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HomeMy WebLinkAboutAIA Agreement with Architect SPF Water Engineering for WWTP Administrative Building Standard Dorm of Agreement etween Owner and Architect, Construction Manager as Adviser Edition AGREEMENT made as of the Sixth day of February in the year Two Thousand Thirteen (In worzls, indicate dc~y, nro»tlr and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other irrfornration) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone Number: 208-898-5500 and the Architect: (Nmne, legal staters, address and other information) SPF Water Engineeruig, LLC 300 East Mallard Drive Suite 350 Boise, ID 83706 Telephone Number: 208-383-4140 for the following Project: (Name, location and detailed description) Wastewater Treatment Plant Administration Building 3401 North Ten Mile Road Meridian, ID 83642 A new administration building at the City's wastewater treatment plant. Project includes a 12,000 square foot building at the wastewater treatment plant. The building will include up to three story struchire with exterior observation platform, interpretive center, auditorimn/trauiingrnom, offices, conference/meeting rooms, reception, break room, mechanicaUelectrical, and resh•ooms. The Construction Manager: (Name, legal status, address and other information) Beniton Construction, Inc. 366 SW 5th Avenue Suite 104 Meridian, ID 83642 Telephone Number: 208-884-0027 The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132T^'-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232T~~'-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132T"'-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232T"'-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document 6132T"' - 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 10:27:06 on 01/31!2013 under Order No.4696376958_1 which e~ires on 01124/2014, and is not for resale. User Notes: (1450144601) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by insetting the requested it fot~ttafion or n statement such as "not applicable, " "ttrtktrowtt at time of execution" or "to be defet7nined later by mutual agreement.') § 1.1.1 The Owner's program for the Project: (Identify doctnneutatiou of state the ntatnter in which the program will be developed.) The City of Meridian has completed a Conceptual Evaluation of a New Laboratory and Administration Building for the Meridian WWTP (by CH2M Hill, dated Apri123, 2012). The City also distributed other basis of planning materials with the City's Request for Qualifications for consultant selection. These documents establish the initial estimation of laboratary space requirements and testing areas. § 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, locntiort, ditttensions, or other pettittettt itrfot~uation, such as geoteclnaical reports; site, bouttdat~~ and topographic sm•t~eys; b•a~c artd utility studies; availability oTpttblic artd private utilities attd set7~ices; legal description of the site; etc.) The existing administration building is approximately 3,600 square feet and will be used as an operations control center. The new administration building will be approximately 12,000 square feet and will include an interpretive center. The entire buildutg will be located within the boundary of the City's wastewater treattent plant. The City will provide information on treatment plant yard piputg and other underground utilities. An updated geotechuical evaluation for the location of the laboratory 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 and, if known, a lute item breakdotvrt.) $3 million Init. AIA Document 6132TM' - 2009 (formerly 8141 T'"CMa -1892). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 2 This document was produced by AIA software at 10:27:06 on 0 1 /3112 0 1 3 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1450144601) § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Final design complete: May 31, 2013. .2 Conunencemeut of construction: Approximately August 1, 2013 (or later, depending on the progress of the RV dump relocation and the construction schedule being managed by the Construction Manager). 3 Substantial Completion date or milestone dates: September 30, 2014. .4 Other: Notice to proceed for design: Febntary 6, 2013. § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, if Multiple Prinre Conh•actors are used, the ter7rr "Contractor" as referz•ed to throughout this Agreement will be as if plural in number.) [ ] 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 construction are set forth below: (List nznnber and type of bid/proctrrernent packages.) I Construction Manager will issue multiple bid packages. The Construction Manager is responsible for breaking out bid packages from a single set of Constnuction Documents. § 1.1.7 Other Project information: (Identify special charactertistics or needs of the Project notprovided elsela~Trere, such as environmentally responsible design or historic preservation requirements.) LEED silver certification is being sought. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (Lis! name, address and other it for~nalzan.) 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, ul addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and outer irrformatiorr.) N/A. Init. AIA Document 6132T"' - 2009 (formerly 6141 n"CMa -1892). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 3 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1450144601) § 1.1.10 The Owner will retain the following consultants: (List rurrne, legal status, address arrd other information,) .1 Construction Manager: The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention: (See cover.) Constntction Manager is anticipated to be retained on February 6, 2013. .2 Cost Consultant (if ii addition to the Construction Manager): (If a Cost Consultant is refairred, appropriate references to the Cost Corrs:rTtarrt should be inserted in Sections 3.2.6, 3.2.7, 3.3.2, 3.3,3, 3.4.5, 3.4.6, 5.4, 6.3, 6.3.1, 6.4 arrd 11.6.) N/A. 3 Land Surveyor: Civil Survey 1400 East Watertower Street Meridian, ID 83642 .4 Geoteclmical Engiteer: Strata, hic. Dan Gado 8653 West Hackamore Drive Boise, ID 83709 .5 Civil Engineer: N/A. .6 Other consultants: (List any oNrer corrsaltanls retai»ed by flre Ot1,7ter; such as a Project or• Program Manager; or scheduhrrg consaltanl.) Owner will retain Consultant(s) for design and systems integration for Security and Supervisory Conhol and Data Aquisition (SCADA) systems. § 1.1.11 The Architect identities the following representative in accordance with Section 2.3: (List rrarne, address and other it fornrattorr.) David Keil 300 East Mallard Drive Suite 350 Init. AIA Document 6132T'" - 2009 (formerly 8141 TPACMa - 1992). Copyright ©1992 and 2009 by The American Insiitule of Architects. All rights reserved. This document was produced by AIA software at 10:27:06 on 01/3112013 under Order No.4696376958_1 which e~ires on 01/2412014, and is not for resale. User Notes: (1450144601) I Boise, ID 83706 Telephone Number: 208-383-4140 Mobile Number: 208-830-0842 Email Address: dkeil@splhvater.com § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List /lame, legal slalus, address rn1d other it formation.) § 1.1.12.1 Consultants retauted under Basic Services: .1 Struchtral Engineer: Lochsa Engineering Riley Mahaffey 201 North Maple Cn•ove Road Boise, ID 83704 Telephone Number: 208-342-7168 2 Mechanical Engineer: Musgrove Engneering Charles Paulin 234 South Whisperwood Way Boise, ID 83709 Telephone Number: 208-384-0585 .3 Elech•ical Engineer: Musgrove Engneering Kurt Lechtenberg 234 South Whisperwood Way Boise, ID 83709 Telephone Number: 208-384-0585 § 1.1.12.2 Consultants retained under Additional Services: The Land Cn•oup, 462 East Shore Drive, Suite 100, Eagle, ID 83616. 208-939-4041. Johnson Architects, PC, 36 E Pine 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 prime 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 firm 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 far the project upon execution of Consultant Agreement with SPF. Owner agrees and acknowledges SPF can subcontract services set forth in this agreement. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. Init. AIA Document B132TP" - 2009 (formerly 8141 n~'CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. . .. ... .. _ . ,.. 5 This document was produced by AfA software at 10:27:06 on 01131/2013 under Order No.4696376958_1 which e~ires on 01l24I2014, and is not for resale. User Notes: (1450144601) § 2.2 The Architect shall perform its services consistent with the professional skill and care orduiarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C 132TM-2009, Standard Form of Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the Constntetion 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 lunits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost. § 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 limit and aggregate for bodily injury and property damage. § 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the requu•ed 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 stahrtory limits and Employers Liability with a policy limit of not Less than N/A ($ )• § 2.6.5 Professional Liability covering the Architect's negligent acts, errors and omissions ui its performance of professional services with policy lunits 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 insured 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 in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordnlate its services with those services provided by the Owner, the Constntetion Manager and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information fiunished by the Owner, the Constntetion Manager, and the Owner's other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any en•or, omission or inconsistency in such services or uiformation. Init. AIA Document B132T^~ - 2009 (formerly 8141 "ACMa - 1992)., Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 6 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule ofthe Architect's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods of time required (1) for the Owner's review, (2) for the 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 information to the Construction Manager and participate in developing and revising 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 Architect shall not exceed them, except for reasonable cause. § 3.1.6 The Architect shall not be responsible for an Owner's directive or substihrtion, or for the Owner's acceptance ofnon-conforming Work, made without the Architect's approval. § 3.1.7 The Architect shall, at appropriate tunes, in coordutation with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providutg utility services. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information fiunished by the Owner and Construction 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 fhe other, to ascertaui the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered ut the information, and (Z) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preluninary evaluation to the Owner and Constntction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating enviromnentallyresponstble design approaches. The Architect shall reach an understanding with the Owner regarding the requu•ernents 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 Constntction 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 preluninary design, the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preluminary selections of major building systems and constniction materials shall be noted on the drawings or described in writing. § 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 under Article 4. Init. AIA Document B132T"' - 2008 (formerly 8141 TM'CMa - 1892). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 7 This document was produced byAlA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/2412014, and is not for resale. User Notes: (1450144601) § 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 Work. § 3.2.8 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 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 fiirther 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 Constntction Manager under the Consh•uction Manager's agreement with the Owner. § 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 Desio t Development Documents for the Owner's approval and the Construction Manager's review. The Design Development Documents shall be based upon utfonnation provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents uicluduig plans, sections, elevations, typical construction details, and diagranunatic layouts of building systems to fix and describe the size and character of the Project as to architechtral, struchiral, 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 their 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 requu•ed under Sections GS 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 Consh•uctiou Documents for the Owner's approval and the Constr•ttction Manager's review. The Constntction Documents shall illustrate and describe the fitrther development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels ofmaterials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that ui order to constntet 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 having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including 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 utcludes the Conditions of the Contract for Construction and may include bidding requirements and sample forms. Init. AIA Document 6132TM - 2009 (formerly 8141 TMCMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 8 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) § 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 under Section 6.7 and request the Owner's approval of the Constniction 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 Constniction 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 successfitl bid or proposal, if any; and (4) awarduig 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 Construction Manager in bidding the Project by .1 facilitatntg the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating ui a pre-bid conference for prospective bidders, and .