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HomeMy WebLinkAboutAgenda - 08-23-1994 - VIII-G f t ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V=-G ACTION AGENDA ITEM ABSTRACT Meeting Date:August 23,1994 SUBJECT: Contract approval;Architectural Services Sheriff's Department Renovation DEPARTMENT:PURCHASING AND CENTRAL SERVICES PUBLIC HEARING: YES: NO: % ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext.2650 Contract Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider approving a contract with Hakan/Corley&Associates,Inc.for construction documents,drawings etc., necessary to complete the Sheriff's Department Renovation Project. BACKGROUND: On August 4,1993 the Commissioners approved a contract in the amount of$4,200 with Hakan/Corley for the following services: 1. To conduct an analysis of the Sheriff's Department functions; 2. To define what was possible within the existing building;and 3. To make recommendations for an addition to the building which would be funded through a later CIP. At the conclusion of the analysis Hakan/Corley had developed a program which reconfigured the existing space in a manner which would meet the Sheriff's identified program issues for several years hence. Since the location of the Sheriff's Department may be impacted by the results of the Justice Facility Study Group,renovation,rather than a more expensive addition at some point in the future was deemed the best option to pursue. The office areas are configured in a manner conducive to efficient flow for any office environment,so if the Sheriff Department were to be relocated the building would not require extensive modification for a more traditional office use.This information was presented to and endorsed by the Board in January,1994. The architect estimated that this project(including architect fees) could be built for approximately $230,000,of which$80,000 had been appropriated through a previous CIP. The Board appropriated the additional funds necessary for the project in the 1994-1999 CIP. Bid award for this project is included as separate item on this agenda. We are pleased to note that the bids are within the amount appropriated. The original contract approved for Hakan/Corley did not include the drawings,specifications,contract documents,construction inspections,etc. necessary for the renovation project.The fee for this work is $15,740. This brings the total fee for the project to $19,940 (9.5% of construction budget). The attached contract formalizes the agreement for the work previously authorized by the Board. RECOMMENDATION: The Manager recommends that the Board approve a contract with Hakan/Corley &Associates,Inc.,in a sum of$15,740 for design work associated with the renovation of the Sheriff's Department building;and authorize the Chair to sign on behalf of the Board. a T H E A M E R I C A N I N S T I T U T E O F A R C HI I T E C T S(- 'L AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFMATION AGREEMENT made as of the fourth day of August in the year of Nineteen Hundred and ninety-four. BETWEEN the Owner: County of Orange (Name and address) Hillsborough, North Carolina and the Architect: Hakan/Corley & Associates, Inc. (Name and address) P. 0. BOX 2368 Chapel Hill, NC 27515 For the following Project: Renovation of Orange County Sheriff's Offices (Include detailed description of Project, location, address and scope.) 144 East Margaret Lane, Hillsborough, NC 27278 The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCInaw 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIAS •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 1 i � 3 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 -heduIe "' construction budget, the Architect shall pr , fora 1al by the Owner, Design Develop me currents ARCHITECT'S RESPONSIBILITIES consisiing-orcmQngs and other docume o fix and describe the size and characte he Pro as to architectural. struc- 1.1 ARCHITECT'S SERVICES rural, mechanical and el vstems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as e appropriate formed by the Architect, Architect's emplovees and Architect's 2,3.2 Architect shall advise the Owner of anv menu consultants as enumerated in Articles 2 and 3 of this Agreement a preliminary estimate of Construction Cost. and any other services included in Article 12 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner,the men Based on the approved Design Development lily o Architect shall submit for the Owner's approval a schedule for menu and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifica- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construc- the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not,except for reasonable cause,be exceeded 2.4.2 The Architect shall assist the Owner in the preparation of by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11 5 1. Owner and Contractor 2.4.3 The Architect shall advise the Owner of anv adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction 2.1.1 The Architect's Basic Services consist of those desc • d over the Project. in Paragraphs 2.2 through 2 6 and any other services id tified in Article 12 as part of Basic Services,and include no9l6al strut- 2,5 BIDDING OR NEGOTIATION PHASE tural, mechanical and electrical engineering servic . 2.5.1 The Architect, following the Owner's approval of the 2. SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate i" 2.2. he Architect shall review the pro furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner ascertain the requirements of a Project and shall or negotiated proposals and assist in awarding and preparing arrive at a tual understanding of su requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE—ADMINISTRATION 2.2.2 The Archite shall provi a preliminary evaluation of OF THE CONSTRUCTION CONTRACT the Owner's progr sch ule and construction budget requirements, each in to f the other,subject to the limita- 2.6.1 The Architect's responsibility to provide Basic Services tions set forth in Subp h 5.2 1. for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 2.2.3 The Architect all revie with the Owner alternative at the earlier of the issuance to the Owner of the final Certificate approaches to deli and constru ' n of the Project. for Payment or 60 days after the date of Substantial Completion 2.2.4 Based o he mutually agreed-u n program, schedule of the Work,unless extended under the terms of Subparagraph and constru on budget requirements, a Architect shall 103 3 prepare, lo approval by the Owner, Schem c Design Docu- 2,6.2 The Architect shall provide administration of the Con- ments c sisting of drawings and other docum is illustrating tract for Construction as set forth below and in the edition of the sr and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2. The Architect shall submit to the Owner a prel inary• Construction, current as of the date of this Agreement• unless timate of Construction Cost based on current area,volum or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authorin of the ES EVELOPMENT PHASE Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Bas ve c Documents the Contractor, which consent shall not be unreasonably an any adjustments authonzed by the Owner in the p withheld. ALA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1711 NEW YORK AVENUE.N W WASHINGTON.D C.20006 0141-1987 2 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work,(2) reviewed construction means, meth- and consult with the Owner(1)during construction until final ods, techniques,sequences or procedures,(3)reviewed copies payment to the Contractor is due, and(2)as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction.The the Contractor s right to payment or(4)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used monev previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will be in actor- ments, whether or not such Work is fabricated, Installed or dance with the Contract Documents. However, the Architect completed. However,neither this authority of the Architect nor shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the Work. On cise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3 2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means, methods, and the design concept expressed in the Contract Documents techniques,sequences or procedures,or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are promptness as to cause no delay in the Work or in the con- solely the Contractor's responsibility under the Contract for struction of the Owner or of separate contractors,while allow- Construction. The Architect shall not be responsible for the ing sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in actor- permit adequate review Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracN and com- have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by thb Contract Documents. The Architect's revlew wherever it is in preparation or progress. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized,the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect Communications by and with the Archi- When professional certification of performance characteristics sect s consultants shall be through the Architect. of materials,systems or equipment is required by the Contract Documents, the Architect shall be entitled to relv upon such 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall certification to establish that the materials, systems or equip- the will meet the performance criteria required b% the Con- review and certify the amounts due the Contractor tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2,6,13 The Architect shall prepare Change Orders and Con- tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2 6 5 and and data if deemed necessary b,, the Architect as provided in on the data comprising the Contractor's Application for Pa%- Subparagraphs 3 1 1 and 3 3 3, for the Owner s approval and ment, that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that, to the best of the Architect's knowledge. information and may authorize minor changes in the Work not involving an belief, quality of the Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract e%aluation of the Work for conformance with the Contract Documents Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed h% the Architect The issuance of a completion. Shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owners review and records written warranties and related that the Contractor is entitled to payment in the amount certi- documents required hx the Contract Documents and assem- fied. However, the issuance of a Certificate for Payment shall bled b% the Contractor and shall issue a final Ccrtitit..itc for Pay not he a representation that the Architect has(1)made exhaus- ment upon compliance with the requirements of the Contract Live or continuous on-site inspections to check the qualin or Documents AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIAS • C 198- 3 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1'35 NEW YORK AVENUE,N W.,WASHINGTON D C 20(AN, e J 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- cerning performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modifv the rights,responsibilities or obligations of the Architect within anv time limits agreed upon. as described elsewhere in this agreement. 2.6.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previoush, to either, and shall not be liable for results of interpretations or given by the Owner, including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget, tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.18 The Architect shall render written decisions within a documents, or reasonable time on all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant 2.6.19 The Architect's decisions on claims, disputes or other changes in the Project including, but not limited to, size, qual- matters, including those in question between the Owner and ity, complexity, the Owner's schedule, or the method of bid- Contractor, except for those relating to aesthetic effect as pro- ding or negotiating and contracting for construction,except for vided in Subparagraph 2.6.17,shall be subject to arbitration as services required under Subparagraph 5.2 5 provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included 3.3.5 Providing consultation concerning replacement of Work in Basic Services unless so identified in Article 12,and they shall damaged vi fire or other cause during construction, and fur- be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3 4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3 3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to com- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- With the Work. tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing. gation to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC .architect is party thereto SERVICES 3.3.9 Preparing documents for.alternate,separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding, negotia- described in Subparagraph 2 6 5 is required, the Architect shall tion or construction prior to the completion of the Construc provide one or more Project Representatives to assist in carry- tom Documents Phase ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and directed bN the .architect, and the Architect shall be compen- 3.4.1 Providing analvses of the Owner s needs and program gated therefor as agreed by the Owner and Architect. The ming the requirements of the Project duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial teasihiht% or other special studICS Representatives .hall be as described in the edition of AIA DOCUmcni B352 current as of the date of this Agreement,unless 3.4.3 Providing planning sun evs, site evaluations or com- otherwise agreed. param e studies of prospective'ices AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT- FOURTEENTH EDITION-Alas - ©1997 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W.,WASHINGTON.D C.20(X* 8141-1987 4 / e [O 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish evi- and equipment. dence that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement facilities or to make measured drawings thereof 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to venf, the accuracy of drawings or act on the Owner's behalf with respect to the Project The other information furnished by the Owner Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderiv separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services nation of services required in connection with construction performed and equipment supplied by the Owner 4.5 The Owner shall furnish surveys describing physical 3.4.9 Providing services In connection with the work of a con- characteristics, legal limitations and utility locations for the site struction manager or separate consultants retained by the of the Project, and a written legal description of the site The surveys and legal information shall include, as applicable, Owner grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- material, equipment and labor sions and necessary data pertaining to existing buildings,other 3.4.12 Providing analyses of owning and operating costs. improvements and trees,and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited to test borings, test ment, or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resls- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints,drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. 4.7 The Owner shall furnish structural, mechanical, chemical, 3.4.18 Providing services after issuance to the Owner of the air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. tificate for Pavment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other than archi counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering por- Project, including auditing services the Owner may require to bons of the Project provided as a part of Basic Services. verify the Contractor's Applications for Pavment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services,information,surveys and reports required by Paragraphs 4 5 through 4 8 shall be furnished at the Owner s expense, and the Architect shall be entitled to reh upon the accuracy and completeness thereof ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of anv fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule,constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIAe • v 1987 5 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE.N W.WASHINGTON,D C 20(ft ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3,or CONSTRUCTION COST .4 coo pe rate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost 5.2.5 If the Owner chooses to proceed under Clause 5.2 4.4 mate The Construction Cost shall is the total cost or esti- the Architect, without additional charge, shall modify the Con- mated cost ro the Owner to all elements of the Project designed tract Documents as necessary to com Iv with the fixed limit, if • or specified by the Architect. comp iv as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-wav, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBIUTY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided. the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost, if any, prepared by the Architect,represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- the construction industry It is recognized, however, that nei- ducible copies,of the Architect's Drawings, Specifications and ther the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining bid prices,or over competitive bidding,market tect's Drawings,Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rights. 