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Agenda - 11-01-1993 - III-D
1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. TEL-D ACTION AGENDA ITEM ABSTRACT • Meeting Date: November 1, 1993 SUBJECT: CONTRACT APPROVAL; ARCHITECTURAL SERVICES RE: NEW COURTHOUSE DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING:YES: NO: % ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext. 2650 PROPOSAL Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To accept a cost proposal and approve a contract, contingent upon Attorney and staff review, with Grier-Fripp Architects, for design services associated with the development of a new courtroom on the third floor of the New Courthouse. BACKGROUND: The Facilities Study Plan,presented to the Board in January,1993,included several elements for addressing space issues associated with the Court system and County offices located in Downtown Hillsborough; one of which was the development of a courtroom, which could also be used as a meeting room for the County Commissioners, on the third floor of the New Courthouse. The plan has now been completed, with the exception of the Courtroom development. In order to ensure that the building's structural integrity was maintained as walls were moved to create the new courtroom,Alan Baldwin with Grier-Fripp was consulted; Grier-Fripp has extensive experience in Jail and Judicial Facilities design and Is currently designing the Jail Addition for the County. Grier-Fripp has provided a cost proposal to provide design services for an amount equal to 12% of the construction budget. Preliminary estimates indicate a project cost of approximately $250,000, with a design fee of approximately $30,000. These figures will likely be subject to modification as the scope of work is refined. Some funding is available through the 1993-98 CIP. It is anticipated that the scope of work will include the development of a courtroom and associated support offices for the District Court Judges, as well as the construction of an alternate means of emergency egress. All work,with the exception of the emergency exit,will be confined to the interior of the existing building. RECOMMENDATION: The Manager recommends that the proposal of 12% of construction budget be accepted from Grier-Fripp and a contract for design services be approved,contingent upon final negotiation and Attorney and staff review; and authorize the Chair to sign on behalf of the Board. 2 ■ • Grier Fripp Architects, PA. AN AFFILIATE OF FRE EMAN WHITE ARCHITECTS, INC. October 11, 1993 Ms. Pamela K. Jones, Director Dept. of Purchasing & Central Services Orange County Human Services Building 300 West Tryon Street Hillsborough, North Carolina 27278 Re: A/E Proposal Dear Pam: Thank your for giving us the opportunity to submit to you our proposal for the renovation of the third floor of the Orange County Court House. Where the scope of work is not completely developed we have made certain assumptions regarding both the area to be included as well as the extent of renovation required. The following proposal represents our understanding of the project based on yours and my tour of the facility, our conversations and developing a design that complies with all codes having jurisdiction over this project (includes all local, state and federal codes including ADA, Life Safety, etc.). Size of Project • Front area of existing Court House 71 x 40 = 2840 s.f. • Lobby and Toilet area 50 x 18 = 900 s.f. • New exterior stair and 3rd floor connector 3 level stair = 600 s.f. Connector = 100 s.f. • Total Area 4,440 s.f. Estimated Cost of Construction • Front area of existing Court House 2840 s.f. x $45/s.f. = $127,800 • Lobby and Toilets 900 s.f. x $45/s.f. = $40,500 8001 Arrowridge Blvd. Charlotte,North Carolina 28273-5665 (704) 527-2514 FAX(704)523-2235 Architecture Engineering Planning Interiors 3 Ms. Pamela K. Jones Page 2 October 11, 1993 • New exterior stair 600 s.f. x $85/s.f. = $51,000 • 3rd Floor stair connector 100 s.f. x $100/s.f. = $10,000 • Contingency @ 10% $22.930 Total estimated cost of construction = $252,230 Architectural/Engineering Fee: • Programming for 3rd Floor Hourly (as per attached fee schedule) • Provide complete A/E services as per the attached agreement for a fixed fee based on 12% of the total estimated cost of construction for the approved scope of work. If all the above is included then; $252,230 (12%) = $30,270 We would be delighted to work with you to further refine the scope of work. We understand the urgency of this project and are ready to commit our staff immediately to enable the courts to make the changes necessary to give them an efficient, functional space on the third floor that meets all code requirements. We look forward to hearing from you and encourage you to call concerning any elements of our proposal. Sincerely, Grier-Fripp Architects, P.A. ew,.4;.vt Alan T. Baldwin, AIA President ATB/ad Enclosures (2) cc: Bill Fripp Bill Hartsell 4 • • Grier-Fripp Architects, PA. AN AFFILIATE OF FREEMANWHITE ARCHITECTS, INC. ARCHITECTURAL AND ENGINEERING SERVICES HOURLY RATE SCHEDULE 1. Principal $ 95.00/hr. 2. Architect, Engineer, Principal II $ 77.50/hr. 3. Architect