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations 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 substihrtions 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 Construction Manager in obtaining proposals by .1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors, and requestnlg their rehun upon completion of the negotiation process; .2 participating ui selection interviews with prospective contractors; and .3 participating ni negotiations with prospective contractors. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substihitions to all prospective conh•actors. § 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 modi$cations shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 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 for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work ui accordance with the requirements of the Contract Documents. The Architect shall he responsible for the Architect's negligent acts or Init. AlA Document 6132TM - 2009 (formerly B141 TMCMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 9 This document was produced byAlA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24!2014, and is not for resale. User Notes: (1450144601) omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Construction Manager, or the Contractor 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 fatal Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at uttervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed ut a mamler indicating that the Work, when fiilly 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 and the Construction Manager (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents 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 Construction 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, utstalled 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 performuig 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 made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writuig or in the form of drawuigs. When making such interpretations and decisions, the Architect shall endeavor to secure faithhil performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relatuig to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that tern is defined nt AIA Document A232-2009, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided nt the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify an 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 Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prime Contractors responsible for performutg different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Sununary 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. Init. AIA Document 6132T~^ - 2009 (formerly 6141 TM'CMa -1892). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 10 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) § 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on (1) the Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor's Application for Pa}nnent or the data comprising the Project Application for Payment, and (3) the recommendation 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 evaluation of the Work for conformance with the Contract Documents upon Substantial Completion., (2) to results of subsequent tests and 'inspections, (3) to correction of motor 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 Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the 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 ntaintaun 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 shall not unreasonably delay or withhold approval. The Architect's action ui reviewing submittals transmitted by the Constntetion Manager shall be taken in accordance with the approved submittal schedule or, in flue absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved Project submittal schedule, and after the Constntetion 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 Drawuigs, Product Data and Samples, but only for the limited purpose of checking fot• conformance with uifonnation 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 constntction 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 retained by the Contractor that bear such professional's seal and sigttahire when submitted to the Architect The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the constntction Manager's recommendations, 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 Consttuction Manager, 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 Architects response to such requests shall be made in writuig within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. Init. AIA Document B132TPA - 2009 (formerly 6141 ""CMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 11 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696378958_1 which expires on 01124/2014, and is not for resale. User Notes: (1450144601) § 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 Construction Change Directives prepared by the Constntction Manager for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may authorize muior changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustmentnt the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintaui 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 deterinnie the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepared by the Constntction 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 Paytneut or a final Project Application and Project Certificate for Payment from the Constntction Manager, issue a final Certificate for Payment based upon a final nispection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner 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 Constntction Manager and Architect, and after certification by the Constntction Manager and the Architect, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained fi•om the Contract Sum, 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 performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but maybe required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 1 L2. (Designate the Additiol/al Se/•vices the Architect shall provide ill the second cohnnn of the !able below. Irf the third column irldicate whether t1/e se/vice description is Jocated ill Section 4.2 or in atl attached ea:hibil. If in an exhibit, ident~~ the exhibit.) Services Responsibility (Architect, Ofv~/er or Not Provided) Location of Service Description (Section 4.2 below or in a/r exhibit attnched to this docutnenl ca/d idenlifred below) 4.1.1 Pro ramtniu Not Provided 4.1.2 Multi le reliminar desi is Not Provided 4.1.3 Measured drawin s Not Provided § 4.1.4 Existin facilities sttrve s Owner 4.1.5 Site evaluation and tannin (B203TM-2007 Not Provided 4.1.6 Buildin information modelin Not Provided 4.1.7 Civil en iueerin Architect 4.1.8 Landsca e desi n Architect 4.1.9 Architectural interior desi n (B252TM-2007 Architect 4.1.10 Value anal sis B204TM-2007 Owner (CM) § 4.1.11 Detailed cost estnnatin Owner (CM) Init. AIA Document B132T"' - 2009 (formerly 6141 TM'CMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 12 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24!2014, and is not for resale. User Notes: (1450144601) 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-constnleted record drawin s Not Provided § 4.1.16 Post occu anc evaluation Not Provided § 4.1.17 Facilit su ort services (B210Tr~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 lannii (B20(Trr-2007 Owner 4.1.22 Commissionin (B21 ITAr-2007 Not Provided 4.1.23 Extensive environmental) res onsible desi i Not Provided 4.1.24 LEED' certification (B214TM-2007) Architect 4.1.25 Historic reservation (B205T"r-2007 Not Provided § 4.1.26 Furniture, funtishiigs, 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 fi~rther described in an exhibit attached to this doeutnent. Civil engiieering includes design of graduYg, drainage, and paving. Landscape design includes irrigation and landscaping planting. Coordination of Owner's consultants ilchides communication with geoteehnieal engineer and land surveyor tuider contract with Owner. § 4.3 Additional Services may be provided after execution of this Agreement, without iivalidatiig the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instntctions or reconunendations 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, constntctabilitycousiderations, procurement or delivery method, or bid packages in addition to those listed in Section L 1.6; .2 Making revisions ii 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 equipment; .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® certification; .4 Changing or editiig previously prepared Instruments 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; .6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; Init, AIA Document 6132'~~' - 2009 (formerly 8141 T"'CMa - 1892). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 13 This document was produced by AIA software ai 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01124/2014, and is not for resale. User Notes: (1450144601) .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 fi•om fire or other cause during constnictiou; 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 explaut the facts and cu•cumstances 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 from the initial Froject submittal schedule agreed to by the Architect; .2 Responduig to the Contractor's requests for information that are not prepared ui accordance with the Contract Documents or where such information is available to the Contractor from a carefitl study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Du~ectives that require 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 Evaluating substitutions proposed by the Owner, Construction Manager or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 One (1) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Thirty-two (32 )visits to the site by the Architect over the duration of the Project during construction .3 Four (4) inspections for any portion of the Work to determnee 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 Ifthe 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 tune shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall fiirnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall retain a Constriction Manager to provide services, duties and responsibilities as described in AIA Document C 132-2009, Standard Form of Agreement Between Owner and Construction Manager. The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager, and any fiu•ther modifications to the agreement. § 5.3 The Owner shall fiirnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds. Init. AIA Document 6132 T^' - 2009 (formerly 8141 TMCMa - 1882). Copyright ©1992 and 2009 by The American instituie of Architects. All rights reserved. 