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AGREEI{EI{T made as offie 20 day of January in the year 2016
0n words, indicde day, month ondyear.)
BETUYEEI{ the Architect's client identified as the Owner:
(Nqme, legal slalus, address ad otler informaion)
Bonneville Joint Sdrool Distria 93
3497 N. Ammon Road
ldaho Falls, ID 83401
and th€ Architect:
(Nane, legal status, d{bess otd ollct fornalion)
Alderson, Karst & Mitro Architecls, P.A.
379 A Street
Idaho Falls, ID 83402
for the following Project:
Nane, l%dion atd &tailed dcsciption)
Bonneville Joint Sdrool DisEicl 93
New tligh Schmt
Distsict hopcrty at I c Steet and Crowley Rcd
ldaho Falls, ID
ADI,lNOrtS AllD I'ELETIOI{S:
The author d thb document has
added ir qmdion necded fa its
complelion. The author may also
ha\rB revised the text cf the o.iginal
AtA standard fo.m. An A&itions and
Oeleab.,s R+orf thal not€B added
infomdion 6 w€fl 6 aevisiofts to
the stardad fdm texl b available
ftom lhe author and should be
revigwed. A vErtical line in lh€ let
margio of lhis document indicates
whqe the autho. has 8dded
necGsary information and wh€re
the aulho. hs sdded to o. dsl€t€d
Irom the olginalAlA l6xt.
Thls d@Jment ha8 impdtanl l€gal
con8qu€nc6. Consdlation $,ith an
attomey b €rEourag6d with r€spel
to its completion or modificalion.
The projecr provides for the design md constsuction ofa new 1E00 stud€nt core / 1500
student (initial teadring capacity) high school on a +/- 60 acle parcel. The facility will
house grades nine through twetve including spac€s for stud€nts with special needs. The
building program will include goeral clasvooms, science labs, computer lab6, sp€cial
nceds classrooms, family consumer sciorce classrmms, resource rooms, break out and
collaborative learning spaces, and professional technical classrmms; an arts, music and
auditorium complex; and a gmrnasium complex with related spaces such as lwker,
weight and \ restling rooms. Associated firnctions to be providcd include a media
center, social center / cafueria with kitdren, a shdent @mmons and administsdive
support spac€s.
The site will accommodate arhletic and physical education activiti€s. Competition fields
inctude baseball, softbetl, soccer, and fotball. Six tflnis courts will be govided. A
stadium facility will include an all-weather tsack, football fietd and bleacher seating
systems. Site buildings inctude storage / maintanance, ooncessions, restroorns, press
boxes and similar functions as detef,mired during the programming and schematic design
process.
The high sdrml campus will have a main access road bisecting the site and connecting l<
Street with Crowley Road. Ssvice drives and secondary roadrvays will be provided
including drop-offareas for students, and parking for visitoB, students, faculty and bus€s.
The Owner and Arclitect agree as follows.
AtA Docurnarn Et03- - 2007. Copyrigtn O 2OO7 by The Am€rica lnst'tut of Archit clt. lll tlghL ..t.rv.d, WARIiING: Ihis AIA' DGument is prot.clGd
by U S CopyrEht Law and tmern.tionat Trerrps. Un.dhonze<, EprcductirF o. dbtnbutton of thls A/A" Oocumeot- or any portion of d. may result in
sveE cNit .nd cminat Fnanbs, and *itt b. prEecutEd to the muimum enent possible under lhe ltu Tli3 d(Ernant wa produced by Al,A 3(fiwaF
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TABLE OF ARTICLS
l :NmAL:∥FORmATЮ
Design and cfistniction daument effors will be coflplete by August/SQtembcr 2016.
.2 Commencernentofconstruction:
June 2016 for site work and October 2016 for the balanc€ ofthe proj€ct.
.3 Substantisl Completiq date a mil€stone dates:
(Poragaphs deleted)July 201t for building and site components so that the school is acupiable and usable as a
t€aching facility for the 2018i/2019 academic calendar year
$ 1.,l.5 The Owner intends the following praurqnent or delivery method for the hoject:
(ldenlif! ngtl@d such as compelitive bid negolialed contrqct or corrstruction nanagemen!.)
Construction Manager / Gencral Conu-actor (CII,/GC) with a Guarantced Maximum hice (GMP)
$ 1.1.6 The Owner idatifies the following representatives in ac4ordanc€ with Section 5.3:
John Pymm, Drector ofPlart Facilities & Purchasing
Bonneville Joint School Disticl
3497 N. Ammon Road
Idaho Falls" ID 83401
Ph6ei (20t) 227-9667
Brad Mckinsey, Owners Representative
Mckinsey Managernent Savic€s
t()0 Tapitio Drive
Idaho Falls, Idaho E3401
Phone: (20t) 529-0923
$ 1.1.7 The Owner will retain the following consultants and contractors:
Mat€rials Testing and Inspection
1230 N. Skyline Drive, Suite C
Idaho Falls, ID 83402
Phote: (208') 529-8242
$ 1.1,8 The Arditect identifies the following repres€ntatives in acmrdance with Sectior 2.3:
Aig name, adbess and otlcr i{ormdion)
Kurt Karst, Presidenr
Ald€rson, Kar$ & Mito Architect, P.A.
379 A Street
Idaho Fatls, ID 83402
Phone: (20E) 522-4030
Ed Daniels, Principal and Architect-of-Record
Hummel Ardritect, PLLC.
27E5 N Bogus Basin Road
Boise, Idaho E3702
Phone: (208) 343-7523
$ 1.1.9 The Architecr will rstain the mnsultarts identified in S€ctions l.l.9.l and 1.1.9.2:
(List rune, a&ess and otlcr it{ormaion)
by U S Copynght Lar and ldtemation.l Treab6 UnauthoE€d lEp.oductioo or dEtribubon of this lr" Oocumenl, or any poairn of il. m.y r6uli in a
s€veE civil and criminal pen.hies, .nd ritt be plE6Etned to the marmum ened possibh und.r th€ l.B. This docrmsn ws producld by Al,A 3onware
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(Parryraphs deleted)
$ 1,1.9.1 Consultants retained tndq Basic Services:
(List name, legol status, addrcss otd otlcr inlorndion)
.l D€sign Architerl and Architect-of-Record:
Hummet Ardritects, PLLC.
27t5 N Bogus Basin Road
Boise, ID 83702
Phone: (208) 343-7523
.2 Food Service Design:
Hummel Ardritect, PLLC.
2785 N Bogus Basin Road
Boise, ID t3702
Phone: (20t) 343-7523
.3 Structural Engineer:
KPFF Corsulting Engineers
412 E. Parkcenta Blvd.
Boise, ID E3706
Phone: (208) 336-6985
.4 MechanicalEngineer:
MusgroYe Engineering
234 S. Whispawood WaY
Boise, ID t3709
Phone: (208) 38'L0765
,5 Elecrical Engineer:
Bradley Engineering
645 w. 25'h Sreet
Idaho Falls, ID 83402
Phone: (20E) 523-2E62
.6 Audiovisual and Thearrical Engineers:
Speclrum Engineers
324 South Stale Strect, Suit€ 400
salt Lake city, uT E4l I I
Phone: (tOl) 32t-5151
.7 Interior D€signer:
Hummel Architect, PLLC.
