aia document b103~ 2007 - columbia • document b103~ 2007 standard for.m of agreement between owner...
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• AIA Document B103~ 2007
Standard For.m of Agreement Between Owner and Architect for a Large o r Complex Project
AGREEMENT made as of the« »day of ~August>> in the year «2014 >> (In words, indicate day, month and year.)
BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information)
>>« »City of Columbia >> A political subdivision ofthe State of South Carolina
« >> 1737 Main Street « » Columbia. SC 29201
and the Architect: (Name, legal status, address and other information)
« >><< »POPULOUS, Inc. « » 300 Wyandotte, Suite 200 « » Kansas City, Mo 64105 (( ))
for the following Project: (Name, location and detailed description)
« Columbia Commons Multi-use Venue » « Bull Street Development » «The Venue is to be a state of the art (meaning current design trends and anticipated technological developments that are generally available within the Project time ftame), family friendly venue with the flexibility to host outdoor concerts, festivals, community and family friendly events, in addition to serving as the home field for a Minor League Professio al Baseball Club. >>
The Owner and Architect agree as follows.
ADDITIONS AND DELETIONS: The author of this document haJ added information n~ed for its completion . The author may also have revised the text of the or~ginal AI~!andard form. An ~dditions a d Deletions Report t hat n o es added information as well as
lre~isions tp t~e standard fo~xt-i£ available-!~ the author and should be I ~wed.
This document has importan6 legal consequences . ~ Consultati~wi(h a~ attorne~s encquraged with ~epect to ~rtS com letion
or J!IO<i1fic~
ELECTRONIC COPYING of any portion of t his AlA• Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.
AIA Doc\lJMnt 8103"' - 2007. Copyright 2007 by The American Ins titute of Architects. All rights re .. rvad . WARNING: This AlA• Docun.nt u protected by U.S. Copyr ight Law and International Treaties. Unauthorized reproduction or distribution o~ this AIA• Document, or any portion ot it , may raault in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Thi s draft was produced by AlA sof t ware a t 15:20: 17 on 07/10/2014 under Order No .9355046073 1 which expires on 03/15/201 5, and is not for ~~~. -User Notes:
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TABLE OF ARTICLES
INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION _.....-, § 1.1 This Agreement is based on the Initial Information set forth in this Section 1. 1. ( ~ I (Note the disposition for the following items by inserting the requested information or a sta ement..slJ.f!:.. as "no applicable, " "unknown at time of execution " or "to be determined later by mutual agreemen. " f
«NA »
§ 1.1.3 The Owner's budget for the Cost ofthe Work. as defined in Section 6.1: (Provide total and, if known, a line item breakdown.)
«Twenty-nine million dollars ($29 000,000 »
§ 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any:
«See attached Exhibit E »
.2 Commencement of construction:
«October I 20 14 »
AIA Document 8103"' - 2007 . Copyright e 2007 by The Amer ican I nstitute of Architects . All ri9hto reserved. WARNING: Thi o AIA0 Document io protect.ci by U. S . Copyright Law and Internat ional Treati es . Unautho rized reproduc tion or distribution of thia AtA• Do cument, or any portion of it, may result i n aevere civil and c riminal penalties , and will be prosecuted to the maximum ext ent possible under the law. This d r a ft was produced by AlA software a t 15:20 :17 on 07/10/201 4 under Order No . 9355046073 1 which expires on 03/15/2015, and is not fo r resale . -User Notes:
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.3 Substantial Completion date or milestone dates:
~<March 1 2016 ••
.4 Other:
2016 ••
§ 1.1.5 The Owner intends the following procurement or delivery method for the Project: (Identify method such as competitive bid, negotiated contract or construction management.
<<CM at risk ••
§ 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid pac construction are set forth below: (List number and type of bid/procurement packages.)
<<See attached Exhibit E »
§ 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally resPt,onsible design or historic preservation requirements.) L.. - ---..,
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address and other information.)
<< Gregory Tucker, Special Projects Coordinator City of Columbia •• << 1737 Main Street » <<Columbia, SC 29201 •• « •• (( » (( ))
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§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to submittals to the Owner are as follows: (List name, address and other information.)
«Jason Freier Hardball Capital LLC
§ 1.1.10 The Owner will retain the following consultants and contractors: (List name, legal status, address and other information.)
.1 Cost Consultant:
<<To be selected via CM at Risk RFP _process •.c< •• (( .. {( .. {( ))
{( ))
.2 Scheduling Consultant:
JUA Document Bl03"' - 2001. Copyright 0 2001 by The American Institute of Architects. All right• reserved. WARNING: rhia JUJ\0 Document u protect.ct by u . s. Copyrioht Law and International Treaties. Unauthorized reproduction or di stribution o~ this AlA• Document , or any portion of it, may result J.n severe civil and criminal penalties, and will be prosecuted to the maximum extent poaaible under the law. This draft was produced by AIA software at 15:20:11 on 01/10/2014 under Order No.9355046013 1 which expires on 03/15/2015, and is not for resale. -Uaer Notea :
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{( ))
{( ))
« )) ))
.3 Geotechnical Engineer:
»« ))
~<Owner wiiJ contract directly for this service >><< » ~( ))
))
{( ))
~( ))
.4 Civil Engineer:
«<ncluded as Basic Service inclu (( ))
{( ))
{( ))
{( ))
.5 Other, if any: (List any other consultants or contractors retained by the Owner, such as a Project or Program Manager, construction contractor, or construction manager as constructor.)
(( ))
§ 1.1.11 The Architect identifies the following representative in accordance with Section 2. (List name, address and other information.)
(( »Joe Spear (( »POPULOUS, Inc. (( »300 Wyandotte, Suite 200 (( »Kansas City, Mo 64105 (( ))
(( ))
§ 1.1.12 The Architect wiU retain the consultants identified in Sections 1.1.12. 1 and l.l.l 2.2: (List name, legal status, address and other information.)
§ 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer:
<<Walter P. Moore >><< >~......,_,~,.............,.--,..... <<Chase Tower, 221 West 6 <<Austil\ Texas 78701 » (( ))
(( ))
.2 Mechanical Engineer:
{<Henderson Engineers >><< » {<8345 Lenexa Drive, Suite300 >~ {<Lene Kanas 66214 » {( ))
(( ))
I'.IA Document 8103"' - 2007. Copyr ight C> 2007 by The American Institute of Architects . All righta reserved. WARNING: Thu AlA• D<>cu~Mnt is protected by U. S. Copyrioht Law and Inte rnational Treaties. Unauthorized reproduction or distribut ion of this AlA• Document, or any portion of it, may result in severe civil and criminal penalties , and will be prosecuted to the maximum extent possible under the la.w. This dra!t was produced by AlA sottware at 15:20:17 on 07/10/2014 under Order No.9355046073 I which expires on 03/15/2015, and is not tor resale . -User Notea:
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.3 Electrical Engineer:
«Henderson Engineers >>« » «834S Lenexa Drive, Suite300 » «Lene~ Kanas 66214 «» -
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§ 1.1.12.2 Consultants retained under Additional Services:
«N/A »
§ 1.1 .13 Other Initial Information on which the Agreement is based:
«None~)) ____ _
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that ru-2 information may materially change and, in that event, the Owner and the Architect shall appropriately adjust he schedule, the Architect' s services and the Architect's compensation.
'LJ ARTICLE 2 ARCHITECT'S RESPONSIBILITIES l § 2.1 The Architect shall provide the professional services as set forth in this Agreement.
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§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall :~ perform its services as expeditiously as is consistent with such professional skill and care and the orderly pro es of the Project. Any designs, drawings or specifications prepared or furnished by Architect that contain err .s, conflict or omissions will be promptly corrected by Architect at no additional cost to Owner. Owner's ~pro al, ace tance, use of or payment for all or any part of Architect's services shall in no way alter Architect's oo ligation or Own.er's rights hereunder. ~
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the ~ Project. Provided Architect's representative remains employed by the Architect, Architect shall not change e.. designated representative without the Owner's written consent, which consent the Owner shall not unreasonably
withhold. ~ §2.3.1 The Architect shall not change its Consultants without the Owner's written consenl~~ the Owner shall not unreasonably withhold. { \
§ 2.4 Except with the Owner' s knowledge and consent, the Architect shall not engage in ant activity, or accept;any employment, interest or contribution that would reasonably appear to compromise the Arch,itect' s profess on judgment with respect to this Project. l § 2.5 Architect shall procure and maintain in effect during the term of this Agreement the insurance coverages -., described below, which insurance shall be placed with insurance companies authorized to do usiness in the State o~ South Carolina and rated A minus VII or better by the current edition of Best's Key Rating Guide or otherwise approved by Owner. ~
§2.5.1 Professional Liability Errors and Omissions Insurance with limits ofnot less than $t ,p6o,o.oo-p;ciaim and 1
the aggregate. Architect shall maintain this coverage in effect during the term of this Agreeren and for two (2) years after the Date of Substantial Completion. Architect shall give prompt written notice to Owner of any and all claims made against this policy that would affect coverage required under this Agreement during the period in which this policy is required to be maintained pursuant to this Agreement.
§2.5.2 Worker's Compensation Insurance with statutory benefits and limits which shall fully comply with all State and Federal requirements and Employer 's Liability with limits not less than $500,000 per acciden , $500,000-per·-----" disease and $500,000 policy limit on disease.
AlA Docwnant 8103"" - 2007. Copyr igh t C 2007 by The 1\merican I nstitu te of Architects , All riqh ta r eserved. WARNING: This AIA0 Docwnant is protected by U.S. Copyrioht Law and International Treaties. Unauthorized reproduction or diatribution of this AtA• Docwnent , or any porti on of it, may reault in severe civil and criminal penalties , and wi l l be prosecuted to the maximum extent possible under the law. This draft was produced by 1\II\ software at 15:20 :1 7 on 07/10/201 4 unde r Or der No , 9355046073_1 wh ich expi r es o n 03/15/2015 , and is not for resale. Uaer Notea :
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§2.5.3 Comprehensive Automobile Liability Insurance (owned, hired, and non-owned vehicles) with limits not less than $1 ,000,000 combined single limit per occurrence for bodily injury and property damage.
§2.5.4 Commercial General Liability Insurance. A broad form Commercial General Liability Insurance Policy including, without limitation ages: Premises and Operations Liability; Explosion, Collapse and Underground Damage Liability; Personal Injury Liability (with employee and contractual exclusions del<j!Cif}; Broad Form Property Damage Liability. The Commercial General Liability Insurance Policy must be wfittep on an occurrence basis with a combined single limit of liability of not less than $1,000,000 for each occurrence qf bodily injury. and/o. r property damage and an annual aggregate ofliability of not less than $1,000,000 for bodily injth:.;:JmdloJ:.IlfQPerl)! .................. ., damage, and an annual aggregate ofliability of not less than $1,000,000 for Completed Operations and Products Liability. r· ................... ..