14 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01!24/2014, and is not for resale. User Notes: (1450144601) § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, uncluding (1) the budget for the Cost of the Work as defined ui Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. The Owner shall fitrnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, ui consultation with the Construction 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 scheduluig provides a benefit, but also carries with it associated risks. Such risks include the Owner uteunuig costs for the Architect to coordinate and redesign portions of the Project affected by procuring or ulstallutg 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 Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals ni 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 fitrnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and hies of streets, alleys, pavements and adjoining property and stntchu•es; designated wetlands; adjacent drainage; rights-of=way, restrictions, easements, encroachments, zonuig, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existnig buildings, other improvements and trees; and information concerting available utility services and lines, both public and private, above and below grade, nicluduig inverts and depths. All the information on the survey shall be referenced to a Froject 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 corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recornrnendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall fiirtish the services of consultants other than those designated in this Agreement, or authorize the Architect to fiumish 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 Iiability uisurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall fitrnish tests, inspections and reports required by law or the Contract Documents, such as shuchu•al, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall fitrnish all legal, insurance and aceountnig services, including auditing services, that maybe 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 communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Conumutications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Init. AIA Document 6132T"^ - 2009 (former{y 8141 T~^CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. <, 15 This document was produced byAlA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01I24I2014, and is not for resale. User Notes: (1450144601) 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 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's consultants duruig the Construction 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, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial hlformation, and maybe adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's uiaecuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager's estunates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the OGVner any material inaccuracies and inconsistencies noted durutg 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 Construction 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 Conshuction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, ul consultation with the Constntction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect ul making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 ui consultation with the Architect and Constntction Manager, revise the Project program, scope, or quality as requu•ed to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Sectiolt 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 far the Cast of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5. L The Architect's modification of the Constntction Documents shall be the limit of the Architect's responsibility as a Basic Service under this At•ticle 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes niitiated by the Architect ut scope, basic systems, or the knids and quality of materials, finishes or equipment. Init. AIA Document 61327"' - 2008 (formerly 8141 TM'CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ,, o, ... 16 / This document was produced by AIA software at 10:27:06 on 01131/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner wan•ant 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 hnstruments 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 Instnuments of Service, including the Drawings and Specifications, and shall retain all common law, stahrtory and other reserved rights, includutg copyrights. Submission or distribution of Instniments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be constnied as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's histrurnents 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, uiehtdulg prompt payment of all sums when due, under this Agreement. The Architect shall obtain sinular nonexclusive licenses from 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 equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfiilly terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instrttntents 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, fi~rther agrees to indenmify 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 fi•om the Owner's use of the Instruments of Service under this Section 7.3.1. The tennis of this Section 7.3.1 shall not apply if the Owner rightfi~lly 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 under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the brstrumeuts 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 arisntg out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not conunenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property iustu•ance, 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 theta similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indenuiify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising li•ont claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Init. AIA Document B132TM - 2009 (formerly 6141 T~~CMa -1882). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved, 17 / This document was produced by AIA software at 10:27:06 on 01131/2013 under Order No.4696376958_1 which e~lres on 01/2412014, and is not for resale. User Notes: (1450144601) Architect's duty to indetmtify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termuiation 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 whom requested, that would result in Architect's having to certify, guaranty, or warrant the existence of conditions that Architect cannot ascertaut. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve clauns, disputes and other matters in question between them by mediation which, unless the parties lnuhially agree otherwise, shall be administered by the American Arbitration Association in accordance with its Consh•uction Industry Mediation Procedures ui effect on the date of the Agreement. A request for mediation shall be made ui writing, delivered to the other party to the Conh•act, and filed with the person or entity admutisterutg 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 binding dispute resohrtion proceedings, which shall be stayed penduig 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 arbih•ator(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 nmhially agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements ui any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (check the appropriate box, If the Otvner and Architect do not select a rrtetDtod of binding disprde resohrtion below, or do not subsequently agree in wr•iti/tg to a binding dispute resolution method other than litigation, the dispute will be resolved in n court of contpeterlt jr/risdicfiort.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X) Litigation ui a court of competent jurisdiction [ ] Other: (Sped, f ~) (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect ui accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resunung services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the rentauting services and the tune schedules shall be equitably adjusted. Ihlt. AIA Document B132~"' - 2009 (formerly B141'^"CMa -1992), Copyright ©1992 and 2009 by The American Institute of Architects. Ali rights reserved. 18 This document was produced by AIA software at 10:27:06 on 01/3112013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform ni accordance with the terYns 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 termutation not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Ternination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instrtunents of Service in the event of a ternination 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 bindutg dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Ternts 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 theArchitect 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 requu•e knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothuig contained in this Agreement shall create a contractual relationship with or a cause of action ul favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure ofpersons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary utfornration if the Owner has previously advised the Architect in writing of the specific Init. AIA Document 6132TM - 2008 (formerly 6141 T~"CMa - 1982). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. . 19 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "conf dential" or "business proprietary," the receiving patty 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 ui order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (blsert amount of, or' basis for; compensation.) Architect's fee for Basic Services is a lump sum amount of $352,157, including subconsultants and reimbursibles. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (brsert amount of, or basis, for•, comperlsa/iort, If uecessaT7~, lis7 specifrc services to which par7icular rrretlrods of compensation apply.) Architect's fee for these additional services is a lump sum amount of $55,829, nicluduig subconsultants and reimbursibles. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Inser•l amount of, or basis for•, compeusatiorr.) Time and materials based on the labor rate schedule identified ni Section 11.7 and associated reimbursible expenses identified in Section 11.8, including subconsultants fee with 10% markup and expenses with I O% markup. § 11.4 Compensation for Additional Services of the Architect's consultants when not inchrded in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus Ten percent ( 10 %), 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 witlt an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed ut 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 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 Construction Phase is commenced. Init. AIA Document 6132TM - 2009 (formerly 6141 ""CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ., 20 This document was produced by AIA software at 10:27:06 on 0113112013 under Order No.4696376958_1 which expires on 01124/2014, and is not for resale. User Notes: (1450144601) § 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 upplicnble, attach cm exlribtt of hour•Iy billing rates or zrrser-t lhent belotn.) Exhibit A. Employee or Category Rate ($0.00) § 11.8 Compensation for Project Related Expenses § 11.8.1 Project Related Expenses are included iu compensation for Basic and Additional Services and are as follows: .1 Teleconferences; .2 AIA contract documents software; and .3 Two single seat licenses of e-Builder document management software. .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; (Paragraphs deleted) Should other project related expenses become necessary, these expenses will be authorized by Owner in writing and Architect's total compensation adjusted prior to ilcutrilg the expense. (Paragraph deleted) § 11.9 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: Licensing fee equal to the fee for services performed prior to to termination for convenience. § 11.10 Payments to the Architect § 11.10.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 )shall be made upon execution of this Agreement and is the miiimum 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. 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 priicipal place of business of the Architect. (Iirser! rate of monthly or a»mral irrleresf agreed upon.) Zero. % 0% § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset stuns requested by or paid to contractors far the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 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 muhially convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: For the purposes of this Agreement, the term Engineer and the term Architect maybe used interchangeably. Init. AIA Document B132TM - 2009 (formerly 8141 TM'CMa -1992). Copyright ©1992 and 2009 by The American Instituie of Architects. All rights reserved. 21 This document was produced by AIA software at 10:27:06 on 01131/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) 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 Wray be amended only by written instt•tunent signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B132TM-2009, Standard Form Agreement Between Owner and Architect, Consttliction Manager as Adviser Edition .2 AIA Document E201T°'-2007, Digital Data Protocol Exhibit, if completed, or the following: None. .3 AIA Document E202TM-2008, Building filformation Modeling Protocol Exhibit, if completed, or the .following: None. .4 Other documents: (List outer docznnenfs, if any, irlchlding additional scopes of sen~ice,formillg part of the Agreeulenl.) Architeehlral Interior Design (B252-2007). LEED certification (B214-2012). Furnihire, fiirnishings, and equipment design (B253-2007). See attached Exhibit B. This exhibit includes Rendering #1, Rendering #2, Rendering #3, 3 pages of floor plan, and 1 page preliminary site plan from the proposal to the City of Meridian and depicts the general concept of the wastewater treatment administration building. This scope of services includes schematic design, desib i development, constnuction documents, bid period, and construction admutistration services related to the general concept depicted in these exhibits. Init. AIA Document B132T"' - 2009 (formerly 8141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. 22 This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01124/2014, and is not for resale. User Notes; (1450144601) i This Agreement is entered into as of the day and year first written above. Init. CITY OF MERIDIAN (OWNER) .