Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2010-031c AMS - Corley, Redfoot and Zack Link remodeling contract
® TM _�-r= Document B151 — 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the eight'n (8eh) day of Decefabear in the`year of two thousand and nine (2009) 'I (In words, indicate day, month and year) ' BETWEEN the Architect's client identified as the Owner: ()ame, address and othersinformation) This document has important legal consequences. Count of Ora a Consultation with an attorney y asst Manag einent and Purchasing Services is encouraged with respect to g �' 9 P 131 T1est Margaret Vane, #301 its completion or modification. liilis��rough, �� )7l78 and the Architect: (Name, address and other information) Corby Red£66t,7ack, Inc.` 2)2 Cloister C60t C3pl Mill, NG 27514 For the following'Project: (Include detailed description of Project) Pi1�se 1 C - John M. Link, .Jr., Building Renovation: Project nc lucies designing Vne £ollo=wing scope of w4:)rk: Board of County Commissioners Meeting room and support areas (1st level) qe4 public, toilet rooms (1st level) Additional w rk necesary to complete the fire suppression system The Owner and Architect agree as follows. AIA Document B151TM—1997.Copyright 01974,1978,1987,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, 1 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. 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. 012iThe 1Architect's services shall be performed as expeditiously as is consistent with professional skill and care and 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. §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" 412.6.1 The Architect's responsibility to provide Basic Services for the Construction Ph ase 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 thel 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 providedlin this Agreement.Modifications made to the General Conditions,when adopted as part of ` the.ContractDocuments, 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 0 Duties,responsibilities acid 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,nal*unreasonably withheld. §2.6''.4 The Aithitiict,Aiff 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 Agreementunless 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;l2,(1)to become generally I 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 to to determine in general if the Work is being performed in a omp manner indicating that the Work,when fully cleted,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: S Le-le 12.2. K §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 p g 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. 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 CERTIP,ICATES FOR PAYMENT I §2:6'.91 The'Arciltect shall review and certify the amounts due the Contractor.and shall issue certificates in such I , Y amounts. AIA Document B151TM—1997.Copyright©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, 3 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. §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, wmt�infoMation and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing §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 §3.1 GENERAL §3AA 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 iL er vices described under Contingent Additional Services in Section 3.3 are required due to circumstances Architect's control,the Architect shall notify the Owner prior to commencing such services.If the Owner s t descri bed under Section 3.3 are not required,the Owner shall give prompt written notice to the Architect.If he 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 §3.2.14f 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 shalf bez 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. §13 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. §1.3.2 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. §334 Providing services in connection with evaluating substitutions proposed b T the Contractor and making 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 B151TM—1997.Copyright©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, 5 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. §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 excepf"ere 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. §I114 OPTIONAL ADDITIONiA1 SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. - §3.4.2 Providing fina vial feasibility or other special studies. su dks site evaluations or comparative studies of prospective sites. . . . ; . P P p ��§3 4 3 PFFrourdmg plannling rul y , §� 3.4.4 Pro idi ecia sur 'ellll l��i'�� environmental studies and submissions required for royals of governmental asp Y , q approvals g on than ha�risdiction over the Project. §3.4.5 Provi°idirig service MlaWe to future facilities, systems and equipment. vi sling serylices to investigate existing conditions or facilities or to make measured drawings thereof. §3 4 7Prbviding ser llll'Itces toll lerify the accuracy of drawings or other information furnished by the Owner. §3i 4 8 Providing eoordinAIllll1ii of construction performed by separate contractors or by the'Owner s own forces and coordination of service;rec�liured m connection with construction performed and equipment supplied by the Owner. q Providing services in connection with the work of a construction manager or separate consultants retained by the 3.4:1aProvidin IIIldetailed estimates of