, §2.5.5 Insurance Requirements for Subconsultants - Architect agrees to require Subconsultants·j·
1. at a minimum, to
comply with the insurance provisions required of Architect pursuant to this Agreement unles~. ~rchitect and Owner mutually agree to modify these requirements for Subconsultants whose work is of relativelysmall scope. Architect agrees that it will contractually obligate its Subconsultants to advise Architect promptly of ~ny lapses ofthe.requisite insurance coverages and Architect agrees to promptly advise Owner of any such notices 1· hitect receives from its Subconsultants. Architect agrees that it will contractually obligate its Subconsultants to ind mnify and hold harmless Owner to the same extent that Architect is required to do so as provided in this Agreement. ,
§2.5.6 Additional Insurance Requirements- Should a notice of cancellation be issued for n n-r@);ment ofprewJ'!!lli or any part thereof, or should Architect fail to provide and maintain insurance as set forth h;>rein, Owner shall have the right, but not the obligation, to pay such premium to the insurance company or to obtainsncln:overage-and to· · ............ ·-·1
deduct such payment from any sums that may be due or become due to Architect, or to seek reimbursement for said payments from Architect. Any sums paid by Owner shall be due and payable immediately by Architect upon notk~ •• from Owner. Receipt and review by Owner of any copies of insurance policies or insurance certificates shall.not'" relieve Architect of his obligation to comply with the insurance provisions of this Agreement. The insura!ic'e provisions of this Agreement shall not be construed as a limitation on Architect's responsibiliti<>s·aiid lial)ilitil!~ pursuant to the terms and conditions of this Agreement. ( 1
, . , §2.5.7 Endorsements & Additional Insured
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§2.5.7.1 Architect will provide Owner (I 0) days prior written notice of cancellation of that policy for non-payment... .. · · : of premiums and a thirty (30) day prior written notice of any cancellation or nonrenewal of that policy (including .............. i individual coverages of the policy, or any reduction in policy limits) for any other reason. _.....-
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§2.5. 7.2 Prior to performing services, and thereafter upon replacement of each required poli{y of.insnri1J1ce, / ./ Architect shall provide to the Owner a written endorsement to the Architect's general liabilitY iy'~urance )Xlli~'tha!/""'" (i) names the Owner as an additional insured, (ii) where such notke is available, provides that ~o cancellation, I)Ohrenewal, or expiration of the coverage contained in such policy shall have effect unless all£' dd~. ional insureds ~ave been given at least ten (I 0) days prior written notice of cancellation for non-payment of pr il)ms and thifty (30) days prior written notice of cancellation for any other reason, and (iii) provides that the Ar it~ct's liabilitY ' insurance policy shall be primary, with any liability insurance of the Owner as secondary ~d nTII!etmtrlbutory:1'riDf"'' ·· to performing services, and thereafter upon renewal or replacement of each required policylofins=e,...Aa;bitect .. shall provide to the Owner a signed, original certificate of liability insurance. The certificate shall identify the types of insurance, state the limits of liability for each type of coverage, name the Owner as a Certificate H~.l.<!eX ... llr.QY,ide that the general aggregate limit for the general liability insurance applies per project, and (excep~.fdfprofessional·· liability) provide that coverage is written on an occurrence basis. Information concerning redQC'tio~_.,of·eoverage·""' account of revised limits or claims paid under the General Aggregate, or both, shall be fumi,shed b'y the Architect · .. with reasonable promptness.
§2.8 THIRD PARTY INDEMNIFICATION · ' Without limitation and notwithstanding any provision in this agreement, the Architect shall indbmnify and hold harmless the Indemnitees for and against claims, damages, losses and expenses (including reasJ.nable-at!emeys"' .. fees) asserted by a third party against an Indemnitee to the extent arising out of or resulting\fi:2.1!!!!!:£lig~gtac:t§.Q! ............ .. omissions of the Architect, a consultant, anyone directly employed by them or anyone for whose acts they may be
AIA Document 8103"'- 2007. Copyright;:_, 2007 by The American Institute of Architects. All riqhta reserved. JIARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of th1s AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Thls draft was produced by AlA software at 15:20;l7 on 01/10/2014 under Order No.9355046073_l which explres OCJ 03/15/2015, a:Jd lS not for resale. User Notes:
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liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself). Architect shall not be required to indemnity an lndemnitee to the extent Indemnitee's damages result from Indemnitee's own negligence. Such obligation shall not be construed to negate, abridge, or reduce any other rights, including any other obligations of indemnity, which would otherwise exist as to a party or person described in this Section 2.6. As used in this paragraph, "Indemnitees" means the City (including its instrumentalities, agencies, departmellt~, boards, and political subdivisions), and the officers and employees of all the forgoing. !
) I §2.9 DECISIONS BY THE ARCHITECT I L.......... ... .. ··········:··:·············· .. Any reference in the Contract Documents to the Architect taking action or rendering a decf· ion with a "reasonable time" or "reasonable promptness" is Widerstood to mean no more than fourteen working d s) yntess"otherwi'se~=,= specified in the Contract Documents or otherwise agreed to by the parties. . l
I I ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and Exhibit B ancfinclude usual and customary structural, mechanical, and electrical engineering services. Services not set fortJfii'lhis ArticleJ.\!1/d Exhibit B are Additional Services. I
§ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, researdh applicable design criteria, attend Project meetings, communicate with members of the Project team and report pr~gress to tbe Owner.
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§ 3.1.2 The Architect shall coordinate its services with those services provided by the Own<f and 'fneUwr/er'sL consultants. The Architect shall be entitled to rely on the accuracy and completeness of se.ViGes.;md .. infoFmation ..... furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or infonnation.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Ownei_;ln<1'1he . Scheduling Consultant a schedule of the Architect's services for inclusion in the Project scheduJe,.-'f'fie s~fof the Architect's services shall include design milestone dates, anticipated dates when cost e'>tlfi.la~~ .. lll' .. d<·.esign r ier· s may occur, and allowances for periods of time required (I) for the Owner's review (2) forth:' p0rfolll1."!'Ce oft e Owner's consultants, and (3) for approval of submissions by authorities having jurisdiction o\>er .. tQe Proj~ct...... 1
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§ 3.1.4 Upon the Owner's reasonable request, the Architect shall submit information to the Scheduling Consultant...._ and participate in developing and revising the Project schedule as it relates to the Architect's services. ··
§ 3.1.5 Once the Owner and the Architect agree to the time limits established by the Project schedule;'tbt..Owner and the Architect shall not exceed them, except for reasonable cause. ,. ··· ... ·· , ,..
j / ···••• \ ......
§ 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution made [wi~out the ~chi~cr;..-..- · approval.
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' I i § 3.1.7 The Architect shall, at appropriate times, contact the goverrunental authorities requitl'd to approve tbe I Construction Documents and the entities providing utility services to the Project In designihg the..Pxqject. theJ ...... . Architect shall respond to applicable design requirements imposed by such governmental aUthorities and by such entities providing utility services.
§ 3.1.8 The Architect shall assist the Owner in connection with the Owner's responsibility for filin~docUifieiiYS required for the approval of governmental authorities having jurisdiction over the Project. ...-·· ,..
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES See attached Exhibit A for description of services . ..
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§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. I · § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, sched~le, ~.Jl~~f!'r th.!' ... <:::!'.!L .. of the Work, Project site, and the proposed procurement or delivery method and other Initi~l Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notifY theOwner·of-tl·)·any···~·····~~·
AIA Document B103'-- 2007. Copyright~· 2007 by The fl_merican lnstit'Jte of Arch1.tects. All rights reserved. WARNING: This AlA., Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduct1on or distribution of this AlA• Document, or any portion of it, may result in severe civil and cr1rrunal penalties, and will be prosecuted to the maximum extent poss1ble under the law. This draft was produced by AlA software at l5:2C:17 on 07/10/2014 under Or-der No.9355Q46073_1 ·,..rhich ex:pires on 03/15/2015, and is r.ot for resale. User Notes:
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inconsistencies discovered in the infonnation, and (2) other infonnation or consulting services that may be reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. r· § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall ~repare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Pro.ipct I:£!!!-R9n"!1t~.: . ., ....... .
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Scp-ematic·Besign· · ·······.,~····· Documents for the Owner's approval. The Schematic Design Documents shall consist of dmwipgs and other documents including a site plan, if appropriate, and preliminary building plans, sections and eldvations; and may include some combination of study models, perspective sketches, or digital modeling. Prelitnin~ry selections of major building systems and construction materials shall be noted on the drawings or describe(l"in writing.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, suchr::~·· aterial ctfi;:qs. and building orientation, together with other considerations based on program and aesthetics, i~ de eloping a f:les'n that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The 0 er may obtain other environmentally responsible design services under Article 4. I •
§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems anb equipmenf,·!ogetlier with other considerations based on program and aesthetics in developing a design for the Pil<>ject.thar is.consistent . with the Owner's schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Cost Consultant. The Architect shall meet with the Cost Consultant to review the Schematic Design Documents. ·••
§ 3.2.7 Upon receipt of the Cost Consultant's estimate at the conclusion of the Schematic Dc·sign P)Jase·,''the . Architect shall tak~ ~ction as required under Section 6.4, and request the Owner's approval.oftlfe8clte.matic D~si~n Documents. lfrev!Slons to the SchematiC Design Documents are reqmred to comply With th~er's lllldgt:tJor re Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate th~reql!ired -· revisions in the Design Development Phase.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES See attached Exhibit A for description of services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner)Anttho~tion of .F·'
any adjustments in the Project requirements and the budget for the Cost ofthe Work pursuant"fo ~.~.£!i.~.n 5:3,, the/,/ Architect shall prepare Design Development Documents for the Owner's approval. The De~ign ,Developq1en' ,r' ,
Doc~ments shall illustrate and describe the development ofth~ approved Schematic Desigrj Dql:uments. a~d sb"!J.····· · · consist of drawmgs and other documents mcludmg plans, secllons, elevatwns, typical construclion details, anqi diagrammatic layouts of building systems to fix and describe the size and character of the Proj<!ct as to ar<fuit'*tural, structural, mechanical and electrical systems, and such other elements as may be ~propriate. The Design I I Development Documents shall also include outline specifications that identifY major materials an~enls and ... establish in general their quality levels. !