~° ,: ,~. BY: TAMMY de WEER ,MAYOR ~_, SPF WATER ENGINEERING, LLC Dated: ~" 5- j~ (Roue deleted) Approved by Council: o~ " ~ " ~ Attest: • ., ~--- JA EE L. LMAN, CITY CLERK Purchasing Approval BY: KEITH WATTS, Purchasing Manager City Project Manager G'==; BY: CATHY COOPEf~, Manager ~._~ Dated: ~ ~~~ ~~, BY: TERRY SCANLAN, Man ~~ 23 AIA Document 8132*"' - 2009 (formerly 8141'"'CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. / This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/2412014, and is not for resale. User Notes: (1450144601) ~j `® ,~®® ~ _ Standard Form ofArchitect's Services: LEED° Certification for the following PROJECT: (Name a~~d location or address) Wastewater Treatment Plant Administration Building Meridian, ID THE OWNER: (Nm~1e, legal status and address) City of Meridian 33 East Broadway Avenue, Suite 106 Meridian, ID 83642 THE ARCHITECT: (Nm~1e, legnl status and 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 ni the year two thousand and thirteen. (In 1a~ords, indicate day, molltll and year.) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 LEED CERTIFICATION SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 MISCELLANEOUS PROVISIONS 7 SPECIAL TERMS AND CONDITIONS Init. AIA Document B214T"' - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. ` "' ~ _ This 7 document was created on 01/16/2013 10:20:32 under the terms of AIA Documents on Demand's Order No. 2008569611 ,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. ARTICLE 1 INITIAL INFORMATION § 1.1 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 below info/mation, inchrding a list of the Orr~r~er's co/~sadtants acrd other conditio~as or asstnnptioras, flaat will affect the Alchitect's pet fol•marrce.) § 1.1.1 The Owner has established a goal for the Project to achieve Leadership in Energy and Environmental Design (LEED) Certification at the level set forth below: (List level ofLEED Cef•tificatiwr, e.g. Platir7um, Gold, Silver, Cert~ed) Silver under the following United States Green Building Council (USGBC) LEED Green Building Rating System and version: (List the LEED G~•eelr Building Ratillg System a/1d applicable versl~olr tmgeted for the Project.) LEED 2009 New Construction and Major Renovations § 1.2 Check one box below to indicate whether the Architect is responsible, under the accompanying Owner-Architect Agreement, for preparation of the Conhact Documents and submission of the necessary construction documents to the public authority having jurisdiction over the Project (the Prime Architect); or whether the Architect is not responsible for preparation of the Contract Documents under the accompanying Owner-Architect Agreement, and is providing services under this Standard Form of Architect's Services only as a LEED consultant to the Owner (LEED Consulting Architect): ^X Prime Architect ^ LEED Consulting Architect If the Architect is performing the Architect's services as the Prime Architect, the Architect shall perform the services set forth in this Standard Form of Architect's Services but shall not perforni the services described in Section 2.8. If the Architect is performing the Architect's services as the LEED Consulting Architect, the Architect shall perform the services set fot•th in this Standard Form of Architect's Services but shall not perforni the services described in Section 2.7. ARTICLE 2 LEED CERTIFICATION SERVICES § 2.1 The Architect shall review applicable criteria for achieving the targeted level of LEED Certification identified in Section 1.1.1 and shall consult with the Owner with regard to such requirements. The Architect shall attend meetings during the Design and Construction Phases, communicate with members of the Project team, and issue progress reports as appropriate to coordinate the LEED Certification process for the Project. § 2.2 The Architect shall coordinate the LEED Certification Services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information related to the LEED Certification of the Project. § 2.3 LEED Certification Agreements The Architect shall provide the Owner with copies of all agreements required by the Green Building Certification Institute (GBCI) or the USGBC to register the Project and pursue the anticipated LEED Certification. The Owner and Architect will review the agreements, and confirm that the terms of those agreements are acceptable to the Owner, before the Architect perfornls the LEED Certification Services under this Article 2. The Owner agrees to execute all documents required by the GBCI or the USGBC to be executed by the Owner, including any documentation required to establish the authority of the Architect as an agent of the Owner for the limited purpose of pursuing LEED Certification. AIA Document B214T~A - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. Init. ~ B This 2 document was created on 01/16/2013 10:20:32 under the terms of AIA Documents on Demand"' Order No. 2008569611 ,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. § 2.4 LEED Workshop No later than the conclusion of the Schematic Design Phase, the Architect shall conduct a LEED Workshop with the Owner and, as requested by the Architect, with the Owner's consultants and the Architect's consultants, during which the attendees will: review the LEED Green Building Rating System; examine LEED credits to be targeted, utilizing the appropriate Green Building Rating System Project Checklist, and identify potential LEED points associated with those credits; examine strategies for implementation of the targeted LEED credits; and discuss the potential impact of the targeted LEED credits on the Project schedule and Owner's program and budget. § 2.5 LEED Certification Plan § 2.5.1 Following the LEED Workshop, the Architect shall prepare a LEED Certification Plan based on the targeted LEED credits. The LEED Certification Plan shall consist of, at a minimum, the appropriate Green Building Rating System Project Checklist indicating the targeted LEED credits; the Owner's LEED Certification goal; information describing the Owner's, the Owner's consultants', the Contractors and the Architect's responsibilities for each LEED credit; and a list of the LEED Documentation, as set forth in Section 2.6.2, required from each of them. The Architect shall submit the LEED Certification Plan to the Owner for the Owner's approval. § 2.5.1.1 Following the Owner's approval of the LEED Certification Plan, the Architect shall provide the services specifically identified as the responsibility of the Architect in the LEED Certification Plan and any approved changes to the LEED Certification Plan. If the LEED Certification Plan requires the Architect to provide services necessitated by a change in the Initial Information, previous inshuctions or approvals given by the Owner, or a material change in the Project, those services shall be provided pursuant to Section 3.3. § 2.5.2 Subject to Section 3.1 or Section 3.2, the Architect shall make adjustments to the LEED Certification Plan, as the design and construction of the Project progresses, to reflect any changes approved by the Owner. § 2.6 Project Registration and Submission of LEED Documentation to the GBCI § 2.6.1 The Architect, as agent for the Owner, shall register the Project with the GBCI. Registration fees and airy other fees charged by the GBCI, and paid by the Architect, shall be a reimbursable expense and shall be credited against any initial payment received pursuant to Section 5.4. § 2.6.2 The Architect shall collect documentation, calculations and submittals necessary to meet the LEED Certification requirements (LEED Documentation) from the Owner, the Owner's consultants and the Contractor, and organize and manage the LEED Documentation as necessary for the LEED Certification process. § 2.6.3 Subject to Section 3.1 or Section 3.2, and provided the Architect receives timely notice from the Owner or the GBCI, the Architect shall prepare and file necessary documentation with the GBCI to appeal a ruling or other interpretation denying a minimum program requirement, prerequisite, or credit or point necessary to achieve the LEED Certification. § 2.6.4 Subject to Section 3.1 or Section 3.2, the Architect shall prepare and submit the LEED Certification Application for the Project to the GBCI, including any required supporting documentation, in accordance with the LEED Certification Plan. § 2.6.5 Subject to Section 3.1 or Section 3.2, the Architect shall prepare responses to, and submit additional documentation required by, comments or questions received from the GBCI. § 2.6.6 Any certification, declaration or affirmation the Architect makes to the GBCI shall not constitute a warranty or guarantee to the Owner or the Owner's contractors or consultants. § 2.7 Services Performed Only by the Prime Architect Pursuant to Section 1.2 § 2.7.1 LEED Certification Drawings and Specifications The Architect shall prepare Construction Documents that incorporate the requirements of the LEED Certification Plan, as appropriate. § 2.7.2 In order to achieve LEED Certification, the Project may require the use of materials and equipment that have had limited testing or verification of performance. The Architect maybe unable to deterniine that the materials or equipment will perform as represented by the manufacturer or supplier. The Architect shall discuss with the Owner the proposed use of such materials or equipment and potential effects on LEED Certification of the Project that may occur if the materials or equipment fail to perform in accordance with the manufacturer's or supplier's representation. The Owner AIA Document 6214T'" - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. ` Init. This document was created on 01/16/2013 10:20:32 under the terms of AIA Documents on Demand' Order No. 2008569611 ,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. will render a written decision regarding the use of such materials or equipment. In the event the Owner elects to proceed with the use of such materials or equipment, the Architect shall be permitted to rely on the manufacturer's or supplier's representations and shall not be responsible for any damages arising from failure of the material or equipment to perform in accordance with the manufacturer's or supplier's representations. § 2.7.3 LEED Certification Services during Bidding or Negotiation § 2.7.3.1 The Architect shall conduct apre-bid conference to receive questions regarding Bidding Documents related to LEED Certification. § 2.7.3.2 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents, related to LEED Certification, to all prospective bidders in the forni of addenda. § 2.7.3.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions, related to LEED Certification, to all prospective bidders. § 2J.3.4 The Architect shall assist the Owner with evaluating information in bids or proposals and deternination of the successful bid or proposal, if any, related to LEED Certification. § 2.7.4 LEED Certification Services during Construction § 2.7.4.1 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Conriact Documents, related to LEED Certification, that include a detailed written statement indicating the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.7.4.2 The Architect shall prepare supplemental Drawings, Specifications and other information in response to requests for information by the Contractor related to LEED Certification. § 2.7.4.3 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 3.1.4, to become generally familiar with and to keep the Owner informed about the progress of the portions of the Work related to LEED Certification. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not have control over, charge of, or be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. § 2.7.4.4 Subject to Section 3.1, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples for the limited purpose of checking for conformance with applicable LEED credit requirements. The Architect's action shall betaken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Owner's consultants or Conh•actor, while allowing sufficient tune in the Architect's professional judgment to perniit adequate review. Review of such submittals is not for the purpose of determining the accuracy and completeness of other infortation such as dimensions, quantities, and installation or perforniance 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 procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.7.4.5 The Architect shall review properly prepared, timely requests by the Owner, Owner's consultants or Contractor for changes in the Work related to LEED Certification. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and infomation to pettnit the Architect to make a reasonable determination, without extensive investigation or preparation of additional drawings or specifications, whether the requested changes in the Work are materially different fiom the requirements of the LEED Certification Plan. § 2.7.4.6 If the Architect deternines that implementation of a requested change in the Work would result in a material effect on LEED Certification, the Architect shall notify the Owner, who may authorize further investigation of such change. Based upon the Architect's investigation and information furnished by the Contractor, if any, the Architect shall make recommendations to the Owner regarding the implementation of the requested changes. Init. AIA Document B214TP'' - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. ~ This 4 document was created on 01/16(2013 10:20:32 under the terms of AIA Documents on Demand`"' Order No. 2008569611 ,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. § 2.8 Services Performed Only by the LEED Consulting Architect Pursuant to Section 1.2 § 2.8.1 LEED Certification Drawings and Specifications The Architect shall review the Schematic Design Documents, Design Development Documents and Construction Documents, advise the Owner of potential impediments to the achievement of LEED Certification or targeted credits or points, and discuss remedial options with the Owner. The Architect shall not be responsible for discovering errors or omissions in the Schematic Design Documents, Design Development Documents and Construction Documents or violation of any applicable codes. § 2.8.2 LEED Certification Services during Bidding or Negotiation § 2.8.2.1 The Architect, if requested by the Owner, shall attend apre-bid conference, conducted by the Owner or the Owner's consultants, to receive questions regarding Bidding Documents related to LEED Certification. § 2.8.2.2 The Architect shall assist the Owner and the Owner's consultants with providing clarifications and interpretations of the Bidding Documents related to LEED Certification. § 2.8.2.3 The Architect shall assist the Owner and the Owner's consultants with review of substitutions related to LEED Certification, if the Bidding Documents perniit substitutions. § 2.8.2.4 The Architect shall assist the Owner and the Owner's consultants with evaluating information in bids or proposals related to LEED Certification. § 2.8.3 LEED Certification Services during Construction § 2.8.3.1 The Architect shall assist the Owner and the Owner's consultants in reviewing requests by the Contractor for additional infor-rnation about the Contract Documents related to LEED Certification. § 2.8.3.2 The Architect shall provide advice and recommendations to the Owner and the Owner's consultants regarding supplemental Drawings, Specifications and other information that may be developed by the Owner and the Owner's consultants in response to requests for information by the Contractor related to LEED Certification. § 2.8.3.3 Subject to Section 3.2, the Architect shall provide advice and recommendations to the Owner and Owner's consultants regarding the Contractor's submittals such as Shop Drawings, Product Data and Samples for the limited purpose of checking for conforniance with applicable LEED credit requirements. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Owner's consultants or Contractor, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not for the purpose of deternining the accuracy and completeness of other information such as dimensions, quantities, and installation or perfornlance of equipment or systems, which are the Conhactor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's recommendations regarding a specific item shall not indicate approval of an assembly of which the item is a component. § 2.8.3.4 The Architect shall provide advice and recommendations to the Owner and the Owner's consultants regarding requests by the Owner, Owner's consultants or Contractor for changes in the Work related to LEED Certification. § 2.8.3.5 If the Architect deternlines that implementation of a requested change in the Work would result in a material effect on LEED Certification, the Architect shall notify the Owner, who may authorize further investigation of such change. Based upon the Architect's investigation and information furnished by the Contractor, if any, the Architect shall make recommendations to the Owner regarding the implementation of the requested changes. § 2.9 Project Completion § 2.9.1 For purposes of this Standard Form of Architect's Services, Substantial Completion shall be defined in accordance with AIA Document A201T"'-2007. Verification that the Project has achieved LEED Certification, or the actual achievement of LEED Certification, shall not be a condition precedent to the issuance of a Certificate of Substantial Completion. § 2.9.2 If the Architect's Service required under this Standard Form of Architect's Services have not been completed within six ( 6 )months after the date of Substantial Completion, through no fault of the Architect, extension of the Architect's services under this Standard Form of Architect's Services beyond that time shall be compensated as Additional Services. AIA Document B214T'" - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. ' "~ Init. ~ This 5 document was created on 01/16/2013 10:20:32 under the terms of AIA Documents on Demand"' Order No. 2008569611 ,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. ARTICLE 3 ADDITIONAL SERVICES § 3.1 If the Architect is perforning its services as the Prime Architect pursuant to Section 1.2, the Architect shall provide LEED Certification 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 )adjustments to the LEED Certification Plan .2 One ( 1 )meetings during the Design and Construction Phases required to define, develop and incorporate the items included in the LEED Certification Plan into the Contt•act Documents .3 One ( 1 )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor related to LEED Certification .4 Four ( 4 )visits to the site by the Architect over the duration of the Project during construction, beyond those established in the Agreement, and specifically related to LEED Certification .5 One ( 1 )submittals to the USGBC/GBCI .6 One ( 1 )responses to the USGBC/GBCI's comments and questions ,7 Zero ( 0 )appeals to the GBCI pursuant to Section 2.6.3 § 3.2 If the Architect is performing its services as the LEED Consulting Architect pursuant to Section 1.2, the Architect shall provide LEED Certification Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 N/A ( - )adjustments to the LEED Certification Plan .2 N/A ( -)meetings during the Design and Construction Phases, required to define, develop and incorporate the items included in the LEED Certification Plan into the Contract Documents .3 N/A ( - )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor related to LEED Certification .4 N/A ( - )submittals to the USGBC/GBCI .5 N/A ( - )responses to the USGBC/GBCI's comments and questions .6 N/A ( - )appeals to the GBCI pursuant to Section 2.6.3 § 3.3 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 givuig rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Preparation of design and documentation, related to LEED Certification, for alternate bid or proposal requests proposed by the Owner; .2 LEED Certification Services necessitated by a change in the Initial Information, previous instructions 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; .3 Changing or editing previously prepared Instruments of Service, including the LEED Certification Plan, necessitated by changes in the requirements to achieve the LEED Certification goals established for the Project. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, conshaints and criteria, including system requirements and relationships, special equipment and site requirements. § 4.2 The Owner shall provide to the Architect any information requested by the Architect that is relevant and necessary for achievement of LEED Certification, including design drawings; construction documents; record drawings; shop drawings and other submittals; operation and maintenance manuals; master plans; building operation costs; building operation budgets; pertinent records relative to historical building data, building equipment and furnishuigs; and repair records. § 4.3 The Owner shall provide access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress as necessary for the Architect to provide the LEED Certification Services. § 4.4 The Owner shall furnish the services of design consultants, testing agencies, and contractors necessary to allow the Architect to provide the LEED Certification Services. Init. AIA Document B214T"' - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. This 6 ~ document was created on 01/16/2013 10:20:32 under the terms of AIA Documents on Demand"' Order No. 2008569611 ,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. § 4.5 Based on the Owner's approval of the LEED Certification Plan and any approved changes to the LEED Certification Plan, the Owner shall perforni those items identified as the responsibility of the Owner in the LEED Certification Plan or as otherwise required by the Conhact Documents. The Owner shall require that each of its contractors and consultants perform the consultant's or contractor's services in accordance with the LEED Certification Plan. § 4.6 The Owner shall comply with the requirements of the USGBC or the GBCI as they relate to the Project both during construction and after completion of the Project. § 4.7 The Owner shall be responsible for preparing, filing, and prosecuting appeals to the GBCI, or taking any other action deterniined by the Owner to be necessary or desirable, arising from the revocation or reduction of an awarded LEED Certification. § 4.8 Unless otherwise provided in the Agreement, or in Article 7 of this Standard Form of Architect's Services, the Owner shall provide an independent commissioning agent for the Project. § 4.9 The Owner shall advise the Architect of any proposed changes to the Project which may affect the LEED Certification Plan. ARTICLE 5 COMPENSATION § 5.1 For the Architect's LEED Certification Services described under Article 2, the Owner shall compensate the Architect as follows: (Insert amoan~t of, or basis for, conTpensation.) Architect's fee for these additional services is a lump sum amount of $63,236, including subconsultants, reunbursibles, and LEED certification fees to the United States Green Building Council (Project Registration, Reference Guide, Design Review, and Construction Review). § 5.2 For Additional Services that may arise during the course of the Project, including those under Sections 3.1 or 3.2, and 3.3, the Owner shall compensate the Architect as follows: (h~sert nnroul~t of, or basis fog; compensation.) Per Section 11.3 of the Standard Form Agreement between Owner and Architect, Construction Manager as Adviser Edition (B l 32-2009). § 5.3 Compensation for Additional Services of the Architect's consultants when not included in Section 5.2, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: § 5.4 Upon incorporation of this Standard Form of Architect's Services as part of the Agreement, an initial payment to the Architect of zero ($ 0 )shall be made for registration fees and other fees payable to the GBCI and necessary to achieve the LEED Certification. The Atchitect's payments to the GBCI shall be credited to the Owner's account at the time the expense is incurred. Init. AIA Document B214TM - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. `' t ~ This 7 document was created on 01/16/2013 10:20:32 under the terms of AIA Documents on Demand`"' Order No. 2008569611 ,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. ARTICLE 6 MISCELLANEOUS PROVISIONS § 6.1 In the event of a conflict between the terms of this Standard Form of Architect's Services and the terms of the accompanying Owner-Architect Agreement, the terms of this Standard Fo17n of Architect's Services shall conh•ol. § 6.2 The Owner and Architect acknowledge that LEED Certification is awarded by an independent third party organization, and is dependent on factors beyond the Architect's conhol, such as the Owner's use and operation of the Project; the Work provided by the Contractor or the work or services provided by the Owner's other conh•actors or consultants; or interpretation of LEED credit requirements by the GBCI. Accordingly, the Architect does not warrant or guarantee that the Project will be granted LEED Certification. § 6.3 In addition to any other waiver of consequential damages in the accompanying Owner-Architect Agreement, the Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Standard Form of Architect's Services, including failure of the Project to achieve LEED Certification or the level of LEED Certification indicated in the LEED Certification Plan; failure to achieve one or more LEED credits or points; unachieved energy savings; unintended operational expenses; lost financial or tax incentives; or unachieved gains in worker productivity. Except as specifically provided in the Agreement, or in Article 7 of this Standard Form of Architect's Services, this mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of the Agreement. § 6.4 Solely for the pm~ose of obtaining or maintaining LEED Certification, the Architect grants the Owner a nonexclusive license to submit the Architect's Instruments of Service, directly or through third parties, to the USGBC or the GBCI to comply with the requirements imposed by the USGBC or the GBCI and further grants the Owner a nonexclusive license to allow the USGBC or the GBCI to publish the Instruments of Service in accordance with the policies and agreements required by the USGBC or the GBCI. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Standard Form of Architect's Services. The license granted in this Section 6.4 is valid only if the Owner substantially performs its obligations, uicluding prompt payment of all sums when due, under the Agreement and this Standard Form of Architect's Services. If the Architect rightfully te1•rninates the Agreement for cause, the license granted in this Section 6.4 shall terminate. ARTICLE 7 SPECIAL TERMS AND CONDITIONS Special teams and conditions that modify this Standard Form of Architect's Services: LEED" Certification, if any, are as follows: For the purposes of this Agreement, the term Engineer and the term Architect may be used interchangeably. AIA Document B214T'A - 2012. Copyright ©2004, 2007 and 2012 by The American Institute of Architects. All rights reserved. Init. ~ This $ document was created on 01 /16/2013 10:20:32 under the terms of AIA Documents on Demand'' Order No. 2008569611 ,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 ,_'~~ _~ ~ 1`~_ Standard Form of Architect's .Services: Architectural Interior Design for the following PROJECT: (Name and location or~ add~•ess) Wastewater Treahnent Plant Adminisri•ation Building THE OWNER: (Name, legal status mrd address) City of Meridian 33 East Broadway Avenue, Suite 106 Meridian, ID 83642 THE ARCHITECT: (Nmne, legal status and 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 uT the year two thousand and thirteen. (bllvords, indicate day, month and 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 AIA Document 8252T"'' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This 1 t document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'~' order no. 2008569611 ,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,oncoaa ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following infornation. Material changes to this information may entitle the Architect to Additional Services. (List belotir~ i/lfornaatiw~ that 11~i11 affect tlae Architect's pe/fornta/ace, i/cluding /he Of1~ne/•'s Bi/dget for the Cost of the lfrork, a~ad t7ae 01f~ner's anticipated dates for conmaence/r/ent of consb•uction and Substa/1tia1 Comp/etion) 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 fiom 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 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 thew 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 personnel, space, furniture, furnishings and equipment, operating procedures and communications. § 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 iiiforYnation 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 shucture, 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. 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. Init. AIA Document B252T'" - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This 2 / document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'•' order no. 2008569611 ,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 teleconmlunications equipment, reproduction equipment and the corresponding 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 offered in the landlord's workletter. § 2.6.5 The Architect shall report to the Owner observations and reconmiendations based on the evaluation of the alternative 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 personnel 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, windows, rooms, offices, workstation areas and special use areas to conforni 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 conshuction 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 illustrate 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 adjushnents to the preliminary schedule and estimate of the Cost of the Worlc. AIA Document B252T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This 3 / document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT"" order no. 2008569611 ,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 Worlc, the Architect shall prepare Consh•uction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings, Specifications and other documents required to describe the interior construction necessary for the Project. § 2.9.2 The Contract Documents shall include plans, elevations, sections, schedules, details and specifications required to describe the interior conshuction 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 governmental 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 ofprospective 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 conshuction and quotations for furniture, furnishings 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 contractors and vendors and provide written clarifications and interpretations of the Bidding and Quotation Documents in the form 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 preparing 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 Contract between the Owner and Contractor as set forth below and in the AIA Docmnent A201 2007, General Conditions of the Contract for Construction. If the Owner and the Contractor modify AIA Document A2012007, 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 Construction 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 conriol 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 comiection with the Work, nor shall the Architect be responsible for the Conh•actor'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. AIA Document B252T''' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This 4 / document was created on 01 /16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'~" order no. 2008569611 ,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 Construction Phase Services commences with the award of the Contract for Construction and terninates 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 fiom the Conh•act 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 Conhactor, 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 fmal 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 construction, 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 manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits the Architect shall keep the Owner reasonably infornied 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 fiom the most recent construction schedule submitted by the Conhactor, and (2) defects and deficiencies observed in the Work. § 2.11.2.2 The Architect has the authority to reject Work that does not conforn to the Conhact Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing 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 Contractor 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 Conh•actor'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) an 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, techniques, 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 AIA Document 6252T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. 5 . This / document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'" order no. 2008569611 ,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 perniit 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 Conh•actor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with inforniation 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 inforniation such as dimensions, quantities, and installation or perforniance of equipment or systems, which are the Conri•actor'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, h•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 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 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 Conhact 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 Drawnigs 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 Contract 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 Consh•uction 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 Conh•actor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Conhact 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 corrected. AIA Document B252T'" - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. i This document was created on 01 /16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'•^ order no. 2008569611 ,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 inforn the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Conh•act Sum, if any, for final completion or correction of the Work. § 2.11.6.4 The Architect shall forward to the Owner the following information received from the Conhactor: (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 Contract 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 A251 T"~-2007, General Conditions of the Contract 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 checking for conformance with infotniation given and the design concept expressed in the Conhact Documents. § 2.12.4 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 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 detertnine that furniture, 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. § 2.12.6 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 detetnline, in general, if the Work observed is being perfortued in a mamier indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The Architect shall not have conriol 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 Work. 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. (Designate the Additional Se~7~ices the Architect shall provide in the second colu»v7 of the table below. ha die third column indicate whether the service description is located in Sectio~r 3.2 or in m7 ea:hibit attached to this se~7~ices docmr~ent. If in an exhibit, ident~~ the exhibit) Services Responsibility (Architect, O>7>>7er or Not Provided Location of Service Description (Sectio~7 3.2 beloly or m1 exhibit attached to this document a~zd 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. ~r .This / document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'" order no. 2008569611 ,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, Owner or Not Provided Location of Service Description (Section 3.2 below w• an ea:hibit attached to t1/is docul~lerlt and ideTltifred belolt~ § 3.1.6 Art Selection and/or Procurement Not Provided § 3.1.7 S ecial Consultants Architect Inter retive Center and interiors § 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/Reject 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 B207T"'-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 prepare a plan for the hrterpretive Center and design interiors for the Wastewater Administration Building. § 3.3 Additional Services may be 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 instructions 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 enachnent or revision of codes, laws or regulations or official interpretations; .3 Services necessitated by decisions of the Owner not rendered in a timely mamier or any other failure of performance 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; AIA Document B252T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. as ~ This document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT"^ order no. 2008569611 ,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 alternate 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 conshuction, or .10 Assistance to the Initial Decision Maker, if other than the Architect. § 3.3.2 To avoid delay in the Conshuction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewnig a Conhactor's submittal out of sequence fiom the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for inforniation that are not prepared in accordance with the Contract Documents or where such inforniation is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided inforniation, Contractor-prepared coordination drawings, or prior Project corespondence 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 Instruments of Service; .4 Evaluating an extensive number of Claims; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Inshuments of Service resulting therefiom; or .6 To the extent the Architect's 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 Inforniation, whichever is earlier. § 3.3.3 The Architect shall provide Conshuction 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 during construction .3 One ( 1 )inspections for any portion of the Work to deterniine whether such portion of the Work is substantial ly complete in accordance with the requirements of the Contract Documents .4 One ( 1 )inspections for any portion of the Work to deterniine 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 inforniation contained in the lease or landlord cotTespondence 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 fiom the facility, unless specifically designated otherwise in 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 direct conmiunications have been specially authorized, the Owner shall endeavor to communicate with the Conhactor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract 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 mamier regarduig 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 fiom AIA Document B252T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. ' Init. This 9 / document was created on 01 /16/2013 10:20:33 under the terms of AIA Documents-on-DemandT"' order no. 2008569611 ,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 coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in 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 Inshuments of Service. § 4.13 Before executing the Conhact 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 Conh•actor, including the General Conditions of the Contract for Conshuction. 