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HomeMy WebLinkAboutQuartermaster RenovationJeffersonville City Hall Interior and Exterior Renovations to the U.S. Quartermaster Center Building Jeffersonvi[le, Indiana AIA Document B141-1997 19 October 2004 ARCHITECTURE ENGINEERING INTERIORS 'I A. Document B141'-1997 Part1 Form of Agreement Between Owner and Architect Form of Architect's Services F ARTICLES ; OF THE PARTIES 3NS )THER SPECIAL TERMS AND CONDITIONS ~ear) day of October the Owner: in the year Two t Building a404 ADDITIONS AND DELETIONS: The author of this dccument 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 AtA text. This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. Project: project consists of the exterior and interior existing "Center Building" at the U.S. Quartermaster Indiana. The renovation will be accommodate ~r the schematic design prepared previously and part Perimeter Building. ~ approximately 32,000 ~oss square feet and does not include the near the Center Building nor does it include any areas of the ~roject will include interior renovations per Exhibit A and and restorations per the same. Anticipated consU:uction cost will be The Owner and Architect agree as follows: rnent B141T~ _ 1997 Part I Copyright © 1917 1926, 948, 1951, 1953 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The AIADocu .. ® ntis rotectedb US CopyrlghtLawaedlnthrnuttonalTreatles. n Institute of Architects. All r guts reserved. WARN NG: ThiS A A Docume p Y · prosecuted to the maximum extent pOSSible under the law. This documenl WAS produced by AIA software at 10:04:31 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) User Notes: ARTICLE 1.1 INITIAL INFORMATION s Agrecment is based on thc following information and assumptions. for the following items by inserting the requested information or a statement such as "not ~,, "unknown at time of execation' or to be determined later by mutual agreement. ) [ in Exhibit A. PARAMETERS ~ use is: goals.) house the offices of The City of Jeffersonville, Indiana. size, location, dimensions, or other pertinent information, such as geotechnical · ., Indiana. a is: involves approximately 32,000 GSF. The Depot is located in which the program will be developed,) including, if appropriate, rand surveys and legal descriptions and restrictions are as follows. t for the Project, including the Architect's compensation, is: :, excluding the Architect's compensation, is: work is anticipated to be approximately $2,200,000 fast track scheduling.) method for the Project is: . or construction management.) City of Jeffersonville will negotiate the construction of this project with Sun Properties of the City as th~ ~rivate developer of this project. or needs of the Project such as energy, environmental or historic preservation None AJAOocumentB141TM 1997Part1 Copyflght ©1917 926 1948 1951,1953 1958,1961 1963,1966,1967,1970, 1974,1977,1987and1997byIhe · · -' ' sreserved WA~NN~ ThI~AAe Documeutlspr~ectedbyU.S. CopyrgMLawaedlntemaltona TreutleS. Uhauthorlzed reproduct on or distribution of this AIA Document, or any port on of It may result in sere pen prosecuted to the maximum extent p~slble under the law. This document w~s produced by AIA software at 10:04:31 on 10/19/2004 under Order NO.1000090620_2 which expires on 1/6/2005, and is not for resale. 1098961467) User Notes: 2 § 14.$ PR0dECT TF.~M The Owner's Designated Representative is: address and other information.) ' Building Room 404 Indiana 47130 in addition to the Owner's Designated Representative, who are required to review Owner are: them by name and address.) ' as Developer/General Contractor for this project them by name and address.) 217 Ward Circle § ~.1.4 Other important initial information is: None ntB141TM 1997Partl Co ight ©1917 926 1948 951 1953 1958 196 ,1963, 966 1967,1970 1974,1977,1987and1997byThe AIA Docume - . pyr ' ' ' ®' ' ' Co Iht Law and Intematlonal Treaties. ' itute of Amhitecis. All rights reserved. WARN NG This AIA Document is protected by U S pyr g w unauthorized reproduction m' distr but on of this AIA Document, or a y p it, y prosecuted to the maximum extent possible under the law. This document Wes produced by AIA software al 10:04:31 on 10/19/2004 under Order NO.1000090620_2 which expires on 1/6/2005, and is not for resale. ~098961467) 3 § 1.'1.5 When the services under this Agreement include contract administration services, the General Conditions of for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, nformation contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in parties, however, recognize that such information may change and, ae Architect shall negotiate appropriate adjustments in schedule, compensation and with Section 1.3.3. F THE PARTIES :t shall cooperate with one another to fulfill their respective obligations under this endeavor to maintain good working relationships among all members of the Project under this Agreement, the Owner shall provide full information in a timely for and limitations on the Project. The Owner shall furnish to the Architect, in a ect's development, information necessary and relevant for the Architect to : lien rights. . update the budget for the Project, including that portion allocated for the Cost , increase or decrease the overall budget, the portion of the budget contingencies included in the overall budget or a po~on of the budget, a corresponding change in the Project scope and quality. ; identified in Section 1.1.3 shall be authorized to act on the , the Project. The Owner or the Owner's Designated Representative shall render to documents submitted by the Architect in order to avoid unreasonable f the Architect's services. ~f consultants other than those designated in Section 1.1.3 or authorize in Services when such services are requested by the Architect and are Project. the Owner shall furnish tests, inspections and reports required ,t limited to structural, mechanical, and chemical tests, tests for air . materials. all legal, insurance and accounting services, including auditing services, that may for the Project to meet the Owner's needs and interests. ~rompt written notice to the Architect if the Owner becomes aware of any fault or ~ any errors, omissions or inconsistencies in the Architect's Instruments of Service. Owner-Furnished shall be coordinated by the Owner or the vendor. 