HomeMy WebLinkAbout2004 S Purchasing- Contract with Corley Redfoot Zack (CRZ) for Design Services for West Ten Soccer Park19 97 ED IT I ON
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AIA DOCUMENT 1 8151 -1997
Abbreviated Standard Form of Agreement Between Owner and Architect
and the Architect:
(Name, address and other information) Corley Reelfoot Zack, Inc:-.
222 Cloister Court (27514)
Post Office Box 2368
Chapel Hill, NC 27515
For the following Project: West Ten Soccer Center, Orange County, NC
(Include detailed description of Project)
The proposed West Ten Soccer Center for Orange County, NC, is to be
located on a 34.36 -acre tract on West Ten Road, adjacent to the Orange
County Middle School #3 site. Within design, development and
budgetary guidelines, Architect is to provide the maximum number
of soccer fields and associated program elements. See the t
attached Corley Redfoot Zack, Inc., proposal letter dated 4/15/04!i
for more detailed information.
The Owner and Architect agree as follows.
Copyright 1974, 1978, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or sub-
stantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United
States and will subject the violator to legal prosecution.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
®1997 AIA®
AIA DOCUMENT 8151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
This document has impor-
tant legal consequences.
AGREEMENT made as of the third day
y of ��
Consultation with an
in the year two thousand and four .
attorney is encouraged
(In words, indicate day, month and year)
with respect to its
completion or modification.
B E T W E E N the Architect's client identified as the Owner:
(Name, address and other information) County of Orange
Purchasing & Central Services
Post Office Box 8181
Hillsborough, NC 27278
and the Architect:
(Name, address and other information) Corley Reelfoot Zack, Inc:-.
222 Cloister Court (27514)
Post Office Box 2368
Chapel Hill, NC 27515
For the following Project: West Ten Soccer Center, Orange County, NC
(Include detailed description of Project)
The proposed West Ten Soccer Center for Orange County, NC, is to be
located on a 34.36 -acre tract on West Ten Road, adjacent to the Orange
County Middle School #3 site. Within design, development and
budgetary guidelines, Architect is to provide the maximum number
of soccer fields and associated program elements. See the t
attached Corley Redfoot Zack, Inc., proposal letter dated 4/15/04!i
for more detailed information.
The Owner and Architect agree as follows.
Copyright 1974, 1978, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or sub-
stantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United
States and will subject the violator to legal prosecution.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
®1997 AIA®
AIA DOCUMENT 8151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
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.
13 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
Subparagraph 11.5.1.
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
The Architect's Basic Services consist of those described in Paragraphs 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 Subparagraph 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 doc-
uments 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.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
®1997 AIA1)
AIA DOCUMENT 8151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
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.
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.
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 in awarding 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 6o
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 A2oi, 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 Paragraph
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
b4ew act on behalf of the Owner only to the extent provided in this Agreement unless otherwise
modified by written amendment.
-o .
0 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate
01997 A 1 A ® to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect
AIA DOCUMENT 61514997 in Article 12, (1) to become generally familiar with and to keep the Owner informed about the
ABBREVIATED OWNER- progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner
ARCHITECT AGREEMENT against defects and deficiencies in the Work, and
g (3) to determine in general if the Work is being
The American Institute performed in a manner indicating that the Work, when fully completed, will be in accordance
of Architects with the Contract Documents. However, the Architect shall not be required to make exhaustive or
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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. See Article 12. r gA .
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.
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 Subparagraph 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 (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 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 (i) made exhaustive or continuous on -site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained
how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
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.
®1997 AIA®
AIA DOCUMENT B1514997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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 determin-
ing 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
Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, sequences or
procedures. The Architect's approval of a specific item shall not indicate approval of an assembly
of which the item is a component.
2.6.12 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 sup-
porting documentation and data if deemed necessary by the Architect as provided in
Subparagraphs 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 with-
in any time limits agreed upon or otherwise with reasonable promptness.
2. 6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and
0 o reasonably inferable from the Contract Documents and shall be in writing or in the form of draw-
ings. When making such interpretations and initial decisions, the Architect shall endeavor to
0 secure faithful performance by both Owner and Contractor, shalf-rtot show 'FW11 IItq-teeither, (1.,0.12-
®1 9 9 7 A I A O and shall not be liable for results of interpretations or decisions so rendered in good faith.
AIA DOCUMENT B1514997
ABBREVIATED OWNER- 2,6.17 The Architect shall render initial decisions on claims, disputes or other matters in question
ARCHITECT AGREEMENT
between the Owner and Contractor as provided in the Contract Documents. However, the
The American Institute Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the
of Architects intent expressed in the Contract Documents.
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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 Subparagraph
2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the
Contract Documents.
ARTICLE 3 ADDITIONAL SERVICES
3.1 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 Paragraphs 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 Paragraph 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 Paragraph 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 Subparagraph 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 fe)�w negotiating and contracting for construction, except for services required under Subparagraph 5.2.5.
O
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, 01997 A 1 A
evaluating Contractor's proposals, and providing other services in connection with Change AIA DOCUMENT 8151 -1"7
Orders and Construction Change Directives. ABBREVIATED OWNER -
ARCHITECT AGREEMENT
3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor The American Institute
and making subsequent revisions to Drawings, Specifications and other documentation resulting of Architects
therefrom. 1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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.
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 Owner's 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.
3.4.5 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
ba��w consu ltants retained by the Owner.
3.4.10 Providing detailed estimates of Construction Cost.
. °0
3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor.
®1997 AIA®
AIA DOCUMENT 8151-1997 3.4.12 Providing analyses of owning and operating costs.
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
3.4.13 Providing interior design and other similar services required for or in connection with the
The American Institute selection, procurement or installation of furniture, furnishings and related equipment.
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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.
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 6o 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,
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
liFaviro",
- �i A -
®1997 AIA®
AIA DOCUMENT 8151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
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
Paragraph 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 Paragraphs 4.4 through 4.8 shall
be furnished at the Owner's expense, and the Architect shall 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.
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.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or specially
provided for by the Architect, including the costs of management or supervision of construction
or installation provided by a separate construction manager or contractor, plus a reasonable
allowance for their overhead and profit. In addition, a reasonable allowance for contingencies
shall be included for market conditions at the time of bidding and for changes in the Work.
5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's
consultants, the costs of the land, rights -of -way and financing or other costs that are the respon-
sibility of the Owner as provided in Article 4.
III
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
o. 0 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost
o•. - .•o
ao and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the
Architect's judgment as a design professional familiar with the construction industry. It is
01997 A I A O recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
AIA DOCUMENT 61514997
ABBREVIATED OWNER- materials or equipment, over the Contractor's methods of determining bid prices, or over
ARCHITECT AGREEMENT competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and
does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project
The American Institute budget or from an estimate of Construction Cost or evaluation prepared or agreed to b the
of Architects g Y P P g Y
1735 New York Avenue, N.W. Architect.
Washington, D.C. 20006 -5292
WARNING: Unikensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement
by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been
agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established,
the Architect shall be permitted to include contingencies for design, bidding and price escalation,
to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids as may be necessary to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect
submits the Construction Documents to the Owner, any Project budget or fixed -limit of
Construction Cost shall be adjusted to reflect changes in the general level of prices in the
construction industry.
5.2.4 If a constructon cost budget, as determined by the Owner, and provided to,.;the Architect
-t
exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Paragraph 8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the
Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional
compensation, shall modify the documents for which the Architect is responsible under this
Agreement as necessary to comply with*he- fhwd-imit, if established as a condition of this ^ a czn$truction cost
Agreement#he modification of such documents without cost to the Owner shall be the limit of budget as determined
the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to by the Owner and pro -
compensation in accordance with this Agreement for all services performed whether or not the vlded to the Architect
Construction Phase is commenced. (adjusted as provided
and as deemed reasonable by the Architect. K-Fr& • in subparagraph 5.2.3)
Kam-•
ARTICLE 6 USE OF ARCHITECT'S 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.
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 the Owner shall comply with all obligations,
including prompt payment of all sums when due, under this Agreement. The Architect shall
obtain similar nonexclusive licenses from the Architect's consultants consistent with this
Agreement. Any termination of this Agreement prior to completion of the Project shall terminate
o v
w�5
this license. Upon such termination, the Owner shall refrain from making further reproductions
cc�a
of Instruments of Service and shall return to the Architect within seven days of termination all
C----n
originals and reproductions in the Owner's possession or control. If and upon the date the ...
® 19 91 A I A
Architect is adjudged in default of this Agreement, the foregoing license shall be deemed
AIA DOCUMENT 8151 -1997
terminated and replaced b a second, nonexclusive license permitting the Owner to authorize
P Y P g
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
other similarly credentialed design professionals to reproduce and, where permitted by law, to
make changes, corrections or additions to the Instruments of Service solely for purposes of
The American Institute
completing, using and maintaining the Project.