2785 N Bogus Basin Road
Boise, ID t3702
Phone: (20t) 343-7523
S 1.1.9.2 Consultants retained under Additional Services:
.1 Civil Engineer
AtA Docum.nt BIO:'D - z)07. Copyngn @ 2OO7 by Th6 Amefican in3titut6 of Archile.ts. Atl ,lghE rtaorYd. WARI{|NG: Ihis alA" Oocument is protectcd
by U S. CopyriJht trr and tnr.rru;iroar TlEanE. Un.ut'Eriued reprodEiroi q di+ibution of th6 Ala' ob.urtcnt o. any portion or rt mry r6ult in
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Freiberg Engineering
9z16 Oxbow hne
Idaho Falls, ID 83404
Phone: (20E) 52+8174
.2 lflrdscape Architecl
David Weaver & Assciates
1605 S. WmdruffAvenue
Idaho Falls, ID t3404
Phone: (20E) 52F9504
$ 1.2 The Ovmer and Architect may rely on the Initial Informarion. Both parties, however, recognize that such
information may materially change an4 in thal event, the Or,vner and the Architect shall appropriately adjust thc
schedule, the Architecl's services afld the Architecl's compensatim.
ARTIC]E2 ARCHTTECI'SRESPOI{SIBILMES
S 2.1 The Ardritect shall provide the professional s€rvic€s as s€t fonh in this Agreement.
$ 2.2 The Artitec-t shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar loca.lity under the same or similar cfucumstanc€s. The Architect shall
perfurm its services as expeditiously as is consistent with sudr professional skill and care and th€ orderly progress of
dle Project.
S 2.3 The Ardritect shall idertifu a representative aufrorizEd to act on behalfofthe Ardritect with respect to the
Project.
$ 2.{ Except with the Ownq's knowledge and consenl the Ardritect shall not qrgage in any activity, or acc€pt any
employment, intsest or contribution that would reasonably appear to compromise the Architect's professional
judgnent with respec{ to this hoject.
S 2.5 The tuditect shall maintain the following insurancc for the duratim of this Agreement If any of the
requircrnents set forth below exce€d the types and limits the Ardritect normally mainains, the Owner shall
reimburse the Archite€I for any additional cosr.
$ 2.5.1 Comprdrensive Gencal Liability with policy limits of not less than One Million Dollars
($1,000,000.00) for each actrrence and Two Million Dollan ($2,000,000.00 in the aggregate for bodily injury
and property damage.
$ 2.5.2 Automobile Liability covering owned aod rented vehicles opcrated by the Architect wittr policy limits ofnot
less than One Million Dollan ($1,000,000.00 ) combined single limit and aggregste for bodily hjury and property
damage.
$ 2.5.3 The Architecl may use umbrella u excess liability insuranc€ to achieve the required coverage for
Comprehorsive General Liability and Automobile Liability, provided that such umbrelh q excess insurance results
in dle same type ofcoverage as required for the individual pnlicies.
$ 2.5-4 Worken' Comp€nsation at s1atut6y limits and Employers Liability with a policy limit of not less than Five
Hundred Thousand Dollars ($500,000.00 ).
S 2.5.5 Professional Liability covering the Architect's negligent acts, errors and omissions in its performancc ofprofessional serviccs with poricy rimits of not less than o're Million Dolrars ($r,000,000.00t;:il; ;;l;;"aggregale.
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S 2.5.6 The fuditecl shall provide to the Own(r cenificates of insurdnce evidencing mmpliance with the
requirqlents in this Section 2.5. The c€rtificates will show the Owner as an additional insu€d on dle
Comprehensive Generat Liability, Automobile Liability, umbrella or excess policies.
ARTICI.E 3 SCOPE OF ARGH]TECTS BASIC SERVICES
$ 3.1 The Ardritecl's Basic Services consist of those descrihed in Article 3 and include usual and customary
stsuctural, medranical, elecrrical, audio visual and fieatrical engineering food servic6, and intericf, design services.
S€wic.€s not set forth in this Article 3 are Additicnal Services.
S 3.1.1 The fudritect $all manage the Architect's strvic€s, consult witr the Ou,na, research applicable desigr
caiteri4 attend Project mestings, communicate with memb€rs ofthe Project team and report prog.ess to the Own€r.
S 3.1.2 The fudritect shall cerdinate its s€rvices with those services provided by the Owner and the Owner's
consultalts. The Architect shall be entitled to rely on the accuracy and completeness of services and information
firmished by the Owner and the Own€r's consultants. The Arahitect shall provide prompt written notice to the
Owner ifthe Ardritect becomes aware ofany crror, omissiur or inconsistency in such s€rvices or informdion.
$ 3.1.3 As soon as practicable after the date ofthis Agreernent, the tudritect shall submit to the Owner a schedule of
the Architect's srvices for inclusion in the Project schedule. The schedule ofthe Architect's services shall include
design milestone dates, anticipded dates wh€n cost eslimates or dcsign rwiews may acur, and allourances for
periods oftime required ( I ) for the Ovrner's rwiew (2) for the performance ofthe OEl]er's consultants, and (3) for
approval ofsubmissions by authorities havingjurisdictioo over the Project.
$ 3.1.4 ortce dre Ownq ard the tuchit€ct agree to the time limits established by the Project schedule, the Oqner ard
the Architect shall not exc€ed them, except for reasonable cause.
$ 3.1.5 The Ardtitcct shall not be responsible for an Owner's directive or substitution made without the Ardritect's
approval.
$ 3,1.6 The Architecl shall, at appropride times, contact the governm€ntal authorities required to approve the
Coos{ructioNl Documents and the antities providing utitity servic€s to the koject. In designing the Proj€ct, he
Architecl shall respond to applicable design requirern€nts impos€d by such governmental authaities and by such
entities providing utility services.
$ 3.1.7 The Ardritecl $all assist dre Ownq in connection with the Owno's responsibility for filing documents
required for the approval ofgovemmantal authorities havingjurisdiction over the Project.
(Puagraph &leted)
s 3.2 SCHEflAIIC DEStGt{ PHASE SERVICES
$ 3.2.1 The Ardritect shall review the program and oth€r informaticn fumi$ed by the Owner, and shall review
laws, codes, and regulatims applicable to the Architect's servic€s.
$ 3.2.2 The Ardritecr shall evaluale ttre Ovmer's program, schedule, budg* for the Cost ofthe Worh Project site,
and the proposed procurem€nt or delivery method and other Initial lnformation, each in tffms ofthe oth€r, to
ascertain the r€quiremats ofthe ftoject. The Ardritect shall notifr the Owner of(l) any inconsistencies discovered
in fte information, and (2) other information or consulting services that may be reasonably needed for the hoject.
S 3.2.3 The Architecl shatl present its preliminary evaluation to the Owner and shatl discuss with the Ourner
aliernative aplroaches to design and construciion ofthe Project. The Architect shall reach an understanding with the
Ovmer regarding Oe r€quir€rn€nts ofthe Projed.