'lEG accepts to liability or responsibility for the function, size or appropriateness of this equipment or its' accessories. }, the Architect, Architect's employees and Architect's consultants shall be as 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The ArChitect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include wa I CO Iht ©1917,192S, 1948,1951,1953,1958,1961,1963,1966,1967, 970, 1974 1977, 1987andlgOTbyThe A A DOcument B141 - 1997 Part . pyr g ® b U.S. Co r ght Law and International Treaties. · All ri hfs reserved. WARNING: ThiS AIA DOcument s protected y py and will be prosecuted to the maximum extent p~slble under the law. This document w~s produced by AIA software at 10:04:31 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) 4 allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for ~ abmissions by authorities having jurisdiction over the Project. Time limits established by this / the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. a:chitoct's Designated Representative identified in Section 1.1.3 shall be authorized to act on the ehalf with respect to the Project. ~ Architect shall maintain the confidentiality of information specifically designated as confidential by the such information would violate the law, create the risk of sigulficant harm to the public claim or defense in an adjudicatory proceeding. The Architect shall ~greements to maintain the confidentiality of information specifically the Owner. e and consent, the Architect shall not engage in any activity, or accept it would reasonably appear to compromise the Architect's professional codes, and regulations applicable to the Architect's services. The Architect ect to requirements imposed by governmental authorities having jurisdiction ? on the accuracy and completeness of services and information provide prompt written notice to the Owner if the Architect becomes · inconsistencies in such services or information. : for the Contractor's or Subcoturactor's failure to perform the Work the Architect will report to the Owner any sachdeviations that come to y any responsibility related to the rewew of the General Contracto s ub-centrectors or material suppliers. The Architect will review lien waivers at ~hall be the total cost or, to the extent the Project is not completed, the estimated cost , the Architect. the cost at current market rates of labor and materials furnished by the selected or specially provided for by the Architect, including the costs of t or installation provided by a separate construction manager or their overhead and profit. In addition, a reasonable allowance for :t conditions at the time of bidding and for changes in the Work. Work does not include the compansataon of the Architect and the Architect s consaltan , z and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE ~, specifications and other documents, including those in electronic form, prepared by the Architect are Instruments of Service for use solely with respect to this Project. The Architect nsultants shall be deemed the authors and owners of their respective Ins~'uments of Service i common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexchisive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexchisive licenses from the Architect's consultants consistent ~ 1 97Part1 CO Iht ©1917 1926 1948 1951 1953 1958 1961,1963,1966,1967,1970, 1974,1977,1987and1997byIhe AADOcurnentB141 - 9 . pyrg ' ' ' ®' ' ' US Co I htLawand ntematlonalTmatles. - · All ri hts reserved WARNING: ThiS AIA Document iS protected by . pyr g will be prosecuted to the maximum extent possible under the law. Th~s document w~s produced by AIA software at 10:04:31 on 10/19/2004 under Orde NO.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) User Notes: with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this uch termination, the Owner shall refrain from making further reproductions of Insguments of Service ) the Architect within seven days of termination all originals and reproductions in the Owner's ~ or control. If and upon the date the Architect is adjudged in defaalt of this Agreement, the foregoing deemed terminated and replaced by a second, nonexcinsive license permitting the Owner to : other similarly credentialed design professionals to reproduce and, where permitted by law, to make corrections or additions to the Instruments of Service solely for purposes of completing, using and the Project. ~ Section 1.3.2.2, no other license or right shall be deemed granted or · The Owner shall not assign, delegate, sublieense, pledge or otherwise transfer any arty without the prior written agreement of the Architect. However, the Owner the Contractor, Subcontractors, Sub-subcontractors and material or equipment of the Instruments of Service appropriate to and for use in their execution in Section 1.3.2.2. Submission or disWibution of Instruments of Service to meet or for similur purposes in connection with the Project is not to be construed as reserved rights of the Architect and the Architect's consultants. The Owner shall not tdditions or alterations to this Project or for other projects, unless the t agreement of the Architect and the Architect's consultants. Any unauthorized use of ,e at the Owner's sole risk and without liability to the Architect and the Architect's to the Owner any Instruments of Service in electronic form or the Owner nic data for incorporation into the Instruments of Service, the Owner and the forth the specific conditions governing the format of such : any special limitations or licenses not otherwise provided in this i of the Architect, including services required of the Architect's consultants, may be without invalidating the Agreement, if mutually agreed in writing, . or if the Architect's services are affected as described in :, the Architect shall notify the Owner prior to that all or a part of such Change in Services is not required, the Owner and the Architect shall have no obligation to provide those idac to the fault of the Architect, Change in Services of the Architect shall entitle the to Section 1.5.2, and to any Reimbursable Expenses described .4 affect the Architect's services for the Project, the Architect shall be in