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
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6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be dee
d
g or implied under this Agreement. The Owner shall not assign, delegate, sublice , pledge
or othe transfer any license granted herein to another party without or written
agreement of the hitect. However, the Owner shall be permitted to orize the Contractor,
Subcontractors, Sub -sub actors and material or equipment s iers to reproduce applicable
portions of the Instruments of ce appropriate to an r use in their execution of the Work
by license granted in Paragraph 6.2. Sub ' 'on o ' ribution of Instruments of Service to meet
official regulatory requirements or for simi u es in connection with the Project is not to be
construed as publication in deroga ' of the reserved r of the Architect and the Architect's
consultants. The Owner s not use the Instruments of 'ce for future additions or
alterations to this 'ect or for other projects, unless the Owner o ' s the prior written
agreement o e Architect and the Architect's consultants. Any unauthor use of the
Inst nts of Service shall be at the Owner's sole risk and without liability to the Arc and
e Architect's consultants.
K£142 -6�Prior to the Architect providing to the Owner any Instruments of Service in
form or t e viding to the Architect any electronjSj. corporation into the
Instruments of Service, the Owner a y separate written agreement set forth
the specific conditio g t e format of suc of Service or electronic data,
any special limitations or licenses not otherwise provided in this
ARTICLE 7 DISPUTE RESOLUTION
7.1 MEDIATION
7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
Oft may drat be subject to mediation as a condition precedent to arbitration or the institution of legal or
equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out
of the Architect's services, the Architect may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or
by arbitration.
if K,Ara
7.1.2 The Owner and Architect shall endeavor t esolve claims, disputes and other matters in
question between them by mediation which, the parties mutually agree otherwise, shall be
in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Request for mediation shall be filed in writing with the other party
to this Agreement and with the American Arbitration Association. The request may be made
concurrently with the filing of a demand for arbitration but, in such event, mediation shall
proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending
mediation for a period of 6o days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
o. o having jurisdiction thereof.
o. .o
°a CcA o°
7.2 ARBITRATION
® 19 9 7 A 1 A ® le.Eld- 7. Any claim, dispute or other matter in question arising out of or related to this A r
AAA DOCUMENT OWNER- shall be subjec ion. Prior to arbitration, the parties shall ende so ve disputes by
ABBREVIATED OWNER-
ARCHITECT AGREEMENT mediation in accordance with Para
The American Institute 7,2,2 Claims n other matters in question between the parties of resolved by
of Architects ion shall be decided b arbitration which, unless the parties mutually agree otherwise, s
1735 New York Avenue, N.W. Y P Y g
Washington, D.C. 20006 -5292
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in accordance with the Construction Industry Arbitration Rules of the American Arbitratiop- 14F— M
Ass ation currently in effect. The demand for arbitration shall be filed in Zclaim, er
party to is Agreement and with the American Arbitration Association.
7.2.3 A deman or arbitration shall be made within a reasonable time te
or other matter in qu tion has arisen. In no event shall the demand for a er
the date when institution f legal or equitable proceedings based on ch claim, dispute or other
matter in question would be red by the applicable statute of " itations.
7.2.4 No arbitration arising out of lv
or joinder or in any other manner, an a<
except by written consent containing a
Owner, Architect, and any other persoi
to this reement shall include, by consolidation
111 son or entity not a party to this Agreement,
reference to this Agreement and signed by the
tit y ught to be joined. Consent to arbitration
involving an additional person or e " y shall not cons ' to consent to arbitration of any claim,
dispute or other matter in que on not described in the tten consent or with a person or
entity not named or desc b therein. The foregoing agreement arbitrate and other agreements
to arbitrate with an a tional person or entity duly consented to arties to this Agreement
shall be specifical nforceable in accordance with applicable law in any rt having jurisdiction
thereof.
Che award rendered by the arbitrator or arbitrators shall be final, and judgm t may be
upon it in accordance 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 consequencial damages due to either party's termination in accordance with
Article 8.
ARTICLE 8 TERMINATION OR SUSPENSION
8.1 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.
8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect
shall be compensated for services performed prior to notice of such suspension. When the Project
is resumed, the Architect shall be compensated for expenses incurred in the interruption and
resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
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.
®1997 A I A 0
AIA DOCUMENT B151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
8.4 This Agreement may be terminated by either party upon not less than seven days' written The American Institute
notice should the other art fail substantial) to perform in accordance with the terms of this of Architects
party Y P 1735 New York Avenue, N.W.
Agreement through no fault of the party initiating the termination. Washington, D.C. 20006 -5292
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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 Paragraph 8.7.
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
9.1 This Agreement shall be governed by the law of the principal place of business of the
Architect, unless otherwise provided in Article 12.
9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA
Document A2oi, General Conditions of the Contract for Construction, current as of the date of
this Agreement.
9.3 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.
9.4 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 A2oi, 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.