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 construct, purchase and nistall all elements of the Project designed or specified by the Arclitect 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 Iuforrnation. 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 the Architect represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect uor Owner has conh•ol over the cost of labor, materials, fur~riture, furnishings or equipment; over the Contractors' methods 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 fiom the Owner's budget for the Cost of the Work or fi•om any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 5.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, furniture, furnishings and equipment, finishes, component systems and types of conshuction 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 alternate 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 Inst. AIA Document B252TM - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This 1 ~ / document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'•' order no. 2008569611 ,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 cut•rent area, volmne or similar conceptual estimating tecluiiques. If an increase in the Conhact 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 conunenced within 90 days after the A1chitect submits the Contract Documents to the Owner, tluough 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 through 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 reconmiendations 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 Contract 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 necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Conhact 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: (h7sert amount of, or basis fot; compensation.) Architect's fee for Architectural Interior Design Services is included in Section 11.2 of the Standard Form Agreement between Owner and Architect, Construction Manager as Adviser Edition (B 132-2009). § 6.2 For Additional Services designated in Section 3.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation7. If t7ecessat3~, list specifrc set7~ices to which particular methods of compensation apply.) Architect's fee for Architectural Interior Design Services is included in Section 11.2 of the Standard Fot7n Agreement between Owner and Architect, Construction Manager as Adviser Edition (B 132-2009). § 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: (b7sert mnount of, or basis fot; compensation.) Per Section 11.3 of the Standard Form Agreement between Owner and Architect, Consriuction Manager as Adviser Edition (B 132-2009). AIA Document B252T''' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. Thistt 11 / document was created on 01 /16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'~^ order no. 2008569611 ,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: (Ir7sert additiwaal phases as apps•opriate.) Programming Phase: Pre-lease Analysis and Feasibility Services Phase: Schematic Design Phase: Design Development Phase: Contract Documents Phase: Bidding and Quotation Phase: Conshuction Contract Administration Phase: Furniture, Furnishings and Equipment Contract Administration Phase: percent ( %) Total Compensation: percent ( %) percent ( %) percent ( %) percent ( %) percent ( %) percent ( %) percent ( %) 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, in 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 Conshuction Phase is conunenced. § 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 an e~atibit of Itotml~~ billing rates or insert tlfenf belotiv.) Employee or Category Rate ARTICLE 7 SPECIAL TERMS AND CONDITIONS Special ternis 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 term Engineer and the term Architect may be used interchangeably. Init. AIA Document B252T^' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. This ~ 2 document was created on 01/16/2013 10:20:33 under the terms of AIA Documents-on-DemandT'~' order no. 2008569611 ,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. !~' TM e,`-~- Star~dard F0~'m Of,4rChiteCt's ~erVilces: Furniture, Furnishings and Equipment Design for the following PROJECT: (Name and location or address) Wastewater Treahnent Plant Administl•ation Building THE OWNER: (Name, legal states a/~d address) City of Meridian 33 East Broadway Avenue, Suite 106 Meridian, ID 83642 THE ARCHITECT: (Nmne, legal stators cmd 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 in the year two thousand and thirteen. (b1 1f~ords, indicate day, month cmd 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 Init. AIA Document B253T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. ~ This document was ~ / created on 01/16/2013 10:20:34 under the terms ofAlA Documents-on-DemandT"~° order no. 2008569611 ,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,oncoaa 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 belo>7~ information, including conditions o~• assrrnrptions, that 11~i11 affect the Architect's peiforn/ance.) ARTICLE 2 FURNITURE, FURNISHINGS AND EQUIPMENT SERVICES § 2.1 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 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 coulplete 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, telecormnunications, and reproduction equipment related to furniture, furnishings and equipment. § 2.5.6 The Architect shall prepare a written summary of observations and make reconmrendations 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. Init. AIA Document 8253T"' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. i= 2 This document was ~ created on 01/16/2013 10:20:34 under the terms of AIA Documents-on-DemandT'A order no. 2008569611 ,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 alternative 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, furnishings 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 drawnigs 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 furniture, furnishings and equipment. § 2.9.2 The Architect shall assist the Owner in obtaining quotations for furniture, furnishings 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 form 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 contracts for furniture, furnishings and equipment only as set forth below and in AIA Document A251T"' 2007, General Conditions of the Conh•act for Fw•niture, Furnishings and Equipment. § 2.10.2 The Architect will assist the Owner hi 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 inforYnation given and the design concept expressed in the Contract Documents. AIA Document 6253T''' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. fc; m~ .This document was 3 / created on 01/16!2013 10:20:34 under the terms of AIA Documents-on-DemandT'~ order no. 2008569611 ,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 i17 conhactual matters. § 2.10.5 The Architect shall review final placement and inspect for damage, quality, assembly and function in order to detettnine that furniture, furnishings and equipment are in accordance with the requirements of the Conhact Documents. The Architect may recommend to the Owner acceptance or rejection of furniture, furnishings and equipment. § 2.10.6 The Architect shall visit the Pt•oject 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 deterniine, in general, if the Work observed is being perfot7ned in a manner indicating that the Work, when fully completed, will be in accordance with the Conhact 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 Contract 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 perfottn 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 Sen~ices the Architect shall provide itt the second coltmut of the table belotit~. In the third column indicate ~t~hether the service description is located in Section 3.2 or in an exhibit attached to this ser>ices document. If in an exhibit, idettt~~ the exhibit.) Services Responsibility (Architect, Owner or Not Provided Location of Service Description (Section 3.2 belolt~ or an exhibit attached to this document attd identifred belolt~ § 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 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 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 B207T"'-2008 Owner CM AIA Document B253T'~ - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This document was 4 t created on 01!16/2013 10:20:34 under the terms of AIA Documents-on-DemandT'n order no. 2008569611 ,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 (blsert a descf•iptio~l of each service i~t Section 31 the Architect shallp/•ovide if notfurther described in a/1 exhibit attached to this docimaent.) 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 information 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 financing 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: (b7sert a»rotmt of, or basis for, compensation.) Architect's fee for Architectural Inter7or Design Services is included hl Section 11.2 of the Standard Form Agreement between Owner and Architect, Construction 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: (basert cnnomlt of, or basis• for, compensatio~7. If i7ecessmy, list specifrc services to 1r~hich particulm• 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: AIA Document B253T''' - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. Init. This document was created on 01/16/2013 10:20:34 under the terms of AIA Documents-on-DemandT"' order no. 2008569611 ,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: (b~sert cr~lditioi/al 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 perforn7ed 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 perfortned. ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Fm•iture, Furnishings and Equipment Design, if any, are as follows: For the purposes of this Agreement, the term Engineer and the term Architect may be used interchangeably. Init. AIA Document 8253T'" - 2007. Copyright ©2005 and 2007 by The American Institute of Architects. All rights reserved. k5 This document was created on 01/16/2013 10:20:34 under the terms of AIA Documents-on-DemandT'~' order no. 2008569611 ,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. Exhibit A - SF~F Vt/ATER ENGINEERING, LLC SCHEDULE OF HOURLY BILLING RATES F'e~•sonnel 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 1S` each year. N O 0 i C 1 O to ]~ C U C ~ ~ ~ N > '~ «° Y G W N ~ °O l6 O) ~ in E a o ~ 'O v v C O a ~° l9 ~ N m U ® m E j~ C O 3 m ~ C -- -- f >, ~ ~ w N C ° -o N E c ._ " . . N ' o U~ m __ r I _ _- ~_ ' O N C °- ~ y t ... O O N U V N ~. ~ o ~ ~ ° N -- -J ~ i f ~ ~_ 3 ~ ~ o ~ o m N , ; . s,r i ~ «°~, .~ m ~ ~ d ~ ~ o ~~~.. ~ ~ ~- ° m ~a v ; _ ~ ~ ~ . ~~ ~ ~ ~ i- ~ I "i N ~ 2 O O 'O C O ~ ~ C N _ ~ 1_ +r `~ i~ ~ y E ~ a ~ R~ 3 m ~ v a -{ Sfi 1 ~ ~ r i ~ ~~I it ' ~ a ~ ~~~1, ~- r! I ~ _ V Q. ~ ~ N 7i 'O 'O ~ O t~I1 G R N C y O E~ ~ ~N ~ m ~ O 2 y J ~~~: ~ 7 a m w 3 ~' o~ ~ - ~ I3w ~ 1 I ~~l nI y ~ ' ~ ~ f0 O O. C E .+p' O7 y ~ C. N ~ --... ~ t ~ ~M '~aL' ~ f ! ~ t ~ N O N n ~ N O O) Q. O ~ N O C O ~ tir t~ 7 ~ ~ ~ I I I y • f ~ ~ ~ ~ 0 ~ . O `~ U V O pp ~ N U U N '"' ~° _ N 3 ` p~ N ~q ~ V a ' r --~ q r! i ~a ~ i ~'l i ~" Z. c a p m m o o a° o c ° E c o '= m o m m E~ ~ o> ~ . ,.. :c tr! 4 / ~ ~ -~-~ E m ~° ~ C ~ °rn R° E c~ N N N ' ' a~ o G Z a~ N Q j O_ V p ~. 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' N ~~ ~F ~ .,, H, i _ t - -r- ~ _ a~ ~ v ~ - ~`' ,~ ,, ~ - ~ ~ ;, I ~ ~ i = a ~ I ~~ :; ~ ~ ;, F q. ~ i ~ ~ I _- _ r ~ ~'' e ~ ~} ~ ~ ~~ ; o 1' ' , . _ ~ - ~' _ 3 ~~. ~- ~ -_ ~I ~ ( u' a ~ Y - _~~ I ~- N `ti '~ I I - I 1 j I I ~ j ~ r4~ .~-~ L ! 1 1- L _ _ b` - Q i _.._. ; t ~ _ ~-- .~ -~. 1- ~~~ l y t .~ 7 _ - j `. ~~ ~~~ ~ /~ _: ~~ I-_ _ _... __ ~~ ~I Y ' _ i ` ~ ~ { '~~'1 i _ I v ~''_t - 1 ~ - I ~I ~.. ~ i ~-- i _ i Y ~ _ S , t ~ ~ ! 1 - rt ,J ~ r ~ 1 ~ I ~ '. ~ f/~ _. ~ _ fy. W '~ y.+ ~ ~ ~ ~ j, 1 I' r '' .~ ,~ - ~ ~ ~ ~ -I 1 - ` -I -- (~6 Q ~~~ ~ - - - I- ~ C , _ sl ~: ~ ~ ~ '' ~ ~ L t. ~ - I (U ~ ~ ~ ~ -- - , f - ~ U ~ jI I , ~ ~ ~~ - ~' ` >~ N ~ ` ~ - ~. _ ~ ~ , ~ r{. ~ .. , .,. , ~_~ ~_ ~ , ;, T_ y -~ ~ ~ :- - ---- _ ~ .. i I ~: G f ~ r., ~: ~'. -. C ~ f _. ~f O N __ _ - O) I ~ ~ ~ ~ ~ - ~ a ~ ~ N ~! a~ 1y ~ ~~o N ~ o ' ~_ ~~ . ., a i - i - ~ _ ~ 9. . -' i ~ - _ - ! ~ ~, ~ x ~ t" ~ . ~ ~ ~ _~ ~ -- - cn at O~ l~ i I -- ~ ~~ ~ ~ ! p T ~ . -. ~ ~ ~ _._~_ fQ ~' D d~1 .. 7 N N n _ _... 1 ' L C ~ ' I ', !~ -'~ `J __ 1 i ". _ _ - _ - -- : 1 ~\ '; '" t~ _ 11 " ~' ! ~ ~ !' _ ~1 1 -S _ , _ _{ f ~ ~ ~ 1 ~~ ~~ ~! y`^1 ~ s ~ _ ~ `~ ma - s ~ _ r ' __~ - j m ~ e + ~ ~ c _ E - o E - ~-~ ~ ~~ ny •V L i Y E , g eg ~ O -I~ E _ c ~ C ~ ° E ° l ~ _ •~ _ e? c ~ _ c° i ~ -- -- -- - ~ - _ - ~,--~ O -- ~ C :~ ~ U i ~ ~ ~ ~ ~ O _ -_ U L '1-' T~ ~ ~ OY C E o, ~ ~ m ~ '~ _ - ~ ~ ~ ~. ,\ ~( o ~ V i O p U ~ Y N U ~ O 7 'ueipuaW lo} amen 6uilanpap - aouauadxa ~eoo)- ddS'8s)oa7iyayuosuyop saoin.)ag uoi}aa}siuiwpy uoi}ona}suo~ pue u6isap .:- ~ .:: ~, 6uip~in8 uoi}a~}siuiwpy}ueld }uaw}ea~l~a}~nna}se/~ "~~.