the Architect's schedule and compensation: ~pprovals given by the Owner that necessitate revisions in Instruments r revision of codes, laws or regulations or official interpretations which necessitate previously prepared Instruments of Service; f the Owner not rendered in a timely manner; avoiding any project delays. significant change in the Project including, but not limited to, size, quality, complexity, the Owner's part of the Owner or the Owner's consultants or contractors; n for and attendance at a public hearing, a dispute resolution pmeeeding or a legal eeeding except where the Architect is party thereto; he information contained in Article 1.1. § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect ~a 1097Part1 Co Iht ©1917 926 1948 1951 1953 958 1961,1963 1966,1967,1970, 1974,1977,1987andlgO7byTho AIA Document B141 - . P~' g ' ' ' e' ' ' U.S Co Iht Law aed nternaflona Treaties. ' hitecis All ri hts reserved WARNING This AIA DOCument is protected by . pyr g prosecuted to the maximum extent pessibis under the law. This document w~s produced by AIA sof~ware at 10:04:31 on 10/19/2004 under Order NO.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) User Notes: 6 may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution ~ mediation. and Architect shall endeavor to resolve claims, disputes and other matters in question between unless the parties mutually agree otherwise, shall be in accordance with the Construction of the American Arbitration Association currently in effect. Request for mediation shall be with the other party to this Agreement. The request may be made concurrently with the filing of a l for arbitration but, in such event, mediation shall proceed in advance of legal or equitable proceedings, shall be stayed mediation for a period of 60 days fi:om the date of filing, unless stayed for a longer ,~ parties or court order. : the mediator's fee and any filing fees equally. The mediation shall be held in the unless another location is mutually agreed upon. Agreements reached in .- as settlement agreements in an~ bourt having jurisdiction thereof. uential damages for claims, disputes or other matters in question arising mutual waiver is applicable, without limitation, to all consequential a in accordance with Section 1.3.8. the law of the principal place of business of the Architect, unless hall have the same meaning as those in the edition of AIA Document A201, current as of the date of this Agreement. to acts or failures to act shall be deemed ~f limitations shall commence to run not later than either the date of to act occurring prior to Substantial Completion or the date of issuance of ; or failures to act occurring after Substantial Completion. In no event shall t later than the date when the Architect's services are substantially ~operty insurance during construction, the Owner and the Architect and against the con~ractors, consultants, agents and employees of the other for , may have to the proceeds of such insurance as set forth in the edition of AIA ,f the Contract for Construction, current as of the date of this Agreement. The r c shall require of the contractors, consultants, agents and employees of any of parties enumerated herein. shall create a contractual relationship with or a cause of action in either the Owner or Architect. ~rehitect's consultants shall have no removal or disposal of or exposure of persons to hazardous or toxic substances in any form at the Project site. hall have the ri~at to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of wa I 7Part1 Co Iht ©1917 1926 1948 1951 1953 1958,1961,1963,1966,1907,1970, 1974,1977,1987and1997byThe AIADOCumentl~141 - 99 . pyrg ' . -' ®' ' db U.S. Co ightLawaed ntematlonalTreatle~ · e of Architects All rights reserved WARNING. Th~s All Document is protecte y p.Y~, and will be prosecuted to the maximum extent possible under the law. This document ems produced by AIA software at 10:04:31 on 10/19/2004 under Order NO.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) User Notes: 7 the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide ~rchitect in the Owner's promotional materials for the Project. the Owner requests the Architect to execute certificates, the proposed language of such certificates shall the Architect for review at least 14 days prior to the requested dates of execution. The Architect t to execute certificates that would require knowledge, services or responsibilities beyond the t, bind themselves, their partners, successors, assigns and legal party to this Agreement and to the parmers, successors, assigns and legal representatives 11 covenants of this Agreement. Neither the Owner nor the Architect shall assign :, except that the Owner may assign this Agreement to an financing for the Project. In such event, the lender shall assume the Owner's rights and The Architect shall execute all consents reasonably required to facilitate such ~ the Architect in accordance with this Agreement, such failure shall ause for termination or, at the Architect's option, cause for services under this Agreement. If the Architect elects to suspend services, prior to ' written notice to the Owner. In the event of a suspension to the Owner for delay or damage caused the Owner because of such services, the Architect shall be paid all sums due prior to suspension and ~f the Architect's services. The Architect's fees for the ~ schedules shall be equitably adjusted. the Owner for more than 30 consecutive days, the Architect shall be r to notice of such suspension. When the Project is resumed, the Architect f the Architect's services. The ; services and the time schedules shall be equitably adjusted. re than 90 consecutive days, the iving not less than seven days' written notice. , either party upon not less than seven days' written notice should the a in accordance with the terms of this Agreement through no fault of the party t the Owner upon not less than seven days' written notice to the ; convemence and without cause. he fault of the Architect, the Architect shall be compensated for services tith Reimbursable Expenses then due and all Termination Expenses as are in addition to compensation for the services of the Agreement and include ~r 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. TO THE ARCHITECT ~n account of services rendered and for Reimbursable Expenses incurred shall be made monthly i of the Architect's statement of services. No deductions shall be made from the Architect's penalty, liquidated damages or other sums withheld from payments to conlractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AiADocumentB141TM 1997Part1 Copyright ©1917,1926 1948, 951,1953, 958 96 ,1963 1966 1967 1970, 1974,1977,1987and1997byThe . -. ' ".ThlsAIAe Documentis rotectedbyU.S CopyrlghtLawandlntemanonalTmaties. Arne~canlnst~tuteofArch~tects A rights reserved. WANNING P - prosecuted to the rcaxlmurc extent possible under the law. This document wes produced by ^IA software at 10.04.31 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) User Notes: 8 § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses ~,rchitect and Architect's employees and consultants directly related to the Project, as identified in Clauses: transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; fees paid for securing approval of authorities having jurisdiction over the Project; .3 standard form documents, postage, handling and delivery of Instruments of Service; reproductions and and review. .4 nd mock-ups requested by the Owner; . insurance dedicated exclusively to this Project or the expense of e or limits requested by the Owner in excess of that normally carried by t the Architect's consultants; as designated in Section 1.5.5; to a Change in Services, and of services rates or a multiple of Direct Personnel Expense shall be available to the Owner or convenient times. e is defined as the direct salaries of the Architect's personnel engaged on the [ of their mandatory and customary contributions and benefits related thereto, such , employee benefits, insurance, sick leave, holidays, vacations, employee ~,ND OTHER SPECIAL TERMS AND CONDITIONS Agreement. This Agreement represents the entire and integrated agreement prior negotiations, representations or agreements, either amended only by written instrument signed by both Owner and Architect. documents listed below. n Owner and Architect, AIA Document B141-1997. Design and Contract Administration, AIA Document B 141-1997, or delineating Architect's scope of services.) docume~t~s, ~y, forming part of the Agreement.) Properties in developing their scope proposal. A- g ;pecial terms and conditions that modify this Agreement are as follows: as described under Article 1 ;4, compensation shall be computed as follows: $176,800 (One Hundred Seventy Six Thousand Eight Hundred Dollars) § t.52. If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. wa © 917 1926, 1948 1951 1953, 958, 1961 1963, 1966, 1967, 1970 1974, 1977, 1987 and 1997 byThe A A Document B141 - 1907 Part I Copyright ' . ' ®' U S Co ri ht Law and IntemaUona Treaties. i e of Architects. All rights reserved. WARNING. This AIA Document is protected b.y PY g criminal naitles, and will be prosecuted to the maximum extent possible under the law. This document w~s produced by AIA software at 10:04:31 on 10/19/2004 uoder Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) User Notes: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and and identify Principals and classify employees, if required. Identi~ specific services to which particular ~ compensation apply.) Rates - Upon Request in Services of the Architect's consultants, compensation shall be computed as a multiple of ) times the amounts billed to the Architect for such services. ; described in Section 1.3.9.2, and any other items included in Section 1.5.5 as ~hall be computed as a multiple of one ( 1.00 ) times the expenses Architect's employees and consultants. ', are as follows: r services of the Architect and the Architect's consultants as set forth in this accordance with their normal salary review practices. ($ 0 ) shall be made upon execution of this Agreement and is the minimum 1 be credited to the Owner's account at final payment. Subsequent payments /, and where applicable, shall be in proportion to services performed on the basis Thirty ( 30 ) days from the date of the Architect's invoice. Amounts after the invoice date shall bear interest at the rate entered below, or in the prevailing from time to time at the principal place of business of the Architect. The Honorable Robert L. Waiz, Sr. d title) ~l Truth in Lending Act, similar state and local consumer credit laws principal places of business, the location of the Project and :pecific legal advice should be obtained with respect to deletions ~ such as wriiten disclosures or waivers.) not been completed within fourteen ( 14 ) months of extension of the Architect's s~ trices beyond that time shall be and year first written above. (S,gnaiar , ?_\\,. Xnc. ' The Est¢ ,inal Oroup, R. Wa)ne Estopinal, President (Printed name and title) ~ iht © 19 7, 1926, 1948 1951 1953, 958, 1961 1963 1966, 1967, 1970, 1974 1977, 1987 and 1997 by The AIA Document B141 - 1997 Part 1. Copyr g - · ' ®' ument s r~eutnd'by U S Copyright Law and Intematlorml Treaties. prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 10:04:31 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (1098961467) User Notes: Io SAIA Document B141TM Form of Architectrs Services: Contract Administration - 1997 Part 2 ARTICLES qSER~CES ;ER~CES ;ERVICES ;ERVlCES ERVICES IISTRATION SERVICES the Architect's services and administer the Project. The research applicable design criteria, attend Project team and issue progress reports. The ~ the Architect and the Architect's by the Owner and the Owner's consultants. have been sufficiently identified, the Architect shall ehedule that shall identify milestone dates for furnished by the Architect, completion of ! construction and Substantial ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the ~ext 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. value of alternative materials, building systems and ns based on program, budget and aesthetics in . the Architect shall make a presentation to explain the of the Owner. submit design documents to the Owner at intervals appmpriato ~urpose.s of evaluation and approval by the Owner. The Architect rely on approvals received fi.om the Owner in the further development § 2,1.6 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. 