II, Engineer II, Designer $ 67.50/hr. 4. Architect III, Engineer III, Designer II $ 57.50/hr. 5. Designer III/Drafter $ 47.50/hr. 6. Drafter II, Secretary $ 40.00/hr. REIMBURSABLE EXPENSES 1. Computer Aided Design $ 20.00/hr. (Operator Time Not Included) 2. Computer Aided Design Plots $ 20.00/plot 3. Automobile $ .36/mile 4. Printing & Handling - Blueline 1.75/Sheet - Copies (8 1/2 x 11 single side) .12/Sheet 5. All other costs and expenditures such as transportation, accommodations, printing, fax,postage,outside consultants, etc., shall be reimbursed at a multiple of 1.2 times the amount billed the architect. THE RATES LISTED ABOVE ARE APPLICABLE THROUGH DECEMBER 31, 1993 8001 Arrowridge Blvd. Charlotte,North Carolina 28273-5665 (704) 527-2514 FAX(704)523-2235 Architecture Engineering Planning Interiors T H E A M E R I C A N I N S T I T U T E O E A R C U I T E C T S 041A 1` ° AIA Document B141 Standard .Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL'T'ATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the 17th day df June in the year of Nineteen Hundred and and Ninety Four BETWEEN the Owner: County of Orange (Name and address) 132 East King Street Hillsborough, NC 27278 and the Architect: Grier-Fripp Architects, P.A. (Name and address) 8001 Arrowridge Boulevard Charlotte, NC 28273-5665 For the following Project: (Meddle detailed description of Project, location, address itnd scope.) Additions and Renovations to the Court House to include a new Court Room, Judge's Office and Public Lobby. 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, 1).C, 20006. Reproduction of the material herein or substantial , quotation of its provisions without written permission of the AlA violates the copyright laws of the United states and will he subject to legal prosecution. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION• AIA" • ©1987 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.213006 1 WARNING:Unlicensed photocopying violates U.S.copvriaht laws and is asubiect to Ieoal prosecution. EDITOR'S NOTE From time to time, the AIA makes minor corrections and clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987 edition of B141 were made in Subparagraph 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subparagraph 2,6.10 and Paragraph 4.5. See Section C of the Instruction Sheet for a detailed description of these changes. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents ARCHITECT'S RESPONSIBILITIES consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- 1.1 ARCHITECT'S SERVICES tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the 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 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for merits 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 [ions setting forth in detail the requirements for the construe- the Project. Time limits established by this schedule approved lion 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 any 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 described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal struc- tural, mechanical and electrical engineering services. 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing - arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.2.2 The Architect shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences 2.2.3 The Architect shall review with the Owner alternative with the award of the Contract for Construction and termi- approaches to design and construction of the Project. nates at the earlier of the issuance to the Owner of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Payment or 60 days after the date of Substan- and construction budget requirements, the Architect shall tial Completion of the Work. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A20I, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless • estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted,modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION • AIA • ©19R7 8141-1957 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE.NW.,WASIIINGTON,D.C.2U006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2.6.4 The Arch,tcct shall be a representative of and shall advise quantity of the Work, (2) reviewed construction.means, meth- and consult w:'') the Owner(I)during construction until final ods, techniques, sequences or procedures,(3)reviewe._copies payment R) tin Contractor is clue, and (2)as an Additional Ser- of requisitions received from Subcontractors anti material sup- yice at the 0v-Tier'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 bav authority to act on behalf of the Owner what purpose the Contractor has used money previously paid - only to the extent provided in thtc 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 implcmenta- Owner and Architect in writing to become generally familiar Lion 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 pf the Contract Docu- ner indicating that the Work when completed will he in accor- 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 Won:. defects and deficiencies in the Work. (;1/ore ex!ensit'e 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 it accor- permit adequate review. