitrnish the services of consultants other than those designated in this Agreement, or authorize the Architect to fitrnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall fiuYiish tests, inspections and reports required by law or the Contract Documents, such as stntetural, mechanical, and chemical tests, tests for air and water pollutian, and tests for hazardous materials. § 5.10 The Owner shall fitrnish all legal, insurance and accounting services, including auditing services, that tnay be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 Except as otherwise provided in the Contract Documents or when direct comrmtnicationshavc been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and shall contemporaneously provide the same cormnuuications to the Architect about matters arising out of or relating to the Contract Documents. Conununications by and with the Architect's consultants shall be through dte Architect. Init. AIA Document B132T"" - 2009 (formerly 6141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ~ This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.469637(i958_1 which e~ires on 01!24/2014, and is not for resale. User Notes: (1131753559) 15 § 5.13 Before executing the Contract for Constntction, the Owner shall coordniate the Architect's duties and responsibilities set forth in the Contract far Conshuction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 Far purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. Tl~e Cost of the Work includes the compensation of the Construction Manager and Construction Manager's consultants during the Conshuction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of--way, financing, contnigencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in fititial Information, and may be adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contulgeneies 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 Canstruction 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 n~accuracies or incompleteness in preparing cost estimates. The Architect may review the Constntction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Constntction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Constntction Manager, shall make appropriate recommendations tothe Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect ui making such adjushnents. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget far the Cost of the Work, the Owner shall .1 give written approval of an increase ui the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section G6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that Inlt. AIA Document 6132T"~ - 2009 (formeriy 8141 ""CMa - 1982). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 16 / This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1131753559) exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes uiitiated 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 warant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instnunents of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instnunents of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, includutg copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the ?,rchitect grants to the Owner a nonexclusive license to use the Architect's fiish•uments of Service solely and exclusively for purposes of constnicting, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, uicluding prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses fi•om the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Construction Manager, Subcontractors, Sub-subcontractors, and material or egttipmeut suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfitlly terninates 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 bylaw, fiirther agrees to utdetnnify 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 nnplied tender this Agreement The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arisuig out of or related to this Agreement in accordance with the requirenteuts of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009, 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 u~ favor of the other parties enumerated herein. Init. AIA Document 6132TM - 2008 (formerly 8141 T"'CMa -1992). Copyright ©1992 and 20D9 by The American Institute of Architects. All rights reserved. 17 / This document was produced by AIA software at 10:28:03 on 0113112013 under Order No.4696376956_1 which e~ires on 01/24!2014, and is not for resale. User Notes: (1131753559) § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless fi•aru and against damages, losses and judgments arising from claims by third parties, uicluding 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 ui the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This muh~al waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.1.5 Architect shall not be required to sign any documents, no matter by wwhom requested, that would result in Architect's having to certify, guaranty, or warrant the existence of conditions that Architect cannot ascertain. § 8.2 Mediation § 8.2.1 Arty 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 arisuig 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 binduig dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties muhtally agree otherwise, shall be administered by the Arnericau Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made ni writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request maybe 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 binduig 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 nnrtually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof: § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check fhe appropz7ale bor. If the Owrzer and ~ireTzilec/ do zzot' select a rrzetTzod o f binding dispute resoltrliorz below, or do »ot srrbsequezrlly agree in writing to n binding dispute resolu/iort znetbod o/her /ban li/iga/iozz, the dispute will be resolved in a co:a? of competent jur•isdicliorz.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation nr a court of competent jurisdiction [ ] Other: (Specify) (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect ut 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. hr 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 Init. AIA Document B132T"' - 2009 (formerly 8141 T'"CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. / This document was produced by AIA software at 10:28:03 on 01/3112013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1131753559) 18 incurred in the interruption and resumption of the Architect's services. The At•chiteet'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 remainng 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 tettns of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to ternuiation, together with Reimbursable Expenses then due and all Termuiation Expenses as defined u~ Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and inchtde expenses directly attributable to terntination for which the Architect is not otherwise compensated, plus an amount for the P,rchitect's anticipated profit on the value of the services not performed by the Architect. § S.8 The Owner's rights to use the Architect's Instnuments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binduig dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a conh•actual relationship with or a cause of action ui favor of a thud 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 ofpersons to, hazardous materials or toxic substances in any form at the Project site. Init. AIA Document 6132T"' - 2009 (formerly 6141 T'"CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 19 ~ This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/2412014, and is not for resale. User Notes: (1131753559) § 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 Froject. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and conh•aetors whose contracts include similar resh•ictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (brser! amor/rr! of, or basis for; corttpensalion.) Architect's fee for Basic Services is a lump sum amount of $276,819, including subconsultants and reimbursibles. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Inset! cnnorrlr! of, or basis for•, cornperlsaliorr. If necessary, list specific ser~~ices !o which parliculm~ methods of conrpensafial apply.) Architect's fee for these additional services is a lump sum amount of $101,777, including subconsultants and reimbursibles. § 11.3 For Additional Services that may arise duruig the course of the Project, including those tinder Section 4.3, the Owner shall compensate the Architect as follows: (I»ser•l cnnoirn! of, or~ basis for, eorrlperrscrtiorr.) Time and materials based on the labor rate schedule identified in Section 11.7 and associated reunbursible expenses identified in Section 11.8, uichtdutg subconsultants fee with 10% markup and expenses with 10% markup. § 11.4 Compensation for 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 Ten percent (10.00 %), or as otherwise stated below: § 11.5 Wlrere compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Twenty-five percent ( 25 %) Design Development Phase Fifteen percent ( 15 %) Construction Documents Phase Thirty-five percent ( 35 %) Bidding or Negotiation Phase Five percent ( 5 %) Construction Phase Twenty percent ( 20 %) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases sinnrltaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona Init. AIA Document 6132TM - 2008 (formerly 8141 ""CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 20 This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/2412014, and is not for resale. User Notes: (1131753559) fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Consh•uction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach mr ~rhibit of horn•ly billing rates or i/rser•t therm below.) Exhibit A. Employee or Category Rate ($0.00} I § 11.8 Compensation for Project Related Expenses § 11.8.1 Project Related Expenses are included in compensation for Basic and Additional Services and areas follows: .1 (Paragraphs deleted) Printing, reproductions, plots, standard form documents; .2 Postage, handling and delivery; .3 Teleconferences; (Paragraphs deleted) .4 AIA contract documents software; and .5 Two single seat licenses of e-Builder document management software. Should other project related expenses become necessary, these expenses will be authorized by Owner in writing and Architect's total compensation adjusted prior to uncurrnig the expense. (Pmcrgraplts deleted) § 11.9 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes ofcompleting, using and maintaining the Project as follows: Licensing fee equal to the fee for services performed prior to termination for convenience. § 11.10 Payments to the Architect § 11.10.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account ui the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Paynents are due and payable upon presentation of the Architect's nnvoice. Amounts unpaid Thirty (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the pruicipal place of business of the Architect. (Insert tale of monthly or• arrnval interest agreed upon.) Zero. % 0% § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to innpose 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 bunduig dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special teens and conditions that modify this Agreement are as follows: Init. AIA Document B132TM' - 2009 (formerly 8141 TMCMa -1892). Copyright ©1992 and 2009 by The American Institute of Architects. Alf rights reserved. 21 / This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24!2014, and is not for resale. User Notes: (1131753559) For the purposes of this Agreement, the term Engineer and the term Architect may be used interchangeably. 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 maybe amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 132TM-2009, Standard Form Agreement Between Owner and Architect, Constriction Manager as Adviser Edition .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: None. .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: None. .4 Other documents: (List other docrnnerrts, if arty, including additional scopes of service, forrrrirzg part of the Agr•eemertf.) Programming (B202-2009). Architechiral Interior Design (B252-2007). LEED certification (B214-2012). Furniture, fiunishiigs, and equipment design (B253-2007). See attached Exhibit B. This exhibit includes Rendering #I, Rendering #2, Rendering #3, 2 pages of floor plan, and 1 page section from the proposal to the City of Meridian and depicts the general concept of the wastewater treatment plant laboratory expansion. This scope of services includes prograrrrrning, schematic design, design development, construction documents, bid period, and construction admilistration services related to the general concept depicted in these exhibits. Init. AIA Document 6132TM' - 2009 (formerly 6141 ""CMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 22 This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e>q~ires on 01/24/2014, and is not for resale. User Notes: (1131753559) This Agreement is entered into as of the day and year first written above. CITY OF MERIDIAN (OWNER) SPF WATER ENGINEERING, LLC Init. a ~ ~ ~_. BY: - ~. ~_ ys TAMMY de WE~Rp, MAYOR Dated: o~ ~ ~ ~ l~ BY: CATHY COOPEd~, Manager Dated: (Ro1v deleted) BY: TERRY SCANLAN, Manager ~„ ,r'X -" Dated: ~~ Approved by Council ~ "~~ ~ ~ ,. ",2ATaDnUw, sT l,9 o~, ~' ? ~ City of Atte t: ~ ! E'R®II~II~ I~I%~ EDFSn 9~~ JA CE . HOLMAN, CITY CLERK "`. ~~A~, ,,", ~t~ ~' ,,ap raeA$`~~`~ Purchasing Approval BY.~ _~' '.. r KEITH,,kI~/ATTS, I~urchasng Manager pity Project Manager `~ r ~` ~ ~~f°_" F 23 AIA Document 8132*"" - 2008 (formerly B141T"'CMa -1982), Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. / This document was produced by AIA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 0112412014, and is not for resale. User Notes: (1131753559) Exhibit A ~ SPF MATER ENGINEERING, LLC SCHEDULE OF HOURLY DILLING RATES Personnel Title 2013 billing Rate Terry Scanlan, P.E., P.G. Principal Engineer/Hydrogeologist $150 Christian Petrich, Ph.D., P.E., P.G. Principal Engineer/Hydrologist $145 Cathy Cooper, P.E. Principal Engineer $138 Bob Hardgrove, P.E. Principal Engineer $138 David Keil, P.E. Principal Engineer $138 Cyndy Bratz, P.E. Principal Engineer $138 Scott King, P.E. Supervising Engineer $135 Eric Landsberg, P.E. Project Manager $135 Brian Wilkinson, P.E. Project Manager $125 Kent Gingrich, P.E. Senior Project Engineer $116 Jason Thompson, P.E. Senior Project Engineer $108 Roxanne Brown Senior Water Right Specialist $100 Jesse Herndon, P.E. Project Engineer $98 Tofor Snider, P.E. Project Engineer $98 Marci Pape, P.E. Project Engineer $88 Kurt Norrell, P.E. Project Engineer $88 Lori Graves Water Right Specialist $88 Steve Bennett Designer I $85 Erik Boe, EIT Associate Engineer $77 Julie Romano Bookkeeping $65 Crystal Jensen Business Development Coordinator $65 Megan Tverdy Administrative $60 Note: Hourly billing rates will be adjusted on January 1St each year. diti®n~ ar~d eitins rt fir AIA®Document 8132r"~ - 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:28:03 on 01/31/2013. PAGE1 AGREEMENT made as of the sixth day of Febnlary in the year two thousand and thirteen City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone Number: 208-898-5500 SPF Water Eu int; eerin~ LLC 300 East Mallard Drive Suite 350 Boise, ID 83706 Telephone Number: 208-383-4140 Wastewater Treatment Plant Laboratory 3401 North Ten Mile Road Meridian, ID 83642 Anew laboratory building at the City's wastewater treatment plant. Protect includes a 6,000 square foot expansion of the existng 2,000 sctuare foot wastewater h•eatment plant laboratory. This expansion might uichide up to two story stntchlre with interior observation platform, and testing space for physicals, demand/nutrients, microbiology, metals (firture), sample receiving, acid cleaning, chemical stora>?e, laboratory storage, record storage, laboratory supervisor, break room, mechanical/electrical, and restrooms. The fithue metals testin>; space is planned to be added in the existing building after the expansion is constntcted and oceu ied. Beniton Constniction, Inc. 366 SW 5th Avenue Suite 104 Meridian, ID 83642 Telephone Number: 208-884-0027 PAGE 2 The City of Meridian has completed a Laboratory Space Evaluation Technical Memorandum (bv HDR En uit? eeruig, Inc.., dated October 19, 20I01 and a Concephtal Evaluation of a New Laboratory and Administration Buildin fog_ r the Meridian WWTP (by CH2M Hill, dated April 23, 2012). The City also distributed other basis of planning materials Additions and Deletions Report for AIA. Document B132T"" - 2009 (formerly 8141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. This document was produced byAlA software at 10:28:03 on 01131 /2 0 1 3 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1131753559) with Addendum #1 to the City's Request for Qualifications for consultant selection. These documents establish the initial estimation of laboratory space requirements and testut a~? reas• The existing laboratory is approximately 2,000 square feet and will be used for future metals testing and other miscellaneous uses. The laboratory expansion will be approximately 6,000 square feet and will include all other spaces. The entu•e building will be located withui the boundary of the City's wastewater h•eatrnent plant. The City will provide utformation on treatment plant yard piping and other underground utilities. An updated geoteehnical evaluation for the location of the laboratory building expansion will be prepared by Owner's Consultant. $1.9 million. PAGE 3 Final design complete: May 31, 2013. Approximately Auk ust 1, 2013 (or later dependut otg i the progress of the RV dump relocation and the constntetion schedule bein i~nana~e, d by the Construction Mana~,et~). September 30, 2014. Notice to Proceed for design: February 6, 2013. [ X ] Multiple Prime Contractors Construction Manager will issue nultiple bid packages. The Constntction Mana er is responsible for breakul otg t packages from a single set of Construction Documents LEED Silver Certificaiton is beinl? sought. David Allison 33 East Broadway Avenue Meridian, ID 83642 Telephone Number: 208-898-5500 Email Address: dallisonnmeridiancity.org Additions and Deletions Report for AIA Document 6132T'" - 2008 (formerly 6141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ~~ This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1131753559) (Liss name, address and other it fornralion.) David Allison 33 E Broadwa, Ave Meridian, ID 83642 208-898-5500 PAGE4 N/A Civil Survey 1400 East Watertower Street Meridian, ID 83642 Strata, Inc. Dan Gado 8653 West Hackamore Drive Boise, ID 83709 N/A Owner will retain Consultant(s) for desi nand svstems integration for Security and SupervsorX Control and Data Aquisition (SCADA) svstems. (List rranre, address and other irformatiorz) David Keil 300 East Mallard Drive Suite 350 Boise, ID 83706 Telephone Number: 208-383-4140 PAGE5 Mobile Number: 208-830-0842 Email Address: dkeilnspfwater.com Lochsa En uig Bering Riley Mahaffey 201 North Maple Grove Road Additions and Deletions Report for AIA Document B132Tx' - 2009 (formerly 8141 T'"CWIa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 3 u>=, t tc tta~ This document was produced byAlA software at 10:28:03 on 01 /3112 0 1 3 under Order No.4696376958_1 which expires on 01124/2014, and is not for resale. User Notes: (1131753559) Boise. ID 83704 Telephone Number: 208-342-7168 Musgrove En uieering Charles Paulin 234 South Whisperwood Way Boise, ID 83709 Telephone Number: 208-384-0585 Musgrove En ing Bering Kurt Lechtenbere 234 South Whisperwood Way Boise, ID 83709 Telephone Number: 208-384-0585 Carole Leong, 17 Iris Avenue, San Francisco. CA 94118. 415-379-6097. The Land Group, 462 East Shore Drive, Suite 100, Ea>~le, ID 83616. 208-939-4041. Johnson Architects PC 36 E Pine Ave Meridian ID 83642 208-846-9033 Prague Solutions, 615 West Hays Street, Boise, ID 83702. 208-331-7737. SPF Water Enaineernlg, LLC (SPF) is the prune consultant for this A~u-eement with the City of Meridian. For the purposes of this A~eement only the use of the terns Architect shall refer to SPF as the firni will bear all ri its and responsibilities to perform the services provided hereui per the terms and conditions of this Agreement A fum licensed to perform architecture is the Architect of Record for the project upon execution of Consultant Agreement with SPF. Owner a>?rees and acknowleds;es SPF can subcontract services set forth ui this agreement. PAGE 6 § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1.,000,000.00) for each occurrence and in the aggregate for bodily uijury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) combined single linut and aggregate for bodily injury and property damage. § 2.6.5 Professional Liability covering the Architect's negligent acts, errors and omissions in its performance of professional services with policy limits of not less than One Million Dollars and Zero Cents ($ _1,000,000.00) per claim and in the aggregate. PAGE 12 4.1.1 Pro rammin Architect 4.1.2 Multi le relimuiar desi ~s Not Provided 4.1.3 Measured drawin s Not Provided 4.1.4 Existin facilities serves Owner § 4.1.5 Site evaluation and lannui (B203TM-2007) Not Provided 4.1.6 Buildin information lnodelin Not Provided Additions and Deletions Report for AIA Document B132T"' - 2009 (formerly 8141 TMCMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ~~. °'~ This document was produced byAlA software ai 10:28:03 on 01 /3112 01 3 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1131753559) 4.1.7 Civil en iueerin Architect 4.1.8 Landsca e desi n Architect § 4.1.9 Architechiral interior desi n (B252TM-2007 Architect § 4.1.10 Value analysis (B204TM-2007) Owner (CM) § 4.1.11 Detailed cost estimatntg Owner (CM) § 4.1.12 On-site roject re resentation (B207TM-2008) Owner (CM) 4.1.13 Conformed construction documents Not Provided 4.1.14 As-desi ned record drawin s Not Provided 4.1.15 As-constructed record drawin s Not Provided 4.1.18 Post occu anc evaluation Not Provided § 4.1.17 Facilit su ort services (B210Tn~2007) Not Provided 4.1.18 Tenant-related services Owner 4.1.19 Coordination of Owner's consultants Architect 4.1.20 Telecommunications/data desi n Architect 4.1.21 Securit evaluation and lannui (B206TM-2007 Owner 4.1.22 Commissionin (B211TM-2007 Not Frovided 4.1.23 Extensive environmental) res onsible desi i Not Provided 4.1.24 LEED certification (B214TM-2007 Architect 4.1.25 Historic reservation (B205TM-2007 Not Provided § 4.1.28 Furnihue, fiirnishings, and equipment design (B253TM-2007) Architect PAGE 13 Civil en ineering includes design of rg aduig, draina~*e, and paving, Landscape desi;~ai includes in•i~ation and landscaping~lanting; Coordination of Owner's consultants includes communication with geotechnical engineer and land surveyor under contract with Owner. PAGE 14 .1 One (~ reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Couh•actor .2 Thirty-two (3~ visits to the site by the Architect over the duration of the Project during construction .3 Four (4) inspections for auy 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 Two (2) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Nineteen (1~ 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. PAGE 18 G 8.1.5 Architect shall not be required to si~xt any documents, no matter by whom requested, that would result in Architect's having to certify, guaranty or warrant the existence of conditions that Architect camiot ascertani X ] Litigation in a court of competent jtu•isdiction Additions and Deletions Report for AIA Document B132"" - 2009 (formerly 8141 T~CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ~fi~~ This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1131753559) ... , a ,a,. x:1,,,,7 :., +t, ,,. «:~t,,., ,. .~+ ~ PAGE 20 Architect's fee for Basic Services is a lump sum amount of $276,819, including subconsultants and reimbursibles. Architect's fee for these additional services is a lump sum amount of $101,777, including subconsultants and reimbursibles. Time and materials based on the labor rate schedule identified in Section 11.7 and associated reunbursible ex eases identified in Section 11.8, inchtduig subcousultants fee with 10% markup and expenses with 10% markup § 11.4 Compensation for 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 Ten percent (10.00 %), or as otherwise stated below: Additions and Deletions Report for AIA Document B132T"' - 2009 (formerly B141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved, This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1131753559) Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Conshuction Phase PAGE 21 Exhibit A. Twent -five percent ( 25 %) Fifteen percent ( IS %) Thirty-five percent ( 35 %) Five percent ( 5 %) Twen percent ( 20 %) § 11.8 ompensatiort for Project Related Expenses § 11.8.1 T'~~~~Project Related Expenses are included in ~x-ta-compensation for Basic and Additional Services and ' . > are as follows: • > >~ :4-Printing, reproductions, plots, standard form documents; ~- 2 Postage, handling and delivery; .3 Teleconferences; • > 9wrlei „F•t,.,+.,,,,..,,,..tt„,..,..-.-:.,,t t,,. ft,o A,-„r,:c,,,,f>.. „ ..it,..,e....4 AIA COlltract dOCUll1e11tS software; and .5 Two single seat licenses of e-Builder document management software. Should other protect related expenses become necessary, these expenses will be authorized by Owner in writing and Architect's total compensation adiusted prior to incur irt~ the expense. .~ All tf~3Ee9-le't~3e~-6H-~3r9fe3s}6iiiii-aei~icesnrm-6ir'r6iix'xvcii~".miite-ciil~cirocs Atehiteet's eet3sultal~ts-pl~rs~,eteerlt-~°~e}-e#~e-e~erlses-rt~eur~•ed. Licensin fg ee equal to the fee for services perfarlned prior to termination for convenience. § 11.10.1 All uiitial payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment tuider this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Additions and Deletions Report for AfA Document 8132T'" - 2009 (formerly B141'"'CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ,._; tc the This document was produced byAlA software ai 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1131753559) Zero. % 0% PAGE 22 For the purposes of this Agreement, the teen Enguieer and the teiYn Architect may be used interchan eg ably- None. None. (Lisi otlter~ documents, if any, including additional scopes of service, forming pm~f of tdre 14greerrrerrt. f Programmnig 8202-2009). Architechual Interior Design (B252-2007). LEED certification 8214-2012). Furnihtre, hirnishuigs, and equipment design (B253-2007). See attached Exhibit B. This exhibit includes Rendering #1, Rendering #2, Rendering #3 Z pages of floor plan, and 1 page section from the proposal to the City of Meridian and depicts the general corlee~t of the wastewater h•eatment plant laboratory expansion. This scope of services includes progranunu7g, schematic design, design development, constntction documents, bid period and construction admuiistratirni services related to the general concept depicted in these exhibits. Additions and Deletions Report for AIA Document B132TM' - 2009 (formerly 8141 TMCMa - 1892j. Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1131753559) PAGE 23 CITY OF MERIDIAN (OWNERI BY: TAMMY de WEERD. MAYOR SPF WATER ENGINEERING. LLC BY: ` CATHY COOPER, Manager Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Purchasing Approval Dated: BY: TERRY SCANLAN, Manager Domed: m..:.,.,,a .. ..a ~:.,... Department Approval BY: KEITH WATTS, Purchasing Manager Citv Project Manager BY: WARREN STEWART, Engineering Manager Dated: Additions and Deletions Report for AIA Document B132TM' - 2009 (formerly 8141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/2412014, and is not for resale. User Notes: (1131753559) ertificti®n ®f ®cument' uthntici AIA® Document D40?TM - 2003 I, David Keil, hereby certify, to the best of my knowledge, information and belief; that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:28:03 on 01/31/2013 under Order No. 4696376958_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the origiial text of AIA' Document B 132TM - 2009, Standard Fonn of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, as published by the AIA in its so$ware, other than those additions and deletions shown in the associated Additions and Deletions Report. (`: (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright ©1992 and 2003 by The American Institute of Architects, All rights reserved. This document was produced byAlA software at 10:28:03 on 01/31/2013 under Order No.469637ti958_1 which expires on 0 1 /2412 0 1 4, and is not for resale. User Notes: (1131753559) ~'` ~' `,~'~ ® T'n11 \~_ ~ ~`,- Standard Form ofArchitect's Services: Programming for the following PROJECT: (Name at~d location or address) Meridian Wastewater Treatment Plant Laboratory THE OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue, Suite 106 Meridian, ID 83642 THE ARCHITECT: (Name, legal status mtd address) SPF Water Engineering, LLC 300 E Mallard Drive, Suite 350 Boise, ID 83706 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner- architect agreement. It may be used with AIA Document G802T'''-2007, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement. THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner-Architect Agreement (hereinafter, the Agreement) dated the si~ah day of February in the year two thousand and thirteen. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 PROGRAMMING SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS Init. AIA Document B202T"" - 2009. Copyright ©2009 by The American Institute of Architects. All rights reserved. TM, .t, 1 This document was created t on 12/20/2012 09:05:10 under the terms of AIA Documents-on-DemandT'" order no. 2008563213, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. ,ov,onooaa ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. (List beloll~ info/•mation, incl~/~ding co/lditions or ass~tunptioias, that Neill affect the A/•chitect's pe/fo/•n/ance,) The meetings, interviews, presentations, and visits listed in Section 3.3 may be performed by the Architect in one day or up to three sequential days. ARTICLE 2 PROGRAMMING SERVICES § 2.1 Administration of Programming Services § 2.1.1 The Architect shall manage and administer the Progranuning Services. The Architect shall consult with the Owner, research applicable programming criteria, attend Project meetings, communicate with members of the Project team and issue progress reports and a final program document. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 The Architect shall confirm the scope and intent of the anticipated Project in consultation with the Owner. § 2.1.3 The Architect shall prepare, and periodically update, a schedule for Programming Services that identifies milestone dates for decisions required of the Owner, Programming Services furnished by the Architect, and completion of documentation to be provided by the Architect. The Architect shall coordinate the progranuning schedule with the Owner's Project schedule, if a Project schedule exists. § 2.1.4 Upon request by the Owner, the Architect shall make a presentation to representatives of the Owner to explain the Programming Services to be utilized in developing the Project. § 2.1.5 The Architect shall submit programming documents to the Owner for evaluation and approval at intervals appropriate to the process. The Architect shall be entitled to rely on approvals received from the Owner to complete the Programming Services and in the fiirther development of the Project. § 2.1.6 Unless otherwise set forth in the Agreement, any service not identified as a Programming Service in this Article 2 shall be an Additional Service. § 2.2 Identification of Programming Participants Based on the scale of the Project, the type of facilities, and the level of specialized functions that will be required, the Architect, in conjunction with the Owner, shall identify the persons to participate in the programming process, including the Architect, the Architect's consultants, the Owner, the Owner's consultants, and users of the Project, as well as other stakeholders, if any. § 2.3 Identification and Prioritization of Owner and User Values, Goals and Objectives § 2.3.1 The Architect shall facilitate a visioning session with the programming participants to identify, discuss, and prioritize values and goals that will impact the Project, including institutional purposes, growth objectives, and cultural, technological, temporal, aesthetic, symbolic, economic, environmental, safety, sustainability, and other relevant criteria. § 2.3.2 The Architect shall prepare and provide to the Owner a written evaluation of the identified Project values and goals, addressing functional efficiency, user comfort, building economics, safety, environmental sustainability, and visual quality. § 2.3.3 After the Architect provides the evaluation, the Architect shall meet with the Owner to confirm and finalize the Owner's and user's priorities, values, and goals that will impact the Project. Init. AIA Document B202T"" - 2009. Copyright ©2009 by The American Institute of Architects. All rights reserved. This document was created 2 / on 12/20/2012 09:05:10 under the terms of AIA Documents-on-DemandT61 order no. 2008563213, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.3.4 Following the determination of the Owner's and user's priorities, values and goals, the Architect, in conjunction with the Owner, shall identify and confirm the Owner's objectives for the Project, including such elements as image, efficiencies, functionality, cost and schedule. § 2.3.5 The Architect shall confirm the intended use of the program documents and services with the Owner and the intended results of information gathering. § 2.3.6 The Architect shall identify and evaluate the constraints and opportunities that will have an impact on the existing or proposed facility, such as govermmental requirements, financial resources, location, access, visibility and building services. § 2.4 Information Gathering § 2.4.1 The Architect shall carnpile and review existing Project-related documentation, including the following: .1 Available reports on existing facilities, site surveys, construction documents, and other Owner documents, including existing program material, if any .2 Relevant govermnent documents such as applicable codes and ordinances .3 Applicable non-governmental building and planning standards .4 Relevant historical documents and archival materials § 2.4.2 The .Architect shall prepare for and conduct interviews of Owner-designated individuals by .1 identifying key individuals to be interviewed, .2 establishing a work plan and schedule for the interviews, .3 determining the types of data that could impact the design of the facility, and .4 determining how interviewing will relate to other information-gathering techniques, such as observation and surveys. § 2.4.3 The Architect shall conduct a walktlu•ough of the Owner's existing facilities with the appropriate personnel, such as the Owner, property manager, or facility manager, and .1 prepare, if appropriate, a space inventory of existing spaces, equipment and furnishings, .2 identify traffic and circulation patterns, use levels and general adequacy of spaces to accommodate the users, and .3 prepare a written description or graphic illustration of the existing space utilization, identifying space requirements and relationships for, furniture, equipment, operating procedures, security requirements and communications. § 2.4.4 The Architect shall identify, in consultation with the Owner, facilities and operations of a similar nature to be visited and observed by designated progranuning participants for purposes of evaluation and comparison. § 2.4.5 In consultation with the Owner, the Architect shall identify the individuals to be surveyed. The Architect shall prepare a work plan and schedule for questionnaires and surveys and shall develop, prepare and distribute questionnaires and surveys and collate the results. The Architect shall prepare survey questions based on a systematic process for gathering specific program infornation such as furniture and equipment needs and special space criteria. § 2.4.6 The Architect shall conduct group sessions with the Owner's Project team for the purpose of reviewing information obtained from literature reviews, interviews, observations and surveys; considering and discussing design and planning issues, including future growth and expansion projections; and endeavoring to achieve consensus as to which values, goals, facts, needs and ideas should influence the design of the facility. The Architect shall determine the group session goals and identify participants for the group sessions. § 2.5 Data Analysis § 2.5.1 Based on the information gathered, the Architect shall develop performance and design criteria for the proposed facility. § 2.5.2 The Architect shall make a preliminary determination of space requirements, space relationships and circulation, including consideration of special requirements, such as ambient environment, safety and security, furnishings, flexibility and site information, where appropriate. § 2.5.3 The Architect shall identify any major unresolved progranuning issues and discuss preliminary options for their resolution with the Owner. Init. AIA Document B202T"' - 2009. Copyright ©2009 by The American Institute of Architects. All rights reserved. ~x "~, 3 This document was created / on 12/20/2012 09:05:10 under the terms of AIA Documents-on-Demands"' order no. 2008563213, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.5.4 Based on discussions with the Owner, the Architect shall make reconmiendations for solutions to the unresolved progrannning issues for approval by the Owner prior to preparation of the Architect's initial report. § 2.6 Presentation and Initial Report § 2.6.1 The Architect shall prepare an initial report of its findings and analysis for the Owner and meet with the Owner to agt•ee on the form of presentation appropriate to the needs of the Owner's organization and the Project. § 2.6.2 The Architect shall present its initial report to the progrannning participants or as otherwise directed by the Owner. § 2.7 Development of Final Program of Project Requirements § 2.7.1 The Architect shall recommend Project standards or incorporate Owner standards such as area allowances, space allocation, travel distances, and furniture and equipment requirements. § 2.7.2 The Architect shall establish general space quality standards for the Project related to such elements as lighting levels, equipment performance, acoustical requirements, security and aesthetics. § 2.7.3 The Architect shall determine specific space requirements for the Project by .1 identifying required spaces, .2 establishing sizes and relationships, .3 establishing space efficiency factors (ratio of net square footage to gross square footage), and .4 documenting particular space requirements such as special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. § 2.7.4 The Architect shall prepare a final program document detailing all items identified in Sections 2.7.1 to 2.7.3, incorporating written and graphic materials that may include .1 an executive summary, .2 documentation of the methodology used to develop the program, .3 value and goal statements, .4 relevant facts upon which the program was based, .5 conclusions derived froth data analysis, .6 relationship diagrams, .7 flow diagrams, .8 matrices identifying space allocations and relationships, .9 space listings by function and size, and .10 space program sheets including standard requirements and special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. § 2.7.5 The At•chitect shall provide a preliminary opinion of the program with respect to the Owner's stated budget objectives. ARTICLE 3 ADDITIONAL SERVICES § 3.1 In addition to the Programming Services described above, the At•chitect shall provide the following Additional Services only if specifically designated below as the Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 3.2 or attached as an exhibit to this services document. (Designate the Additional Set7~ices the Architect shallpro>>ide itt the secotad column of the table belorl~. In the third colunvt indicate 1t~hetl7et• the service description is located itt Section 3.2, ot• in mt exhibit attached to this ser7~ices docurnettt. If in an exhibit, ident~~ the exhibit.) Services Responsibility Location of Service Description (At•cl7itect, Oft~net• (Section 3,2 beloly or alt exhibit or attached to this document and NotPronided identified beloly § 3.1.1 Multi le Site Evaluation Not Provided § 3.1.2 Site Suitabili Not Provided § 3.1.3 Site Plannin Not Provided AIA Document B202T'" - 2009. Copyright ©2009 by The American Institute of Architects. All rights reserved. Init. This document was created 4 ~ on 12/20/2012 09:05:10 under the terms of AIA Documents-on-DemandT'~' order no. 2008563213, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Services Responsibility (Architect, Otrnrer or NotPror~ided Location of Service Description (Section 3.2 belort~ or ~n1 exhibit attached to this document and identified belora~ § 3.1.4 Master Plannin Not Provided § 3.1.5 Preliminar Design Not Provided § 3.1.6 Prelimhlar Cost Estimating Not Provided § 3.1.7 Schedulin Not Provided § 3.1.8 Market Anal sis Not Provided § 3.1.9 Detailed Existin Facili Evaluation Not Provided § 3.1.10 Environmental Suitabili Not Provided § 3.1.11 Services in support of the Owner's other consultants (Geotechnical Engineer, Landscape Architect, Real Estate or Legal Services Providers, Lendin Institutions or others ot Provided § 3.2 Insert a description of each service designated in Section 3.1 the Architect shall provide if not included in an exhibit attached to this document and identified in the table above. N/A. § 3.3 The Architect shall provide Programming Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 one ( 1 )meetings to determine Owner and user values and goals .2 one ( 1 )interviews for the purpose of gathering data .3 one ( 1 )presentations to programming participants and user groups .4 zero (0 )special presentations to Boards of Du•ectors, stakeholder groups or other outside entities .5 one ( 1 )facility visits pursuant to Section 2.4.4 Init. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Unless specifically described in Articles 2 or 3, the services in this Article shall be provided by the Owner or the Owner's consultants. § 4.2 The Owner shall provide to the Architect data and information necessary to complete the Programming Services, including preliminary budget objectives and other parameters for the Project, design standards, facility standards, and other design criteria, environmental criteria and sustainability objectives. § 4.3 The Owner shall identify a representative authorized to act on the Owner's behalf to participate in the information gathering process, to facilitate the programming process, and to provide, in a timely manner, decisions made by the Owner. AIA Document B202T"' - 2009. Copyright ©2009 by The American Institute of Architects. All rights reserved. 5 This document was created on 12/20!2012 09:05:10 under the terms of AIA Documents-on-DemandT'A order no. 2008563213, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 4.4 The Owner shall provide to the Architect master plans or record drawings that pertain to a site or existing facility under consideration for development or redevelopment within the scope of this agreement. § 4.5 The Owner shall provide access to the property, buildings, and personnel necessary for the Architect to complete the Programming Services. The personnel shall conduct touts and explahi the property's original, current and anticipated future use. § 4.6 The Owner shall make the Owner's personnel available to the Architect, in a timely mamier, to provide information about Owner and user goals and to facilitate decision-making in accordance with the Project schedule. ARTICLE 5 COMPENSATION § 5.1 For the Architect's Progrannning Services described under Article 2, the Owner shall compensate the Architect as follows; (Inset•t amotmt of, or basis for; cou~peusation.) Architect's fee for Programming Services is included in Section 11.2 of the Standard Form Agreement between Owner and Architect, Construction Manager as Adviser Edition (B132-2009). § 5.2 For Additional Services provided under Section 3.1, the Owner shall compensate the Architect as follows: (h~sert amount of, ot• basis for, courpensatiou. If ttecessaty, list specifrc services to wlticlt pm•ticular methods of compensation apply.) N/A. § 5.3 For Additional Services that may arise during the course of the Project, including those under Section 3.3, the Owner shall compensate the Architect as follows: (Insert aruount of, or basis for, cwupeusation.) Per Section 11.3 of the Standard Form Agreement between Owner and Architect, Construction Manager as Adviser Edition (B 132-2009). § 5.4 Compensation for Additional Services of the At•chitect's consultants when not included in Section 5.2 or 5.3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Programming, if any, at•e as follows: For the purposes of this Agreement, the term Engineer and the term Architect may be used interchangeably. Init. AIA Document 6202T'" - 2009. Copyright ©2009 by The American Institute of Architects. All rights reserved. This document was created 6 t on 12/20/2012 09:05:10 under the terms of AIA Documents-on-DemandT'~" order no. 2008563213, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. `1'~ 11~ ``11® TM Standard orrrr of Architect's Services: Architectural Interior Design for the following PROJECT: (Nrrnae m1d location or add~•ess) Meridian Wastewater Trearinent Plant Laboratory THE OWNER: (Name, legal stators mad address) City of Meridian 33 East Broadway Avenue, Suite 106 Meridian, ID 83642 THE ARCHITECT: (Nmne, legal status mid address) SPF Water Engineering, LLC 300 E Mallard Drive, Suite 350 Boise, ID 83706 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner- architect agreement. It may be used with AIA Document G802T"'-2007, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement. THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner-Architect Agreement (hereinafter, the Agreement) dated the sixth day of February ui the year two thousand and thirteen. (b~ words, indicate day, month m7d year.) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECTURAL INTERIOR DESIGN SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COST OF THE WORK 6 COMPENSATION 7 SPECIAL TERMS AND CONDITIONS Init. AIA Document 6252 T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. t ., This 1 / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT"~" order no. 2008583213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. ,,,~,oncoa ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this infornlation may entitle the Architect to Additional Services. (List beloN~ infornratio/~ that 11~iT7 affect l7~e Architect's performance, including the Ora~ner's B~t/dget fo/• the Cost of the 1T~ork, a~~d t1~e Orr~ner's anticipated dates for commencement of co/aslrucfio/7 a~ad Sa/bstantial Completion.) ARTICLE 2 ARCHITECTURAL INTERIOR DESIGN SERVICES § 2.1 The Architect shall manage and administer the Architectural Interior Design Services. The Architect shall consult with the Owner, research applicable criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.2 The Architect shall prepare, and periodically update, a schedule of Architectural Interior Design Services that identifies milestone dates for decisions required by the Owner, services furnished by the Architect and completion of documentation to be provided by the Architect. The Architect shall coordinate the Architectural Interior Design Services schedule with the Owner's Project schedule. § 2.3 The Architect shall submit documents to the Owner at intervals appropriate to the process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely upon approvals received from the Owner to complete the Architectural Interior Design Services. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not (1) accept bade discounts; (2) have a significant financial interest; or (3) undertake any activity or employment or accept any contribution if it would reasonably appear that such activity, employment, interest or conhibution could compromise the Architect's professional judgment. § 2.5 Programming Phase Services § 2.5.1 The Architect shall consult with representatives of the Owner to review the applicable requirements of the Project in order to understand the goals and objectives of the Owner with respect to their impact on the Owner's space requirements. § 2.5.2 The Architect shall review the requirements necessary for the various Project functions, relationships or operations, such as those for existing and projected persomiel, space, furniture, furnishings and equipment, operating procedures and cornrumiications. § 2.5.3 The Architect shall assist the Owner in the preparation of a budget for the Work and a Project schedule. § 2.5.4 The Architect shall gather infor~iation to be furnished by the Owner's representatives to aid the Architect in understanding the Owner's present, short-term and long-term personnel and space requirements, including special equipment needs, organizational structure, adjacencies and workflow. § 2.5.5 The Architect shall conduct interviews with the Owner's representatives and shall observe existing conditions at the Owner's facilities. § 2.5.6 The Architect shall develop personnel space standards based upon an evaluation of the functional requirements and standards of the Owner. Persomiel space standards shall take into consideration the design and layout of furniture system workstation environments, if applicable. The proposed space standards shall be submitted for the Owner's review and approval. Init. AIA Document 6252T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This 2 / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT"" order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.5.7 The Architect shall develop a general understanding of the Owner's equipment requirements, including data and telecommunications equipment, reproduction equipment and the coresponding environmental conditions required to maintain such equipment. § 2.5.8 The Architect shall prepare a written summary of observations and make recommendations with respect to the planning of the facility. The Architect shall prepare a written space program for the Owner's review and approval. § 2.6 Pre-Lease Analysis and Feasibility Phase Services § 2.6.1 At the request of the Owner, the Architect shall evaluate alternative buildings with respect to the Owner's programmatic requirements. The number of alternative buildings shall be specified in Article 7. § 2.6.2 The Architect shall review the alternative buildings with respect to gross, usable or rentable area, building configuration and architectural features. § 2.6.3 The Architect shall prepare one (1) test floor plan in each alternate building. § 2.6.4 The Architect shall review the quality and quantity of the building standards being offeredul the landlord's workletter. § 2.6.5 The Architect shall report to the Owner observations and recommendations based on the evaluation of the altelnative buildings. § 2.7 Schematic Design Phase Services § 2.7.1 Based on the approved written program, the Architect shall prepare for the Owner's approval adjacency diagrams showing the general functional relationships for both persolmel and operations. § 2.7.2 The Architect shall review with the Owner alternative designs and methods for procurement of the furniture, furnishings and equipment, and shall notify the Owner of anticipated impacts that such designs and methods may have on the Owner's program, financial and time requirements, and the scope of the Project. § 2.7.3 Upon approval of the adjacency diagrams, the Architect shall prepare a space plan that delineates the location of walls, doors, wuidows, rooms, offices, workstation areas and special use areas to conform to program requirements. The Architect shall submit the space plan for the Owner's review and approval. § 2.7.4 The Architect shall prepare the design concept for the Project, indicating the types and quality of finishes and materials and furniture, furnishings and equipment. § 2.7.5 The Architect shall assist the Owner in the preparation of a preliminary Project schedule and when the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. § 2.8 Design Development Phase Services § 2.8.1 Based on the approved Schematic Design, the Architect shall prepare and present, for approval by the Owner, Design Development Documents, which shall consist of drawings and other documents describing the size and character of the interior construction of the Project. § 2.8.2 The Architect shall obtain product data and prepare illustrations for furniture, furnishings and equipment as maybe appropriate for the Project, including specially designed items or elements, to indicate finished appearance and functional operation. § 2.8.3 The Architect shall illushate the architectural and decorative character of the Project. Such illustrations may include drawings, plans, elevations, sections, renderings, photographs, and samples of actual materials, colors and finishes. § 2.8.4 The Architect shall assist the Owner in the preparation of adjustments to the preliminary schedule and estimate of the Cost of the Work. Init. AIA Document B252T"" - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT"^ order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.9 Contract Documents Phase Services § 2.9.1 Based on the approved Design Development Documents and other documents including schedule and estimate of the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Constuction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings, Specifications and other documents required to describe the interior construction necessary for the Project. § 2.9.2 The Contact Documents shall include plans, elevations, sections, schedules, details and specifications required to describe the interior construction work. § 2.9.3 The Architect shall prepare, for the Owner's approval, documents describing the requirements for the procurement, fabrication, shipment, delivery and installation of furniture, furnishings and equipment for the Project. § 2.9.4 The Architect shall assist the Owner in the preparation of the necessary Quotation and Bidding Documents. § 2.9.5 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of govet7lmental authorities having jurisdiction over the Project. § 2.10 Bidding and Quotation Phase Services § 2.10.1 Following the Owner's approval of the Contract Documents, the Architect shall assist the Owner in establishing a list of prospective contractors for construction and vendors for furniture, furnishings and equipment. § 2.10.2 The Architect shall assist the Owner in obtaining competitive bids or negotiated proposals for constuction and quotations for furniture, fur7iishings and equipment. § 2.10.3 Bidding Documents shall consist of bidding requirements and the proposed Contract Documents. § 2.10.4 Quotation Documents shall consist of quotation requirements and the proposed Contract Documents. § 2.10.5 The Architect shall prepare written responses to questions from prospective contactors and vendors and provide written clarifications and interpretations of the Bidding and Quotation Documents in the fot7n of addenda. § 2.10.6 The Architect shall assist the Owner in reviewing bids and quotations. The Architect shall assist the Owner in awarding and preparnig agreements for the Project. § 2.10.7 If the Owner and Architect agree that the Architect will purchase furniture, furnishings and equipment on behalf of the Owner with funds provided by the Owner, the duties and compensation related to such additional services shall be set forth in a separate agreement. § 2.11 Construction Phase Services § 2.11.1 General § 2.11.1.1 The Architect shall provide administration of the Contact between the Owner and Contractor as set forth below and in the AIA Document A201-2007, General Conditions of the Contract for Construction. If the Owner and the Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under the Agreement unless the Owner and the Architect amend the Agreement. § 2.11.1.2 The Architect shall advise and consult with the Owner during the Constuction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Agreement unless otherwise modified by written amendment The Architect shall not have contol over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, fabrication, procurement, shipment, delivery or installation, or for safety precautions and programs in cotmection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Init. AIA Document 6252T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This 4 / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT'^ order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.11.1.3 Subject to Section 3.3, the Architect's responsibility to provide Consruction Phase Services commences with the award of the Contract for Constlucdon and terminates on the date the Architect issues the final Certificate for Payment. § 2.11.1.4 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Conh•actor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.11.1.5 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both the Owner and Contractor, shall not show partiality to either, and shall not be liable for the 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. § 2.11.1.6 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 2.11.2 Evaluations of the Work § 2.11.2.1 The Architect shall visit the site at intervals appropriate to the stage of conshuction, or as otherwise required in Section 3.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a mariner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations fiom the Contract Documents and from the most recent conshuction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 2.11.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Arclitect 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 Conh•actor, Subconttactors, material and equipment suppliers, their agents or employees or other persons or entities perfornling portions of the Work. § 2.11.3 Certificates for Payment to Contractor § 2.11.3.1 The Architect shall review and certify the amounts due the Conhactor 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 2.11.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to (1) au evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; (2) the results of subsequent tests and inspections; (3) the correction of minor deviations from the Contract Documents prior to final completion; and (4) specific qualifications expressed by the Architect. § 2.11.3.2 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, teclmiques, sequences or procedures of construction, fabrication, procurement, shipment, delivery or installation; (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Owner to substantiate the Conh•actor's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.11.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment Init. AIA Document B252TM - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. r This / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT'~' order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.11.4 Submittals § 2.11.4.1 The Architect shall review and approve the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved 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. § 2.11.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for confornance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedm•es of construction, fabrication, t•ansportation or installation. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.11.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate perfornance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 2.11.4.4 Subject to Section 3.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 2.11.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.11.5 Changes in the Work § 2.11.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contact Documents and do not involve an adjustment in Contract Sum or an extension of the Contract Time. Subject to Section 3.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 2.11.5.2 The Architect shall maintain records relative to Changes in the Work. § 2.11.6 Construction Completion § 2.11.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contact Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.11,6.2 The Architect's inspection shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or cort•ected. AIA Document B252T'" - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This 6 / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT'~' order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.11.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Conhactor, including the amount to be retained fiom the Conri•act Sum, if any, for final completion or con•ection of the Work. § 2.11.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Conriact Documents. § 2.12 Furniture, Furnishings and Equipment Contract Administration Phase Services § 2.12.1 The Architect shall provide administration of the contracts for furniture, furnishings and equipment only as set forth below and in AIA Document A251TM-2007, General Conditions of the Conri•act for Furniture, Furnishings and Equipment § 2.12.2 The Architect shall assist the Owner in coordinating schedules for fabrication, delivery and installation of the Work, but shall not be responsible for any failure of a vendor to meet schedules for completion or to perform its respective duties and responsibilities in conformance with such schedules. § 2.12.3 The Architect shall review and approve or take other appropriate action upon the Vendor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checknrg for conformance with inforniation given and the design concept expressed in the Contract Documents. § 2.12.4 As the buyer of goods, the Owner shall receive, uispect and accept or reject furniture, furnishings and equipment at the time of their delivery to the premises and installation unless otherwise provided. The Architect is not authorized to act as the Owner's agent in contractual matters. § 2.12.5 The Architect shall review final placement and inspect for damage, quality, assembly and function in order to determine that furniture, furnishings and equipment are in accordance with the requirements of the Conriact Documents. The Architect may recommend to the Owner acceptance or rejection of furniture, furnishings and equipment. § 2.12.6 The Architect shall visit the Project premises at intervals appropriate to the stage of the Vendor's installation to become generally familiar with, and to keep the Owner informed about, the progress and quality of the portion of the Work completed and to deternrine, in general, if the Work observed is being perfornied in a manner indicating that the Work, when fully completed, will be in accordance with the Conriact Documents. The Architect shall not have control over, charge of, or responsibility for the means, methods, techniques, sequences or procedures, fabrication, shipment, delivery or installation, or for the safety precautions and programs in connection with the Worlc. ARTICLE 3 ADDITIONAL SERVICES § 3.1 In addition to the Architectural Interior Design Services described above, the Architect shall provide Additional Services only if specifically designated below as the Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 3.2 or attached as an exhibit to this services document. (Desig/aate the Additional Se/~~ices the Architect shallprovide i~r the second colunara of the table beloly. Lr the third colttrlrn indicate 1t~hether the sel~~ice description is located i~l Sectiola 3.2 or in air exhibit attached to this ser~~ices docannent. If in an exhibit, ident~~ the exhibit.) Services Responsibility (Architect, Orn»er or NotPro>>ided Location of Service Description (Section 3.2 belolt~ or ail exhibit attached to this document al~d identi aed below § 3.1.1 Measured Drawin s Not Provided § 3.1.2 Existin FF&E Inventor Not Provided § 3.1.3 Valuations/A raisals of Existin FF&E Not Provided § 3.1.4 S ecial Studies and Surve s Not Provided § 3.1.5 Gra hics & Si na e Desi n Not Provided Init. AIA Document B252T^' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved, This document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-Demand'"" order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Services Responsibility (architect, Ott~ner or NotPro>>ided Location of Service Description (Section 3.2 belolt~ o~• air exhibit nttached to this document cnrd identified belort~) § 3.1.6 Art Selection and/or Procurement Not Provided § 3.1.7 S ecial Consultants Architect § 3.1.8 Studies Related to Future FF&E Not Provided § 3.1.9 Detailed Cost Estimates Owner CM § 3.1.10 Detailed Quotation Review Not Provided § 3.1.11 Receive/Ins ect/Acce t/Re'ect Furniture Owner CM § 3.1.12 Post-Occu anc Evaluations Not Provided § 3,1.13 O eratin Cost Anal sis Not Provided § 3.1.14 Extendin Services after Project Com letion Not Provided § 3.1.15 Reviewin Extensive Number of Claims Owner CM § 3.1.16 Vendor Default Services Not Provided § 3.1.17 Dama e Re lacement Consultin Owner (CM) § 3.1.18 Public or Le al Proceedin s Activities Owner (CM) § 3.1.19 On-Site Project Re resentation B207TM-2008 Owner § 3.1.20 E ui ment Testin and Trainin Not Provided § 3.2 Insert a description of each designated Additional Service the Architect shall provide if not further described in an exhibit attached to this document. Special Consultants will be retained by Architect to assist with interior design. § 3.3 Additional Services maybe provided after execution of the 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 3.3 shall entitle the Architect to compensation pursuant to Section 6.3, and an appropriate adjustment in the Architect's schedule. § 3.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous insriuctions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .3 Services necessitated by decisions of the Owner not rendered in a timely warmer or any other failure of perforanance on the part of the Owner or the Owner's consultants or contractors; .4 Preparing digital data for transmission to the Owner's consultants and conh•actors, or to other Owner authorized recipients; Init. AIA Document B252T^' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT'•' order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. .5 Preparation of design and documentation for altercate bid or proposal requests proposed by the Owner; .6 Preparation for, and attendance at, a public presentation, meeting or hearing; .7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .8 Evaluation of the qualifications of bidders or persons providing proposals; .9 Consultation concerning replacement of Work resulting from fire or other cause during construction, or .10 Assistance to the Initial Decision Maker, if other than the Architect. § 3.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable prornphiess, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence fi-om the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided infornation, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Inshuments of Service; ,4 Evaluating an extensive number of Claims; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Insriuments of Service resulting therefrom; or .6 To the extent the Architect's services are affected, providing Conshuction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Inforniation, whichever is earlier. § 3.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 One ( 1 )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor ,2 One ( 1 )visits to the site by the Architect over the duration of the Project dururg construction .3 One ( 1 )inspections for arty 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 § 3.3.4 If the services covered by the Agreement have not been completed within six ( 6 )months of the date of the Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall be responsible for negotiations and obligations of the lease, if any, and shall serve as the contact with the landlord. The Owner shall provide information contained in the lease or landlord correspondence relevant to the Project. § 42 The Owner shall be responsible for the relocation or removal of existing furniture, furnishings and equipment, and the contents from the facility, unless specifically designated otherwise u7 Article 7. § 4.3 The Owner shall provide the Architect access to the Project site prior to conmiencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 4.4 Except as otherwise provided in the Agreement, or when du-ect connnunications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Conriact Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 4.5 Unless otherwise provided for under the Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from Init. AIA Document B252T''' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. 9 This / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT'~' order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. 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. § 4.6 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 5.1; (2) the Owner's other costs; and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.7 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. § 4.8 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. § 4.9 The Owner shall coorduiate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in the Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance appropriate to the services provided. § 4.10 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. § 4.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that maybe reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 4.12 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 4.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth herein. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. ARTICLE 5 COST OF THE WORK § 5.1 For purposes of the Agreement, the Cost of the Work shall be the total cost to the Owner to conshuct, purchase and install all elements of the Project designed or specified by the Architect and shall include conh•actors' and vendors' general conditions costs, overhead and profit The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of--way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 5.2 The Owner's budget for the Cost of the Work shall be provided in Article 1, Initial Information. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by tlme Architect represent the Architect's judgment as a design professional It is recognized, however, that neither the Architect nor Owner has conhol over the cost of labor, materials, furniture, furnishings or equipment; over the Contractors' nmethods of determining bid prices; or over market conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or quotations will not vary fi•om the Owner's budget for the Cost of the Work or from any estimmate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 5.3 hm preparing estimates of the Cost of the Work, the Architect shall be perniitted to include contingencies for design, bidding and price escalation; to deterniine what materials, furniture, furnishings and equipment, finishes, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alterrmate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Init. AIA Document B252T'" - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. .. 7h1s 10 / document was created on 12/20(2012 09:05:11 under the terms of AIA Documents-on-DemandT'~' order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Architect's estimate of the Cost of the Work may be based on current area, volume or similar conceptual estimating techniques. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 5.4 If bidding or requests for quotations have not connienced within 90 days after the Architect submits the Contract Documents to the Owner, thfough no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable market. § 5.5 As the design process progresses tlu-ough the end of the preparation of the Contract Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate reconniendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 5.6 If the Owner's budget for the Cost of the Work at the conclusion of the Conhact Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with the accompanying Owner-Architect Agreement; .4 in consultation with the Architect, revise the Project's program, scope or quality as required to reduce the Cost of the Work; or .5 implement another mutually acceptable alternative. § 5.7 If the Owner chooses to proceed under Section 5.6.4, the Architect, without additional compensation, shall modify the Contract Documents as necessafy to comply with the Owner's budget for the Cost of the Work at the conclusion of the Contract Documents Phase Services, or the budget as adjusted under Section 5.6.1. The Architect's modification of the Contract Documents shall be the limit of the Architect's responsibility under this At•ticle 5. ARTICLE 6 COMPENSATION § 6.1 For the Architect's Services described under Article 2, the Owner shall compensate the Architect as follows: (hrsert mnotmt of, or basis for, compensation.) Architect's fee for Architectural Interior Design Services is included in Section 11.2 of the Standard Fofm Agreement between Owner and Architect, Construction Manager as Adviser Edition (B132-2009). § 6.2 For Additional Services designated in Section 3.1, the Owner shall compensate the Architect as follows: (basert amount of, or basis for•, conrperrsatiorl. If necessary, list specific seri~ices to lahich particular methods of compensation apply.) Architect's fee for Architectural Interior Design Services is included in Section 11.2 of the Standard Form Agreement bet,veen Owner and Architect, Construction Manager as Adviser Edition (B132-2009). § 6.3 For Additional Services that may arise during the course of the Project, including those under Section 3.3, the Owner shall compensate the Architect as follows: (Insert mrrount of, or basis for•, comperrscrtiorr.) Per Section ] l .3 of the Standard Form Agreement between Owner and Architect, Construction Manager as Adviser Edition (B 132-2009). Init. AIA Document 6252T^' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. g `~ 11 This / document was created on 12/20/2012 09:05:11 under the terms of AIA Documents-on-DemandT'" order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 6.4 Compensation for Additional Services of the Architect's consultants when not included in Section 6.2 or 6.3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: § 6.5 Where compensation for the Architect's Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: (btsert additioncd phases as appropriate.) Programming Phase: percent ( %) Pre-lease Analysis and Feasibility Services Phase: percent ( %) Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Contract Documents Phase: percent ( %) Bidding and Quotation Phase: percent ( %) Construction Conriact Administration Phase: percent ( %) Furniture, Furnishings and Equipment Conhact Administration Phase: percent ( %) Total Compensation: One hundred percent (100% § 6.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not conshucted, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, ui accordance with the schedule set forth in Section 6.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with the Agreement for all services performed whether or not the Construction Phase is connnenced. § 6.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach art exhibit of hol~a•h~ billing rates or i/tserf them below.) Employee or Category Rate ARTICLE 7 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Architectural Interior Design, if any, are as follows: For the purposes of this Agreement, the terra Engineer and the term Architect maybe used interchangeably. Init. AIA Document B252T"" - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This 72 document was created on 12120/2012 09:05:11 under the terms of AIA Documents-on-DemandT'~' order no. 2008563213 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. --~~ ~ ~ ~ 1 TM ®-- Standard Form ofArchitect's Services: Furniture, Furnishings and Equipment Design for the following PROJECT: (Ncnrce arcd location or address) Meridian Wastewater Treatment Plant Laboratory THE OWNER: (Na7cre, legal status acrd address) City of Meridian 33 East Broadway Avenue, Suite 106 Meridian, ID 83642 THE ARCHITECT: (Nance, legal status ~ncd address) SPF Water Engineering, LLC 300 E Mallard Di7ve, Suite 350 Boise, ID 83706 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner- architect agreement. It may be used with AIA Document G802T"^-2007, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement. THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner-Architect Agreement (hereinafter, the Agreement) dated the sixth day of February in the year two thousand and thirteen. (bc words, indicate day, montlc arcd year.) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 FURNITURE, FURNISHINGS AND EQUIPMENT SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS AIA Document B253T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This document was 7 / created on 01 /141201 3 1 3:22:05 under the terms of AIA Documents-on-DemandT'A order no. 2008568746 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. „n,oncoat ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. (List beloll~ information, i/~cl~t/di/ag co/~ditions or assamrptions, 11aat 11~i11 affect tlae Architect's performance.) ARTICLE 2 FURNITURE, FURNISHINGS AND EQUIPMENT SERVICES § 2.1 The Architect shall consult with the Owner, research applicable criteria, attend Project meetings, conununicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.2 The Architect shall prepare, and periodically update, a schedule that identifies milestone dates for decisions required by the Owner, services furnished by the Architect and completion of documentation to be provided by the Architect. The Architect shall coordinate the Furniture, Furnishings and Equipment Design Services schedule with the Owner's Project schedule. § 2.3 The Architect shall submit documents to the Owner at intervals appropriate to the process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely upon approvals received from the Owner to complete the Furniture, Furnishings and Equipment Design Services. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not (1) accept trade discounts, (2) have a significant financial interest, or (3) undertake any activity or employment or accept any contribution if it would reasonably appear that such activity, employment, interest or contribution could compromise the Architect's professional judgment. § 2.5 Programming Phase Services § 2.5.1 The Architect shall consult with representatives of the Owner to review the applicable requirements of the Project in order to understand the goals and objectives of the Owner with respect to their impact on the Owner's furniture, furnishings and equipment requirements. § 2.5.2 The Architect shall assist the Owner in the preparation of a budget for the Work. § 2.5.3 The Architect shall gather information furnished by the Owner's designated representatives to aid the Architect in understanding the Owner's furniture, furnishings and equipment requirements. § 2.5.4 The Architect shall develop personnel space standards based upon an evaluation of the existing conditions at the Owner's facilities, and the functional requirements and standards of the Owner. Personnel space standards shall take into consideration the design and layout of furniture system workstation environments, if applicable. The proposed space standards shall be submitted for the Owner's review and approval. § 2.5.5 The Architect shall develop a general understanding of the Owner's equipment requirements, including data, teleconununications, and reproduction equipment related to furniture, furnishings and equipment. § 2.5.6 The Architect shall prepare a written sununary of observations and make recommendations with respect to the planning of the facility for the Owner's review and approval. § 2.6 Schematic Design Phase Services § 2.6.1 Based on the approved written program, the Architect shall prepare the design concept for the furniture, furnishings and equipment of the Project, indicating the types and quality. AIA Document B253T61- 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This document was 2 / created on 01/14/2013 13:22:05 under the terms of AIA Documents-on-DemandT'~' order no. 2008568746 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.6.2 The Architect shall review with the Owner alteriative designs and methods for procurement of the furniture, furnishings and equipment. § 2.6.3 The Architect shall assist the Owner in the preparation of a preliminary Project schedule and estimate of the Cost of the Work. § 2.7 Design Development Phase Services § 2.7.1 Based on the approved Schematic Design, the Architect shall obtain product data and prepare illustrations for furniture, furiishings and equipment as maybe appropriate for the Project, including specially designed items or elements, to indicate finished appearance and functional operation. § 2.7.2 The Architect shall illustrate the design character of the Project. Such illustrations may include drawings, plans, elevations, renderings, photographs, and samples of actual materials, colors and finishes. § 2.7.3 The Architect shall assist the Owner in the preparation of adjustments to the preliminary schedule and estimate of the Cost of the Work. § 2.8 Contract Documents Phase Services § 2.8.1 Based on the approved Design Development drawings and other documents, including schedule and estimate of the Cost of the Work, the Architect shall prepare Drawings, Specifications and other documents required to describe the requirements for the fabrication, procurement, shipment, delivery and installation of furniture, furnishings and equipment for the Project. § 2.8.2 The Architect shall assist the Owner in the preparation of the necessary Quotation Documents. § 2.9 Quotation Phase Services § 2.9.1 The Architect shall assist the Owner in establishing a list of proposed vendors for furiiture, furnishings and equipment. § 2.9.2 The Architect shall assist the Owner in obtaining quotations for furniture, futishings and equipment. § 2.9.3 The Architect shall prepare written responses to questions from vendors preparing quotations and provide written clarifications and interpretations of the Quotation Documents in the forni of addenda. § 2.9.4 The Architect shall assist the Owner in the review of quotations including conformance with the design concept expressed in the Contract Documents. § 2.9.5 Quotation Documents include the Quotation Requirements and the proposed Conhact Documents. § 2.9.6 The Architect shall assist the Owner in awarding and preparing agreements with vendors. § 2.9.7 If the Owner and Architect agree that the Architect will purchase furniture, furnishings and equipment on behalf of the Owner with funds provided by the Owner, the duties and compensation related to such additional services shall be set forth in a separate agreement. § 2.10 Furniture, Furnishings and Equipment Contract Administration Phase Services § 2.10.1 The Architect shall provide administration of the conhacts for furniture, furnishings and equipment only as set forth below and in AIA Document A251 T"' 2007, General Conditions of the Conh•act for Furniture, Furnishings and Equipment. § 2.10.2 The Architect will assist the Owner in coordinating schedules for fabrication, delivery and installation of the Work, but will not be responsible for any failure of a Vendor to meet schedules for completion or to perform its respective duties and responsibilities in conformance with such schedules. § 2.10.3 The Architect shall review and approve or take other appropriate action upon a Vendor'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 iii the Contract Documents. AIA Document B253T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. .. This document was 3 / created on 01/14/2013 13:22:05 under the terms of AIA Documents-on-DemandT'•' order no. 2008568746 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 2.10.4 As the buyer of goods, the Owner shall receive, inspect, and accept or reject furniture, furnishings and equipment at the time of their delivery to the premises and installation unless otherwise agreed. The Architect is not authorized to act as the Owner's agent in contractual matters. § 2.10.5 The Architect shall review fmal placement and uispect for damage, quality, assembly and function in order to determine that furiiture, furnishings and equipment are in accordance with the requirements of the Contract Documents. The Architect may recommend to the Owner acceptance or rejection of furniture, furnishings and equipment. § 2.10.6 The Architect shall visit the Project premises at intervals appropriate to the stage of the Vendor's installation 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 mamier indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The Architect shall not have control over, charge of, or be responsible for the means, methods, techniques, sequences or procedures of fabrication, shipment, delivery or installation, or for the safety precautions and programs in connection with the Work, as these are solely the Vendor's rights and responsibilities under the Conhact Documents. ARTICLE 3 ADDITIONAL SERVICES § 3.1 In addition to the Furniture, Furnishings and Equipment Design Services described above, the Architect shall provide the following Additional Services only if specifically designated below as the Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 3.2 or attached as an exhibit to this services document. (Designate the Additional Services the Architect shall pr•on~ide irr the second colunnr of the table belong. In the third column indicate nt~hether the service description is located in Section 3.2 or in mt exhibit attached to this services document. If ii1 arr exhibit, identify the exhibit.) Services Responsibility (Architect, Owner or Not Provided Location of Service Description (Section 3.2 belorr~ or arr exhibit attached to t7ris docunzeJrt acrd identi aed beior~~ § 3.1.1 Measured Drawin s Not Provided § 3.1.2 Existin FF&E Inventor Not Provided § 3.1.3 Valuations/A sisals of Existin FF&E Not Provided § 3.1.4 S ecial Studies and Surve s Not Provided § 3.1.5 Gra hics and Si na e Desi n Not Provided § 3.1.6 Art Selection and/or Procurement Not Provided § 3,1.7 S ecial Consultants Not Provided § 3.1.8 Studies Related to Future FF&E Not Provided § 3.1.9 Detailed Cost Estimates Owner CM § 3.1.10 Detailed uotation Review Not Provided § 3.1.11 Receive/Ins ect/Acce t/Re•ect Furiiture Owner CM § 3.1.12 Post-Occu anc Evaluations Not Provided § 3.1.13 O eratin Cost Anal sis Not Provided § 3.1.14 Exteudin Services after Project Com letion Not Provided § 3.1.15 Reviewin Extensive Number of Claims Owner CM § 3.1.16 Vendor Default Services Not Provided § 3.1.17 Dama e Re lacement Consultin Owner CM § 3.1.18 Public or Le al Proceedin s Activities Owner CM § 3.1.19 On-Site Project Re resentation B207T"~-2008 Init. AIA Document B253T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This document was 4 / created on 01/14/2013 13:22:05 under the terms of AIA Documents-on-DemandT''' order no. 2008568746 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 3.2 Descriptions of Additional Services (b7sert a description of each ser7~ice in Section 31 the Architect sTrallpro>>ide if riot further described in an exhibit attached to this document) N/A. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall be responsible for negotiations and obligations of the lease, if any, and shall serve as the contact with the landlord. The Owner shall provide infortnation contained in the lease or landlord correspondence relevant to the Project. § 4.2 The Owner shall be responsible for the relocation or removal of existing furniture, furnishings and equipment, and the contents from the facility, unless specifically designated otherwise hi Article 6. § 4.3 The Owner shall establish and update an overall budget for the Project, including the Cost of the Work, the Owner's other costs and reasonable contingencies related to all of these costs. The Cost of the Work shall be the total cost including applicable taxes or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect A reasonable allowance for contingencies shall be included for market conditions at the time of quotations and for changes in the Work. The Cost of the Work does not include the compensation of the Architect and Architect's consultants, the costs of fuiancing or other costs that are the responsibility of the Owner. ARTICLE 5 COMPENSATION § 5.1 For the Architect's Furniture, Furnishings and Equipment Services described under Article 2, the Owner shall compensate the Architect as follows: (b~sert mrrount of, or basis for, compensation.) Architect's fee for Architectm•al Interior Design Services is included in Section 1 l .2 of the Standard Form Agreement between Owner and Architect, Consriuction Manager as Adviser Edition (B 132-2009). § 5.2 For Additional Services provided under Section 3.1, the Owner shall compensate the Architect as follows: (hrsert mrrount of, or basis for, conrpensatiorl. If necessmy, list specific ser>>ices to 1t~hiclr particular methods of compensation apply.) N/A. § 5.3 Compensation for Additional Services of the Architect's consultants when not included in Section 5.2, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: Init. AIA Document 6253 TM - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This document was 5 created on 01(14/2013 13:22:05 under the terms of AIA Documents-on-DemandT'•' order no. 2008568746 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 5.4 Where compensation for the Architect's services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: (blsert additional phases as appropriate.) Programming Phase: percent ( %) Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Contract Documents Phase: percent ( %) Quotation Phase: percent ( %) Furniture, Furnishings and Equipment Contract Administration Phase: percent ( %) Total Compensation: One hundred percent ( 100%) § 5.5 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not provided or installed, compensation for those portions of the Project shall be payable to the extent services are perfornied on those portions, in accordance with the schedule set forth in Section 5.4 based on (1) the lowest bona fide quotation, or (2) if no such quotation is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services perfotYned. ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special teens and conditions that modify this Standard Form of Architect's Services: Furniture, Furnishings and Equipment Design, if any, are as follows: For the purposes of this Agreement, the term Engineer and the term Architect maybe used interchangeably. AIA Document 6253T''' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This document was created on 01/14/2013 13:22:05 under the terms of AIA Documents-on-DemandT'~' order no. 2008568746 ,and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. 6