1917 1926 1948 1951, 1953 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The AADocumentB141w~-1997Part2. Copyrlght @ , '. ' e ' ectedb U.S. Copyright Law and internaflonal Treutle~ American ns itute of Architects. All rights reserved. ,W. eAR_NING-Th, is AIA D~.~omen o~ iIs. PmraOvt resut ~ severe c v and criminal penalties, and will be Unauthorized reproduction or distribution of this AIK Document, or any pe. u prosecuted to the max mum extent possible under the law. This documenl x~s produced by AIA software at 10:54:46 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (2853352407) .7 EVALUATION OF BUDGET AND COST OF THE WORK ect requirements have been sufficiently identified, the Architect shall prepare a preliminary f the Cost of the Work. This estimate may be based on current area, volume or similar conceptual : techniques. As the design process progresses through the end of the preparation of the Construction the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect 8 the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in general market conditions. If at any time the Architect's estimate of the Cost of the Work the Architect shall make appropriate recommendations to the Owner to adjust the and die Owner shall cooperate with the Architect in making such adjustments. for the Project, the preliminary estimate of the Cost of the Work and )f the Work prepared by the Architect represent the Architect's judgment as a design '. It is recognized, however, that neither the Architect nor the materials or equipment, over the Contractor's methods of determining bid ?, the Architect cannot and does s or negotiated prices will not vary from the Owner's budget for the Project or from r evaluation prepared or agreed to by the Architect. f the Cost of the Work, the Architect shall be permitted to include contingencies for . to determine what materials, equipment, component systems and types of he Contract Documents; to make reasonable adjustments in the scope of the Documents alternate bids as may be necessary to adjust the estimated Cost of e Cost of die Work. If an increase in the Contract Sum occurring after he Owner and the Contractor causes the budget for the Cost of the Work to be has not commenced within 90 days after the Architect submits the Construction ardget for the Cost of the Work shall be adjusted to reflect changes in the general , exceeded by the lowest bona fide bid or negotiated proposal, the a increase in the budget for the Cost of the Work; : of the Project within a reasonable time; with Section 1.3.8.5; or ~ as required to reduce the Cost of the Work. rider Section 2.1.7.5.4, the Architect, without additional compensation, :he Architect is responsible under this Agreement as necessary to comply with nodification of such documents shall be the limit of the Architect's 7. The Architect shall be entitled to compensation in accordance with this whether or not construction is commenced. SERVICES / designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner . and contractors. prepare a program setting forth the Owner's objectives, schedule, constraints and space requirements and relationships, special equipment, systems and site requirements for the hall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and wa Iht © 1917, 1926 1948 1951 1953, 1958, 1961 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by'~he AIA Document B141 - 1997 part 2. Copyr g ' ®' ' .S Co t~ Law and International Treaties . . reserved WARNING: This AIA Document s protected by U . pyr g · prosecuted to the m~xlmum extent possible under the law. This dccument was produced by AIA software at 10:54:46 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (2853352407) User Notes; information concerning available utility services and lines, both public and private, above and below grade, inverts and depths. All the information on the survey shall be referenced to a Project benchmark. Owner shall furnish services of geotechnical engineers which may include but are not limited to test determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports ~ recommendations. AND PLANNING SERVICES evaluation of the information furnished by the Owner under this a as developed by the Architect and schedule requirements and budget for a terms of the other. The Architect shall review such information to ascertain that it is of the Project and shall notify the Owner of any other information or consultant . needed for the Project. , evaluation of the Owner's site for the Project based on the f site conditions, and the Owner's program, as developed by the Architect t of the Work. he Owner's proposed method of contracting for construction services and shall ~ that such method may have on the Owner's program, financial and time traffic studies, environmental studies and submission required for approvals or r others having jurisdiction over the Work including but not limited to and certificates of appropriateness shall be performed as an additional service. srvices shall include normal structural, mechanical and electrical engineering a Documents based on the mutually agreed-upon program, 'he documents shall establish the conceptual design of the Project eet components. The Schematic Design Documents shall include a preliminary building plans, sections and elevations. At the Architect's ~ may include study models, perspective sketches, electronic modeling or md construction materials shall be = Design Development Documents based on the approved Schematic Design he Cost of the Work. The Design Development Documents shall illustrate and establishing the scope, relationships, forms, size and appearance ~ of plans, sections and elevations, typical construction details, and equipment layouts. The ; shall include specifications that identify major materials and systems and establish DOCUMENTS provide Conslruction Documents based on the approved Design Development ,r the Cost of the Work. The Construction Documents shall set forth in detail the eot. The Construction Documents shall include Drawings and establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; m o Iht ©19 7 1926 1948 1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987and1997byThe AIADocumentB141 -1997 Part 2. C pyr§ ' ' ' ® db U.S. Co yrlglttLawandlntematlonalTreatles. Ame,canlnstituteot Architects. All rl.hts reserved. WeARNING:ThisAIA D~t~neon?s Pmra°vr~u~lt YnseverecPlvlland crlm na penaltles, andwlllhe Unauthorized reproduction or distribution of this AIA Document, or any p it, y prosecuted to the maximum extent p~sslble under the law. Thrs document was produced by AIA software at 10:54:46 on 10/19/2004 unde Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (2853352407) User Notes: and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The lso shall compile the Project Manual that includes the Conditions of the Contract for Construction and and may include bidding requirements and sample forms. CONSTRUCTION PROCUREMENT SERVICES Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall )wrier in awarding and preparing eontrects for construction. 2~$.2 The Architect ~, the Owner in establishing a list of prospective bidders or contractors. t the Owner in bid validation or proposal evaluation and determination of the /. If requested by the Owner, the Architect shall notify all prospective bidders or consist of proposal requirements, proposed contract forms, General Conditions ,ns and Drawings. the Architect shall arrange for procuring the reproduction of Proposal ~ contractors. The Owner shall pay directly for the cost of reproduction or the Architect shall organize and participate in selection interviews with for substitutions, if permitted by the Proposal Documents, and shall ubstitations to all prospective contractors. t shall assist the Owner during negotiations with prospective ~repare a summary report of the negotiation results, as directed by the Work. ~f the Contract between the Owner and the Contractor as set cument A201, General Conditions of the Contract for Construction, current made to the General Conditions, when adopted as part of the under this Agreement only to the extent that they are consistent with this by the Architect. ~ to provide the Contract Administration Services under this Agreement of the initial Contract for Construction and terminates at the issuance to the Owner of the · However, the Architect shall be entitled to a Change in Services in accordance with administration Services extend 60 days after the date of Substantial Completion of the .hall be a representative of and shall advise and consult with the Owner during the provision m Services. The Architect shall have authority to act on behalf of the Owner only to the t this Agreement unless otherwise modified by written amendment. § 2.$.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be resl~icted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 1917 1926 1948, 951, 1953 1958, 1961, 1963, 1966, 967, 1970, 1974, 1977, 1997 and 1997 byThe merit B141 w4 _ 1997 Par~ 2. Copyright © , , ® Co ri ht Law and Intemntional Treatle~ unauthorized reproduction or distribution ut this AIA Document, or any po~tlo it, y 4 prosecuted to the maximum extent possible under the law. This document was produced by AIA sof~ware at 10:54:46 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (2853352407) User Notes: § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information properly prepared request for additional information about the Contract shall be in a form prepared or approved by the Architect and shall include a detailed written statement the specific Drawings or Specifications in need of clarification and the nature of the clarification ~ppropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and ',s and Specifications in response to requests for information by the Contractor. interpret and decide matters concerning performance of the Owner and Contractor the Contract Documents on written request of either the Owner or Contractor. The ~ requests shall be made in writing within any time limits agreed upon or otherwise with of the Architect shall be consistent with the intent of and reasonably inferable hall be in writing or in the form of drawings. When making such interpretations hall endeavor to secure faithful performance by both Owner and Contractor, . and shall not be liable for the results of interpretations or decisions so rendered in initial decisions on claims, disputes or other matters in question between the in the Con~ract Documents. However, the Architect's decisions on matters final if consistent with the intent expressed in the Contract Documents. shall visit the site at intervals appropriate to the stage of the ' the Owner and the Architect in Article 2.8, (1) to become the Owner informed about the progress and quality of the portion of the Work guard the Owner against defects and deficiencies in the Work, and (3) to determine in performed in a manner indicating that the Work, when fully completed, will be in the Architect shall not be required to make exhaustive or quality or quantity of the Work. The Architect shall neither have control construction means, methods, techniques, sequences or procedures, or ~ with the Work, since these are solely the Contractor's rights and e Owner known deviations from the Contract Documents and from the most the Contractor. However, the Architect shall not be responsible for the accordance with the requirements of the Contract Documents. The Architect's negligent acts or omissions, but shall not have control over or for acts or omissions of the Contractor, Subcontractors, or their agents or performing portions of the Work. have access to the Work wherever it is in preparation or progress. )r when direct commualeations have been specially ndeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall :t shall have authority to reject Work that does not conform to the Contract Documents. it necessary or advisable, the Architect will have authority to require inspection or ~c 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. 1917 1926 1948 1951,1953 958 1961 1963,1966,1967, 970, 1974 1977,1987and1997byThe AIA Document B141 w~ _ 1997 Part 2. Copyright © , , ' ® ' ' ected b U.S Copyright Law and International Treaties, ' ' e of Architects. All rights reserved WARNING: This A A DoCUment $ prot y nd criminal naitles, and w II be .A.m en..can !_n_s~t .u?_._.~_,,.