Construction Cost. §3.4.1 1 IProvidi, detailed quantity surveys or inventories of material,equipment and labor. li l §34.12 1,Providin Ig� analyses of owning inn and operating costs. § x,4.13 Providiiil� Illlinterior design other similar services required for or in connection with the selection g g q procurement or installation of furniture,furnishings and related equipment. - §3.4.15 Making investigations,inventories of materials or equipment,or valuations and detailed appraisals of existing faclities. §3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made daring construction based on marked-up prints,drawings and other data furnished by the Contractor to the Architect. §'3 4111;1IH7!Providing assistance m the utilization of equipment or systems such as testing,adjusting and balancing, I'llll .preparation of operation and maintenance manuals,training personnel for operation and maintenance,and consu ltation during'loperation. AIA Document B151TM-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, 6 or any portion of it,may result 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. I §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 'a 6tdance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES P-.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. §42 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 wnershall 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 Archilectl in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §4.4 The Owner shah furnish sure eys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site. 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 and11&vths.All th�lnformation 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 servicesmay include but are not limited to test borings,test pits,determinations of soil bearing values,percolation Pests;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 furnishh 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 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 shall be entitled to rely upon the accuracy and completeness thereof. §4.110 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in,ttie Project including any errors,omissions or inconsistencies in the Architect's:Instruments of Service. AIA Document B151 TM-1997.Copyright @ 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, 7 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. ARTICLE 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'Ownejri'of all elements of the Project designed or specified by the Architect. I I � I I III II II s ill §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 ma na' ment or supervision of construction or installation provided by a separate construction manager or contractor, ge p ICI I allreasonable allowance for their overhead and profit.In addition,a reasonable all. wance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work.° II III i it IIII I II I 1250.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants,the costs of the land ri hts-of-wa and financin or other costs that are e e onsibilit of the Owner as provided in Article 4. g Y g th x sP Y P 1 1§,12 RESPONSIBILITY FOR CONSTRUCTION COST § 12.1 Evaluations of he'Owner's Project budget,the preliminary estimate of Construction Cost and detailed estimates Iof Construction Copt,llif any,prepared by the Architect,represent the Architect's judgment as a design professional I familiar with the cons t ru cri ind on ustry.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor;ilmaterialslllior equipment,over the Contractor's methods of determining bid prices,or over competitive bidding,market or Iiegotiating conditions.Accordingly,the Architect cannot and does not warrant or represent tliatlnegotiated prices will not vary from the Owner's Project budget or from any estimate of Consti 6&6on°Oost or evaluation prepared or agreed to by the Architect. i §5.21112 Nolilfiled li"iliMtonAiMficin Cost shall be established as a condition of this Agreement by the furnishing, prop'I'osal or'ellstablisflment of a1lPr6j ect budget,unless such fixed limit has been agreed upon in writing and signed by the I II parties hereto.I such a fixed'limit has been established,the Architect shall be permitted to include contingencies for I - VIII des i gn,b i din ,a d rice escation to determine hat materials,`,equipment,component systems and types of construction are to be included in the Contract Documents,to make reasonable adjustments is the scope of the Project and4birliclude in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit.Fixed limlts,if and, hall be increased in the amount of an increase in the Contract Sum occurring after execution of the IlContraet for Construction. I I within da after the Architect submits the 'Iu2 IIII f the Bid ding or, otiation Phase has not commenced i In 90 s 5 3�I Ne w � § � i I g g ,. Y Construction Documentsllto,the Owner;any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the!Igeneral level of prices in the construction industry. §5.2.4 If i fixed hmlt OECOnStruction Cost(adjusted as provided in Section 5.2.3)is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: 11 give written approval of an increase in such fixed limit; g 2 I Ia Itithoize rebidding iddin or renegotiating of the Project within a reasonable time, I I:31 I I terminate in accordance with Section 8.5; or PII I -I .