$ 3.2.tt Based ur the hoject requirements agreed upon with the Ownq, the Architecl shall prqrar.e and present for
the owner's approval a preliminary design illust?ting the scale and relationship ofth" n"i*t'"r.p.rJ"s.
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$ 3.2.5 Based on the owner's approval_ofthe.preliminary design, the Architect shall prepue schematic DesignDocuments for th€ owner's alDrovar. The schanatic Design Documents strafl consii ,fd;;g.;d Jh;"'documents including a site pran, ifappropriate, and preliminary buirding prans, sections ana ereuitions; anJ-ay
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include some combination ofstudy models, p€rspective sketches, or digital modeling. heliminary selections of
major building systems and construction mat€rials dlall be noted on the &awings a described in writing.
$ 3.2.5.1 The Architect shall consider environmantally responsible design altematives, such as materia.l choices and
building orientation, together with other considerdies basod on program and aesthetics, in developing a design tha
is consistent with the Owner's program, scltedule and budga for the Cost ofthe Work.
$ 3.2.5.2 The Architect shall consider the value ofalternative materials, building systems and equipment, togethet
with other considerations based cn program and aesthetics in developing a design for the hojcct that is consistent
with 0re Owner's schedule and budga for the Cost ofthe Work.
$ 3.2.6 After completion ofan initial cost estimate 6e Ardrited shall take action as required rltdq Section 6.4, and
request the Owner's approval of Schernatic Design Documents. Ifrevisions to the Schematic Design Documents are
required !o mmply with the Ovmer's budge for the Cost of the Work at the conclusicn ofthe Schernatic Design
Phas€, the Architect shall incorporate the required revisions in lhe Design Development phase.
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s 3.3 DESIGN DR ELOP ET{r PHASE SERVICES
$ 3.3,1 Based on the Owner's approval ofthe Schemalic D€sign Documents, ard cn the Owner's aurhoriation of
any adjustnents in the Project requiremants and the budget for tlte Cost ofthe Work pursuant to Section 5.3, the
Architect shall preparc Design Developmant Documents for the Owner's approval. The Design Dwelopmant
Documents shall illustate and describe the dwelopmant ofthe approved Schematic Design Documents and shall
cursist ofdrawings and other daumens including plang sections, elevations, typical construction details, and
diagrammatic layouts ofbuilding systerns 1o fix and describe the size and charactq ofthe Proj€ct as to ardritectural,
structural, medranical and ele€,l cal syslems, and such other elernents as may be appropriaie. The Design
Development Documelts dlall also include outline specifications that id€ntiry major mat€rials and systcms and
establish in gareral their quality levels.
$ 3.3.2 Prior to the conclusion ofthe Design Development Phase, the Architect shall submit the Design
Development Documents to the Owner and thc CIWGC. The Architect shall meet with the CIWGC to review the
Design Developmart Documents.
$ 3.3.3 Upon receipt of the CIWGC's estimate at th€ conclusion ofthe Design Development Phase, the Arciitect
shall take aclion as required under Sections 6.5 and 6.6 and request lhe Owner's approval ofthe Design
Dev€lopmsnt Documents.
5 3.lCOt{SiIRlrCTtOtit DOCi E|TS PMSE SERVICES
$ 3.4.1 Based on the Owner's approval ofthe Design Development Documents, and on the Owns's authorization of
any adjusfinents in the Project requirement and dte budget for the Cost ofthe Worh dre Architect shall pr€parc
Constuction Documents for the Owner's approval. The Cmstruction Documents shall illuseate and describe the
firrft€r deyelopment ofthe approved Design Development Documents and shall consist ofDrawings and
Specificatioos s€tting forth in detail the quality levels of materials and systems and other requirernents for the
construction of the Work. The Owner and Architect ackrowledge that in qder to constuct the Work the Cmtractor
witl provide additional information, including Shop Drawings, Produd Dara, Samples and other similar submittals,
wtich the Ardft€ct $all review in accordance with Section 3.6.4.
$ 3.4.2 The Ardritect shall incorporate into the Construction Documents the design requiremants of govemmental
authcrities having jurisdiction over the hoject.
$ 3.{3 During the development ofthe ConsEuctioo Documens, the Architect shall assist the Owner in the
development and preparation of (l) 6c form ofagreement between the owner and cont-dctor; and (2) the
Conditions ofthe Cqrtsact for Construction (Gcneral, Supplonentary and oth€f, Conditions). The Architect shall also
compile a frojed manual that includes the Conditions ofthe Contract for Corstsuction and Specifications and may
include bidding requirem€nts and sample forms.
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$ 3,4.4 Prior to the conclusion ofthe Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the CI\4/GC. The Architect shall meet with the CIWCC to rcview the ccnstsuction
D@uments.
$ 3.4.5Upor,receiptoftheClvt/GC'sestimateattheconclusionoftheConstsuctionDocumentsPhase,theArchitect
strall take action as required rmda Sectioo 6.7 and request the Owner's approval ofthe Constuclion Documents.
s 3.5 BrDDrr{G OR NEGOnAnON PHASE SERIflCES
s 3.5.r GENEML
Following the Owner's approval ofthe Constsuction Documents, the Archit€ct shall assist $e Owner and CI!4/GC in
(l) obtaining either comp€titive bids or negotialed propoEals; (2) confirming responsiveness ofbids or proposals; (3)
determining the succ€ssful bid or proposal, ifan),; an4 (4) awarding and prepuing conFacts for construction.
$ 3.5.2 C(XPEIIrVE BlDDlilG
$ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
$ 3.5.22 The Ardritect shall assist the Owner and Clv{/CC in bidding the Projecl by
.1 facilihring the reproduclion ofBidding Documents for dist'ibution to Eospective bidders,
.2 participaring in a pre-bid conference for prospective bidders, and
.3 preparing responses to questions from prospecrive bidders and providing clarifications and
interpretaiqrs of the Bidding Documents in the form of addenda.
S 3.5.2.3 The Ardrit€ct shall consider requests for substitutions, ifthe Bidding Documents p€rrnit subEtituticns, and
shall prepare and distibute addcnda identifing approved substitutims to all prospective bidders.
s 3.s.3 NECOIATED PROPOSALS
$ 3.5.3.1 Proposal Documens $rall mnsist ofproposal requirem€nts and proposed Contact Docunents.
S 3.5.32 The tudritecl shall assist the Own€r in obtaining proposals by
.l facilioting the reproduction ofProposal Documens for distsibution to prospec{ive contractors, and
requesting their retum upon completion ofthe negotiation process;
.2 participafing in selection interviews with prosp€€live contractors; and
.3 participating in negotiaticrs widl prosP€ctive cootractors.
$ 3.5.3.3 The Ardritect shall consider rcquess for subotitutions, if the Proposal Documents permit subsitutions, and
shall prepare and dist'ibute addanda identiSing approved substitutims to all prospective contractors.
s 3.6 COI{SrRUCrpr{ P}IASE SERVICES
s 3.6.r GEilERAL
S 3.6.1.'l The Arciitect shall provide administ-dtion ofthe Contract beh €en the Owner and ttte Conhaclor as set
forth below and in AIA Document A201rL2007, G€neral Conditions of the Cmt-act for Coostuction. If he Owner
and Contractor modify AIA Document A20l-2007, those modifications shall not aff€ct the Architecl's services
under this Agreement unless the O$ner and the Architect amend this Agreement.