~A" ~ rlbutlon of this AIA® Document, m' any portion of It, may result in severe civil a pe = PAYMENTS TO CONIRACTOR Architect shall review and certify the amounts due the Contractor and shall issue Certificates for such amounts. The Architect's certification for payment shall constitute a representation to the Owner, Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Coatract~o,r.'s Application for Payment, that the Work has progressed to the point indicated and that, to the best of the knowledge, information and belief, the quality of the Work is in accordance with the Contract The foregoing representations are subject (1) to an evaluation of the Work for conformance with the ;ubstantial Completion, (2) to results of subsequent tests and inspections, (3) to from the Contract Documents prior to completion, and (4) to specific qualifications shall not be a representation that the Architect has (1) made to check the quality or quantity of the Work, (2) reviewed constroction : received from the Owner to substantiate the Contractor's right to purpose the Contractor has used money previously paid on account of 'ecord of the Contractor's Applications for Payment. ~ and approve or take other appropriate action upon the Contractor's submittals Data and Samples, but only for the limited purpose of checking for conformance he Contract Documents. The Architect s actmn shall b , as to cause no delay in the Work or in the activities of the Owner, Contractor sufficient time in the Architect's professional judgment to permit adequate . not conducted for the purpose of determining the accuracy and completeness of quantities, or for substantiating instructions for installation or performance of 'which remain the responsibility of the Contractor as required by the Contract not constitute approval of safety precautions or, unless otherwise methods, techniques, sequences or procedures. The t indicate approval of an assembly of which the item is a component. ,f submittals and copies of submittals supplied by the Contractor in ,f the Contract Documents. f a design professional related to systems, materials or ,'ontractor by the Contract Documents, the Architect shall specify i criteria that such services must satisfy. Shop Drawings and other submittals : certified by the design professional retained by the Contractor shall bear such ubmitted to the Architect. The Architect shall be entitled to rely upon the of the services, certifications or approvals performed by such design : W0 RK ~repare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work astmant in Contract Sam or an extension of the Contract Time which are consistent with the If necessary, the Architect shall prepare, reproduce and dislribute Drawings and ~ Work to be added, deleted or modified, as provided in Section 2.8.2. ;hall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of © 1917 1926, 1948, 1951 1953, 1958, 1961 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The AIA DoCument B141 TM - 1997 Part 2. Copyright ' . ®' nt s rolected b U $. Copyright Law and international Treaties. o, ht, ,i.ht$ ". .nd ¢.--'na' and.., -- Umauthorlz~d reprndoctlon or distribution of this AIA Document, or a y p prosecuted to the maximum extent possible under the law. This document w~s produoed by AlP, software et 10:S4:4~ on 10/19/2004 under Order NO.1000090620_2 which expires on 1/6/2005, and is not for resale. (2853352407) User Notes: the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. U'chitect determines that implementation of the requested changes would result in a material change , cause art adjustment in the Contract Time or Contract Sum, the Architect shall make a a to the Owner, who may authorize further investigation of such change. Upon such authorization, fumisbed by the Contractor, if any, the Architect shall estimate the additional cost and from such change, including any additional costs attributable to a Change in Services of the t. X hose estimates into a Change Order or other l for the Owner's execution or negotiation with the Contractor. relative to changes in the Work. , to determine the date or dates of Substantial Completion and the 'rom the Contractor and forward to the Owner, for the Owner's review and cl documents required by the Contract Documents and assembled by the ~pon a final inspection indicating the Work ; of the Contract Documents. ;hall be conducted with the Owner's Designated Representative to check e requirements of the Contract Documents and to verify the accuracy and the Contractor of Work to be completed or corrected. to be substantially complete, the Architect shall inform the Owner about the to be paid the Contractor, including any amounts needed to pay for final ; from the Contractor and forward to the Owner: (1) consent of surety or sureties, release of retalnage or the making of final payment and (2) affidavits, receipts, r bonds indemnifying the Owner against liens. r or the Owner's Designated Representative promptly after n services. year from the date of Substantial Completion, ~e Owner's Designated Representative to review the ~ppropriate recommendations to the Owner. ~ Services beyond the following limits shall be provided by the Architect 9 with Section 1.3.3: 2 ) reviews of each Shop Drawing, Product Data item, sample and similar fl of the Contractor. ( 24 )visitstothesitebytheArchitectoverthedurationoftheProject per the attached schedule. .$ upto two ( 2 ) inspections for any portion of the Work to detarmine wbethur such p°rti°n °f : Work is substantially complete in accordance with the requirements of the Contract Documents. one ( 1 ) inspections for any portion of the Work to determine final completion. Design and Contract Administration Services shall be provided by the Architect as a Change with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; . · . .2 responses to the Contractor's requests for information where such informatmn as avmlable to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other na Iht © 1917, 1926 1948 1951 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 byThe AADoCumentB141 -1997 Part 2. Copyrg .' e' US Co htLawandloternatlonalTreothio- American Institute of Architects. All rights r~served. WARNING: This AIA Document s protected by pyr g Unauthorized reproduction m' dlstrlbunon of this AIA® Document, or any portion ot it, may result in severe civil and criminal penalties, and will be prosecuted to the maxtrnum extent possible under the laW. This document w;s produced by AiA software 9t 10:54:46 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale.. (2853352407) .6 Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; providing consultation concerning replacement bf Work resulting from fire or other cause during construction; evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; a of substitutions proposed by the Owner's consultants or contractors and making · ' to Instruments of Service resulting therefrom; ~ and documentation for alternate bid or proposal requests proposed by the provided 60 days after the date of Substantial Completion of the e the following services only if specifically designated: Responsibility Location of Service Description :~: .... (Architect,Not Provided)Owner or ~Architect -- 2.2.1.1 :i --*--Owner :~::, Diagrams -Architect -----2.4.2.1 ;$ ;E~?F§cilJt!