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HomeMy WebLinkAbout2005 S Purchasing - Solid Waste Administration Building ArchitectORIGINAL #AIA TMdGC© t Document 6151 -1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the tenth day of May in the year 'of two thousand five (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) This document has important legal consequences. County of Orange Consultation with an attorney Purchasing and Central Services is encouraged with respect to Post Office Box' 8181 its completion or modification. Hillsborough, NC 27278 and the Architect: ( Name, address and other information) Dixon Weinstein Architects, PA 431 West Franklin Street Suite 25 Chapel Hill, NC 27516 For the following Project: Orange County Solid Waste Operations Center (Include detailed description of Project) The project is an approximately 7,000 square foot office building and related site development for the Solid Waste Operations Center tobe located on the west side of the Orange County Landfill on Eubanks Road. The Owner and Architect agree as follows. AIA Document B151 TM —1997. Copyright Q 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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. Purchasers are permitted to reproduce ten(10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, eopyright@aia.org. JA � f ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, ,3 and 12. § 1,2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. § 2.2 SCHEMATIC DESIGN PHASE § 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2,2 The Architect 'shall provide a preliminary evaluation' of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. § 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. § 2,2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components'. § 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques.: § 2.3 DESIGN DEVELOPMENT PHASE' § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems,' materials and such other elements as may be appropriate. § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 2.4 CONSTRUCTION' DOCUMENTS PHASE § 2.4.1` Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized, by the Owner, the Architect shall prepare, for approval by the Owner, Construction' Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project, § 2.4.2' The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. § 2.4.3' The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. AIA Document BMW —1997. CopyrightO 1874, 1978, 1987, and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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. Purchasers are permitted to reproduce ten (10),'copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American institute of Architects' legal counsel, copyrightCdaia.org. I § 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. J 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist inawarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. AIA Document 8151 TO -1997. Copyright 0 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This A10 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. 3 Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@Zbaia.org. § 2.6.9.2 The Architect's certification for payment shall constitute a, representation to the Owner, based on the Architect's' evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions: received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractors right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6,10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect' considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors,' while allowing; sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Arch'itect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work' designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3. 1.1 and 3;3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents! § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall 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 shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document B151 TM 1997. Copyright D 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, , 4 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. Purchasers are permitted to reproduce ten (1 U) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial 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 so rendered in good faith. § 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2,6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. .ARTICLE 3 ADDITIONAL SERVICES § 31 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional. Services in Section 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the. site than is described in Section 2;6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement; unless otherwise agreed. § 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. § 3.3 CONTINGENT ADDITIONAL SERVICES § 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. § 3.3.2 Providing services required because of significant, changes in the Project including, but not limited to, size., quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and snaking subsequent revisions to Drawings, Specifications and other documentation resulting therefrom_ § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. AIA Document 8151Tm —1997. Copyright ©1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, 5. or any portion of it, may result in severe civil and criminal penalties, and will prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American institute of Architects' legal counsel, copyright @aia.org. § 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. § 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. § 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. § 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4.1 Providing analyses of the Owners needs and programming the requirements of the Project. § 3.4.2 Providing financial feasibility or other special studies. § 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental' authorities or others having jurisdiction over the Project. § 3.4.3 Providing services relative to future facilities, systems and equipment. § 3.4,6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. § 3.4.10 Providing detailed estimates of Construction Cost. § 3.4,11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating costs. § 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings' and related equipment. § 3.4,14 Providing services for planning tenant or rental spaces. § 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment' or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. AIA Document B151Tm —1997. Copyright Q 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AtAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA:Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. § 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services, § 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. § 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect tshall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. AIA Document 8151Tm —1997. Copyright Q 1974,1978,1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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. 