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,com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits,if any,shall be increased in the amount of an 7.1 Claims, disputes or other matters in question between the increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree- Contract for Construction. ment or breach thereof shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise Construction Cost shall be adjusted to reflect changes in the 7,2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the ether party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the Lion Association.A demand for arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other matter in 5.2.4 if a fixed limit of Construction Cost (adjusted as pro- question has arisen In no event shall the demand for arbitration sided in Subparagraph 5.2 3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitations. limit, 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in am•other manner. within a reasonable time: an additional person or entitv not a part% to this Agreement, AIA 00CUMEW 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIAO •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D C.20006 8141-1987 6 I except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner,Architect, and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute ,3 Five percent of the total compensation for Basic and consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person occurs during any subsequent phase or entity not named or described therein.The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance ARTICLE 9 with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- applicable law in any court having jurisdiction thereof erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- TERMINATION, SUSPENSION OR ABANDONMENT tract for Construction,current as of the date of this Agreement 9.3 Causes of action between the parties to this Agreement 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall com- fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Com- Agreement through no fault of the parry initiating the temtination. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- 9.4 The Owner and Architect waive all rights against each tably adjusted to provide for expenses incurred in the interrup- other and against the contractors, consultants, agents and tion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the editlon of AIA Document A201,General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement.The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. , notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination. sors, assigns and legal representatives of such other partv with respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner fails to make payment when due the Archi- Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the other days'written notice to the Owner,suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- b,� the Architect within seven days of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice In the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or architect. to termination together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8' 9.8 Unless otherwise provided in this Agreement,the Architect and Architects consultants shall have no responsibilit% for the 8.7 Termination Expenses are in addition to compensation for discover%, presence, handling, remo%al or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in am form at the Project directiv attributable to termination. Termination Expenses shall site including but not limited to .tshestos, asbestos products be computed as a percentage of the total compensation for polvchlonnated biphem•I(PCB)or other toxic substances. Basic Services and Additional Services earned to the time ot ter- mination, as follows. 9.9 The .architect shall have the right to include representa- tions of the design of the Project. including photographs of the .1 Twentv percent of the total compensation for Basic exterior and interior, arnong the architect's promotional and and .additional Services earned to date if termination professional materials. The .architect s materials shall not occurs before or during the predesign.site analvsis or include the Owner s confidential or propnetan information it Schematic Design Phases. or the Owner has previoush advised the .architect in a sting of 7 9141.1987 AIA DOCUMENT 8141 •OWNER ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA• • 'I()N- THE kMERICAN INSTITUTE OF ARCHITECTS. 1-35 NEW YORK AVENUE,N.W.,WASHINGTON,D C 1,tNMK, the specific information considered by the Owner to be cons- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in Paragraph I 1 1 is the motional materials for the Project. 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 ser- ARTICLE 10 vices performed within each phase of service, on the basis set forth in Subparagraph 11 2 2 PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initialiv established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11 5 l of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph I 1 3 2 the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment 10.3.4 When compensation is based on a percentage of Con- taxes and other statutory employee benefits, insurance, sick Con- struction Cost and any portions of the Protect are deleted or leave, holidays, vacations, pensions and similar contributions otherwise not constructed,compensation for[hose portions of and benefits. the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2,based on(1)the lowest bona fide bid or negotiated proposal, or(2)if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- received, the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such por- incurred by the Architect and Architect's employees and con- tions of the Project. sultants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project, expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel, long-distance communications, and fees paid for secur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. 10.5.1 No deductions shall be made from the Architect's com- 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates. sums withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for wt}ih the by the Owner Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per- Architect's consultants. taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows. 11.1 AN INITIAL PAYMENT of zero Dollars(3 -0- t ,hall he made upon execution of this Agreement and credited to the Owner s account at tinal payment 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, its described in Article 2, and am other services Included in Article 12 is part of B.L Il 'wrvices Basic Compensation shall be computed as follows thnert hosts of compensation. Including sdpiduted.nuns. multiple-, or pert vonuxes. and tdentili phaw, to aluch pamudot mull-dA n/u,nyuwxum+t a/,hh y ,Imosarl'l Fifteen thousand seven hundred and forty dollars ($15,740.00) Basic Services AIA DOCUMENT 8141 •OWNER ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• • ©198' THE AMERICAN INSTITUTE OF ARCHITECTS, I'S5 NEW YORK AVENUE,N W WASHINGTON,D C.20(X)6 8141-1987 8 �o 11.2.2 Where compensation is based on a stipulated stun I nig,tX progress p2vments for Basic Services in each phase shall total the followingvR%1atm=wk)t total Basic Compensation payable: (Insert additional pbases as appropriate.) Fees shall be billed and paid monthly, based on services performed in previous month. See attached letter dated October 27, 1993 (Exhibit "B") for breakdown. Stf5&T8W%A*: rcent Dllt9igtl�BttiEl6 }t3�R0�t157fdS pe ent( /°) Construction Documents Phase: $12,200 �k '' perce %) BDd>9lcggt ent %) Construction Phase: $ 3,540 percent( ) Total Basic Compensation: $15,740 on ndred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2,compensation shall be com- puted as follows: Principal/Partner: $70/hr. Architect: $65/hr Mechanical Engineer: $75/hr. Electrical Engineer: $75/hr. Construction Administration: $60/hr. Drafting: $50/hr. 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 pan of Additional Services,but excluding ser- vices of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rata and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to wbtcb particular metbods of compensation apply, if necessary.) Same as 11.3.1 above. t� 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and two—tenths 1.2)times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 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 in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within two (2) ( )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10 3 3 and 11.3.2. 11.5.2 Payments are due and payable twenty—one ( 21 ) days from the date of the Architect's invoice. Amounts unpaid sixty ( 60 )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.) ly per month. (Usury laws and requirements under the federal Trutb in Lending Act,similar state and local consumer credit laws and other regulations at the Owner s and Arcbi- tect s principal places of business, rbe location of the Project and elsewbere may affect the validity of this provision. Specific legal advice sbould be obtained uvtb respect to deletions or modifications,and also regarding requirements sucb as written disclosures or uvivers.) AIA DOCUMENT 0141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIAa • C1987 9 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D C.20006 /f 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included mitbin Basic Compensation and modifications to the payment and compensation terms included In Ibis Agreement) l� This Agreement entered into as of the day and year first written above. OWNER County of Orange ARCHITECT Hakan/Corley & Associates, Inc. (Signature) S re) Kenneth E. Redfoot, A.I.A. , Vice—President (Printed name and title) (Printed name and title) AIA DOCIAMOff 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AtA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 10 HAKAN/CORLEY COMMENTS: 8/4/94 RENOVATIONS TO ORANGE COUNTY SHERIFF'S OFFICES Hillsborough, NC Project #9315 EXHIBIT "A" MODIFICATIONS OF THE STANDARD AIR CONTRACT DOCUMENT B141 THE FOLLOWING SECTIONS ARE MODIFIED TO READ: Article 2, paragraph 2 .4 . 2 : The Architect, after consultation with Owner, shall prepare the necessary bidding information and bid forms to comply with public building laws as set forth in North Carolina General Statutes Chapter 143, including the necessary information required by Chapter 87 of the North Carolina General Statutes pertaining to the licensing of contractors, and shall assist the Owner in the preparation of the conditions of the contract and the form of the agreement between the Owner and the General and Prime Contractors . Add as Article 2, paragraph 2. 5.2: In the event the lowest responsible bids exceed the funds appropriated for the project, the Architect, in consultation with, and at the direction of, the Owner, shall provide such modifications in the Contract Documents and/or negotiations with the low bidder as shall be necessary to bring the cost of the Project within the Project's budget. Article 2, paragraph 2 . 6 . 3 : Construction Phase duties, responsibility and limitation of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect and notice to Prime Contractors. Article 2 , paragraph 2.6 .4 : The Architect shall be the representative of the Owner during the construction phase of the contract period, and shall advise and consult with the Owner. Instructions to the Prime Contractors shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement, unless otherwise modified by written agreement. Article 2 , paragraph 2. 6 . 5 : The Architect shall visit the site periodically at intervals appropriate to the stage of construction, or as otherwise agreed by the Owner and the Architect in writing and shall review the work in progress during these on-site visits to endeavor to determine for the Owner's benefit and protection if the work is proceeding in accordancewith the intent of the Contract Documents and the construction schedule. The Architect shall be held to the standard of care (with regard to review by on-site visits) which is generally accepted in the industry among architects of similar skill and standing in the community. This duty shall not be -1- Ir interpreted to mean full-time service, without an amendment to the contract in writing, specifying this as an additional service. The Architect shall not be responsible for construction means, methods, techniques, sequence or procedures or for safety precautions and related programs in connection with the work; and he -shall not be responsible for the Prime Contractors' schedules or failure to carry out the work in accordance with the Contract Documents. This paragraph shall govern and control in the event of any conflicts herewith in this agreement, except as otherwise provided in Article 12 . Article 2, paragraph 2 . 6 .6 shall read as follows: The Architect represents that he will follow the standards of care which are generally accepted among Architects of similar skill and standing in the community in performing all services under this agreement. Any defective designs or specifications furnished by the Architect shall be promptly redesigned by the Architect at no cost to the Owners. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder, or the project itself, shall in no way diminish the Architect's obligations of the Owner's rights hereunder. Article 2, paragraph 2 . 6 .8: Owner and Prime Contractors shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Article 2, paragraph 2 . 6 . 9 shall read : Based on the Architect's observations of the work, site visits, and evaluations of the Prime Contractor's applications for payment, the Architect shall review and certify the amounts due the Contractor. Article 2, paragraph 2 . 6 . 12 shall read : The Architect shall review and approve, or take other appropriate action upon, the Prime Contractors' submittals, including such things as shop drawings, product data, and samples, according to the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay in the progress of' the work. The Architect's review shall not constitute approval of safety precautions, 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. Article 2, paragraph 6 . 2 . 20 shall be added and shall read : The Architect shall provide services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner as may be necessary to carry out the duties of the Architect concerning the project. Article 2, paragraph 2.6.22 shall be added and shall read: The Construction Administration phase will commence with the award of the contracts for construction and will terminate thirty ( 30) days after Substantial Completion. Any work performed later than thirty ( 30) days after Substantial Completion shall be billed to the Owner as an additional service. -2- - - - - ._ - '.' '' ,.. __ _.T:u-_• .. ita.ar +c..o�P+++Un.•.�.ao.,e.X,klx+,.'sCbi�oc�o2•k. . Article 3 , paragraph 3 . 1 . 1 : The services described in this Article 3 are not included in Basic Services, unless so identified in Article 12 , or the attached Article 12-Exhibit A, 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 in advance in writing by the Owner. In the opinion of the Architect, 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 of the need for these services and shall notify the Owner in writing 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 . If however, The Owner indicates that, in his opinion, the services described under paragraph 3 . 3 are required, due to circumstances within the control of the Architect, and directs such services be provided as part of Basic Services, the Architect reserves the right to furnish said services and file a claim for additional payment. Article 3 , paragraph 3 . 2 . 1 shall read : If the Owner and Architect agree that 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, as Additional Services. Article 3 , paragraph 3 . 3 . 3 , shall read: Preparing Drawings, Specifications , and other documentation and supporting data, (evaluating contractors' proposals deleted) and providing other services in connection with Change Orders and Construction Change Directives , provided such change orders and construction change directives are required by causes not within the control of the Architect. Article 3, paragraph 3.4.1, is deleted. Article 3, paragraph 3.4.16, is deleted. Article 5, paragraph 5.2.2 shall read: A fixed limit of construction cost has been mutually agreed upon by the Owner and the Architect, as set forth in Article 11 of this Agreement. 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 to adjust the construction cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the contract sum occurring by change order after execution of the contracts for construction. -3- Article 6, paragraph 6.1 shall read: The Drawings, Specifications, and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications, and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project, or for completion of this Project by others, unless the Architect is adjudged in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. The Owner may use the Drawings, Specifications and other documents prepared by the Architect for making repairs, modifica- tions, additions, or renovations of this Project without the knowlege or prior consent of the Architect, provided the Owner agrees to waive any claim against the Architect and defend, and indemnify to the extent permitted by law, and hold the Architect harmless from any claim or liability for injury or loss alledgedly arising from each use of said documents by Owner without participation of the Architect. Article 7, Negotiation and Dispute Resolution, shall read: 7 .1 : The Owner and Architect agree to endeavor to provide � written notification in advance of any litigation, concerning claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof. 7 .2: The parties agree to endeavor to negotiate in good faith prior to litigation, concerning claims, disputes and other matters in question arising out of or relating to this Agreement or the breach thereof. 7 . 3 : Nothing herein contained shall be construed to require the parties to provide written notification or engage in negotiations prior to the institution of litigation, nor to submit for arbitration by a third party or parties, any such claim, dispute or other matter in question between the parties, but the parties may by mutual agreement submit any claim, dispute or other matter at issue to arbitration in accordance with the North Carolina Uniform Arbitration Act, GS 1-567 . 1 , et seq. , or such other arbitration procedure as may be mutually agreed upon between the parties. -4- r Article 10, paragraph 10.2.1 shall read: Reimbursable expenses are in addition to compensation for basic and additional services. *Reimbursable expenses include actual expenses incurred by the Architect and Architect's employees and consultants in the interest of the project. Architect is to be reimbursed for actual cost of reproduction, postage and handling of drawings, specifications and other documents for the office use of the Architect, the Architect's consultants, the Owner, and Contractor. * Delete " . . .and they must be approved in advance and in writing by the Owner. " Article 10, paragraph 10.2.1.6: delete. Article 12, paragraph 12.2, add the following paragraph: The Architect shall purchase and maintain in full force and effect a Professional Libability insurance policy issued by a company or companies licensed to do business in North Carolina, providing coverage in an amount not less than $1,000,000 and the Architect shall provide the Owner a Certificate of Insurance issued and endorsed by the insurance carrier certifying that the said policy or policies shall not be cancelled, modified, allowed to expire, or reduced in coverage until at least thirty days prior written notice has been given to the Owner by certified mail. Cancellation of the said policy withoutreplacement with a substitute policy preventing a lapse in coverage or a modification or reduction in coverage without the written consent of the Owner shall constitute a breach of this Agreement by the Architect. -5- > >7 EXHIBIT "B" hakan/eorley & associates, inc. architects engineers planners October 27, 1993 Ms. Pamela Jones, Director Purchasing & Central Services County of Orange P. O. Box 8181 Hillsborough, NC 27278 I RE: Proposed Renovation Orange County Sheriffs Office Hillsborough, NC PROPOSAL FOR PROFESSIONAL DESIGN SERVICES Dear Ms. Jones: i Thank you for this opportunity to provide our fee for professional design services for the •renovation of the Sheriffs Office. . Based on approval of floor plans dated 10/27/93, we estimate the time and cost to produce the drawings and specifications and construction administration to be as follows: A. DEMOLITION DRAWINGS: D-1: First Floor Plan 12 hrs. D-2: Second Floor Plan 12 hrs. B. ARCHITECTURAL DRAWINGS: A-1 First Floor Plan 16 hrs. A-2 Second Floor Plan 8 hrs. A-3 First Floor Reflected Ceiling Plan 8 hrs. A-4 Second Floor Reflected Ceiling Plan 4 hrs. A-5 Finish schedules & details (cabinets, molding, etc.,) 24 hrs. A-6 Door/hardware schedules & details, toilet accessories, etc. 24 hrs. C. SPECIFICATIONS: 24 hrs. D. ADMINISTRATION/COORDINATION: 8 hrs. Total Design Time: 140 hours 140 hours @ $55/hour $ 7,700 E. CONSTRUCTION ADMINISTRATION (1-1/2 Mo. construction time): 1.5 mo. x 4 trips/mo = 6 trips x 6 hr/trip @ $60/hr.: 2,160 Shop drawing review: 8 hrs. @ $60/hr.: 480 Total Hakan/Corley Fee: $10,340 M.J HAKAN, P.E. BOX 2368, CHAPEL HILL, NC 27515.2368 (919) 942-8586 KENNETH E. REDFOOT, A.I.A GLENN D. CORLEY. A_I_A 171 c ccTCC na rina 77F1A.9AAa ray o,)o-Aar» ruleor w 7ArV n i n Ms. Pamela Jones RE: Sheriffs Office Renovation October 27 1993 page 2 F. BASS, NIXON, KENNEDY, ENGINEERS (Mechanical/Electrical/Plumbing Design): $ 4>500 G. BNK CONSTRUCTION ADMINISTRATION: L 5 mo. X 2 trips/mo-_ 3 trips @ $300/EA 900 Bass, Nixon, Kennedy Total Fee: $ 5,400 Total Hakan/Corley ($10,340) and BNK fee: $15,740 Items of Cost Not Included: I. Printing, postage, reproduction (billed at cost) 2. Materials testing 3. Legal fees We bill on a monthly basis and payment is due by the 25th of the month of the date of the `ihvoice. We look forward to working with Orange County on this project. Please let us know if you have questions. Sin 7, cnneth E. Redfoot, .A. KER:esw hakan/corley&associates,inc.