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the 11,11,111fixed limit,if established as»a condition of this Agreement,,. e modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5.The Architect shall be entitled tt compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is r/ commenced. and as de:' ild `l-&asonahle by tM.`I ter-t �+ Iy. ARTICLE 6 USE OF ARCHITECT`S INSTRUMENTS OF SERVICE §6.1 III I rawmgs;°specifications and other documents,including those in electronic form,prepared by the Architect and then IArclutect's consultants are Instruments of Service for use solely with respect to this Project.The Architect and the .I Architi'e nit s'li�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 co Pri hts.y AIA Document B151TM—1997.Copyright©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, 8 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 AM Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.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 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 this license.Upon such termination,the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control.If and upon the date the Architect is adjudged in default of this Agreement,the foregoing license shall be deemed terminated and replaced by a second,nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and,where permitted by law,to make'changes,corrections or additions to the i Instruments o f Serve solely f o r purpos e s o f completing,using and maintaining the Project. §6.3 Except forthe licenses granted in Section 6.2,no other license or right shall be deemed granted or implied under this Agreemeiii. he Ownershall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party=without the prior written agreement of the Architect.However,the Owner shall be permitted to authorize the-Contractor,Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or S nalterations urposes in connection with the Project is not to be construed as publication in derogation of the reserved Architect and the Architect's consultants.The Owner shall not use the Instruments of Service for future to this Project or for other projects,unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without_liabilitY` to the Architect and the Architect's consultants. §6A Prior to the Architect p &iding to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service,the Owner and the Architect`shall by separate written agreement set forth the specifie conditions governing the format of such Instruments of Service or clectromc data,including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7` DISPUTE RESOLUTION §7.1 MEDIATION /�may §7.1.1 Any claim,dispute or other matter in question arising out of or related to this Agreement-s tiP;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 X�L §7.1.2 The Owner and ArrAitect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,qua.less 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 60 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 having jurisdiction thereof. ON §711 Any,claim,dispute or o e nt of or related to this A eemehall bfrssubject to" arbitration,Prior to arbitration,the parties shall end es y me.. tai Secti AIA Document B151 TM—1997.Copyright @ 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, 9 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. 2.2-Claims;disputes and other matters in question between he parties that are not resolved by mediation shay decl by arbitration which,unless the parties mutually agree otherwise,shall be in accordance with the C struction Industry �wrnitiith ules of the American Arbitration Association currently in effect.The demand fo itration shall be filed in the other party to this Agreement and with the American Arbitration Ass tion, ' III A�lemand for arbitra' shall be made within a reasonable time after the clai rspute or other matter in question has arisen.In no events the demand for arbitration be made after t ate when institution of legal or equitable proceedings based on such c dispute or other matter in ques would..be barred by the applicable statute I of limitations. 7.2.4 No arbitration arising out of or relating to this A ent shall include,b consolidation or joinder or in an I Id I § g g Y J _Y IIIIIIIi other manner;an additional,person or entity not a p to this Cement,'except by written consent containing a specific refeence to this Agreement and signe y the Owner,Arcln t, and any other person or entity sought to be joined Consent_to arbitration involving dditional person or entity sha t constitute consent to arbitration of any claim,dispute or othdift r in qu on not described in the written consent or th a person or entity not named or described therein.Theforego agreement to arbitrate and other agreements to arbitr with an additional person or entity duly consented to pat•Ities to this Agreement shall be specifically enforceable in ac c ance with applicable law in;an court havin' ' risdictioln thereof. y ill Iu I 7 a VIII `e dered t e arbitrator r t e final a d'u judgment may be entered upon it' 2 5 aw rd r n b h o arbitrators shall b n d m I § YI J g Y p a dance wLth:apphcable law'in any court having,Jurisdiction thereof. A 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 Ito this Agreement:This mutual waiver is"applicable;without limitation,to all consequential damages due to either party's tl rminatidi llrl accordance with Article 8. I ,, II uplIIIIII, ARTICLE 8 ;'III TERM'INA'TION QR SUSPENSION §8.1 If the dwner fails tollllrrlahe payinenfs to the Architect m accordance with this