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§ 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Cost Consultant. The Architect shall meet with the Cost Consultant torevt~w·the Design Development Documents.
f § 3.3.3 Upon receipt of the Cost Consultant's estimate at the conclusion of the Design Deve\bpll)ent Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's dpprbval of the Design Development Documents.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES See attached Exhibit A for descripti9n oif services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorimiionof" any adjustments in the Project requirements and the budget for the Cost of the Work, the Akhiteet sltalt1""'pare········.,,.· Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the
AIA Document 8103"'- 2007. Copyright tJ 2087 by The Allleric:<>n Ins::itute of Arch~tects. All rights resoarved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA8 Document, or any portion of it, may result 1n severe civ1l and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was p~oduced by AlA software at 15:20:17 on 07/~0/20l4 under Order No.9355046073 __ 1 which expires on 03/15/2015, and is Y!Ct for resale. User Notes:
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further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requireieli"l!l of governmental authorities having jurisdiction over the Proj eel. I i
§ 3.4.3 During the development ofthe Construction Documents, the Architect shall assist~ O~qjn~~···~~-· .. development and preparation of (I) bidding and procurement information that describes th~ time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement he~en the owneramJ~········· Contractor; and (3) the Conditions ofthe Contract for Construction (General, Supplementa a11d other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Con ct for Construction and Specifications and may include bidding requirements and sample forms. '
§ 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall su!jmit;the Construction Documents to the Owner and the Cost Consultant. The Architect shall meet with the Cost domf.Jltant to rFiew the Construction Documents. j j • I
§ 3.4.5 Upon receipt of the Cost Consultant's estimate at the conclusion of the Construction1Dobuments P~ase, the
Architect shall take action as required under Section 6.7 and request the Owner's approval oft!)e Construhion Documents. """"'~"~,,=,,,,_~ ,, , ,
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES See attached Exhibit A for description of services § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (I) obtaining either c~lll¢1tive .. bids or negotiated proposals; (2) confmning responsiveness of bids or proposals; (3) determiniJ!gthe'succ~ssf1!f biH or proposal, if any; and, ( 4) awarding and preparing contracts for construction. ··· ·"" ·
§ 3.5.2 COMPETITIVE BIDDING .• ·oo.. § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Docum~'ilfs·.··
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders, and ,.,....... •. _../ .3 preparing responses to questions from prospective bidders and providing clatification§_ -~d '\ ,;r"'
t ,/ interpretations of the Bidding Documents in the form of addenda. _i r·· . . \ .-··· _..
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents pernfit substitutions, a~d shall prepare and distribute addenda identifYing approved substitutions to all prospective bi!ldets. 1
§ 3.5.3 NEGOTIATED PROPOSALS ............. ! I § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract~?.~~ents .......................... .
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 facilitating the reproduction of Proposal Documents for distribution to prospective 9.ontracttm;ilnd .
requesting their return upon completion of the negotiation process; ,J/ _, .2 participating in selection interviews with prospective contractors; and · .3 participating in negotiations with prospective contractors. ( 1
§ 3.5.3.3 The Architect shall consider requests for substitutions, ifthe Proposal Documents ~eJit substitutions, and shall prepare and distribute addenda identifYing approved substitutions to all prospective contractors.
AIA Docwnent B103""- 2007. Copyright G"J 2007 by The Arner:ican Institute of Architects. All rightt> reserved. WARNING: This AIA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by A:A software at 15:20:17 on 07/10/2014 under Order No.9355046073_1 which expires on 03/15/2015, and is not for resale. User Notes:
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§ 3.6 CONSTRUCTION PHASE SERVICES See attached Exhibit A for description of services § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AlA Document A201 "'--2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AlA Document A20 1-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction meanf, rnj>J:hogs,J~£it!!i~]!~~'-"'' sequences or procedures, or for safety precautions and programs in connection with the W<jrk, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance wiiJI ~·requiremeJIIs·ofthe ······~ ... Contract Documents. The Architect shall be responsible for the Architect's negligent acts To issions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Co tra tor or of any other persons or entities performing portions of the Work. . ....•
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phas~"Setvices comm~.!lces with the award of the Contract for Construction and terminates on the date the Architect issues ~he final Certificate for Payment.
§ 3.6.2 EVALUATIONS OF THE WORK I ! • § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of constructio~ otf as otherwjse . required in Section 4.3.3, to become generally familiar with the progress and quality of the porlioi\"of!he'Work completed, and to determine, in general, if the Work observed is being performed in a manllerindicatin~ .. Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On ~·""' · · the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and qu~.Jity·of .... the portion of the Work completed, and report to the Owner (1) known deviations from the Contract DQCUI!ients a¢··"··· from the most recent construction schedule, and (2) defects and deficiencies observed in the ~grk·"···" ,/" .- ·
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Dllc~~~:ts. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to reqltire.i.t>specfimt.Q[,
1 testing of the Work in accordance with the provisions of the Contract Documents, whether or not su~ork is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in gotld-fai.th 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. .. ......... ,, .?'
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, ancheqtiir~;;,~l\ts of, the . . · / Contract Documents on written request of either the Owner or Contractor. The Architect's respOnse to su~h re4uests' shall be made in writing within fourteen (14) days of receipt of such request. I
I ! l 1 j
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of ~djreasonabiY: intfrable from the Contract Documents and shall be in writing or in the form of drawings. When m~ingj.suchinlel$retluioos and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rerl"dere(!llq;oo'tl fai!ll':Tir<f"" Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. , """"
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Deql~i~"~,:aker, as that · term is defined in AlA Document A20 I -2007, the Architect shall render initial decisions on" CI'fms between the Owner and Contractor as provided in the Contract Documents. · r
§ 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR I ; § 3.6.3.1 The Architect shaJJ review and certify the amounts due the Contractor and shall is~e q~ificatesi~ ~!!.<ih •. amounts. The Architect's certification for payment shall constitute a representation to the 9:"er, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the€en!ractor•,....~ ..... Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
AIA Document B103"'- 2007. Copyright :r 20C7 by The Amer-ican Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treat1as. Unauthorizad reproduction or distr1bution of this AIA" Document, or any portion of it, may result in severe c1v1l and criminal penalt1es, and will be prosecuted to tha maximum extent possible under the law. This draft. was produced by AlA software at 15;20:17 0:1. J?/10/2814 '-l:J.der Order No.9355046073_1 w~ich expires on 03/1S/2'J15, and is not for resale. User Notes:
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progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (I) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Docwnents prior to completion, and ( 4) to specific qualifications expressed by the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the ArcJml;\'1 has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(~) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions r· cei~ed from Subcontractors and material suppliers and other data requested by the Owner to substantial th~ .. S::.2.!!!T .. ~~t~r'Hi£!l .. U2. ........... .. payment, or (4) ascertained how or for what purpose the Contractor has used money previo sly paid on account of the Contract Sum. r~-......... . . . ................. . § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payn\entl
§ 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with !"• approved *bi1\ittal schedule or, in the absence of an approved submittal schedule, with reasonable promptnesslwhjle allowing sufficient time in the Architect's professional judgment to permit adequate review. j I
§ 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall ;evii:w and ap~ro't or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product'D'araanil'Samples, but only for the limited purpose of checking for conformance with information given and t:Jle.design concept...~········ expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment , ........... · or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of s<lfetf" precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indic .. 'lle'llllp~ovaLof·an assembly of which the item is a component. ""'::::.:,.... •" •·
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professionll1.desi&!'";ervices or certifications by a design professional related to systems, materials or equipment, the Architect shali"Spec,ity the appropriate performance and design criteria that such services must satisfY. The Architect shall review sho'p"" drawings and other submittals related to the Work designed or certified by the design professional retained by the · Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications andappro~ performed or provided by such design professionals. .. .... \, . ... .., ·. .·
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§ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to tequests for in{ordfation about the Contract Documents. The Architect shall set forth in the Contract Documents the ~eqilirements fur r~uests for information. Requests for information shall include, at a minimum, a detailed written stf.te~ent that initic~es the specific Drawings or Specifications in need of clarification and the nature of the clarificatiQn reques.ted. The I Architect's response to such requests shall be made in writing within any time limits agreeq upPJJ., .. Pr . .uthl:l'wiSI:.with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by t~J~:.,Gontractorin ..... accordance with the requirements of the Contract Documents. ··"""" ...
/
§ 3.6.5 CHANGES IN THE WORK . § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with tlf intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension ofthe C1ntract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction ~hrujge Directives for the Owner's approval and execution in accordance with the Contract Docwnents. · L., .. ., .... .,. . ............... .,.,.,, ...
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
AlA Document 8103""- 2007. Copyright@ 2007 by The Aroerican Institt:.te of Architects. All rl.qhta reserved. WARNING: This AlA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA• Oocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the Jlla:)[imum extent possible under the law. This draft was produced by A:A software at 15:20:17 on 07/10/2014 under Order No.9355046073_1 which exp1.res on 03/15/20:5, and is not for r-esale. User Netas:
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§ 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformal)ce requirements of the Contract Documents and to verifY the accuracy and completeness of the lis submitted by the Contractor of Work to be completed or corrected.
§ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform t e OF.erabout'the balance of the Contract Sum remaining to be paid the Contractor, including the amount to e retained from the Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from e Contractor: ( I) consent of surety or sureties, if any, to reduction in or partial release of retain age or the makmg of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifYing the Owner against iens; and (3) y ther documentation required of the Contractor under the Contract Documents. I § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date o Substantial mJ ietion, the Architect shall, without additional compensation, conduct a meeting with the Owner to rev·ew the facilitY, ''------..., operations and performance.
ARTICLE 4 ADDITIONAL SERVICES See attached Exhibit C for description of services § 4.1 Additional Services listed in Exhibit Care not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in Exhibit Cas the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the tablf}.)Jelow. In the tjlir column indicate whether the service description is located in Section 4.2 or in an attached aib!!,;.Jf.,;n'On exhibit, identify the exhibit.) <--...,
~ Services Responsibility Location of Service Descriptio~
(Architect, Owner (Section 4.2 below or in a:~ or attached to this document an
Not Provided) identified below)
I I I I I
...........
)
I I fj I I
I
I
.,\
I I
I ,_ AVo Document 8103"' - 2007. Copyright C> 2007 by The American Institute of Architects . All righto reserved . WARNING: Thia AIA0 Document is protected by U.S. Copyrioht Law and International Treaties. Unauthorized reproduction or diatribution of this AlA• Document, or any portion of it, may r eault in severe civil and criminal penalties, and will be prosecuted to the maximum extant poaaible under the law. This draft was produced by AlA software at 15:20:17 on 07/10/2014 under Order No.9355046073_ 1 which expires on 03/15/2015, and is not for resale . User Notes:
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il
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§ 4.2 Insert a description of ea ch Additional Service designated in Section 4 .1 as the Architect' responsibility, if not further described in an exhibi t attached to this document.