9.5 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
fill 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
e v facilitate such assignment.
o. .o
0 9.6 This Agreement represents the entire and integrated agreement between the Owner and
01997 A i A ® the Architect and supersedes all prior negotiations, representations or agreements, either written
AIA DOCUMENT B151 -1997 or oral. This Agreement may be amended only by written instrument signed by both Owner and
ABBREVIATED OWNER -
ARCHITECT AGREEMENT Architect.
The American Institute 9,7 Nothing contained in this Agreement shall create a contractual relationship with or a cause
of Architects
1735 New York Avenue, N.W. of action in favor of a third party against either the Owner or Architect.
Washington, D.C. 20006 -5292
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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.
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
10.2.1 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;
.4 expense of overtime work requiring higher than regular rates if authorized in advance
by the Owner;
.s renderings, models and mock -ups requested by the Owner;
.6 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 set forth in Paragraph im 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
Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 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 Subparagraph 11.3.2.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
MINJAIF
®1997 AIA®
AIA DOCUMENT B151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
10.3.4 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 Subparagraph 11.2.2, based on (i) 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 shall 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.
ARTICLE 11 BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 An Initial Payment of N/A Dollars
($ N/A ) shall 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.)
Basis of compensation for Basic Services and Master Planning for the
West Ten Soccer Center is a stipulated sun of:
One hundred and nineteen thousand dollars ($119,000.00).
Breakdown:
Master Planning: $253,200.00
S.D./D.D. /C.D:: 93,800.00
t5
WARNING: Unlicensed photocopying violates Us. copyright laws and will subject the violator to legal prosecution.
®1997 AIA®
AIA DOCUMENT 8151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,
progress payments for Basic Services in each phase shall total the following percentages of the
total Basic Compensation payable:
$ 80/hour
Figineer's Time:
(Insert additional phases as appropriate.)
CAM/Drafting:
$ 60/hour
Master Planning:
$ 70/hour
$ 25,200
Schematic Design Phase:
rFent4__4}
142070
Design Development Phase:
pet" -( —4b -
182760
Construction Documents Phase:
32,830
Bidding or Negotiation Phase:
42690
Construction Phase:
Prt - -Ar7-
23,450
Total Basic Compensation:
one hundred percent (loo %) $1199000
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compen-
sation shall be computed as follows:
Principal's Time:
$110/hour
Architect's Time:
$ 80/hour
Figineer's Time:
$ 95/hour
CAM/Drafting:
$ 60/hour
Construction Admin.:
$ 70/hour
Other employees at a rate of 2.75
times the direct hourly wage.
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 Paragraph 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 compensation apply, if necessary.)
Same as 11.3.1 above.
16
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
®1997 AIA®
AIA DOCUMENT B151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
a; Prosecution.
tes VS. �PYr;ght laws a"d'"dt1 subject
� .rroiator to 1e8
ocoPY ;ng viola
v,1ARN ►NG� Uniice� P�
11.3.3 For Additional Services of Consultants, including additional structural, mechanical and
electrical engineering services and those provided under Subparagraph 3.4.1.9 or identified in
Article 12 as part of Additional Services, a multiple ale and 2/10 ( 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 Paragraph 10.2, and any other items included in
Article 12 as Reimbursable Expenses, a multiple of one ( 1.0) times
the expenses incurred by the Architect, the Architect's employees and consultants directly related
to the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Services covered by this Agreement have not been completed within
N/A * ( ) months of the date hereof, through
no fault of the Architect, extension of the Architect's services beyond that time shall be compen-
sated as provided in Subparagraphs 10.3.3 and 11.3.2.
to be determined after Master Planning phase.
11.5.2 Payments are due and payable twenty ( 20 ) days from the
date of the Architect's invoice. Amounts unpaid twenty —f ive ( 25 ) 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.)
Six percent (6%).
(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.
17
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I 1—MAN
®1997 AIA®
AIA DOCUMENT 6151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
ARTICLE 12 OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, identify Additional Services included within Basic Compensation and
modifications to the payment and compensation terms included in this Agreement.)
12.1 CONSTRUCTION PHASE - Administration of the Construction Contract:
During the construction phase of the work, the term "INSPECTION' shall be defined as follows:
"Inspection shall consist of visual observations of materials, equipment or construction work for the purpose
of ascertaining that the work is in substantial conformance with the Contract Documents and with the design
intent. Others shall not rely upon such inspection as acceptance of the work, nor should it be construed to
relieve the Contractor in any way from the obligations and responsibilities the Contractor assumes under
the construction contract. Specifically, but without limitation, inspection by the Design Professional shall
not require the Design Professional to assume responsibilities for the means and methods of construction,
nor for safety on the jobsite."
Add the following paragraph to Article 2.6.5:
Site visits shall be made weekly during the construction period and are included under Basic Services. If
additional trips are required for whatever reason, these trips shall be deemed as Additional Services and will
be billed at hourly rates (see 11.3.1). If the completion date of the project is extended, Additional Services
will be billed at hourly rates.
12.2. ITEMS NOT INCLUDED:
1. Approval processes or meetings other than the Orange County Site Plan approval, as noted in the attached
agreement letter.
2. Geotechnical testing and investigation
3. Legal fees
4. Topographic and boundary surveys
5. Wetlands Delineation.
This Agreement entered into as of the day and year first written above.
of Orange, NC
AdYNA 3&U!D5�qjmir
(Prinig name and title)
Corley Redfoot Zack, Inc.
C TECT(Si we)
Kenneth E. Redfoot, AIA
(Printed name and title)
Vice President
CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo
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IBS
®1997 AIA®
AIA DOCUMENT B151 -1997
ABBREVIATED OWNER -
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006 -5292
0
I
AM
9/97 -%
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
CORLEY REDFOOT ZACKINC.
A R C H I T E C T S • E N G I N E E R S • P L A N N E R S
April 15, 2004
Our approach to a project such as this would be to look to ways to
PO Box 2368 integrate and provide synergy with your scope of work and the work at
Chapel Hill, NC 27515 -2368 Middle School #3. We would meet and establish your needs and
222 Cloister Court program with your staff. We would then look carefully at ways to
Chapel Hill, NC 27514 -2212 benefit both projects by utilizing similar construction timelines and
sharing facilities where feasible. This would require that we act as a
design liaison between Orange County and the Orange County Board of
Education.
Corley Redfoot Zack would assist with preparation of a Master Plan for
the site and all related meetings and approvals. We would also provide
all drawings and specifications for the final contract documents
including the Site Plan Approval process as outlined for the EDD
(919) 942 -8586 Telephone
(919) 929 -4802 Fax
Orange County Government Services
GLENN D. CORLEY AIA
President, CEO
P. O. BOX 8181
Hillsborough, NC 27278 -8181
KENNETH E. REDFOOT,AIA
Vice President
ATTN: Ms. Pam Jones
MARK ZACK, AIA
Vice President
RE: Request for Proposal for West Ten Soccer Center
MICHAEL L. HAMMERSLEY, PE
Orange County, NC
Principal
LAURENCE W. BUNCH, AIA
Dear Ms. Jones:
Associate
ANDREW R. CRUICKSHANK, AIA
Corley Redfoot Zack, Inc. is pleased to submit our qualifications and a
Associate
design fee proposal for the new soccer center on the Euliss Property in
DAVID M. TAYLOR, AIA
Orange County.
Associate
HARRY M. JENSEN
Our firm has a long successful history of designing sports /athletic
Associate
facilities for various Universities, School Systems and Towns
KENNETH E. SMITH
Associate
throughout Orange County and North Carolina. Recent projects similar
to your request included the park/school site at Chapel Hill High School
(Carrboro Fields), the three Practice Fields at North Carolina State
University in Raleigh, the Athletic Fields at East Chapel Hill High
School and Smith Middle School, the Toilet and Concessions Buildings
at East Chapel Hill High and Chapel Hill High School.
Our approach to a project such as this would be to look to ways to
PO Box 2368 integrate and provide synergy with your scope of work and the work at
Chapel Hill, NC 27515 -2368 Middle School #3. We would meet and establish your needs and
222 Cloister Court program with your staff. We would then look carefully at ways to
Chapel Hill, NC 27514 -2212 benefit both projects by utilizing similar construction timelines and
sharing facilities where feasible. This would require that we act as a
design liaison between Orange County and the Orange County Board of
Education.
Corley Redfoot Zack would assist with preparation of a Master Plan for
the site and all related meetings and approvals. We would also provide
all drawings and specifications for the final contract documents
including the Site Plan Approval process as outlined for the EDD
(919) 942 -8586 Telephone
(919) 929 -4802 Fax
Ms. Pam Jones April 15, 2004
RE: West Ten Soccer Center Page two
District (Requirements attached). The proposal is based upon the scope
information provided by email dated April 8, 2004 titled "West Ten
Soccer Center "(Attached). The total design fees for the project will be a
lump sum amount of $119,000.
We are proposing to utilize the following list of consultants for the
specialties as listed on this project:
Carolina Green Corporation Athletic Field Improvements
Swanson & Associates Landscaping
Reece Noland McElrath Mechanical/Electrical & Plumbing
Lasater Hopkins Chang Structural
This design team has worked together on the similar projects, which are
highlighted in the attached information. Firm profiles, references and
resumes are attached for your review.
Corley Redfoot Zack, Inc. is excited for the opportunity to work on this
important project for our community. We pledge our expertise and
enthusiasm to creating the Soccer Center, which Orange County will be
proud to share.
Sincerely,
Michael L. PA/nmersley, PE
Principal Y
ENCLOSURE
cc: Glenn D. Corley, AIA
MLH /jh /soccer center
CORLEY REDFOOT ZACK �Nc
Development of the Euliss Property as the proposed
West Ten Soccer Center
Orange County desires to enter into a contractual agreement with Corley Redfoot Zack
for the purpose of receiving consulting services for the design of this project. Orange
County proposes to include in the agreement, the items listed below.
Scope of the Project:
•
Create a Master Plan for the soccer center (design level of park conceptual
plan), with special attention to synergies and potential economies of scale
with the adjoining school site.
• Conduct and Coordinate necessary site evaluation, testing and permitting.
• Assist with a public meeting to receive input on the proposed plan.
• Develop cost estimates for each separate program element of the project.
• Present final draft of the proposed plan to the Board of County
Commissioners by June 8 or at the latest, June 246
6
f� • Prepare and revise all necessary site plans (including grading, mechanical,
layout, etc.) and subsequent construction drawings and specifications.
• Develop
p a d prepare all necessary contract documents.
• Assist with construction management (hourly), to the degree indicated in
subsequent discussions.
• Coordinate process requirements to align with the school project timeline..
• Assistance as needed throughout the project, as design liaison between
Orange County and Orange County Board of Education.
Program Elemonts of the project are:
• Design for the maximum number of full size soccer fields (360' z 225') that
the site can yield, within design and development standard parameters.
• Smaller (Ull or younger) fields if space allows.
• One field designed as a championship field.
• Irrigation and water fountains
• Field lighting and security lighting
• Perimeter fencing for security purposes.
• Perimeter walking track if space allows.
• Required landscaping and stormwater /drainage erosion control
• Full electric, plumbing and water service
• Parking and entry, and internal roadways
• A building to include: Restrooms, Concession stand, Office, Equipment
room, Team/Meeting room, supply room, HVAC (1,500 — 2,000 sq ft) plus an
extended pad with roof overhang for picnic tables, shelter during
thunderstorms, first aid station, referee station, etc.
Please provide your "lump sum" cost to complete this project as detailed above.
Include mention of your experience with other similar projects. Identify the members of
your team and related experience, along with the individual who will take the lead on this
project and their qualifications.
We hope to hear from you by Thursday, April 15 with your response to this request.
Please feel free to direct any questions to Pam Jones, Craig Benedict or myself. Thank
you for your interest in this project and we look forward to the opportunity to work with
you.
Appendix B -
Approval Procedures & Site Plan Requirements
ECONOMIC DEVELOPMENT DISTRICTS
Project Review Process
Any development .project located within the boundwies of. an Economic Development District is
subject to the review and approval process described below.
1. CONCEPT REVIEW
Prior to developing spedfic site PbW or designs for a proposed development, the appkant b
ww aiged to contact the Planning Department or the Economic Development. Commission to make
sure that the proposed use Is Mowed in the district; and to gain a basic. understanding of the design
standards which must be met. In addition, major issues or problems that will need to be addressed in
the design of the project can be Identified. Depending on the size and complexity of the proposed
development, a more formal meeting between the applicant, Plaming Staff and ED Staff may be
desirable. A meeting will be scheduled at the request of the applicant or either Staff.
11. PRE - APPLICATION CONFERENCE
After a site plan has been prepared, the applicant must.schecule a pre - application conference. The
pre - application conference would be attended by Flaming and ED staff, and the applicant. The
purpose of this meeting is to explain the review:and approval process, and identify any remWN
problems and/or issues that must be addressed prior to stixn ttal of an. application: Once - the
problems and/or issues identified in the pre-application conference hwe been addressed, the
application may be submitted for review in accordance with the EDD Pr*d'Review Schedule.
111. PROJECT REVIEW CYCLE
A new EDD review cycle begins on the first and turd Monday of each month. A summary of the
various steps In the approval process is provided below.
A. Accept or reject application
Each EDD review cycle begins with an application submittal* deadline. -Folloving the submittal deadline
13 .a 5-day period dgrng which the Planning Staff will review the application to make sure that It 1s
complete, and contact the applicant if additional information 13 needed.
_ If the application ps not Mete by 5:W- pm. of the 5th. daffy after submittal, then the entire
application package with a list of defidencies will be returned to the applicant, and* he/she may
re- submit In a subsequent EDD review cycle.