$ 3.6.1.2 The Ardritect shalt advise and consult with the Owner during the Construction Phas€ Servic€s. The
Architect $all have authority to act on behalfofthe Owner only to the ext€nt provided in this Agleement. The
Ardritect $all not have clntrol over, charge o[ or responsibility for dre constsuclion means, methods, techniques,
sequences or pnocedures, or for saGty precautions and programs in connection with the Work, nor shall the
Architcct be rsponsible for the Contraclor's failure to paform the Work in accordanc.e with the requirem€nts ofthe
Coot'act DEumenls. The tudritect drall be responsible for the Ardritecl's n€ligent acts or omissions, but shall not
have control over or charge of, and shall not be responsible for, acts tr omissicas ofthe Cont-actor or ofany otha
persons c artities performing portions ofthe Work.
$ 3.0.1.3 Subjec-t to Section 4.3, the Arctritect's responsibility to provide Constsuction Phase Services commences
with the award ofthe Contsact for Consfuction and teminar€s on the date the Ardritect issues the final C€rtificate
for Payment.
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§3 6 2 EVALUA■0鵬 OF THE WORK
§36.2.l Thc Archi“shal:宙 sit the sie at intttals appro"atc tO tte ttge ofcon"rudon and pcr proJect nccds,
or as othe―se rcqurcd h Section 4 3 3,to bccomc gcnerally fam∥iar wldl the prOgrcss and quallty ofthc pOrtim
ofthc Work∞mplctcd,and to det―hs h gcncrd,ifthc Work obsNed i being pdonncd in a mallncr
hdicalngthatthe Wort when i∥y cclmplctcd,宙 ∥bc h accordancc wlth me Conmct DocumcnS However,the
Archltect shJi not be rcqulred to makc cxhattve or∞ndnuous on dte hspdions to check dlc quallty or quanlty
ofthe Work Q the basis ofthc site visits,dle Architec・ t shall keep dle Owner reasonably infomcd about dle
progrcss and qual●ofthe pa10n Ofthe Work∞mplctod,and rcport toぬ eO輌 er(:)knω n dttatims tom thcCmm“Documents and fom thc mostrccent∞nstutton scheddc,and(2)defeC and dendendes Observcd h
the Work
§3.622■e Archiect has thc auth∝ity to reJect WOrk that does not∞nfonn to the Contract Documents Whcnever
the Architt considcrs i nece_or ad宙 sablc,thc Architcct shall have the authonty to requlre hspection∝
箇hg ofhe Work h“
“
rdan∝with thc pr■isions ofthe Contract Documents,whether or not such Work is
籠mcatet hsta■ed∝colnpleted Howcver,nelther this authodty ofthe Arch“∝tnora d∝idon madcin good●■
s 3.6.4 SUBTTTALS
! 3.6.tLl The Ardritect shall review the Cont'actor's submittal schedule and shall not ur€asonably delay or
wittrhold approval. The Archite€t's action in reviewing submittals shall be taker in accordance with the approved
submittal schedule q, in the ah,sence ofan approved submittal schedule, with reasonable promptress while allowing
sufficient rime in the Architect's professional judgment to permit adequale review.
$ 3,6.42 In accordance with the Arciitecl-apEoved submittal schedule, the Arciitect shall review and approve or
take other appropriate action upon the Contmctor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose ofchecking for conformance with information given alld the design co[cept
expressed in the Contrart Documents. Review of such submittals is not for the purpose ofdetermining the accuracy
and mmpletaress ofother informaticr such as dimensions, quantities, and hstalldion or performance of€quipment
or systems, which are the Cont'actor's responsibility. The Architect's r€view shall not co[stitute approval of safety
precautions or, mless othqwise specifically stated by the Architect, ofany construction m€ans, methods,
techniques, sequences or procedures. The Ardritecl's approval ofa specific item shall not indicate approral ofan
assernbly ofwhidr the item is I component,
S 3,6.43 lfthe Contsact Documents specifically require the Contsactor to provide professional design services or
c€rtificatims by a design professional relaed to systems, materials or cquipment, the Architect shall specifr the
appropriate performance and design criteria that sudr services must satisry. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor lhat b€ar sudr professional's seal and signatwe wten submitted to the Archit€ct. The Architect shall b€
entitled to rely upon the adequacy, accuracy and completeness ofthe services, csrtifications and approvals
performed or povided by such design professionals.
S 3.6.4.4 Subjec,t to the provisions of Section 4.3, the fuchitect shall review and respond to requesls for information
abor.rt the Contract Documents, The Architect shdl s€t forft in the Cont?ct Docurnents the requfuements for requests
for irfomation. Reque$s for information shall include, at aminimum, a detailed written statement that indicates the
specific Drawings or Specifications in need ofclarification and the natue ofthe cladficalion requested. The
Architecl's response to such requests shall be made in vriting within any time limits agreed upon, or oth€rwise with
reasonable prompmess. Ifappropriate, the Architect shall Eepare and issue supplemantal Drawings and
Sp€cificarions in response to requests for information.
S 3.6.4.5 The Ardritec{ shall maintain a record of submittals and copies of submittals supplied bythe ConEactor in
accordance with the requirements ofthe Conu'act Documents.
s 3.6.5 CHA|{GES rN THE WORK
S 3.6.5.1 The tudritect may authaize, with Owner involvemen! minc changes in the Work thd are consistent with
dre intent ofthe Ccnt-act Documents and do not involve an adjustment in lhe Cont'act Srnr c an extension oftle
Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction
Chage Drcctives for the Ovrner's approval and execution in accordance with the Contrdcl Documents.
$ 3.6.5.2 The Ardritect shall maintain records relative to changes in the Work.
$ 3.6.6 PROJECT CO PLEITON
! 3,6.6.1 The Arditect $all conduct insp€clions to determioe the dde or dates of Subsrantial Complaion and the
date of final completion; issue Certificates ofSubstantial Completion; receive from the Cont'actor and forward to
the Owner, for the Owner's rwiew and records, wriuen waranties and related documents requled by the Contract
Documents and assembled by the Contrdctor; and issue a final Cenificate for Payment bas€d upon a final inspection
indicating the Work complies with the requiremcnts ofthe Contsacl Documents.
$ 3.6.6.2 The Ardritect's inspections shall be conducted with lhe Ownq to che€k conformanc€ ofthe Work with the
requircnents ofthe Contract Documents ard to verifr the accuracy and completeness ofthe list submitted by the
Contaclor of Work to be completed or corrected.
$ 3'6.6'3 When the Work is found to be substantially complete, the Architect shall inform the Oraner about the
balance ofthe Cmtract Sum remaining to be paid the ConEactor, including the amount to be reained from the
Contract Sum, ifany, for final completion a coEEction ofthe Work.
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Responding to the Contractor's requests for information that are not pr@red in accordance with the
Contract Documcnts or whae such information is available to the Contractor from a careful study
and comparison ofthe Ccntact Documents, field conditims, other Owner-provided information,
Cont'actor-preparcd coordination drawingg or prior Project correspoildenc€ or documentation;
Prcparing Change Ordqs, and Consfudion Change Directives that require evaluatiqr ofContractor's
proposals and supporting dat4 tr the prepardrion or revision oflnstuments ofService;
Ev-alualing an extensive number of Claims as the Initial Decision Maker;
Evalualing subEtitutims propos€d by the Oivn€f, or Contractor and making subsequent revisions to
hsEumqrls of Service resulting therefrom; or
To the extent the Architect's Basic Servic€s are affected, providing Cmstuction Phas€ Services 60
days after (l ) the dale ofSub6tantial Completion ofth€ Work or (2) the anticipated date ofSubstantial
Completion idartified in Initial Information, whichever is earlier.
§43.3■c Archittt shall pro宙 de Cmstruction Phase S岬 lα ¨cxceeding dle limits set fon below as Addidonal
Services When the∥mi`below are reached,thc Archicct shan notl,the Q″ner:
.1 Two ( 2 ) reviews ofeach Shop Drawing, Product Ddra item, sample and similar submittals ofthe
Contsactor
Thirty ( 30 ) visits to the site by $e Architect over the dEation ofthe Projeci during construction
Three ( 3 ) inspections for any portion ofthe Work to deiq'mine whether sudr portion ofthe Work is
substantially complete in accordanc4 with the requirements of the Contracl Documents
Two ( 2 ) inspections for any ponioo ofthe Work to determine final completion
$ 4.3,4Ifthe services covcred by this Agreement have not b€en completed within Thirty-Six ( 36 ) months ofthe
date of his Agreement, rhrough no fault of the Ardritecl, extension ofthe Ardritect's services beyond thal time shall
be compensared as Additional Services.
ARTICI,E 5 OW ER'S RESPO{SIBILMES
$ 5.1 Unless otherwise provided for under this Agcement, the O\xner shall provide information in a timely manna
regarding requirvnents for and limitations on the hojecl, including a written program prepared with the assistanc€
of$e Architect, whidr shall set forth the Ovme's objectives, schedule, consFaints and criteri4 including space
requirqnents and relationships, flexibility, expandability, special equipment, systems ard site requfuemats.
§5.2■c ttershJl estab∥sh and Fmodに 」ly updatc thc Owncr's budget rOr the Pn醸 ,hdudhg(1)血 e budget
for血 e Cost ofthe Work“deined ul Section 6 1,(2)the(加 ner's otherぃ も;and,(3)reasOnable∞ntingencles
related to all ofthese costs lfthc αmer Jgni■canlly hcreases or decrmses the αmer's budget for the Cost oFdle
Work,the Q″ner sh」i notl,thc Architcd The Qmer and the Architcct sh」l dlereater agr∝to a∞耐 pondng
ぬange h the budget for thc Co"oFthe Work or h thc ProJect'S SCOpe and qu」け
$ 5.3 The Owner shall identifu a representative authorized to act on the Owner's behalfwith rssp€ct to the hoject.
The Owner shall render decisions and appove the Architect's submittals in a timely manner in order to avoid
unreasmable delay in the orderly and sequcntial progress of$e Architect's s€rviccs.
$ 6.{ If, prior to thc conclusion of the Design Development Phase, thc CIlr/GC's estimate of the Cost of the Work
exceeds the Owner's budget for the Cost of the Wor( the Architect, in consultation with the Cosl Consulhn! shall
male appropriate recornmendations to the Ovmer !o adjust tho Proj€cl's size, quality or budtet, and fte Owner $all
cooperate with the Architect h making such adjusEn€nts.
All Documg t Bl03r - 2o0?. Copyrioln O mOT by.Tha American tnltilu!€ .d Archiby U.S. Copyriqbr lrw and tfttm3ttonat TGaties. Un.uttrcnzc<, Ep.oduction - Or=UU.rtii. .r'U," ,il il;;;. ;;;;;;";;;;';*vere ciYtl;nd cm'r'.|F.:toes,..d *rll be pror€.ur€d to the mamum ened poistbre unde. rh€ r.* Ths d@rn€fl w6 p.od,r*o o, Xii"ffilrJ laal 'lil 16:5/ qr 0203/2016 und6r Od€. No.1Z4065:)570_1 wtich c4ir€s on m/rZr:Or O, "m,",r"l ro.,*a.
$ 5,6 The Orvner shall @rdinate the services of its own consultants with those s€rvices provided by the Architecr.
Upon the Architect's request, the Owner shall fumish copies ofthe scopre ofservices in the contracts behryeen the
Oumer md the Opner's consulbnts. The Owner $all fumi$ the services of consultants other than those designacd
in this Agreernent, ff authorize the Ardritecl io fimish them as an Additional Service, u/h€n dre Ardritecl requesrs
such services and demonstsates that they are reasonably required by lhe scope of$e Project. The Owner shall
require that its consultants maintain professional liability insurance and other liability insuanc€ as appropride to the
scrvices provided.
$ 5,7 The Ovmer shall fumish tests, inspections and reports required by law or the ConEact Documents, such as
structural, mechanical, and chffrical t€sts, tests for air altd wat6 pollutim, and tests for hazardous mat€rials.
$ 5.8 The Owner shall fumish all tegal, insuranc€ and ac.ounting sc-rvices, including auditing services, that may be
reasonably necessary at any time for the hoject to me€t the Owner's nceds and int€rests.
$ 5,9 The Owner shall provide prompt wrift€n notic€ to the Arctitect if the Owner b€comes aware ofany hult or
dofed in the Project, including errors, omissioos or inconsistencies in the Architect's lnstruments of Service.
$ 5.10 Except as otherwise govided in this Agreement, or when direct commmications have been specially
authaizd the Owner shall endeavor to communicate with the Contsactor and the Architect's consultants through
the Archited about matters arising out of or relating to the Contract Docum€nls. The Owner shstt promptly notify
the Archited of ary direct mmmrmications that may affed the Architect's services.
$ 5.11 Before executing the CorFact for Construction, fte Owner shall coordinale the Architecl's duties and
responsibilities set forth in fte Cotract for Constuction with the Architecl's services set forth in this Agr€€ment.
The Owner shall provide the Ardritect a copy ofthe executed agreement between the Own€r and Cfitraclor,
including the General Conditions of6e Cont act for Cqtstruction.
$ 5.12 The Ovmer shall provide lhe Ardritect acc€ss to the Project site priq to commencernent ofthe Work and
shall obligafe the Ccntactq to provide the Arciitect acc€ss to the Work wherever it is in preFa!'atiql or Fogress.
(Parugroph &leled)
ARTICI,I 6 COST OF THE WORK
$ 6.1 For purposes ofthis Agreement, the Cost ofthe Work shall be the total cost to the Ownef, to consfuct all
elements ofthe Project designed or specified by the Archited and shall include contsaclors' general conditions costs,
overhead and profit. The Co6t ofthe Work does not include the compensation ofthe Ardlitecl, he costs oftle lan4
rights-of-way, financing contingqcies for changes in the Work or olher costs that are the responsibility ofthe
O$ner.
$ 6.2 The Owne's budget for the Cost of the Work is provided in Initial Informaim, and may be adjusted
throughout the Projeci as required under Sections 5.3 and 6.4. Evaluatims ofthe Ou,ner's budget for $e Cost ofthe
Work represent the Ardritect's judgnent as a design professional.
$ 0.3 The Owner shall require 0re CIWGC to include apropriate conting€ncies for design, bidding or negotiating
pric€ €scalstion, and ma*et conditions in estimates ofthc Cost ofthe Work. The fuchitect shall b€ entitled to rely
on the accuracy and completeness ofestimates ofthe Cost ofthe Work the CIWGC prepares as the Architect
progresses with its Basic Services. The Architect shall prepae, as an Additimal Service, revisions to the Drawings,
Spocificatioos or other documents required due to the CIWGC's inaccuracies or incompleteness in preparing cosi
estimates. The Architecl may revisw the CI\,t/GC's estimat€s solely for the Architect's guidance in completion ofits
services, however, the Architect shall report to the Owna ary marerial inaccuracies and inmnsist€nciesnoted
during any such review.
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(12a5260393)
$ 6.5 Ifttre estimate ofthe Cost of the Work at the conclusion ofthe Design Development Phase exc€eds th€
Owner's budget for the Cost ofthe Worl the Owner shall
.1 give written approval ofan increase in the budget for the C6t ofthe Work;
.2 in consultation with the Architecg revise the Project program, scope, or quality as required to reduce
dte Cost of the Work; or
.3 implement any other mutually acceptable alternative.
S 6.6 Ifthe Owner drooses to proceed rmd€r Section 6.5.2, the Aidritect, without additional compensaion, shall
incorporate the r€quired modificaticns in the Construction Documsnts Phase as necessary to comply with the
Owner's budget for the Cost ofthe Wuk at the conclusion ofthe Design Development Phase Services, or the budget
as adjust€d under Section 6.5.1. The Architect's modification ofthe Constsuction Documcnts shall b€ the limit of
the Architect's responsibility as a Basic Service rmder this Article 6.
$ 6.7 After incorporalion ofmodifications under Seclion 6.6, the Ardritect shall, as an Additional Service, make any
required revisions to lhe Drawings, Specifications or oth6 documents nec€ssitated by sub6equent cost estimates that
exceed dle Ovmer's budget for the Cost ofthe Worlq exc€pt when the exc€ss is due to changc initiafed by the
Architect in scope, basic systems, or the kinds and quality ofmarerials, finishes or equipment.
ARTICI,E 7 COPYRIGHTS AIID UCE{SES
$ 7.1 The Architect and the Owner warant that in Eansmitting Instsuments of Servic€, or any other information, the
Eansmifiing party is the capyright own€r ofsuch informdiqr or has permissior from the copyight owner to
t-ansmit sudr informatim for its use o the Proj€ct. lf the Omer and Architect int€nd to u-dnsmit Infuments of
Service or any other information or daum€ntation in digital form, they shall endeavor to establish necessary
protocols governing sudr raosrnissims.
S 7.2 The Arciitect and the Architect's consultants shall b€ deemed the authors and owners oftheir rssp€ctive
Instruments of Servic€, including the Drawings and Sp€cificatims, and shall retain all commotr law, statutqy ard
other reserved rights, includLrg coplrights. Submission a distribution oflnstrumats of Servic€ to meet ofEcial
regulatuy requiremats a for similar purposes in conne€lion with the Project is not to be construed as publicalion
in derogation ofthe reserv€d rights ofthe tuchitcct and the fuchitect's consultants.
$ 7.3 Upon execution ofthis Ag€€ment, the Archit€ct grants to the Owna a nonexclusive license to use the
Architecl's Insrumsrts ofService solely and exclusively for purposes ofconsfuctin& using maintaining altering
and adding to the Project, provided tha the Oq,ner substantially performs its obligations, including prompt psyment
ofall sums when due, under this Agreerncnt. The Architect shall obtain similar nonexclusive licenses fiom the
Architect's consultalts consistent wirh this Agreernent. The license grdnted under lhis s€ction permirs the Owner to
authorize the Cont'actor, Subcontsactcs, SuEsubcontractors, and mat€rial or equiFlent suppli€rs, as well as the
Owner's consuliants and separde contacloB, to reproduc€ applicable portions ofthe Inskun€nts of Service solely
and €xclusively for use in perfoming servic€s or consbuction for the Projecl. Ifttre Architect rightfully terminates
this Agreemant for cause as provided in Section 9.4, the lic€nse granted in this Section 7.3 $all terminate.
$ 7.3.1 tn the event the Ownrr uses the Instrum€nts of Servic€ without retaining the authors of the Instsuments of
Servic€, the Ownef releases the Architect and Architect's consultant(s) from all claims and causes ofaction arising
from such uses. The Owner, to the extcnt permitted by law, further agrees to indernnifr and hold harmless the
Architecl and its consultants fiom all costs and expenses, including the cost ofdefense, related to claims and causes
ofaction assened by any third person or entity to the exteflt such costs and expfis€s arise fiom the Owner's use of
the hstumqrts ofSenrice under tltis Section 7.3.1. The terms of this Section 7.3.I shall not apply if the Ou,ner
rightfully terminates this Agreement for cause rmder Section 9.4.
$ 7-4 Except for the licenses g'anted in this Article 7, no other lic€nse or right shall be deemed ganted or implied
under this Agreemant. The Owner drall not assign, delegate, sublicense, pledge or otherwise tznsfer any licrnse
gralted herein to another party without the prior written agreement ofthe fudlit€ct. Any unauthorized use ofthe
Instrumqts of Sffvice shall be d the Owner's sole risk and without liability to the Ardritect and the Architect,s
consultants.
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ARTELE 8 CI.AI SA D DISPI'TES
s 8.r GEI{ERAL
$ 8.1.1 The Owner and Architect shdl commence all claims and causes ofaction, whether in contact, tort, or
otherwise, against the o6er arising out ofor rclded to this Agesm€nt in accordance with the requirements ofthe
method ofbinding dispute resolution selected in this Agreernent wirhin the period specified by applicable law, but in
any case not mtre than l0 years after the date of Substantial Complaion ofthe Work. The Owner and Ardritect
waive all claims and caus€s ofactiql not commac€d in accordancr with this Sectiqr 8.1.1.
S 8.1.2 To the extent damages are covered by prop€rty insurance, the Owner and Architect waive all rights against
each other and again$ th€ contractors, consultants, agents and employees ofthe other for damages, except such
rights as they may have to the proceeds of such insurance as s€t forth in AIA Document A20l-2007, General
Conditions ofthe Contsact for Constsuction. The Ov/nq or the Architecl, as appropriate, shall require of lhe
contractors, consultants, agents 8nd €rnployees of any of thern similar waivers in favor ofthe other panies
enumerated herein.
S 8.1.3 The fudritecl shall indemnifi] and hold the Owner and the Ovmer's officers and employees harmless frorn
alld against damag€s, losses and judgmens arising frun claims by third parties, including reasonable attomeys' fees
and expanses recoverable under applicable law, but mly to the ext€nt they are caused by the negligent acts or
omissions ofthe Arc,hitect, its employ€es and its consuttants in the peformance ofprofessional services r.mder this
Age€m€nl The Architect's duty to indemniry the Owner under this provision shalt be limited to the available
proceeds of insurance coverage.