r« »
§ 4.3 Additional Services may I
be provided after execution of this Agreement, without invahdating the Agreement. Except for services required d ue to the fault of the Architect, any Additional Services providedlin accordance with
the Architect to compensation pursuant to Section 11 .3 and an appropriate adjustment in this Section 4.3 shall entitle the Architect's schedule.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect all notif)l th Owner nd explain the facts and circumstances giving rise to the need
1 The Architec shall not
mg services until the Architect receives the Owner's written auth~rization: I with reasonable promptness a proceed to provide the follow·
sitated by a change in the Initial Information, previous instruclio"f or appr~1 als g iven .1 Services neces by the Owner, complexity, th
or a material change in the Project including, but not limited to, s ze uali!Y, I.._ ____ _, e Owner's schedule or budget for Cost of the Work, or procurement or delivery
method, or bid packages in addition to those listed in Section 1.1.6; .2 Services neces sitated by the Owner's request for extensive environmentally responsible design
alternatives, su ch as unique system designs, in-depth material research, energy modeling, or LEED® certification;
.3 Changing or ed iting previously prepared Instruments of Service necessitated by the e_wwtment or revision of cod es, laws or regulations or official interpretations;
.4 Services neces of performance
sitated by decisions of the Owner not rendered in a timely rna e~
on the part of the Owner or the Owner's consultants or con ctors; .5 al data for transmission to the Owner's consultants and contractor , Preparing digit
authorized reci pients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner; .7 Preparation for .8 Preparation for
the Architect is .9 Evaluation oft .10 Consultation c
or .11 Assistance to
, and attendance at, a public presentation, meeting or hearing; ~ , and attendance at a dispute resolution proceeding or legal proc dlng,eXce t where party thereto; ~
he qual ifications of bidders or persons providing proposals; f ' oncerning replacement of Work resulting from fire or other ca'use during co truf o ;
§ 4.3.2 To avoid delay in the
the m;t;al Dec;s;on Make,, ;r othe' than the A.-ch;tect. I I Construction Phase, the Architect shall provide the following dditional Se ice , ---....., able promptness, and explain the facts and circumstances giving rise to the need. Ift;;;.;h...;.e __ __. notify the Owner with reason
Owner subsequently determin es that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect , and the Owner shall have no further obligation to compensate the Architect for those services:
.1
.2
.3
.4
Reviewing a C ontracto,•s subm;ttal out of sequence from the subm;ttal sched~y the
the Contractor's requests for information that are not prepared in j{ccordance with the ments or where such information is available to the Contracto frdm a careful study
Architect; Responding to Contract Docu and compariso n of the Contract Documents, field conditions, other Owner-p ov~ded information,
pared coordination drawings, or prior Project correspondence or documentation; Contractor-pre Preparing Cha proposals and s Evaluating an
nge Orders, and Construction Change Directives that require ~valuation of.Contractor-' upporting data, or the preparation or revision of Instruments bf Service;
extensive number of Claims as the Initial Decision Maker; '-- ----------'
AlA Document Bl03"' - 2007. Copyr ioh t C> 2007 by The American Ins titute of Architects. All riohta reserved. WARNING: Thu AlA• Document ia International Treaties . Unauthorized reproduction or distribution of this AtA• Document, o r any civil and criminal penalties , and will be proseeut.d to the maximum extent possible under the law .
ware at 15:20 : 17 on 07/10/201 4 under Order No.9355046073_1 which expires on 03/15/2015, and is not Cor
protected by u .s. Copyrioht Law and portion of it , mAY result in severe This draft was produced by AlA soft resale. User Notes:
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.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or
.6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (I) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initiallnformation, whichever is earlier.
§ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forthoelow as Additional Services. When the limits below are reached, the Architect shall notify the Owner: I
.1 ~<Two» ( 2 » ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor
.2
.3
.4
{ Fifteen_>) ( « 15 »)visits to the site by the Architect over the duration ofthle Project during constructiOn 1. { e » ( « 1 >)) inspections for any portion of the Work to determine whether srch portion of the Work is substantially complete in accordance with the requirements of the dontract Documents '< One» ( d >>) inspections for any portion of the Work to determine final qompletion
§ 4.3.4 Unless caused by Force Majeure event(s), if the services covered by this Agreement aYF not been completed by April I, 2016, through no fault of the Architect, extension of the Architect's services be ond that time sha I be compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide informatioq in a timely manner regarding requirements for and limitations on the Project, including a written program whi~f shatl set fOrth the -----, Owner' s objectives, schedule, constraints and criteria, including space requirements and relationships, tkxibility, -----' expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall furnish the services of a Scheduling Consultant that shall be responsiblejo overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the PJ'O'j'ect
§ 5.3 The Owner shall establish and periodically update the Owner's budget for the Project, mtiu ing ( dget for the Cost of the Work as defined in Section 6. I; (2) the Owner's other costs; and, (3) reasonable c ti~ncies~ related to all of these costs. The Owner shall furnish the services of a Cost Consultant that shall be responsffile fo preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project' s scop id qu "ty.
§ 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides f bep~ also ies with it associated risks. Such risks include the Owner incurring costs for the Architect to coord'""ate and redeSigi'! portions of the Project affected by procuring or installing elements of the Project prior to ~e completion o all relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in e budget or the Project sufficient contingencies to cover such costs. l § 5.4 The Owner shall identify a representative authorized to act on the Owner' s behalf with respec o e roject. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. -
§ 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations a (I utjJitYfocations for the site of the Project, and a written legal description of the site. The surveys and legal infognaf6n shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structui-es; esignated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed res~icti ns, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings other improvements and trees; and information concerning available utility services and lines, both public and p iv e above and below grade, including inverts and depths. All the information on the survey shall be referenced t a Project benchmark.
Al A Documen t 8103"' - 2007 . Copyri ght C> 2007 by The 1\merican Institute of Architects . All r ights reserved . WARNI NG: This AIA0 Document is protected by U.S. Copyrioht Law and International Tr e ati es . Unauthorized reproduction or diatribution o f this AIA• Document , o r any portio n ot it, may reault in sev e re civil and cri minal penalti ea , and will be prosecuted to the maximum ex tent poaai ble under the law . This draft was produced by AIA software at 15:20:17 on 07/10/2014 under Order No.9355046073_1 which expires on 03/15/2015, and is not for resale. Uaer Notes:
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§ 5.6 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.7 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the 'C'Mtracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants ot'er th.· an those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, whep the Architect requests such services and demonstrates that they are reasonably required by the scope ofthe Project. T~~ Q~~l!... . ............... ~ require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the ' services provided.
§ 5.8 The Owner shall furnish tests, inspections and reports required by law or the Contractjnociuments, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for h"-t!!!.d.pus materials.
§ 5.9 The Owner shall furnish all legal, insurance and accounting services, including audit1g1'""rvices, tha.! .. !:!?.~. y be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1
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§ 5.10 The Owner shall provide prompt written notice to the Architect if the Owner becom+ •'fare of an)l fa1'lt or defect in the Project, including errors, omissions or inconsistencies in the Architect's lnslents of Service.
§ 5.11 Except as otherwise provided in this Agreement, or when direct communications have bee'fl'speCially ............... · authorized, the Owner shall endeavor to communicate with the Contractor and the Architect.'.s consultanlsthr~ ....... the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services.
§ 5.12 Before executing the Contract for Construction, the Owner shall coordinate the Architect's dutie,S.atrd .. responsibilities set forth in the Contract for Construction with the Architect's services set forth in -thiS"' Agr.~.em(1nt. , The Owner shall provide the Architect a copy of the executed agreement between the Ownef'and<;.ontractor, · · including the General Conditions ofthe Contract for Construction. 1., · ...
............. """· § 5.13 The Owner shall provide the Architect access to the Project site prior to commencement of the Work ,.;;d shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progre;s~'..... · .........
1 "·•--, . , , "''"~ I
.cj § 5.14 Any reference in the Contract Documents to the Owner taking action or rendering a decision within a "reasonable time" or with "reasonable promptness" is understood to mean no more than fourteep,(i4}-wo.r,king days, unless otherwise specified in the Contract Documents or otherwise agreed by the parties. /" .......... . \\ ....... ..
... ~ •' J
r l " I \ / ARTICLE 6 COST OF THE WORK ' t' I ,. / § 6.1 For purposes ofthlS Agreement, the Cost of the Work shall be the total cost to the Owner to construqt all/ elements of the Project designed or specified by the Architect and shall include contractors' geheral condition/; costs, overhead and profit. The Costofthe Work does not ~nclude the compensation of the Archi;bct,jthe. costs ol'th¢ land, nghts-of-way, financmg, contmgene1es for changes m the Work or other costs that are the ~sponsiliilicy . .olfthe ............... . Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner's budget for·lhe·ccrsruftlle., Work represent the Architect's judgment as a design professional. .... '·
§ 6.3 The Owner shall require the Cost Consultant to include appropriate contingencies for~esigfi: bidding or negotiating, price escalation, and market conditions in estimates ofthe Cost of the Work. T e ;lrchitect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the . ostiConsultant prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Addiliiondl Service, revisions to the Drawings, Specifications or other docmnents required due to the Cost Consultant's il\acc!!~i~.~ .. ~ ............................... . incompleteness in preparing cost estimates. The Architect may review the Cost Consultant'!; estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the·Ownerflll)'fflftterial .. ···~ ..... inaccuracies and inconsistencies noted during any such review.
AIA Document 810:3- 2007. Copy::ic:ht <l::· 2007 by The American I::Jstitute of Architects. All r1qhts reserved. WARNING: Tins AIA., Document 1a protected by u.s. copyright Law a~d International Treaties. Unauthorized reproduction or d1stribution of this AIA• Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA sofc.ware at ·.s:20:17 on 07/lC/2014 under Order No.9355046013_1 which expires on 03/15/2015, and is not for resale. User Notes:
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§ 6.4If, prior to the conclusion ofthe Design Development Phase, the Cost Consultant's estimate of the Cost ofthe Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Cost Consultant, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5Ifthe estimate ofthe Cost of the Work at the conclusion of the Design Development Plias~ exceeds the Owner's budget for the Cost of the Work, the Owner shall [
.1 give written approval of an increase in the budget for the Cost of the Work; 1
.2 in consultation with the Architect, revise the Project program, scope, or quality ll~}·eJI.!!!Le~,r~.!!\!2.~. the Cost of the Work; or
.3 implement any other mutually acceptable alternative.
§ 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additionat compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification ofthe Construction Documen1:S'sball be the limit of the Architect's responsibility as a Basic Service under this Article 6. ·
1~ '1
§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Add,ionpl Service m~e any required revisions to the Drawings, Specifications or other documents necessitated by substquQnt cost es . males that exceed the Owner's budget for the Cost of the Work, except when the excess is due to chates[initiated .~ lhio Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipm t. ··· · ··········· ....... ..
...... .. . . ........................ . ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect warrants that in transmitting Instruments of Service, or any other information, the Architect is ............... 1
the copyright owner of such information or has permission from the copyright owner to transmit such informa.tion .. "' ... .t for its use on the Project. The Owner warrants that in transmitting any information or documents to be ]Jtili:Zed in the· ...... Instruments of Service, that the Owner is the copyright owner of such information or has peiTI!i:.sitrtf'from.Jbe·.. , copyright owner to transmit such information for its use on the Project.§ 7.2 The Architect Elhd ~teet's · consultants shall be deemed the authors and owners of their respective Instruments of Servife, ~the Drawings and Specifications, and shall retain all common law, statutory and other reserved ri!\llts.,i,!'clulling . copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirement&.f!~ for similar purposes in connection with the Project is not to be construed as publication in derogation of the rese!'ved . rights of the Architect and the Architect's consultants.