B. Preliminary staff review /Distribution to review agencies
During the first 7 days after an application is accepted, the Planning Staff will conduct its preliminary
review and distribute the application materials to review 'agencies, including but not limited to, those
listed below: .
County Engineer. Reviews plans for providing water and sewer, and design of structural stormwater
controls.
Coaaty`Attorney: Reviews and approves legal documents and agreements.
Erosion Control'DW131m: Reviews and approves gracing plans, erosion control plans, and design of
structural stormwater. controls.
Inspections Division: Reviews and approves bong plans consistent with the Math Cvoka
Building Code.
Public Works: Reviews plans to assure adequate provision for soled waste disposal.
Emergency Semi=: Reviews site plan to assure adequate access and rraneuverabft for
emergency vets
Sberrft's Department: Reviews proposal to assure adequacy of Sheriff's Department personnel.
NC Dept; of Transportation: Reviews plans to determine adequacy of proposed public road r
improvements.
Applicable rim District: Reviews plans to am.we for adequate access and mumverability.of fire
Vehicles and adequacy of water supply for fire - fighting.
Applicable WRY Providers: Provide assurance, though a written agreement, that utility service
can and will be provided to the proposed development.
C. Agency Review
RevieW agencies win have 14 days to coffamt on the proposal: Comments will. be submitted in
writing to the. Planning Staff
D. Compile agency comments and prepare Preliminary Report
Following the 14-day agency review period 13'a 7-day period during which Planning Staff will compile`
comments and prepare a Pre!ar roy - Report: The report will be *distributed to the review agencies
-and to the applicant prior to the Development Review Meeting. I
T. Development Review'Meeting
The Development Review Meeting will take place on the scheduled date at 3.00 P.M. in Conference
Room #1 of the Planning and agrki turai Building. WI review agencies as well as the applicant are .
invited. Agency continents will be su nmarized and discussed, including any conflicting requirements
received from different agencies. The decision to approve or deny the project is made by Staff at
the Development Review Meeting. Project approval will include all conditions and requirements
necessary to comply with the Zoning0rdmance and the EDD Design Manual.
F. Letter of approval, approval with conditions, or denial sent to applicant,
The applicant will be notified in wrfing of the decision to approve or deny the project, and any
conditions of approval wh[ch must be met to con* with the EDD Design Manual. If the applicant
believes that some aspect of the project comes with the intent of the- EDD District in a manner
-wNc 43_' not - addressed .h.the ties .W .manu.4, then-belshe may resubmit the - project as a Planned
Development. The project will be presented at a quarterly public hearing and the decision to approve
or deny the project would be made by the Board of Commissioners.
[I
APPLICATION FOR APPROVAL 0 F A
COMPREHENSIVE SITE DEVELOPMENT PLAN
IN THE ECONOMIC DEVELOPMENT DISTRICT
DATE
PROJECT NAME:
LOCATION:
DESCRIBE PROPOSED USE:
OWNERA)EVELOPER:
ADDRESS:
PHONE*
AGENT/CONTACT:
ADDRESS: PHONE*
A. SUMMARY INFORMATION:
Orange County Tax Map: Block: Lot(s): Twp:
Prkwy or Secondary Developmeht Area
Total acreage: Phases:
A*cent zoning and land uses:
Water Supply: Public ( Provider); Cwvnuxuity; or klividual
Sewage Disposal: _ Public Provider); Community; or kxrvidual
Fire District:
B. SUBMITTAL REQUIREMENTS
Ten (10) copies site plan (see,belaw for specifications)
Site plan applicationform
Application fee
Current Orange County Tax Map with property Identified _
Legal documents establis Ming entities responslble for maintenance of common areast(Oities
Thee copies Err*omnental Assessment or Environmental Impact Statement, if required
Site Analysis
Grading and Erosion Control Plan
Stormwater .Management Plan
Landscape Plan by. registered Landscape Architect
B. SUBMITTAL REQUIREMENTS (CONTINUED);
Lighting Plan showing #, size, placement, appearance, and coverage patterns of all fixtures
Sign Plan showing fit, size, placement, and appearance of all signs
Hazardous Materials Management Plan (Material Safety Data Sheet and Tier Two Form)
Solid Waste Management Plan
Projected water conwmnption rates with documented data
Approval by utility providers (resolution or agreements)
CWcdations for Site Volume Ratio indudng Budding Vokffw, Impervious Surface, floor Arm
and .. .Landscape Volume me (see sample calculation sheet following Application
FCC permit, if required for electrical disturbance
Air Quafity permit, or notice from EMC that permit not required
Maiunum of two dra Wngs of sections throw the entire site showing existing and proposed
grades and the relationship of buildngs and site features
Trip generation estimate with Traffic Impact Analysis for 800+ trips per day
Architectural Submittail Requirements:
Building Con3truction Plans
Elevation of each faucade of principal structures, and one elevation per accessory structure
Documentation of existing character of the surround* area and statement of how the proposal
improves on or incorporates surroundng neighborhood qualities
Schedule of exterior materials and finishes
Site Plan Specifications:
All site plans must be prepared by a registered engkxw, land §cape architect, architect,. or land
surveyor. See Article 14 of the Zoning Ordnance for exceptions.
Scale adequate to show required detail
Bowxlaay of the lots) to be developed labeled with bearings and distances
Name, address, and phone number of applicant and property a*=
Name of project, Va ty map, north arrow, scale, tax map reference number, date of plan
preparation and revision dates
Adjacent right -of-%W widths, road manes and numbers
Site Volume Ratio, Buldng Volume, Landscape Volume
Maximum and proposed impervious surface
Streams, ponds, drainage Wales, stream corridors ( buffers) swaanps, floodPI& and f.100 y
boundaries
Land use buffers, front, side and rear building setbaadss
Existing and proposed contour lines at 5-1oot intervals, 2 -foot intervals acceptable
Existing and proposed bulldings and structures lbeled aacordny to floor area, bukliing.height•
and function, finished floor elevation
Vehicular use areas kxkK ng streets, driveways, parking and loading areas.
overhead and underground u100e3 with ac onVa ykig easements_ including storip drainage
facilities
Solid waste collection and recycling facilities
Free - standing and wall mounted signs as per Sign Plan
Light fixtures as per Lighting Plan
Site Plan Sperm cations (Continued):
Berms, retaining walls, tree wels, or rip rap as part of the grading plan
Phase Ines and numbers tf the development is to be phased
Staging area for storage of construction materials, equipment, and vetbdes
Temporary constructer traDer/office if proposed
NOTE: Additional information may be mgWmd based on the site location and the type of use
proposed.
I, the applicant, hereby certify that the foregoing application 13 complete and accurate.
A *.mt's signature Owner's signature
.Date Date
AMPLE CALCULATION SHEET — LAND USE INTENSITY SITE EVALUATION
r,rsion 3.1.94 — Planning & Inspections Department — Orange County, N.C.
Width — Front (Ft): Front
— Rear '(Ft): Side
Depth —Side (Ft): Side 0)
— Side '(Ft): Rear
Lot Area — W/O Street ROW (Acres):
— W/ Street ROW (SciFt): (Acrcs*l--
Story use
(.,ocation:
Taz Ma Reference:
Length
t
PIN Reference:
Area
IFQ
91C Number.
Number of EM to ees:
Product or Service:
Land Use: Enter "1 "in sjpma ce beside each a licabk land usa Enter Vin space beside those that do not appIy.
industrial:
Bor iddustrh4 M fn "Number of
�plqy=ffabove-
Warehomse/Distribution:
For warehouse, MI At 'Number of Em
Eva, 0:
For oftq Mm "Floor Area' data below-
SerWce:
11112MM:: giiii W!
Fast Food:
rvrzWt3uran;& enternumberofseats-
CdnNenfence Store:
For convankoce, W k 'FIborArea 'Ida ta below
Motel:-
For motels, enter n umber of rooms-
Drive—In Bank:
lbrbank4 enternumberof drive—in windows
Retail Store:
Bor retag IM in 7166rArcs - da (a below-
Width — Front (Ft): Front
— Rear '(Ft): Side
Depth —Side (Ft): Side 0)
— Side '(Ft): Rear
Lot Area — W/O Street ROW (Acres):
— W/ Street ROW (SciFt): (Acrcs*l--
Story use
.'Number
Length
t
Width
t)
Area
IFQ
Total
A
ALUATION (CONTINUED)
& Inspections Department
Orange County,
LAND USE INTENSITY SITE EVALUATION (CONTINUED)
Version 3.1.94 — Planning & Inspections Department — Orange County, N.C.
:gee, r
Number.
>'$mal:secs«v." > „: . ,:
Number:
Small
Shrubs Per Acre of
Unobstructed Open Space
1 -4 Feet
4 -6 Feet
6 -12 Feet
% Distnbution Trees,
age
Small
%Distnbution Shrubs
1 -4 Feet
4 -6 Feet
F 6 -12 Feet
TotaL-
Total
Number. I
Trees Per Acre of
UnobstructedDpeeSpace
Large
Small
Shrubs Per Acre of
Unobstructed Open Space
1 -4 Feet
4 -6 Feet
6 -12 Feet
% Distnbution Trees,
age
Small
%Distnbution Shrubs
1 -4 Feet
4 -6 Feet
F 6 -12 Feet
Total