$ 8.1.4 The Architect and Owner uaive cons€quential damages fol claims, disputes cr othef mdt€f,s in question
arising out ofor relating to this Agreem€nt. This mutual waiver is applicable, without limitalion, to all consequentia.l
damages due to either party's tennination ofthis Agreement, exc€pt as specifically provided in Section 9.7.
s 8.2rEtxAnoil
$ 8.2.1 Any claim, dispute or other matter in question arising out ofor related to this Age€ment shall be subject to
mediation as a conditim procedent to binding dispute resolution. Ifsuch matter relates to a is the subject ofa liqr
arising out of the Ardritect's services, the Architect may proc€ed in accordance with applicable law to comply with
the lien notice or filing d€adlines prior to resolution ofthe matto by mediation or by binding dispute resolution.
$ 8.2.2 The Owner and Ardritect shall endeavor to resolve claims, disputes and other mafrers in question bdween
them by mediation which, unless dre parties mutually ag€€ otherwise, shall be adninistered by the American
Arbiu'ation Associstion in acmrdance with its Construclion Industry Mediation Proc€dur€s in effect on the date of
lhe Ageemsnt. A request for mediation shall be made in writing d€livered to t}le olher ptrty to ole Agreenent, and
fled wirh the person or €ntity administcdng the mediation.
$ 8.2.3 The parties shall drare the mediator's fee and any filing fees equally. The mediation drall be held in 0re place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediaton $all
be non-binding.
$ E.2.4lfthe parties do not resolve a dispute through mediation pursuant to this Section 8.2, the me0rod ofbinding
dispute resoluticr shall be the following:
(Check tlc qpropriae bu. If the Owner and Archilecl do nol select a method of binding disryte resolulion below,
or do not stbseEe*b/ agree in writing to a birding dispie resolulion nethod otlcr lhan litigatio\ lhe diwte will
be resolved in a courl of competenl jutkdiclion.)
t ! I Litigation in a court ofcompetentjurisdiction
(Paragaphs deleted)
AR‐LE 9 TERm:M■ON OR SuSPEN80N
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scven days'wntten notlce to the Qner beforc suspendmg servlces ln alc evcnt ofa suspcndon ofscMccs,the
Architcct shall havc no liability to the Owner for delay or dalnagc caused thc mncr bccause oFsuch suspensiOn Of
servlces Bcforc rぃ lllnhg s_ices,the Arch“∝t shan bc paid alisums due pnorto suspendon and any expenses
hcured h伍 e herrupim and resum“on ofhe Arcntect's"MoeS The Arcbitcct's fccs forぬ e re nalnhgseMぃand dle■■e schedules shali be equitably adJusted
§9.2 1fthe mmer suspends the ProJed,the Archltect shJl be compensated For s―ぃperfomed p●or to notice of
such suspension When the ProJectヽ resulned,the Aratect shall be elllpensated for cxpalses hcured h ule
lnt―ptim and rcsulnpton ofthc Archlta's services ne Arぬ itect's fees for the relndning"Ⅳices and the」me
schedules shal be eq面 tably adJusted
§9.3 1fthe(ヽ ■er suspends the Project for more than 90 culnulatlve days for reasons other than the Lu■ofthe
Archltd,the Archmcd may tcrrnhate dlis Agreemmt by」宙ng nOt less than scven days'witen notlce
S 9.4 Eith€r party may terminate this Agreem€nt upql not less than seven days' written notice should the oth€r party
fail substantially to perform in accordance widr the terms ofthis Agreement through no fiult ofthe party initiating
the t€rmination.
$ 9.5 The Owner may terminate this Agreernent upon not less than seven dals' writt€n notice to the Architect for the
Owner's mnvenience and without cause.
! 9.6 In Ihe event ofterminatim not the fault ofthe Ardlitecl, the Architect shall be oompensated for services
perform€d prior to t€f,minatim, together with Reimbursable Expenses then due and all Tqmination Expanses as
defined in Se€lion 9.7.
$ 9.7 Termination Expens€s are in addition to compensation for the Architect's $rvices and include expenses
directly attsibutable io terminatiotr for whidt the Architeci is not oth€f,wise cornpensated, plus an amount for the
Architecl's anticipated gofit on the value ofthe services not performed by the Architect.
$ 9.8 The Owner's rights to use fie Architect's Insruments of Service in the event ofa t€rminatim ofthis
Agreemeflt are set forth in Anicle 7 and Section I 1.9.
ART|CIE 10 XTSCELIATEOI S PROVIS|O]{S
S l0.l This Ag€€m€nt shall b€ governed by dre law of the plae where the Project is located.
$ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A20l-2007, General
Conditions ofthe Contract for Construction.
$ '10.3 The Owner and Architec1, resp€clively, bind themselves, their agents, successors, assigns and legal
represcntatives to this Agreement. Neither the Owner nor the fuchitect shall assign this Agreement without the
rxrin€n corsent ofthe other, except that the Owner may assign this Agreement to a lenda providing financing for
dte Project if fte lendfi agr€es to assume the Ovmer's rights and obligations unda this Agreemont.
$ 10.4 Ifthe Owner requests the Architect to execute certificat€s, dre proposed langruge of such certificates shall be
submitted to the fudritect for review at l€ast 14 days prior to the requested dates oiexecution. Ifthe Owner requests
the Architect to €xecute cons€nts reasolably requir€d to ficilitate assignm€nt to a lender, the fuchitecl shall execute
all sudl cons€-nts that are consistent with this Agreernart, provided the proposed consent is submifl.€d to the
Architect for review at least l4 days priq to execution. The Architect $all not be required to execute c€rtific€tes or
consents that would require knowledge, services or responsibilities beyond the scope ofthis Agreemant.
S^l0.sNothing contained in this Agreement shall creale a contsactual relatiorship with or a cause ofaction in favorofa third party agains eith6 ft€ Owner or Architect.
$ 10.6 Unless othe'wise required in this Agreemaq the Architect shall have no responsibility for the discovety,presence, handling, removal or disposal of, or exposure ofpersons to, hazardous materiAa oito*i" ruUutun"..'in *yform d the Project sire.
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S 10.7 The Architect shall hav€ fie right to include photogrdphic or artistic representations ofthe design ofthe
Projcct among the Architect's promotional and professional materials. The Architect shall be given reasonable
acc€ss to the complet€d Prcj€el to make sudl repf,esentations. tlowever, lh€ Ardrirect's mat€rials dlall oot include
the Owner's confidential or proprietary information ifthe Owner has prwiously advis€d the fudlitecl in writing of
the specific information considaed by the Ownq to b€ confidential a proprietary. The Owno Sall provide
professional oedit for the Ardtit€€l in the Oviler's Promotional materials for the Project.
S 10.8 If the Architect or Owner receives informalion sp€cifically desigoated by the other party as "confidential" or
"business propri€tary," the receiving pafy shall keep such informatio stictly confidcntial and shall not disclos€ it
to any other persql exc€pt to (l) its €rnploye€s, (2) thos€ who need to know the contqrt ofsuch information in order
to perform services or constmction solely and exclusively for the Projecl, or (3) its consultants alrd collEactors
who6e contracrs include similar restictions on the us€ ofconfidential information.