§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive lice!""·to use.l.l(e . Architect's Instruments of Service solely and exclusively for purposes of constructing, usin&;·'inai';'t\;ining, ll,lterii)IV and adding to the Project, provided that the Owner substantially performs its obligations, intludifig proin\)t P¥l¢ient,,... of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusi'{e licenses from tiM , .. ······· Architect's consultants consistent with this Agreement. The license granted under this sectipn ~Permits the OW?er to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment Sl1J'Pllers, as w7£1 as the Owner's consultants and separate contractors, to reproduce applicable portions ofthe lnstrttmepts ofSe ce 'i"Jely and exclusively for use in performing services or construction for the Project. If the Architect rightfully. inates ...... this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 ~hall terminate.
"""' .... ~ ................... .
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes gJ .. aetiO!l'l!l'ising from such uses. The terms of this Section 7.3. I shall not apply if the Owner rightfully termina\es''this A,greemen!,for cause under Section 9.4. -" ,//r~ "",, ';'\
\ § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied I
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise·.· tr;"nsfer an.y. lic·e· n.se granted herein to another party without the prior written agreement of the Architect. Any UJj.aut orized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architeqt a .J!!.~ ... ~chite~t'..~ .. consultants.
ALA Document BlO~- 2007. Copyright© 2007 by The Amerlcan Institute of Architects. All riqhts reserved. WARNING: Th~s AIAB Document is protected by U.S. Copyright Law and International Treaties. Unauthor~:oo:ed reproduction or distribut~on of th~s AIA"' Docll!llent, or any portion of 1 t, may result in severe c1vil and cri~nal penalties, and will be prosecuted to the max1mum extent possible under the law. This draft wac; produced by }UA software at 15:20:17 on 07/l0/2014 u:1der OJCder No.9355046073_1 whic!l expues on 03/15/2015, and is not for resale. User Notes:
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ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1 .1
§ 8.1 .2 To the extent damages are covered by property insurance, the Owner and Architect aJ e all rights against each other and against the contractors, consultants, agents and employees of the other for dam es exce t such rights as they may have to the proceeds of such insurance as set forth in AlA Document A201 - 2007, General j Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, sh II require ofthe contractors, consultants, agents and employees of any of them similar waivers in favor of tHe o er parties enumerated herein.
§ 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and emploJees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent ac or omissions of the Architect, its employees and its consultants in the performance ofprofessi na1 services ~nd this Agreement. The Architect's duty to indemnify the Owner under this provision shall be lim ' ed lo the avai abl proceeds of insurance coverage.
§ 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other rna ers in question I arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation;-t<>-all consequentiaJ____J damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 MEDIATION _... p § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall b l1t5ject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is ~ect~a1ien arising out of the Architect's services, the Architect may proceed in accordance with applica e Ia to~ply wi the lien notice or filing deadlines prior to resolution of the matter by mediation or by bindi g d1spute~.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in ques lon etween ~ them by mediation which, unless the parties mutually agree otherwise, shall be administered pursuant to the outh Carolina Alternative Dispute Resolution Rules. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may b~ made concurrently with the filing of a complaint or other appropriate demand for binding dispu resolu 'on but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, w 'ich shall be s yed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer er'o1f by a~ee~e of the parties or court order. !fan arbitration proceeding is stayed pursuant to this section, the es may ndretHeles proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings /
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation hall be held i¥ the place where the Project is located, unless another location is mutually agreed upon. Agreements reached.in..mediatidn shalL be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: ~
(Check the appropriate box. If the Owner and Architect do not select a method of binding disp)lt£resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than /it~atio ; the disputi";;;l be resolved in a court of competent j urisdiction.)
[ 1 t] Arbitration pursuant to Section 8.3 of this Agreement
[ 1 t ] Litigation in a court of competent jurisdiction
[eX t] Other (Specify)
AlA ~nt 8103"' - 2007. Copyright C> 2007 by The Ameri can Institute o! Architects . JU1 rights reserved. WARNING: Thu AIA0 ~nt is protected by U.S . Copyright Law and International Treaties. Unauthorized reproduction or diatribution ot this AlA• Document, or any portion of it, may result in severe civil and c riminal penalties , and will be prosecuted to the maximum extent poaaible under the law . This draft was produced by Ail\ software at 15:20:17 on 07/10/2014 under Order No.9355046073 1 which expires on 03/15/2015 , and is not for resale . -Uaer Notea :
17
«Failure ofnon-b~ mediatio Liti~on to follow »
§ 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration ules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the othe party to this Agreement, and filed with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or eq ita~e proceedings"'-based on the claim, dispute or other matter in question would be barred by the applicable statute of li itations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity adm i istering the arbitration shall constitute the institution of legal or equitable proceedings based on the clai.m, ispute or other matter in question.
§ 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accord~ce with applicabl law in any court having jurisdiction thereof.
§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upo it in accordance with applicable law in any court having jurisdiction thereof.
§ 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (I) the arbitration agreement governing the other arbitratio permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions gj:Ja or fact· and (3) the arbitrations employ materially similar procedural ru les and methods for selecting ar),itratO"""~
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities subst nti~olved in ~ common question of law or fact whose presence is required if complete relief is to be accor ed i arbitratio ~ provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration 'n lving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in estion not described in the written consent.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration c ducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidatio as the Owne ~d Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION I ( § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreeme t, such failur considered substantial nonperformance and cause for termination or, at the Architect' s opti n, ause for s spepsion of performance of services under this Agreement. If the Architect elects to suspend service~, t~e..AJ:chitec shalLgL~ seven days' written notice to the Owner before suspending services. ln the event of a suspersion of services, the n___j Architect shall have no liability to the Owner for delay or damage caused the Owner because ofsueh suspenSi n of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for ~emainin services and the time schedules shall be equitably adjusted. ;r ~
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services perfo~C.r to notice of such suspension. When the Project is resumed, the Architect shall be compensated for experse incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining ervices and the time schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' ~itten notice-. --
AlA Docwnent 8103"' - 2007. Copyright C> 2007 by The American Institute of Architects. All r i ghts reserved. WARNING: This AlA• Document io protected by u.s. Copyright Law and International Treatiea . Unauthorized reproduction or distribution of thia A~· Document, or any portion of it, may result in seve r e civil and c riminal penalties, and wil l be prosecuted to the maximum extent poaaible under the law. This dra!t was produced by AIA software at 15:20:17 on 07/10/201 4 under Order No .9355046073_l which expires on 03/15/2015, and is not for resale. User Notea:
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§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the tennination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compeJisat¢d for services perform~d prio; to termination, together with Reimbursable Expenses then due and all Te1' in.jtion Expenses as.
defined m Sectwn 9. 7. h. ·············~ ••••••••••••
§ 9.7 Termination Expenses are in addition to compensation for the Architect's services an4 inclnde·expenses·· directly attributable to termination for which the Architect is not otherwise compensated, p]us an amount for the Architect's anticipated profit on the value of the services not performed by the Architect.
§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9.
ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 The Agreement, any dispute, claim, or controversy relating to the Agreement, and al obligations ofthe parties shall, in all respects, be interpreted, construed, enforced and gove laws of the State of South Carolina, without regard to its choice of law rules ..
' § 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A:ful~Oo:l,.Oeneral Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal if'"'.
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement wiJ:]lout'lhe ,,• ·
the Project tfthe lender agrees to assume the Owner's nghts and obhgattons under thts A,e~~!!:i· . · ' written _con~ent of the other, except that the Owner may assign this Agre_ement to a lender pr~.~jdi.ng. · fln~~_s.ingror l § 10.4 Ifthe Owner requests the Architect to execute certificates, the proposed language of s\i'Ch·c~rtific'ates.sJJ@I b submitted to the Architect for review at least fourteen (14) days priorto the requested dates of execution,Jfthe · .. Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, ~~-•.. Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is· submitted to the Architect for review at least fourteen ( 14) days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibjlities be)l.ond the . . :'' '\, ,/ scope ofthts Agreement. / _ "' " ,~""'
I /'' \ f'
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a taule of action inVavor'_.. .. ·· of a third party against either the Owner or Architect. i 1 ./'
l I \ ' § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibil\h' tpr the disc<jvery, presence, hand1ing, removal or disposal of, or exposure of persons to, hazardous materials Or t~.substarlces. . .i.a~~""" form at the Proj eel site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be giverveasort111l~~access to the completed Project to make such representations. However, the Architect's materi.~l!i···;haii,IJQ.t.incl!!sl~ the Owner's confidential or proprietary information if the Owner has previously advised the Archjt<(ct in writing ol' ... , the specific information considered by the Owner to be confidential or proprietary. The Owner sliall provide \
\, professional credit for the Architect in the Owner's promotional materials for the Project. I ' § 10.81fthe Architect or Owner receives information specifically designated by the other phcylas "confidential" or 1
"business proprietary," the receiving party shall keep such information strictly confidential and' sh~J.L!!.9t~!~~~~se iL~~····.J 1
to any other person except to (I) its employees, (2) those who need to know the content of ~uch information in order I to perform services or construction solely and exclusively for the Project, (3) its consultants·>md"contractors .. whose··~~ ........ contracts include similar restrictions on the use of confidential information, or ( 4) except as required by law ..
1>JA Document 6103""- 2007. Copyn.ght ·tl 2007 !::y The A.."'Uericar. Institute of Arcl'.itects. All riqhts reserved. WARNING: This JUA• DoCUI!I&nt is protected by U.S. Copyright La..- and International Treaties. Unauthori"ed reproduction or distribution of this AIA8 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA so:tware 01t 15:20:17 on 07/10/2014 t:nder Order No.9355046073_1 which expires on 03/15/20~5, and is not for resale. User Notes:
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ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.)
«See Exhibit D for com nsation »
§ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods_g[ compensation apply.)
§ 11.3 For Additional Services that may arise during the course of the Project, including tho e der Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.)
))
§ 11.4 Compensation for Additional Services of the Architect's consultants when not inclu ed · 11.3, shall be the amount invoiced to the Architect plus« Five)~ percent ( «5 )) %), or as o e
§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows:
Schematic Design Phase percent ( Design Development percent ( Phase Construction Documents (( -five )) percent ( Phase Bidding or Negotiation « five)) percent ( Phase
« fifteen )) percent (
~ Construction Phase
Total Basic one hundred percent ( Compensation
The Owner acknowledges that with an accelerated·Project delivery or multiple bid package pr ess, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect s~all be permitt d t invoice monthly in proportion to services performed in each Phase of Services, as appropriate.
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portio s of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payaOie o e extent services are performed on those portions, in accordance with the schedule set forth in Section I 1.5 based on (I) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most it'estimat~o the Cost of the Work for such portions ofthe Project. The Architect shall be entitled to compe ation in accQr ance with this Agreement for all services performed whether or not the Construction Phase is co en d:
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, jf y, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consu1tan s' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.)
«See Attached Exhibit G))
AIA Document 8103"' - 2007. Copyr i ght c 2007 by The Ame r ican I nstitute o! Architects . All riohta reserved. WARNING : Thia AlA" Document is protected by U.S. Copyriqh t Law and International Treaties. Unauthoriz.ed reproduction or distribution of this AIA• Document, or any portion ot it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t he law. This d r a f t was produced by AIA sof t ware at 15 : 20 : 17 on 07/10/201 4 under Order No . 9355046073_1 which expires on 03/15/2015, and is not for resale . User Notes:
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Employee or CategC?!Y.-~--------.... Rate
§ 11.8 COM PEN SA TION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly re lated to the Project, as follows:
.1 Transportation and authorized out-of-town travel and subsistence; l
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation ateria ls-requested b~y----' the Owner;
.9 All taxes levied on professional services and on reimbursable expenses; u
.1 0 Site office expenses; and
§ 11.8.2 For Reimbursable Ex enses the comr.ensation shall be the expenses incurred by th Architect's consultants plus «ten» percent ( (<10 >, %)of the expenses incurred.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
hitect and the n If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect te inates t~is Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the tw er's conti ue use of the Architect's Instruments of Service solely for purposes of completing, using and maintai ing ffie roJect as ----., follows: ----'
«NIA » __ _
§ 11 .10 PAYMENTS TO THE ARCHITECT § 11 .10.1 An initial payment of «zero»($ ((().00 >~) shall be made upon execution of this Agree e and i minimum payment under this Agreement. It shall be credited to the Owner's account in th
§ 11 .10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion o service Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid «thirty »"(; ~<30 > ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal r prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.)
§ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to imp9se ~penalty o liquidated damages on the Architect, or to offset sums requested by or paid to contractors for tl:ie cost of chang s in the Wock unless the ArehH.ct agcees oc hru; been found liable foe the amounts ;n a b;ndffig ;, lute cesolutr proceeding. L § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, a d services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ____ _.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS § 12.1 Special terms and conditions that modify this Agreement are as follows:
(( ))
ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner a d t e Architect and supersedes all prior negotiations, representations or agreements, either written or oral. ThisAg eement may be amended only by written instrument signed by both Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents listed below:
AIA Document 8103"' - 2007 . Copyright C 2007 by The 1\merican Institute of Architects. All rights reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treatiea . Unauthori zed reproduction or diatribution ot thia AtA• Doeumant, or any portion of it, may reault in severe civil and criminal penalties, and will be prosecuted to the maximum extent poaaible under the law. This draft was produced by AIA sof tware at 15:20:17 on 07/10/2014 under Order No .9355046073 1 which expires on 03/15/201 5, and i s not for resale . -User Notes:
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.1 AlA Document B I 03TM.-2007, Standard Form Agreement Between Owner and Architect This Agreement entered into as of the day and year first written above.
OWNER
{Sis_natur!) « ))(( » (Printed name and title)
ARCHITECT
(Printed name and title)
AlA Document Bl03"'- 2007. Copyri ght C> 2007 by The American Institute of Architects . All riqhte reserved. WARNING : This AlA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thi e AlA• Document , or any portion of it, may reaul t in severe civi l and criminal penal ties, and will be prosecuted to the maximum extent possible under the law. Thi s draft was p roduced by AIA softwa re at 15 : 20 :17 on 07/10/2014 under Order No . 935504607 3_ 1 which expires on 03/15/2015, and i s not for resale. User Notea :
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Columbia SC Ballpark EXHIBIT A DESIGN PHASE DELIVERABLES AND PROCESS
A. DESIGN REVIEW AND CONFORMATION
1. The Architect shall meet with the City and Tenar{t Team to review the design documents previously provided under ~ separate contract. Modifications will be made as necess~ry iand distributed to the City and Team for approval. This informa~ionwurrorm~e basis of the Schematic Design deliverables.
B. SCHEMATIC DESIGN
1. The Architect shall work with the Construction NJanager to identify budgetary constraints and review with t6e p. ity an~ T~am. Any inconsistencies between program requirem~nts and Jludget limitations will be identified.
1 1 1
2. The Architect shall prepare and submit material~, a'uenaJee~ngs and make presentations required to obtain City amEI~eamdesign · approval.
3. As a result of (1) above, prepare schematic design studie~.#/ · .. resulting in a design concept. The Architect;>hatfprmref schematic design documents including the followi'!!t · 1
a. Plans -1/8" or 1/16" scale Floor Plans 1) Showing space relationships 2) Identification of rooms/spaces with area noted 3) Identification of mechanical spaces 4) Overall dimensions / 5) Roof plans showing equipmenf1optti0f1, .
access, drainage and pitch . i 1
6) Identification of proposed struct~r~l systems i
b. Elevations i I 1) All exterior elevations showing 'nestratiol'l 2) Material identification and color · 3) Interior elevations of special spaces 4) Building perspective drawings
c. Sections 1) Building section 2) Typical wall sections to show materials,
relationships and constructil~n intent
d. Site Plan I b.
1) Ballpark location and orientation
AIA Document B103""- 2007. Copyright© 2007 by The American Institute of Architects. All n.qhts reserved. WARNING: This AlA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthor1Zed reproduction or distribut1on of this AIA"' Document, or any portion of it, may result in severe civil and cnminal penalties, and will be prosecuted to the max1mum extent possible under the law. This draft was produced by A.IA software at 15:20:17 on Ol/10/2014 under Or-der No.9355046073_1 which expires on 03/15/2015, and is not. for-resale. User Notes:
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2) Walkway and hardscape
e. Narrative Specifications 1) Proposed Mechanical and Structural system
descriptions 2) Special systems descriptions f~~~
3) Proposed materials descriptions I f. Construction Cost Estimate - If estimat~ is notWithln~-~~~~, ,,
Items shall be identified~~:~~~~~ bring cost down to budget for rkj~~~~d approval. The cost estimate shall be performed by the Constru~ti n Manager or Estimator and submitted with the schematic drawings. •,,,,,,,,,,
c.
, '""''I
g. Code Analysis - Identify occupancy and ~s~. Proj]ose strategies for exiting and egress. ldentil!y unique code conditions.
4. After completion of the schematic design, Archi(ectsftaH~ubmi~ schematic design review sets to the City and Team.,,~~,~,,~,.~, .. ,,,,,,
5. The design team, including consultants, will participate in revie\'l($ of schematic design documents with the City and Team. ,,
DESIGN DEVELOPMENT
1. Based on the approved SCHEMATIC DESIGN, th~)trsbi~~ChhBIII prepare design development documents sufficiently anno1a~ ,,,,, and detailed to adequately convey the size and character of the , project and further define the finish materials, structural, mechanical, electrical and any special systems. ln.,additiof1, color boards of room finish materials will also be present~P.-J:.he' ,/'' Design Development submittal shall include the following\
a. Plans -1/8" = 1'-0" scale unless noted I I I i 1) Floor plans showing partition,!doors,
windows and columns 2) Enlarged plans at Y." = 1'-0" stai!Ulf~ecial~, ..
areas. 3) Enlarged toilet room plans at Y." = J~.O~' scale.
showing ···· fixtures and accommodations for the disabled / ,.
4) Reflected ceiling plans showin'g l(ghting layout and mechanical diffusers I ,
• !
5) Roof plan(s) showing equipm~ntj drain, and hatches
6) Mechanical plans showing main (primary) duct distribution and equipment scneiJules ~··~~'''
AIA Document 8103""- 2007. Copyright t) 2007 by The American Ins<:.i':ute of Architects. All rights reserved. WARNING: This ArA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA• Document, or any port~on of it, may result in severe civ~l and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:17 on 07/~0/2014 under Order No.9355046073_1 which exp1res on 03/15/2015, and is not for resale. User Notes:
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7)
8)
9)
10)
Structural plans(s) showing major framing members and columns, column grid, typical floor and roof construction details, and design live and dead load calculations
Electrical plans showing power distribution, fixture and equipment schedu!i!l
Plumbing plans showing plumbif1g !fixture and equipment schedule, water, w ste and vent riser diagrams with pipe sizes
Foundation plan, with footing an f!'ttAdatien sizes, reinforcing and elevatiohs
b. Elevations -1/8" = 1'-0" scale 1) Same elevations as called forf:· ~chematic
Design phase, but showing (i entifying)[alll materials, colors, light fixture , lctuvers, 'ro~f mounted equipment, penthouse~, downspctuts, etc I · ·
2) Interior elevations of special areasdftterior· elevations shall show all matel:ials .. and.~ ... pertinent vertical dimensions.
c. Sections 1)
2)
3)
d. Site Plan
/ .. Typical section through solid ext~.i.Mwallsat' '!."= 1'-0" scale ~· .... ·······•····· : Typical exterior wall section t rotitiit ... · window/store front construction t ~ =·t'.O". Wall sections shall show materials, bond·, .. beams, lintels, flashing, masonry coursing, · beam bearing, roof construction, sill and head conditions and floor foundation .connectton Cross section and longitudinaliBujlding \ ,/ sections at 1/8" = 1'-0" showirfg !!()of an'EJ floor.. · construction, ceiling height and {najor d .. ct// space I · ·
In addition to Schematic Design information, provide: 1) Grading and drainage 2) Utility service entrance points ... 3) Site lighting; including submittaJ.Of ligbtfaxtur.:~
4) cut sheets . · , ·· Pavement sections, pedestria? w~lkways, apron access ways, and similar imprpvements
I e. Outline Specifications
1) Supplementary General Conditions and Project Proced~res (provided by others)
AIA Document B103"" - 2007. Copyright o 2007 by 'l'he American Institute of An::hi tects. All riqhts reserved. WARNING: This ArA• Document is protected by U.S. Copyright Law and International ~reaties. Unauthorized reproduction or distribution of this AlA• Document, or any portion of ~t, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Thi5 draft was prod·.1ced by AlA softwar-e at 15:20:17 on 07/10/20:4 under Order No.9355046013_1 which exp~res on 03/15/20~5, and is not for resale. User Notes:
25
D.
2) Index of final specifications 3) Technical specifications 4) General baseball specific requirements
f. Construction Cost Estimate- If the estimate is not within budget, items shall be identified that w]"l i'ing cost down to budget for review and approval. The ost estimate shall be performed by the Construction anager or Estimator and submitted with the sche , tic draWings:~~ ,,,
' 2. After completion of the design development do~ments, the
Arch~tect ~hall submit. design development revi'i'w tets, with spec1ficat1on, to the C1ty and Team. ' ,,,
3. Interior finishes and materials will be presented for review and comment. Final selections will be made in the Construction Document phase.
4. Graphics and Way finding signage will be presented by t~ Owner provided signage designer (not a part of the Architect's, design,,,,,,,,,,,,,,,,,,, team) for review, comment, and coordination.
5. The design team, including sub-consultants will participat~in · · reviews of design development documents with the c.ityand •' Team. ..... . .....
6. The City shall review and incorporate any requiremen;,ol'lheir insurance carriers. '·,,,··,.. ""'·· .
'">~ '''"<;
CONSTRUCTION DOCUMENTS-....... ,., .. j
/ ... ' //1 Based on approved DESIGN DEVELOPMENT, the Architect shaii,G'rywr ... ~evelop / ./
1
the drawings as necessary for permitting and bidding. Addendifm' will be i~su~d incorporating the AHJ's comments as well as changes to the dr.wings re~~ltipg from bidder's questions and clarifications. At the end of the bid~irig/permitti~g phase, a reconciled FOR CONSTRUCTION SET of documents will be prepared incorporating all the changes. The construction team will build the project u~~ng.,. , the FOR CONSTRUCTION SET. To meet scheduling demands, an early procurement package is proposed to be released prior to the remainder of the drawings. The content of the packages and the release date will nee~ .. tobe coordinated with the CM.
/ ' ' .. 1. The Early Package will include drawings and s~ciJcations for the following scope, all remaining information w;11 ~e provided at the conclusion of the CD phase. ..
a. Civil- Rough grading and utility installatibn. Utility work to include installation of Sanitary and Storm Sewer;·Water
1UA Document Bl03"'- 2007. Copyriqtt tt· 200'1 by The American 1nstitute of Architects. All ri.qhts reserved. WARNING: This AIA"' Document is protectad by U.S. Copyr1qht Law and International Treab.es. Unauthorized reproduction or distributl.on of this AIA8 Document, or any portion of 1t, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent poss1ble under the law. This draft was p:coduced 'ny AIA software at. l5:2C:17 0:1 07/10/2014 under Order No.93S5046073_1 which expires en 03/15/2015, and is net for resale. User Notes:
26
service, and Gas. Dry utility design and installation including electrical, phone, cable, fiber, will be by others
2. The Architect shall provide the Construction Manager with electronic files of the Construction Documents to file with all governmental authorities having jurisdiction over the project. This~ sinclude City of Columbia Plan Review and other City Departments s equired. It shall be the Architects responsibility to comply with al F deral, State and local codes in effect at the time the drawings, pia d"'""~"" ,,,,,,
I specifications are approved. 1 , """~""'""""" ,,,,,,, ,,,,,,"'
3. The Architect shall coordinate the preparation of the t~c~ical specifications with the City of Columbia standard Gen&ral Conditions for format and content consistency.
BIDDING PHASE SERVICES
A.
B.
During the bidding phase, the Architect shall addrl' s AHJ's questions and provide assistance to the Constructi niMam.ger in , , answering bidder's questions and providing clarifi tions regarding the drawings and specifications. The Architect shall develop and provide all required project addenda during the project bidding phase. ,,,,,,,,
,,,,,/"~'"' ~~ The Architect shall attend and participate in the projectprAMfid I conference. The Architect shall attend the pre-bid 4f:)r'lfer~ to J
address technical questions posed by prospective col'ltra~;tf:)r::,, I ""'-,
CONSTRUCTION PHASE SERVICES " '" 1
,,/;1 /
A. The Architect shall attend the pre-construction conferpnceas scheduled by the Construction Manager. /" I"'"-,,, ", ,
B. f t "'_ '/',,/'
The Architect shall review all shop drawings, samp~srand other,, ,, submittals to determine compliance with the drawi g!l and : 1' specifications. The Architect shall note approval o disapprotaljon the submittals. The Architect, Construction Manag r, "andGftt Will discuss strategies to minimize the amount of printed materiaLantL,,,,,~,,,,,, maximize the amount of digitally exchanged information.
C. The Architect shall provide a written response to all reque~ts,for clarification and interpretation by the contract documentS during construction.
D. The Architect shall attend periodic jobsite meeting inJJ provide written reports of on-site observations of the work ~o ~he ,C,itY"'"'"'"""
AlA Document 8103"'- 2007. Copyright@ 2007 by The l'.mei"ican b.stitute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. T~is draft was produced by AIA software at 15:20:17 on 07/10/2014 under Order No.9355046Q73 1 which expires on 03/15/2015, and is not for resale. -User Notes;
27
E. The Architect shall make periodic site visits for the purpose of determining general compliance with the approved project drawings, plans, and specifications.
The frequency of the visits shall be determined in advance with the City. Deviations in work from the plans and specifications shall be brought to the attention of the City in writing. .
F. If required, the Architect will review and approve pay Jpplications submitted by the Construction Manager.
G.
H.
I.
J.
At the conclusion of the work, the Architect will rev!~;he work and issue a certificate of substantial completion. The Ar teet will also review the completed work for compliance with the' struction documents and issue a punch list identifying work thr.t needs to be corrected. A subsequent review will be made to as$.· u that th. erork has been corrected and is acceptable to the City an~ earn. •
The Architect will monitor project close out proced~· r~ inclu~ing the transfer of equipment maintenance manuals, traini g as·reqttlred~ the specifications, and systems start up. At the en .of.construction. the Architect will assist in reviewing the application for final payment. .
/' ,/'?''' '
At the conclusion of the work, the Architect and Cons~:~.ltamS ~iJ1.1 I furnish Record documents including all changes mfiCfe ~urmg th~ 1 construction phase_by th~ respective discipline. C~ntf.tcto~'!lar~ I ups and changes Will be 1ssued separately and not m~d 1iltRes1: documents. ''"~.,_ ~"-,
Prior to the expiration of the one year standard warranty period, the Architect will visit the site and conduct a review focuslng1m . equipment function and performance. Under perfonning.er.j~\ .... •/ operable equipment will be noted and a report will be ~stribuf:e(4i ./ identifying these areas as well as the overall condi~orj of the faci.lfty. Other deficient conditions such as roof and windo"'( lf$1ks an~ · coating failures will also be included in the report. · I '
AlA Document B103-- 2001. Copyright ~ 2007 by The American Ins~i:u~e of Arch~tects. All rights reserved. WARNING: This AIA• Document is protected by u.s. copyright Law and International Treaties. Unauthori:~<ed reproduction or distribut1on of this AIA"' Document, or any portion of it, may result in severe civ1l and criminal penalties, and w1ll be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:17 001 07/10/2014 under Order No.'>355046873_1 which expires on 03/15/2015, and is net :or resale. User Notes:
28
Columbia SC Ballpark DESIGN TEAM BASIC SERVICES
ARCHITECTURAL DESIGN • Building Plans, Sections, Elevations, Details, Schedules
EXHIBIT B
• Technical Specifications. Front end specs will be provided by the Constru~ Manager
Interior Design I I • • Site Planning including grading and hardscape to the limits of work I
I """'=~-·~"=-=" ""l STRUCTURAL ENGINEERING """'"'"~~~="~ "'""""'""'""""J
• Frame Design including floors, columns, beams, bracing
• Structural Concrete design including floors, retaining walls
• Precast Concrete Design including seating bowl and suite level tubs -~··'
• Structural Design for Batter's eye
MECHANICAL ELECTRICAL PLUMBING FIRE PROTECTION • HVAC Design and energy modeling
• Electrical design including site electrical • Plumbing design
• Foodservice utility distribution plans including portable services
• Fire Protection design to include areas to be sprinkled and alarmed (actual working drawings showing head locations, etc will be completed by the Fire Protection contractor)
• Playing Field Lighting Design
• Provide in wall conduit (with pull string) and j box for IT.
CIVIL ENGINEER
• •
• • • •
Review grading design by Architect
Utility extension from point of service to 5' from building for sewer, water, and gas . coordination and design will be by the City/Others
Lift Station design, if needed
Grease interceptor design (outside of building) / Review, stamp/seal playing field drainage drawings, if necessary / /·""'
Demolition of existing on site utilities as required to accommodate new cottr{ction ..
AUDIO VISUAL DESIGNER • Sound System Design • Press box layout
PLAYING FIELD DESIGNER • Design layout of the playing field
• Design the playing field profile
• Specify the appropriate species of turf
• Design the irrigation system
• Design the drainage system
• Design the irrigation system for berm areas adjacent to the playing field
CODE REVIEW
AlA Document B103"'- 2007. Copyright·:<'! 2007 by '!'he A."Ue:rican Institute of Architects. All rights reserved. WARNING: This AlA,. Document ~s protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribut~on of th1s AlA• Document, or any portion of it, may result in severe c1v1l and criminal penalties, and will be prosecuted to the maximum extent poss1ble under the law. This draft was produced by AIA software at ~5:20:17 on 07/10/2014 ~.<r.der Order- No.9355046073_1 which expires on 03/15/2015, and is not for r-esale. Usar Notes:
29
• Provide egress plans and code report • Life safety evaluation will be provided by others
PERMIT ASSISTANCE-• Providing copies of the plans for use in applying for permits for demolition and
subsequent construction of the improvements
INSPECTIONS • One (1) Substantial Completion Inspection and one (1) Final Complf!tiofrlnspecm:in
• Where projects have been designed for phased completion, the Arcbitecn!lfli!IIIllmv!eli!l one (1) Substantial Completion Inspection and one (1) Final Completion Inspection for each phase of the Project.
' L.
AlA Document Bl03"' 2007. CopyrigJ-.t e 2007 by The American Institute of Architects. All rights reserved. WARNING: ThLS AIA8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ~stribut~on of this AIA"' Document, or any portion of it, may result in severe civil and cr~~nal penalt1es, and will be prosecuted to the maximum extent poss1ble under the law. This draft was produced by AlA sofJ:wai"e at 15:2C:17 on 07/10/2014 under Order No.9355046073_l which expin•s on 03/15/2015, and is not for resale. User Notes:
30
Columbia SC Ballpark ADDITIONAL SERVICES
EXHIBIT C
The following are NOT a part of the standard design phase services as referenced in Exhibit A. Fees will be determined if the Owner elects to perform the services.
Fountain Design Aquatic design including fountains, water walls, splash pads, etc.
Playground Design Including the selections of specialty surfacing, playground equipment, signage, or lighting·:······
Food Service The Owner has elected to not include the food service design in the design team's ~dpe of work. The design team will endeavor to coordinate spatial requirements with the food service e§igner, but if that is not available will provide common to similar facilities. The food service designer WI ··e responsible for locating all pieces of food service equipment, including equipment mounted on the ieXftrior of the building such as condensers. If provided in a timely basis, the MEP engineer will coordinate w th the foqdservice designer to generate utility distribution plans for the food service equipment The d.esi n team Will ipclude a "warm shell" space including finishes, front counter, floor drains, and roll down shuttEtrs. The \ilesign team will also include roof mounted exhaust fans and welded duct for the cooking l'loo~(s). '
Graphics/Way finding/Signage Design '! · The Owner has instructed the design team to exclude design work associated with thesignageJgraphics package. The design team will coordinate with the signage/graphics designer on support and service requirements.
Landscape Design ...... Landscape design including planting selections, locations, and type or species are notjnetcrifed in. the current scope of work. c · ... Special Inspections .... .. ... ,
''",1 Special Inspections as required by the building code for structural and other disciplines will be-P[C?Vided as. part of the Owner furnished testing scope. '··· ...
Life Safety Evaluation Periodically, the local authority having jurisdiction requests a life safety evaluation be ~' While ... this evaluation is referenced in the building code, it is operational in nature and defii)Els ei]§f_Qeney ,c
situations and scenarios. The Architect can furnish background drawings, but this evaliJlition\vjU r~qt!ire . the Team, City emergency services, and a specialty consultant versed in assemblidlg tllese reports.''
Smoke Study . , Occasionally, the local AHJ (Authority Having Jurisdiction) may request a smoke sfudy to confirrp assumption made in the code. This is not provided on most projects. ·. . '
LEED LEED certification and commissioning is not provided as a basic service but can be provided as an additional service.
Mechanical, Electrical, Plumbing • Security design including video surveillance and access control / • Telecommunications Infrastructure including voice and data cabling, proviqingrservices to the
MDF/IDF rooms, providing and installing IT equipment, routing cable, and desjgn/install of terminations. · ·
• Telecommunications Network Systems including routers, switches, network Security devices, wireless access points and access point controllers, call manage(s (VoiP) or PBX/KSU head-end (digital telephone); and handsets. •·· ···
AlA Docwnent 8103"" - 2007. Copyr-ight ct: 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyr1ght Law and International Treaties. Unauthorlxed reproduction or distrlbution of this AlA"' Document, or any portion of it, may result in severe civil and criminal penalties, and Wl-11 be prosecuted to the maximum extent possible under the law. Tr.is draft was p,-oduced by AlA sof'::ware at 15:20:17 on 07/10/2014 ·.mder Order No.93SS046073_l whic:, expires on C3/l5/2015, and is r.ot for resale. User Notes:
31
Civil • Traffic Control Plans • Survey Review- Engineer's review the site survey to be prepared by the surveyor to ensure
coordination and compliance with project goals. • Subdivision Plat Review and Approval • Design/Locate street lights • Design/Locate fire hydrants
Retail Design Team stores selling merchandise and apparel for the ball club is included in the base fee •.. However,. . .tbe. design of outside retail entities residing within the ballpark is excluded. ·
~~~~~-~~·
Multiple Punch List Reviews 1
The base scope of work includes one comprehensive punch list review at one time. an~ one back punch review at one time. Multiple punch reviews and subsequent back checks are not incJu~ed as a basic service but can be provided as an additional service. . ......
Change Order Review I I .. Review of contractor change orders for accuracy, pricing, and scope is not include~ as a basic !1eice but can be provided as an additional service. • !
1 1 '
Record Drawings • . .. At the conclusion of the project, the design team will provide final drawings incorpchting their changes that have been made during the construction period as part of the base fee. lncorPc>rating-contractor's mark ups or notes will be an additional service.
Extended Reviews and Approvals There is a tendency for some design decisions to linger, such as interior design color and pattern selections. It is imperative for the efficiency of the design team that all design decisions·• ··b.e m?Je1ff~Jr issuance of bidding/permitting documents. . .......... ..
DDRC Approval ·············••·•••••••• . ..] Our understanding is that the ballpark is not located within the area that requires DDRC appr'ilval, and consequently no design fees have been set aside for this effort. .... · · · •
Parking Garage The parking garage immediately beyond left field (North/ North east of the ballpark si\e)11as·u~signed . / space that may be used for a meeting or gathering room. Our understanding is any:tbuilcj .. out.pr fTI'lJsh ./" space will be part of a future project and is not included in this scope of work. ' / \ \ /
: I I ij
Cost Estimating i ! .t It is understood that a construction manager will be part of the Owner's team and Vfill ~rovide co t estimating services. • '
Survey .. . .•. -~··~~··-· It is understood that the Owner or Developer will provide an existing survey for use by the design team.
Audio Visual It is understood the following services are not required by the audio visual designer.
• Scoreboard Design • Television camera and pathway design
• Video Replay system I 1.
• Broadcast cabling • Acoustic studies
Existing Structures Existing structures that will be reused as part of the project are presumed to be str~c;!~r.?!IY so~n<;l ... Exhaustive study of the existing structural system and associated remedies are not included in this
AlA Document 81038'- 2007. Copyrigh: 'D 2007 by The American Institute of Arc~itects. All rights reserved. WARNING: This AIA" Documant is protected by U.S. Copyright Law and International Treat1es. Unauthorized reproduction or distribution of this AIA8 Document, or any portion of it, may result in severe civil and cr1minal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was prodt;_ced by AIA sof:.ware at 15:20:17 on 07/10/2014 ·.1:-~der Order Nc.9355046073_1 whic~ expires on 03/15/2015, and is not forresale. User Notes:
32
contract. It is further presumed that the existing building will be "gutted" to a shell and refitted with new finishes and MEP/FP systems.
Furniture. Fixtures. and Equipment Design The Architect will work with the Owner and Tenant to specify and schedule loose equipment such as office furniture, artwork, and display fixtures.
Extended Construction Administration , Design team CA services are included through 4/1/2016 as a Basic Service. Extende~ CA services are available through close out for the entire design team or individual consultants, as teqt~§!~~ ~l'lb~. Owner as an Additional Service.
AIA Docruroont B103"" 2007. Copyright Q 2007 by The AIT'.erican Institute of Architects. All rights reserved. WARNING: This AIA• Document :is protected by U.S. Copyright Law and International Treaties. Unauthorized reproductl.on or distribution of this AIA"' DOCUIJ\ent, or any portion of it, may result in severe civil and criminal penalties, and w1ll be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:17 on 07/18/2014 under Onier No.9355046073_1 which ex:pires on 03/15/2015, and is not for resale. User Notes:
33
Columbia SC Ballpark FEE SCHEDULE
Construction cost $29,000,000.00
Design Team fee percentage 6.98%
Design Team fee $2,025,000.00
Dlsclpllne(1) Populous- Architect of Record LS3P· Local Architect WPM· Structural(3) Henderson· MEP/FP Davis & Floyd· Civil Landscape Designer (NIC) Audio Visual Food Service (NIC) SubTotal
Relmbursables (2)
Grand Total
Notes
Fee $1,087,000.00 $220,000.00 $288,000.00
$275,000.00 $120,000.00
$0.00 $35,000.00
$0.00 $2,025,000.00
$0.00
$2,025,000.00
EXHIBITD
Percent of Const Cost 3.75% 0.76'16 0.99'16 0.95%
0.41'16 0.00%
0.12%
0.00'16
6.98%
Additional Coordination $70,000.00
$30,000.00 $20,000.00
$120,000.00
1. Design Fees are based on a percentage of construction cost. If the construction cost Increases the fees will be Increased proportionally. 2. Reimbursable expenses Including travel, printing, materials, etc, to be reimbursed by the Owner per the Prime agreement and are in addition to Grand Total above. 3. Structural Engineer fee assumes WPM will be the engineer for all adjacent uses such as retail office, hotel, and parking garage to create one coherant design. Fees will be increased if they are responsible for just the ballpark portion.
Columbia SC Ballpark EXHIBIT E SCHEDULE AND EARLY DELIVERABLES
Given the fast track schedule, it is understood that design reviews and cost estimating will be performed concurrent with the design process. Therefore it is agreed that these tasks will be expedited so as to not delay the design and document fiop process.
Phase Duration Estimated Start Estimated ''''''''"'-='=-~'"
! Finish tv1 !f20T4·~···· "''''''''''''"'''""''-""=j
Pre Design 2 weeks 7/7/2014 Schematic Design 7 weeks 7/21/2014 9t5/l014 Design Development 9weeks 9/8/2014 111712014 Construction Documents* 12 weeks 11/10/2014 2/6/?015 Bidding/Permitting 5weeks 2/9/2015 3/13/2015 Construction Administration 52 weeks 3/16/2015 3/11!/2016
*Populous offices are closed between Christmas and New Year's and ~ot counted in duration. • .... ..i
The following early deliverable packages are included in the base fee:
Early Deliverable GMP 1 to include:
• Remaining Demolition • Rough Grading
• Utility Installation
AIA Document 8103""- 2007. Copyright'-;') 2007 by The Amer:ican Institt:te of Arcl'.itects. All rights reserved. WARNING: This J>JA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thl-s A!A" Document, or any portion of it, may result .1-n severe civil and crimJ.nal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at l5:20:17 on 07/10/2014 under Order No.9355046073_~ which expires on 03/15/2015, and ~s not for
resale. User Notes:
34
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project no. 20110228.03 revision no. 000 date 06/10/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276 FL State License #AA26000496
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BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N FL State License #AA26000496
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BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N FL State License #AA26000496
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4s u i t e l e v e l p l a n - e l . 2 8 7 ’project no. 20110228.03 revision no. 000 date 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N FL State License #AA26000496
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5t y p i c a l p l a nproject no. 20110228.03 revision no. 000 date 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N FL State License #AA26000496
0 10050N
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PrOjeCt nO. 20110228.03 revisiOn nO. 000 date 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N
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H O t e l
PrOjeCt nO. 20110228.03 revisiOn nO. 000 date 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N
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PrOjeCt nO. 20110228.03 revisiOn nO. 000 date 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N
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P a r K i n g
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PrOjeCt nO. 20110228.03 revisiOn nO. 000 date 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N
1 2m a s s i n g s t u d y - s t a d i u m V i E W s
l E g E n d
E X i s t i n g B u i l d i n g
P R O P O s E d B u i l d i n g
B a s E B a l l
C O n C O u R s E
R E t a i l
O F F i C E
P a R K i n g V i E W s O u t H F R O m C O n C O u R s E V i E W s O u t H F R O m F i E l d
a E R i a l V i E W a t s t a d i u m E n t R y
H O t E l
PROjECt nO. 20110228.03 REVisiOn nO. 000 datE 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
H U G H E SD E V E L O P M E N T C O R P O R A T I O N
1 3m a s s i n g s t u d y - s t a d i u m v i e w s
l e g e n d
e X i s t i n g B u i l d i n g
P r O P O s e d B u i l d i n g
B a s e B a l l
C O n C O u r s e
r e t a i l
O F F i C e
P a r K i n g v i e w s O u t H F r O m H O t e l v i e w s O u t H F r O m O F F i C e
s t r e e t v i e w a t s t a d i u m e n t r y
H O t e l
PrOjeCt nO. 20110228.03 revisiOn nO. 000 date 06/19/2014
BALLPARK AT BULL STREETColumbia, South Carolina
© 2014 Cooper Carry, Inc. 191 Peachtree Street NE, Suite 2400, Atlanta, Georgia 30303 Tel. 404-237-2000 Fax 404-237-0276
EXHIBIT G- POPULOUS HOURLY RATES
JOB TITLE
Senior Principal Senior Architect Architect Senior Architect Technician Architect Technician CADD Technician Senior Urban Planner Senior Landscape Architect Landscape Architect Senior Landscape Architect Technician Landscape Architect Technician Senior Interior Designer Interior Designer Senior Interior Design Technician Graphic Design Manager Senior Graphic Designer Graphic Designer Event Manager Administrative Assistant Intern
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AIA Docll!I>E!nt 6103""- 2007. Copyright':' 2007 by The A:nerican Ir.stitCote of Architects. All rights reserved. WARNING: This AlA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA~ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ':'his draft was produced by AIA software at 25:20:17 on 07/lC/2014 under Order No.9355046073~1 whicl'. expires or. 03/15/2015, a"d is no':. for resale. User Notes:
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