~:: Surveys -~Not Applicable E~ff~mic:~i§ility Studies blot Applicable SOection Owner :;E~ir~tal Studies and Reports Owner :' ~'~bi*S'~pp!i~d Data Coordination ----Owner :; :~i~::~V$1opmen,t ~ ,Monitoring Sun Properties ~fi~e Desi~d: --Not Applicable -Architect ---Finish SelecfionOnl7 or Negotiation ----Not Applicable --Not Applicable : ',; i:: p,etai!ed ----Sun Properties ;ig On-$ ~ ;ProjeCt ~raOentation -----Not Applicable 18 Con ~tru¢ion ~n agement .... Not Applicable ::19 Sm ¢~ ASS ~i~dce -~Not Applicable .~! ~ost. C~} ~1~ ation Not Applicable ~ Services --Not Applicable .~4 planning Not Applicable .~5 :Equipment Coordination ,,,Architect of the services designated.) Architectural, Interior Design, Structural Engineering and Mechanical/Electrical Engineering Services. uraent8141TM 1097Part2 Copyrght @1917 926 1948,195 , 953 1958, 961 1963,1966 1967,1970, 1974,1977,1987and1997byThe AIADOC - · ' · db US Co I htLawand nternatlonalTreatles. Itl htsreserved WARNNG'ThlsAIA DoCUmentlsprotecte y - pyrg hor zed re roductlon or distribution of this AIA Documenf~ or any portion of It, may result No.1000090620_2 which expires on 1/6/2005, and is not for resale. User Notes: (2853352407) ARTicLE 2.9 MODIFICATIONS to this Standard Form of Architect's Services: Design and Contract Administration, if any, are y, the Owner shall furnish the services of an industrial Hygienist certified by the American Board of d Hygiene to survey, test, monitor and determine the extent of asbestos contamination or contamination by and to recommend, specify and direct the abatement, removal, treatment and disposal of asbestos or to as the "Indenmitor") hereby agrees to indemnify, save and hold harmless, and Architect, the Architect's Consultants, their respective partners, agents, employees and whom any of them may be legally responsible (hereinafter referred to as the loses, damages, suites, costs and expenses, including attorney's fees, or actions of or are in any way related to hazardous or polluting materials in any form t not limited to asbestos, asbestos products, polychlorinated bipbenyl or other toxic without limiting the generality of the foregoing; all liability for claims for death ~ the loss or use thereof and consequential damages therefrorn, or damages for r Indemnitor or its employees, servants and agents to the extent such claims and e under the indemnities' professional liability insurance, whether such d to be based upon, statutory, contractual, tort or other liability of any Indemnitee or . breach of t any Indemnitee. to be contxary to law, the remaining parts of the provision shall in all other Moreover, this provision shall not be constructed to eliminate tt which the Owner or the Architect has by law. , the Owner/Architect Agrecurent are being performed solely benefit is meant to be conferred upon any person or entity not a party to this should rely upon this Architect's performance of those services to the ~ Architect shall accrue to; any contractor, subcontractor, consultant, engineer, , as a result of the Agreement or the performance ~'oject. The Owner agrees that the provisions of this paragraph he Contract Documents. shall be provided in conformity with the standards of reasonable ne community for a structure of the type covered by this Agreement. contract, work or products or any effects resulting manufacturer, supplier or fabricator, or any consultant or engineer period of three years thereafter, a standard : with an insurance company satisfactory to the Owner. Architect shall also the State of Indiana the following issuance coverage: . insurance in the amount or $1,000,000 combined single limit' in the amount of $1,000,000 and n the Statutory Amount Architect will assure that any and all consultants engaged or employed by the Architect carry and maintain similar : amounts. Architect will submit to Owner proof of said insurance prior to commencement of this · written notice to Owner at least thirty non-renewal or material modification of said insurance. - 26 948 195 1953,1958 1961,1963,1966,1967 1970, 1974,1977,1987and1997byThe wa 1997 purl 2 Copyright © 1917, 19 , ' ®' ' I Itt Law and International Treaties. AIA Document B141 · - his AIA Document is protected by U $, COpy~ g Arne~can nstitute of Architects. All fights reserved. WeARNING- T ~ ,, ,,ortlon of it, may result in severe civil and crlrnteal penalties, and will be Unanthor tzed reproduction or dletdbntion of this AIA Oocurnent, ~r an~. prosecuted to the maximum extent possible under the law. This document whs produced by AIA sof~ware at 10:54:46 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (2853352407) User Notes: n of Architect's Services: Design and Contract Admi~stration and mo i ae Standard Form of Agreement Between the Owner. ~t~chit~ct' ~AI~ Dj0' t into by the parties as of the date: ~/~/ ~7.~ The Estopinal Grol~p, l~ac. ~ -- Indiana ~ L. Waiz, Jr. R. Wayne Estopinal (Printed name and title) :ations ent 1948 95 1953 1958 1961,1963, 966,1967 1970, 974,1977 1987and1997byThe w~_ 7Part2. Co ight ©1917,1926, , , , I htLawaedlntemational'freatiss. 1(~ AIA Document B141 199 pyr · ThiS AIA® Document is protected by U.S. Copyr g be prosecuted to the maximum extent p~slble under the law. This document wa.s produced by AIA software At 10:54:46 on 10/19/2004 under Order No.1000090620_2 which expires on 1/6/2005, and is not for resale. (2853352407) II" Il BBB