7 Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright0aia.org. ` ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect, Owner and equipmet management or supei plus a reasonable all( included for market § S. 1 .3 Construction the land, rights-of-wi limit. Fixed, limits, ii of the Contract for C § 5.2.3 If the Biddinj Construction Doctin reflect changes in th, modify the docume fixed limit, if establ Owner shall be the compensation in aci Dn Cost shall include the cost at current market rates of labor and materials furnished by the designed, specified, selected or specially provided for by the Are tect, including the costs of tision of construction or installation provided by a separate construction manager or contractor, mance for their overhead and profit, In addition, a reasonable allowance for contingencies shall be )nditions at the time of bidding and for changes. in the Work. ost does not include the compensation, of the Architect and the Architect's consultants, the costs of and financing or other costs that are the, responsibility of the Owner as provided in Article 4. FOR CONSTRUCTION COST the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates if any, prepared by the Architect, represent the Architect's judgment as a design professional ruction industry. It is recognized, however, that neither the Architect nor the Owner has control materials or equipment, over the Contractot's methods of determining bid prices, or over aarket or negotiating conditions. Accordingly, the Architect cannot and does not warrant or tegotiated prices will not vary from the Owner's Project budget or from any estimate of valuation prepared or agreed to by the Architect. if Construction Cost shall be established as a condition of this Agreement by the fumishin ent of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the affixed limit has been established, the Architect shall be permitted to include contingenc I ies for ice escalation,, to determine what materials, equipment, component systems and types of Included in the Contract Documents, to make reasonable adjustments in the scope of the Project ontract Documents alternate bids as may be necessary to adjust the. Construction Cost to the fixed ny, shall be increased in the amount of an increase in theContract Sum occurring after execution ,r Negotiation Phase has not commenced within 90 days after the Architect submits the its to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to ,eneral level of prices in the construction industry. )f Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide )sal, the Owner shall: Itten approval of an increase in such fixed limit; :e rebidding or renegotiating of the Project within a reasonable time; 'n accordance wi Section 8.5; or in revising the Project scope and quality as required to reduce the Construction Cost. ges to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall - which the Architect is responsiblounder this Agreement as necessary to comply with the as a condition of this Agreement. The modification of such documents without cost to the )f the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to ice with this Agreement for all services performed whether or not the Construction Phase is ARTICLE 6 USE OF ARCHITEcrs INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. AIA Document 81517M — 1997. Copyright Q 1974,1978,1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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. 8 Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightgaia.org. § 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that en e Owner shall comply with all obhgatlons, including prompt payment of all sums when due, under this Agreement. le Architect shall obtain similar nonexclusive licenses from the Architect's consultants '. consistent with this greement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon ch termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If d 'upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed' rminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly edentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions the Instruments of Service solely for purposes of completing, using and maintaining the Project. L3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied', under is Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted rein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to .thorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment' suppliers to reproduce tplicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license anted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or r similar purposes in connection' with the Project is not to be construed as publication in derogation of the reserved ;hts of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future e ditions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the .,chitect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's le risk and without liability to the Architect and the Architect's consultants. L4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall separate: written' agreement set forth the specific conditions governing the format of such Instruments of Service or - ctronic data, including any special limitations or licenses not otherwise provided in this Agreement. ITICLE i DISPUTE RESOLUTION i.1 MEDIATION 1.1.1 Any claim, dispute or other' matter in question arising out of or related to this Agreement AQ he subject to 10- ,diation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If ch matter relates to or is the subject of alien arising out of the Architect's services, the Architect may proceed in cordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by - diation or by arbitration. if F.1.2 The Owner an Architect shall endeavor to resolve claims, disputes and other matters in question between them mediation which, the parties mutually agreed shall be in accordance with the Construction Industry ediation Rules of the American Arbitration Association' currently in effect. Request for mediation shall be filed in siting with the other party to this Agreement and with the American Arbitration Association. The request may be made ncurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of 3itration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the to of filing, unless stayed for a longer period by agreement of the parties or court order. '.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place sere the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be forceable as settlement agreements in any court having jurisdiction thereof: 1.2 ARBITRATION dis ute or othermatter in question arising out of or related to this Agreement shall nitration, Prior to arbitration, e e xatron m accordance with AIA Document B151TM -1997. Copyright 0 1974, 1978,1987, and 1997 by The American Institute of Architects: All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document; a 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copy ightCbaia.org. .2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall b deci arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Co ction Industry Ar lion Rules of the American Arbitration Association currently in effect. The demand for ><trat'on shall be filed in writing the other party to this Agreement and with the American Arbitration Ass on. § 72.3 A demand for'arbitrato be made within a reasonable time after the clai ispute or other matter in question has arisen. In no event shat demand for arbitration be made after ate when institution of legal or equitable proceedings based on such claim, ' ute or other matter in qu n would be barred by the applicable statute of limitations. § 7.2.4 No arbitration arising out of or relating to this Ag shall include, by consolidation or joinder or in any other manner, an additional person or entity not a part s ement, except by written consent containing a specific reference to this Agreement and signed e Owner, Arc, it and any other person or entity sought to be joined. Consent to arbitration involving a ttional person or entity shall' n onstitute consent to arbitration of any claim, dispute or other matter in que ' n not described in the written consent or w erson or entity not named or described therein. The foregoi greement;,to arbitrate and other agreements to arbitrate ' an additional person or entity duly consented to parties to this Agreement shall be specifically enforceable in accor with applicable law in any court havi ' risdiction thereof. § 7.2. a award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in ordance with applicable law in any court having jurisdiction thereof. 7.3 CLAIMS FOR CONSEQUENTIAL: DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION § 8A If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have-no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before 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 the remaining services and the time schedules shall be equitably adjusted. § 82 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notioe of such suspension. When the Project is resumed, the Architect shall be compensated r for expenses incurred in the interruption and resumption of the Architect's' services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party 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 termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 8,6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. AIA Document 13151 `rm —1997. Copyright 0 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS § 91 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. § 92 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract. for Construction, current as of the date of this Agreement. § 93 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 94 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2 01, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 95 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended' only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such: certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.', AIA Document B151TM -1997. Copyright 0 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights 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. 1 Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyrightQaia.org. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE Direct. Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. §10.2 REIMBURSABLE EXPENSES (See attached :Article 12) ��- %2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project,' as identified in the following Clauses: .1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; 2 fees paid for securing approval of authorities' having jurisdiction over the Project; .3 reproductions,; plots, standard form documents, postage, handling and delivery of Instruments of Service; A expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock. -ups requested by the Owner; $ expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project- related expenditures. §10.3 PAYMENTS ON'ACCOUNT Of BASIC SERVICES § 10.3.1 An initial payment as forth in Section 11.1 is the minimum payment under this Agreement. § 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 1`1.2.2. § 10.3.3 If and to the extent that the time initially established in Section 11.5. l of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2.' § 103.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions,; in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 10.5 PAYMENTS WITHHELD No deductions shah be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on:account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis Of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. AIA Document 8151TM —1997. Copyright 0 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Al a Document, 12 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract' Documents, e-mail The American Institute of Architects' legal counsel, oopyright@&aia.org. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of n f a ( n/a } skull be made upon execution of this Agreement and credited to the Owner 's account at final payment. § 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums,, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Stipulated sum of $89,800 11.2.2 Where compensation.is based on a stipulated stun or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design: percent( 15 %) $13,470 Design Development Phase: percent;( 20 %) 17,960 Construction Documents Phase: percent( 35 %) 31, 430 Bidding;or Negotiation Phase: percent ( 5 %) 49490 Construction Phase: percent'( 25 %) 22,450 Total Basic Compensation one hundred percent ( 100.00 %) $89,800 § 14.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: n/a AIA Document B151 TM —1997. Copyright* 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlODocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction' or distribution of this Ale 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. Purchasers are permitted to reproduce ten {10} copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American institute of Architects' legal counsel, copyright@aia.org. § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12 other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensationapply, if necessary.) Principal $110' / hr Architect $ 75;/ hr Project Manager $ 70 J hr Intern Architect $ 50`J hr Other employees at 2.75 times direct hourly wage. § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and two tenths 1.2 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) § 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and one tenth ( 1.1 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. § 11.$ ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within thirty { 30 ) months of the date hereof, through no fault of the Architect,;, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable twenty' -five ( 25 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Eight per cent (8 %) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect AIA Document B151TO —1997. Copyright ®1574,1978,1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aiaorg. (Si nature) C(Nignature) Kenneth H. Friedlein, AIA, Principal (Printed name a itle) (Printed name and tine) f CAUTION:, You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document B75t TM —1997. Copyright 0 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO 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. M Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright+a aia!org. i i ARTICLE 12 — OTHER CONDITIONS OR SERVICES 12.1 COMPENSATION FOR ADDITIONAL SERVICES (ESTIMATED) Additional Services of the Architect to be billed under 1 1.3.2 may include, but not be limited to: 1 . Programming (hourly, if required, assuming 2 client meetings) $3,000 2. Recycled materials certification coordination (hourly, if required) $2,000 12.2 COMPENSATION FOR ADDITIONAL SERVICES OF CONSULTANTS (ESTIMATED) Additional Services of Consultants to be billed under 1 1.3.3 may include, but not be limited to: 1 . Civil Engineering (incl. water line survey & extension) $23,500 2. Integrated Water Management $ 9,000 3. Alternative Energy Feasibility Study $ 2,500 12.3 REIMBURSABLES (ESTIMATED) Reimbursable items to be billed under 1 1.4 may include, but not be limited to: 1 . Printing, copying, postage, shipping $3,000 2. Property survey at cost (if not provided by Owner) $6,000 12.4 UNDERLYING ASSUMPTIONS ABOUT PROJECT SCOPE 1. The project is a freestanding office building of approximately 7,000 square feet. 2. Road design is limited to a driveway connection to Eubanks Road. 3. The project includes extension of a public utility water line from the adjacent landfill property and a wastewater tie -in to a public utility sewer at the property line. 4. Orange County site plan review is the applicable project approval process. LIMITS OF LIABILITY In recog � of the relative risks, rewards and benefits of the Project to b �i�'6'wner and Dixon Weinstein cts, PA (DWA), the risks have been e such that the Owner agrees that, to the fullest exte mitted by law s total liability to the Owner for any and all injuries, claims, losses, expenses, es or claim expenses rising out of this Agreement, ,J from any cause or causes, s of exceed the nt of coverage provided by DWA's liability insurance policy. causes include, but are not limite WA's negligence, errors, omissions ct iability, breach of contract or breach of warranty, aQent misrepresentation, or of act giving rise to liability based upon contract, tort, or statute.