ARTICLE I1 CO PENSATIOTI
$ '11.1 For rhe Ardrit€ct's Basic SErvices described under Article 3, the Ov,nq shall cornpensale the Architecl as
follows:
A fixed fee of Three Million One Hun&ed Twenty Five Thousand and 00/100 ($3,125,000-00) plus reimbursable
exp€nses per I1.7.1.
Basic services will include inoerior filishes and material selection *rvices, and telecommunications and data design
excludhg Owner provided equipmatt.
S 11.2 For Additional Services designated in Section 4.1, the Owner shall compensale the Architect as follows:
Programming Services article per 4.2 and 4.2.1: $30,000.00.
Civil Engineering Services per article 4.2 and 4.2.2: $135,000.00.
Landscape Architecture Services per anicle 4 .2 and 4.2.3: $30,000.00.
Entitlsnent Services per article 4.2 and 4.2.6: $25,000.00.
Traffic Study per article 4.2 ar,d 4.2.7i $14,260.00
$ 1'1.3 For Additional S€rvic€s that may arise during the course ofthe hoject, including those mder Section 4.3, the
Owner shall cornpensate the Architect as follows:
Qrwerl omotlrt d or bo.$isfor, compensdion)
Hourly rctes listed in Article I1.7
$ 11/ Compensaion for Additional Servicss ofthe Architect's consultants whEn not included in Sections I 1.2 or
I 1.3, shall be the amount invoiced to the Archited plus l.l percent ( 1.1 yo), or as othefwise stated below:
$ ll.5 Where compensation for Basic Services is based on a slipulated sum or percsttage ofthe Co6t of the Worl!
the compensaion for each phase of services shall be as follows:
Schemaric Design Phase
Design Dcvelopment
Phase
Construction Documents
Phase
Bidding or Negotiatiur
Phase
Conslruciion Phas€
$562,500.0 percint
$625,000.00 percent
$1,250,000.00 percent
$62,5m.m p€rc€nt
$625,000.00 p€rcert
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The Owner aclmowledges that with an acceleraled Projeci delivery or multiple bid package proc€ss, the Architec{
may be providing is sewic€s in multiple Phases simultaneously. Thoefore, the Arciite€1 shall be permiued to
invoice monthly in proponion to servic€s performed in each Phase of Services, as appropriate.
$ 11.6 The hourly billing raes for services ofthe Ardritect and the Archite€t's consultants, ifany, are set forth
below. The rates shall be adjusted in ac.cordancc with the Archhect's and fudlitect's consultants' nomal review
practic€s.
(II qpplicoble, auach an exhibit ofhourly billing rates or inxrt them below.)
Employee or Cabgory
Principal
Associate Principal
Project Manager
InteriG D€signer
Intern/CADD
Clerical Support
Rale
S16000
S14000
S12000
S9500
S8500
S5500
$ r1.7
(Psqruphs deleted)
CO PENSAIIOT{ FOR RE BURSAELE EXPENSES
S 11.7.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Serviccs and include
expenses incrnred by the Architecl and the Architect's consultants directly rclated to the Project, a.s follows:
.l Transportaticn and authorized out-of-town fav€l and subdistenc€;
.2 lrng distance s€rvic6, dedicated dala and commmicatioo servic€s, teleconferences, Project Web
sit€s, and extsanets;
Fees paid for securing approval of authoities having jru'isdiction over the Project;
Printing, reproductions, plots, siandard form documants;
Postage, handling and delivery;
Expense ofovertime r,vork requiring high6 than regular rates, ifauthorized in advanc€ by the O$rer;
Renderings, models, mock-ups, professional photography, and pres€ntation materials requested by
the Oldner;
Ardlitect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense ofadditional insurance coverage c limits ifthe Owner requests such
insurance in excess of 0rat normatly carried by the Architecl's consultats;
All taxes levied on professional services and on reimbursable €xpenses;
Site office expenses;
Expqrses related to preparatioo ofcoflstuctiqr €stimate not othqwise Fovided by the CtvYGC;
Other similar hoject-related exp€nditur€s.
§11 7 2 For Reimblrsable Expenses the∞mpensatlon shall be the expenses hcurrcd by the Architect and the
Archltect's―sulttts plus l l Pccent(11%)。fthC cxpenses incmed
A&E Reimbursablc Budget:S85,000 11tl
§11.8 PAYHEN「S TO THE ARCH「■CT
s l18.1
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$ 11.8.3 The Ovmer shall not withhold amounts from the Architeat's compensatioo to impose a pqralty or liquidat€d
damages on the Architect, or to offsst sums requested by or paid to contraclors for the cost ofchanges in the Work
unless th€ Architect agrees or has been formd liable for the amounts in a binding dispute resolution proc€eding.
$ 11.8.4 Records ofReimbursable E4enses, exp€nses pefiaining !o Additieal S€rvices, and sewices performed on
the basis ofhourly rates shall be available to dle Owner at mutually cooveniat times.
ARTICTE 12 SPECIAL IER S AI{D CO{DMO S
$ 12.1 Special toms and oonditions that modiry this Agre€ment are as follows:
.1 In fte eve,nt the Architect is required to retain the s€rvices ofan Attomey to collecl any sums due
under the Agreemenq the Ardritect shall be entitled to reasonable Attomey's fee for said Attorney's
services in addition to otler sums due under this Agreemort.
.2 The Americans with Disabilities Act (ADA) provides that it is a violation ofthe ADA to design and
construct a facility for first occupancy ld€r than January 26, 1993, that does not meet the acccssibility
and usability requiremens of the ADA except where an 6tity can demonsEate fta1 it is struchrally
impraclical to meet such requirements. Ownef, acknowledges that the requirements oftie ADA will
be subject to various and possibly contradictory interyretations- The Architect, drerefore, will use its
best professional efforts to interpret applicable ADA requiranents and othef, federal, state, and local,
laus, rules, codes, ordinances, regulations as fiey apply to the Project. The Ardritect, however,
cannot and does not warranty or guarantee drat the Ovmer's project will comply with all
in&rpretaticns ofthe ADA requirern€nts and/cr otc requirement ofother federal, state, local laws,
rules, codes, ordinances, and regulations as they apply to the project,
,3 The Owner shall be responsible for the co6t of survey work as described in Article 5,4
.,1 The owner shall be responsible for the cost ofTAB (testing and balancing) and Cx
(Commissiming) of the building as listed in 4.1.22.
.5 The Ovmer shall be responsible for the cost ofall the entitlernents.
ARIrcIE 13 SCOPE OF TTIE AGREEIENT
$ 13.1 This Agreement represcnts the entire and integrated ageernent betrveu the Ownef, and the Architeci and
supersedes all prior negotiations, representations or agreements, either wrifien or oral. This Agreement may be
am€nded mly by Britten instrument signed by both Ovmer and fuchitect.
$ 13.2 this Agreement is comprised ofthe following documents listed below:
.l AIA Document B 103rL2007, Standard Form Agreemqlt Between Owner and Architect
@aragraphs deleted)
This Agl€ement ente[ed into ofthe day and year first written above.
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