~~~ ~ -/+'!'s OOt'S :(un~n4S n+) earl pasodord .OG ,5 ,5'Z 0 ~ana~ punoa~ O s)o~~uoo s}eas E8 wnuo~)pne ~`- - -- ~as)~ X9901 C •~san i ~a~uao anga~dlla;u) as;uao an);a~d~a;u( ~aluao an);a~d~alu( ~ua(puaW doh amen 6uuanpap-aouaiiadxa ~eoo)- ddS 8 s(oa)iyo~y uosuyop -/+')'s 000'S ,(w~.o4S stl) eary pasndoid ,OL ,5 ,S'Z 0 Cana, puooag O saoinaag uoi}aa}siuiwpy uoi;ona;suo~ pue u6isaa 6uip~ine uoge~}siuiwpt/3ueld }uaw}ea~l~a}enna;seM ~: _=~~'ICII<~~ •ue~puaw ~o}amen 6upani~ap - aouai~adxa ~eoo~ - ddS ds;oa;iyayuosuyop sa~in}ag uoi}e~~siuiwpy uopon}asuo~ pue u6isaa - 6uip~ing uoge~~siuiwpyau~~d;uaw}~a}l~a~entia}seM "` ~I~a'IC~I ~ '/+ y's 008' l :(uh+WS stl) eay pasodo~d At ,5 ,5'z 0 ~ana~ pai41 O rtificafi®n ®f ®cutnr-t'~ tathenficify AIA® Document D401 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 Phis certification at 10:27:06 on 01/31/2013 under Order No. 4696376958_1 from AIA Contract Documents software and that in prepariig the attached fmal document I made no changes to the origiial text of AIA'' Document B 132TM - 2009, Standard Form of Agreement Between Owner and Architect, Consttltction Manager as Adviser Edition, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. t:~ a a ~ a ~ i (Signed) (Title) (Dated) AIA Document D401 TEA - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 10:27;06 on 01/31/2013 under Order No.4696376958_1 which expires on 01!24/2014, and is not for resale. User Notes: (1450144601) dditi®n and eleti®n p®~f f®r AIA®Document B132T"° - 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 10:27:06 on 01131!2013. PAGE1 AGREEMENT made as of the Sixth day of February in the year Two Thousand Thirteen City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Telephone Number: 208-898-5500 (Name, legal status, address and other irformatiorr) SPF Water En ineerin~ LLC 300 East Mallard Ihive Suite 350 Boise, ID 83706 Telephone Number: 208-383-4140 Wastewater Treatment Plant Adminish•ation Building 3401 North Ten Mile Road Meridian, ID 83642 A new administration building at the City's wastewater treatment plant. Proiect includes a ~12 000 square foot building at the wastewater treatment plant. The building will inchide up to three story structure with exterior observation platform, urterpretive center auditoriun>/trainingmom offices conference/meeting rooms reception break room, mechanical/electrical, and restrooms. Beniton Construction, Inc. 366 SW 5th Avenue Suite 104 Meridian, ID 83642 Telephone Number: 208-884-0027 PAGE 2 The Citv of Meridian has completed a Concephtal Evaluation of a New Laboratory and Admuiistration Building foi. the Meridian WWTP (bv CH2M Hill, dated April 23 20121. The City also distributed other basis of In annuig 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 sofhvare a110:27:06 on 01/31!2013 under Order No.4696376958_1 which e~ires on 01124/2014, and is not for resale. User Notes: (1450144601) materials with the City's Request for Qttalifrcations for consultant selection These documents establish the initial estimation of laboratorypace requirements and testiu areas. The existing admnlish•ation building is approxitnateiy 3 600 square feet and will be used as an operations control center. The new adminishation buildutg will be approximately 12 000 square feet and will include an interpretive center. The entire buildui~ will be located withal the boundary of the City's wastewater treatment plant The City will provide utfonnation on treatment plant yard piping and other underground utilities. An undated geotechnical evaluation for the location of the laboratory buildin~pansion will be prepared by Owner's Consultant $3 million PAGE 3 Final design complete: May 31, 2013. Approximately August 1 2013 (or Inter dependin on the progress of the RV dump relocation and the construction schedule being managed by the Consh•ttction Manag e September 30, 2014. Notice to proceed for design: Febniarv 6, 2013. [ X ] Multiple Prime Contractors Construction Manager will issue nnilti lp e bid packages. The Constnuction Manager is responsible for breakin ottt bid packages from a single set of Construction Documents. LEED silver certification is being~~ David Allison 33 East Broadway Avenue Meridian, ID 83642 Telephone Number: 208-898-5500 Email Address: dallisonnnteridiancity.orp Additions and Deletions Report for AIA Document 6132T~' - 2009 (formerly B141 TMCMa - 1992). Copyright ©1992 and 2009 by The American Institute of Archiiects. All rights reserved. This document was produced byAlA software at 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) N/A. PAGE 4 (See cover.) Constriction Manager is anticipated to be retained on February 6, 2013. N/A. Civil Survey 1400 East Watertower Street Meridian. ID 83642 Strata, Inc. Dan Gado 8653 West Hackantore Drive Boise. ID 83709 N/A. Owner will retain Consultant(s) for desi nand systems integration for Security and Su erp visory Conhol and Data Aquisition (SCADA) s stems. David Keil 300 East Mallard Drive Suite 350 Boise, ID 83706 Telephone Number: 208-383-4140 Mobile Number: 208-830-0842 Email Address: dkeil(a~spfwater.com PAGE 5 Lochsa Engineering Riley Mahaffey 201 North Maple Grove Road Boise, ID 83704 Telephone Number: 208-342-7168 Musgrove Engineering --- Additions and Deletions Report for AIA Document 8132T'" - 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 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601) Charles Paulin 234 South Whisperwood WaX Boise. ID 83709 Telephone Number: 208-384-0585 Musgrove Enguieering Kurt Lechtenberg 234 South Whisperwood Way Boise. ID 83709 Telephone Number: 208-384-0585 The Land Group, 462 East Shore Drive, Suite 100, Eagle, ID 83616. 208-939-4041. Johnson Architects PC 36 E Pine Ave Meridian ID 83642. 208-846-9033. Sprague Sohttious, 615 West Hays Street, Boise, ID 83702. 208-331-7737. SPF Water Eneineering, LLC (SPF) is the prune consultant for this Agreement with the City of Meridian.. For the purposes of this Agxeement only, the use of the term Architect shall refer to 5PF as the firni will bear all riQ rts and responsibilities to perform the services provided herein per the terms and conditions of this Agreement. A firm licensed to perform architechire is the Architect of Record for the proiect upon execution of Consultant Agreement with SPF. Owner agrees and acknowledges SPF can subcontract services set forth u~ 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 occu;7•ence 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 limit and aggregate for bodily injury and property damage. § 2.6.4 Workers' Compensation at stahitory limits and Employers Liability with a policy limit of not less than N/A ($ )• § 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 Not Provided 4.1.2 Multi le reliminary desi is Not Provided 4.1.3 Measured drawin s Not Provided 4.1.4 Existin facilities curves Owner 4.1.5 Site evaluation and lannni (B203TM-2007) Not Provided 4.1.6 Buildup information modelin Not Provided 4.1.7 Civil en ineerin Architect 4.1.8 Landsca e desi n Architect 4.1.9 Architechtral interior desi n (B252TM-2007 Architect 4.1.10 Value anal cis (B204TM-2007 Owner (CM) Additions and Deletions Report for AIA Document 8132Th9 - 2009 (formerly 8141 TMCMa -19921. Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ' ` This document was produced byAlA software at 10:27:06 on 01/31/2013 under Order No.469637695a_1 which expires on 01!24/2014, and is not for resale. User Notes: (1450144601) 4.1.11 Detailed cost estunatin Owner (CM) 4.1.12 On-site rojeet re resentation {B207TM-2008 Owner (CM) § 4.1.13 Conformed construction documents Not Provided § 4.1.14 As-designed record drawings Not Provided § 4.1.15 As-constructed record drawin s Not Provided § 4.1.16 Post occu anc evaluation Not Provided 4.1.17 Facilit stt ort services (B210TM-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 tannin (B206TM-2007) Owner 4.1.22 Commissionin (B211TM-2007) Not Provided 4.1.23 Extensive enviromnentall res onsibte desi n Not Provided 4.1.24 LEED certification (B214TM-2007) Architect 4.1.25 Historic reservation (B205TM-2007) Not Provided § 4.1.26 Futnihire, fiunishutgs, and equipment design (B253TM_2007) Architect PAGE 13 Civil engineering includes design of i;radutg, drainage, and paving. Landscape design includes irrigation and landscapingplantittg_ Coordination of Owner's consultants includes communication with geotechnical engineer and land surveyor under contract with Owner. PAGE 14 .1 One (1) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Thirty-two (3~ visits to the site by the Architect over the duration of the Project durutg constniction .3 Four (4 J inspections for any portion of the Work to determnie whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two (~ 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 Nuieteen (19 } months of the date of this Agreement, through no fault of the .Architect, extension of the Architect's services beyond that tune shall be compensated as Additional Services. PAGE 18 § 8.1.5 Architect shall not be required to si tg t any documents, no matter by whom remtested that would result in Architect's having to certify uaranty, or warrant the existence of conditions that Architect cannot ascertaui. [ X~ Litigation in a court of competent jurisdiction Additions and Deletions Report for AIA Document 6132TM' - 2009 (formerly 8141 T"'CMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. ` ` ' ' ' ° ' This document was produced byAlA software at 10:27:06 on 0113112013 under Order No.4696376958_1 which expires on 01/2412014, and is not for resale. User Notes: (1450144601) A.. „4 ., ,1 +:l,,,i ..:+1, A,~ r't ,1 4 ri t,'4 4' . > a ..1:,,.,1.1„ 1.,,,, :., ., ,«4 1,.,,,:., ,' :, :..,1: ,,+: ,, +i, F YY a. a a PAGE 20 Architect's fee for Basic Services is a lump sum amount of $352,157, including subconsultants and reimbursibles Architect's fee for these additional services is a lump sum amount of $55 829 nicludu1~ subconsultants and reimbursibles. Time and materials based on the labor rate schedule identified in Section 11.7 and associated reimbursible expenses identified in Section 11.8, including subconsultants fee with 10% marku and expenses with 10% marlcu~ § 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 %), or as otherwise stated below: Schematic Design Phase Twenty f ve percent ( 25 %) Design Development Phase Fifteen percent ( 15 %) Construction Documents Phase Thirtyfive percent ( 35 %) Bidding or Negotiation Phase Five percent ( 5 %) Additions and Deletions Report for AIA Document 6132TM' - 2008 (formerly 8141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. This document was produced byAlA software ai 10:27:06 on 01/31/2013 under Order No.4696376958_1 which expires on 0112412014, and is not for resale. User Notes: (1450144601) Conshuction Phase Twenty percent ( 20 %) PAGE 21 Exhibit A. § 11.8 ompensation for Project Related Expenses § 11.8.1 D~~•-~Project Related Expenses are included in aieti-te-compensation for Basic and Additional Services and ' ' are as follows: - .1 Tia=;JP~r+„+:,.., ..~a ...,+i,,...:.,,.a ,...+ ,.r+,.,,,., +..,..,,.~ ,..,a ..,.>,.,:..+,,.,,.,.; Teleconferences; .2 , °:+,,.. °~a ,.°~-,.~..+..;AIA contract documents software; and .3 r a rr „+t,,,,•:+:,... h,.,.:.,s~.. :..,7:,,+:,,., ., .. +t,,. D.. ~ +•T\y0 Slll le Seat licenses of e-Builder document manaeement software. .11 8ther3iixxil"ca-zivfeei-r'ciaTeo e~e~~;,sShould other n~roiect related expenses become necessary, these expenses will be authorized by Owner in writing and Architect's total compensation adtusted prior to incurring the expense. Arehiteet's ee~sttlta~ts~ltts~ereent~ oi. „v+1,,....,~„~..,,..:~,.,,..~,.a Lieensin fg ee equal to the fee for services performed prior to to termination for convenience. § 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 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. Zero. % 0% 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. This document was produced byAlA software ai 10:27:06 on 01/31/2013 under Order No.4696376958_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1450144601) For the purposes of this Aereement, the term Engineer and the term Architect maybe used interchangeably_ PAGE 22 None. None. Architectural Interior Desist 8252-2007). LEED certification 8214-2012). Funlihu•e, fitrnishings, and equipment design (B253-2007). See attached Exhibit B. This exhibit includes Rendering? #1, Rendering #2, Renderin #~ 3 3 ~a es of floor plan and 1 page prelinunary site elan from the proposal to the City of Meridian and de ieg is the general concept of the wastewater treatment adnunistration building. This scope of services includes schematic desi , design development, constnuction documents, bid period and construction admniistration services related to the general concept depicted in these exhibits. Additions and Deletions Report for AIA Document 6132TA9 - 2009 (formerly 8141 TMCMa -1992). Copyright ©1992 and 2009 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 10:27:06 on 01/31/2013 under Order No.4696376a58_1 which e~ires on 01/24/2014, and is not for resale. User Notes: (1450144601) PAGE 23 CITY OF MERIDIAN (OWNERI BY: TAMMY de WEERD. MAYOR SPF WATER ENGINEERING. LLC BY: CATHY COOP~R, Manager Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK t Purchasing Approval BY: KEITH WATTS. Purchasing Manager Dated: 4 BY: TERRY SCANL'fiN. Manager ~.{ r ~° ,~~ated: Department Approval Citv Project Manager ~~t ~.~ ,--- Additions and Deletions Report for AIA Document 8132'"" - 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 10:27:06 on 0113 1 /2 01 3 under Order No.4696376958_1 which expires on 01/24/2014, and is not for resale. User Notes: (1450144601)