Agreement,such failure shall be consdered`substantal nonperformance and cause for termination or,at the Architect's,option,cause for suspension of pgrpMUWC of sere ces 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 r46 inability to the Owner for delay or damage caused the"Owner because of such suspension of services Befote resuming:'services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in tfiel irit"!rruptioln and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall bee equitably adjusted. q Y J - 6$.2 If the Protect 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 incurredm 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. §II1811II!91I!ITf the Project is suspended or the Architect's services are suspended for more than 90 consecutive days,the I AAA 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 II 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' rru ' IT e mi nation Expenses as defined in Section n P nor to tenatro n t ther 1 th eim bursab 1 `E x e n es then due and al I.I.: I _ I 'L.0 II II 8.7. AIA Document B151 TM-1997.Copyright©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, 1 O 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 §9.1 Tins Agreement shall be governed by the law of the principal place of business of the Architect,,unless otherwise provided in Article 12. §9.Z 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. §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 oflimitations commence to run,any later than the date when the Architect's services are substantially completed. §44 To11,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 A201, General Conditions-of 111e.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. §9A 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 yiding 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. M.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 B151 TM—1997.Copyright©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, 11 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. 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 ancl other statutory employee benefits,insurance, sick leave,holidays,vacations,employee retirement plans and gird r contributions. I � B 10.21IIRE'IM URSA BLE EXPENSES Reimbursable Expenses are in addition to compensation for Basic and Additionall Services and include expenses j incurred by the Architect and Architect's employees and consultants directly related to the Project,as identified in the followin Clauses: g .1 transportation in connection with the Project, authorized out-of-town travel and subsistence,and electronic communications; III II - l ii .2 fe- es paidilf6fisecuring approval of authorities haven g jurisdiction over the Project; .3 II' reproductions,plots, standard form documents,postage,handling and delivery of Instruments of Service; p me work requiring higher than regular rates if authorized in advance by the Owner;11 4 ex ense of overtime 5 - renderings,rri and mock-ups requested by the Owner II"I' �I I II�II it II ud�llllllI lllItl ll I I I .6 -- x -en�-_se of P os! e s !I�s' ional liability insurance c e dedicated exclusi vely vel to his Project or the expense ense of addtial insur at� ce coverage or limits requested b the Owner in excess of that normally carried b the Ar— ect and heArchitect'sconsul tart s,Al I:7 III ., re>mbursa -e-- e_nses as designated in Article 12 .8 other sltrular,dlrect Protect related expenditures. II PAYMfNTS ON ACCOUNT 4P BASIC SERVICES 1 the minimum payment under this Agreement - 10.3.1 An,lmtial a merit asl�'set forth m Section 1 l.1 s - § P:Y P Y g L � I I�Illli' e made monthly :where applicable,sha 1 e in ro ort,o n to 110 3:2 Subsequent payments�llfor Basic Services shall b y pp 1 b p p, I hill is i �'i - lip�::. .. 1 on the basis set forth in Section 11.2.2. lllh 'services per Or -wrthm eachd hase o service P _ §10.3':3 If and to the ektent t'&"the time initially established in Section 11.5.1 of this Agreement is exceeded or extefded through no fault of'the Architect,compensation for any services rendered during the additional period of time shall.he computed in the manner set forth in Section 11.3.2. Iti� I II���'I' I c ' Cost d an portions of the Pro'`ect are deleted or 10.3.4 When.-mom ensation is based on a ercenta e of Constru tion C an II ',III Illlill'i III Illil'§ _ P P g Y p J otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are e f: p r o IIIImed on those portions,in accordance with the schedule set forth in Section 11.2.2;based on(1)the lowest bona fide:bid or ne otiated ro osai or 2 if no such bid or proposal is received,the most recent preliminary estimate of g P P ( ) P p P Y Cnristiuction Cost or detailed estimate of Construction Cost for such portions of the Project. �I I I E T N,I ACCOUNT OF ADDITIONAL SERVICES �10.4�PAYIUf N S 0 i4C Itilillll - I IIIIiIIIIIIIIV'III IIIIII YID•. - i - d for Reimbursable Expenses shall be made monthly Pay�tnents onaccount of the Architect's Additional Services an o p y upoti''presentation of the Architect's statement of services rendered or expenses incurred. �I 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 -- - � � Expense shall be available to the:Owner or the Owners'authorized o 1 rates or a multiple of D>,rect Personnel h. uX Y P IVI '' repreetitative alt'mutually convenient times. AIA-Document Ell TM^—1997.Copyright©1974,1978,1987,and 1997by 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, 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,copyright@aia.org. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: §11.1 An Initial Payment of N/A ($ 4/A )shall be made upon execution of this Agreement and credited to the Owner's account at final payment. §11:2 BASIC COMPENSATION §112.1 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 is a Stipulated Sum :dfl Sixty-onto th:)usand three hundred dollars $61;3}0.00). §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: (Insert additional phases as appropriate.) Schematic Design: percent( %) Design Development Phase: percent( %) Construction Documents Phase: seventy percent( 70 %) $42,910 Bidding or Negotiation Phase: f ive percent( - 5 %) 3,065 Construction Phase: twenty-five percent( 25 %) 157 61,340 Total Basic Compensation one hundred percent( 100.00% ) §11.3 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: Principal's Time: $110%our Azrenitect's Time: $ 35/hour CA0D Time: '$ 65/'nour Construction Administration: $ 75/houlr OtIIZer efaployees at a rip- of 2.75 times direct izouirly wage. AIA Document B151TM—1997.Copyright©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, 13 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,copyrlghtC@aJa.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 ii'Identify Principals and classify employees, if required.Identify specific services to which particular methods of _ I coni en'saltion apply, if necessary.)- lili I �uVVI„; I III I I —. Sew% a caph''11.3.1 374 ve I I I IIII''hul - I - IIIIII ,IIII I I _ - II - - - I lul liilh I I I I ,.I II I I I , -. IIIIIII I I, I - I IIIII I�:: II I _- II II 1111, -- _ ,II I - I - I I II I I I - III III Iill�ll ,III I I - I lll'Il I' !9i II'I - I I. :III — j illlu al mechanical and electrical en lveerm §hII1111I13.3ForAdd�tinal Services of,Consultants,mcluding add>tlonal structural, g g r entlfied in Article 12 as art of Additional Services a multi le of III,III . services and hose rovided under Section 3.4.19 o id p P p pne and 2/10 ICI times the amounts billed to the Archite Identify specafic typl� s of consuliffints in Article 12,cif required.) ql §114 REIMIBURSABLEIIgIEX0MES III ._ ' II IIII For h7eimbl rsabl�Experillses'as described in Section 10.2,and any other items includ dzin Article 12 as Reimbursable p - p grit'_ ( 1.0 )times the expenses incurred by the Architect, 'I 11 erases multi le of II IIE, u. � I, the Architect s em To- ees and consultants directly o the Project. - _ J I Y p. .Y I _ §11.5 ADDITIONAL ROVISIONS I Ili I I I .�11.5.1 If the�aslcII I ISI s co covered b this Agreement t have not been completed wrthm v�ce ¢olrte_ri II I I IIIIII,iII� (II II l4 ),months o4ihe date hereof,through no fault of the Architect,extension of the Architect's services beyond It11dt tiIme sh all be complensated as provided in Sections 10.3.3 and 11.3.2. I f ul, I II I Ipayable§1115. Pa m, I e Ilnlits ae du I e and tw��t Y 20 ) days from the date of the Archtecs.in Amounts unp aid twenty-f ive 25 days after th e 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. lull --_ - SIX ppcc en (6%). II I -- I r redit laws and requirements under the Federal Truth to Lending Act similar state and local;consume _c w, (Usury laws a g - q and other regulations at the Owner' and.Architect's principal places of =business, the location,,_f the Pro ect and _ else Ihllere may Iect the validity of'this provision. Specific legal advice should be obtained with respect to deletions or pllllIImMiNatiolns,and'also regarding requirements such as written disclosures or waivers.) 'I'll III VIIVIp II I I, I - L Ill'ill __ I i� — I ' .il,1,111,11 9 §11 5 3 le rates and multiples set forth or Additional Services shall e a Jus e 'm accordance w1 e normal salary review practices of the Architect. AIA Document 13 151 TM-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, 14 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. i 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.) Sew attached rkcticle 12, page 15. See attach ed r3esi n �cO sal letter 12/y/0'3. g Thi's Agreement entered into as of the day and year first written above. OWNER ARCHITECT ic6l ify' Of Corley Redfoot 7a k, Inc. Si ature a nature U - Kenneth r. R&IfoOt, AIA, LEEO A? (Printed name and title) (Printed name and title) I i I 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 B151TM—1997.Copyright©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, 15 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,copyrightC&aia.org. AIA Document B151-1997 page 16 Phase II-John M. Link,Jr.,Building Renovation AR'T'ICLE 12 O'T'HER CONDITIONS OR SERVICES 12.1 The Designer's ability to adhere to the schedule proposed by the Owner is predicated upon timely receipt of reviews and approvals from the Owner,authorized agencies or agents of the Owner,consultants or contractor hired by the Owner and local or state agencies having jurisdiction over the project. It is CRZ's understanding that a proposed completion date in the fourth quarter of 2010 is anticipated. 12.2 CONSTRUCTION PHASE: 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,for the estimated seven(7)-month 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." 12.3 Services not included: a. Printing,postage,reproduction (billed at cost) b. Topographic or boundary surveys C. Subsurface investigation,soil,concrete and soil testing during construction d. Legal fees e. Renderings or models f. Off-site utility design g. Town permitting or approval process fees. h. Revising design and details for reduction of cost as required by the Owner or Contractor after each phase of design has been started or completed. - " j. Mileage @$0.55/mile. x Link-con12 I CORLEY REDFOOT ZACK INC. ARCHITECTS • ENGINEERS PLANNERS December 9,2009 Received MsPamela K.Jones,Director Asset Management&Purchasing JAN 2 ,-) 2010 Orange County GLENN D.CORLEY,AIA P. O.Box 8181 orange County Chairman Hillsborough, NC 27278 Purchasing and Central SeNqeeS KENNETH E.REDFOOT,AIA,LEED AP President RE: Phase I1—John M.Link,Jr.,Building Renovation Project MICHAEL L.HAMMERSLEY,PE Partner BOCC Meeting Room and Support Spaces ANDREW R.CRUICKSHANK,AIA,LEED AP Partner Dear Ms.Jones: DAVID M.TAYLOR,AIA,LEED AP Partner Corley Redfoot Zack, Inc., is pleased to submit to you our fee proposal to KIMBERLY D.BUFF,AIA,LEED AP provide professional design services for the above-referenced project. Associate LAURENCE W.BUNCH,AIA Associate Now that the Phase I renovations are complete, it is important to begin the HARRY M.IENSEN design work required for Phase II in anticipation of the proposed Phase II Associate completion date of December 31, 2010. KENNETH E.SMITH Associate The scope of work for Phase II includes renovations to the ground floor of 71 the existing Link Building to create a new Board of County Commissioners'meeting room and support areas,new Mens and Womens toilets rooms, and the work necessary to complete the fire suppression system. Our design team will include the following consultants: Po sox 2368 - Reece, Noland&McElrath,Inc:Mechanical, Electrical, and Chapel Hill,NC 27515-2368 Plumbing Engineers 222 Cloister Court Chapel Hill,NC 27514-2212 Our fee for Basic Services for the scope of work outlined above,with the consultant team as listed above, is$61,300. Basic Services design phases, with associated fees, shall be as follows: Design&Construction L S Construction Documents: 70% $42,910 Bidding Phase: 5% 3,065 Construction Administration: 25% 15,325 (919) 401-8586 Telephone 100% $61,300 (919) 493-7306 Fax www.corleyredfootzack.com i Ms. Pamela K.Jones December 9, 2009 RE: Phase II—John M. Link Bldg. Renov. Page 2 I I Please let me know if you have any questions. We are looking forward to working with Orange County on another important project for the community. Sincerely, < E.Redfoot, AIA LEED AP President KER:esw/Link I I i I I ail I CORLEY REDFOOT ZACK.c. i Orange County f Asset Management & Purchasing Services 17 52 Transmittal Vlao Courier Mail Pamela K. Jones, {director C RTC Subject: Link Center Phase II Date: March 15, 2010 To: Corley Redfoot Zack, Inc Attn: Ken Redfoot, AIA LEED AP POB 2368 Chapel Hill, NC 27515 Enclosures: PE�] As mitted For: Action Taken: ❑ Letter roval / Signature Q Approved / Signed Original ❑ Contract ur Use ❑ Returned for Corrections Q Change Order Re uested ❑ Other: Lease A reement eview and Comment ❑ Forward to Contractor Item # Copies Date Description 001 1 12/08/09 Architect's Agreement with Owner-Phase II - John M Link Jr. Builidng Renovations - $61,300 i - -- Remarks: CC: For questions or comments, or if enclosures are not as noted, please contact Tammy Comar at 919-245-2657, or email tcomar@co.orange.nc.us. Thank you. ORANGE COUNTY-CONTRACT CONTROL SHEET Routing Order: (1)Department,(2)IT,(3)Risk Management,(4)Financial Services,(5)Attorney,(6)Manager,(7)Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through,and complete,the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Corley Redfoot Zack Inc. Party/Vendor Contact Person: Ken Redfoot. Contact Phone: 919-401-8586. Party/Vendor Address: POB 2368. City Chapel Hill. State: NC Zip: 27515-2368 Department: AMPS Amount: $61,300 Purpose: Phase II Link Center Building Renovation Design Budget Code(s): 61370035-870000-30035 Vendor # 41427 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No❑ Contract Type: (Check one) New ❑ Renewal ❑ Amendment ❑ Effective Date 02/16/2010. If this is a Grant Agreement, pre-application has been approved by the Board of Commissioners Yes No If submitted forbid were bids/RFPs received Yes❑ No❑. Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signature: Date: IT Director (Applicable only to hardware/software purchases or related services)This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature: Date: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; ❑ OR No Insurance Required ❑. Hold Contract pending receipt of Certificate of Insurance ❑. With incorporation of Insurance provisions as shown,this contract is approved by the Risk Manager: Risk Manager's Signature: Date: Financial Services This Contract is conditioned upon appropriation by the Board of Commissioners Yes❑No❑. A budget amendment is necessary before approval Yes[:]No❑. If budget amendment is necessary, please attach to this form. This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Financial Services Director's Signature: Date: County Attorney Approval by Board ❑ (Contracts over $25,000.00 or any BOCC consultant contract). Approval by Manager ❑ (All contracts $25,000.00 or less with the exception of BOCC consultants). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: County ManaseY This contract has been reviewed and is approved by the County Manager Yes❑No❑. This contract has been reviewed and is to be submitted for BOCC consideration Yes❑No❑. Manager's Signature: Date: Clerk to the Board Approved by Board Yes®No❑ Agenda Date: Clerk's Signature: Date: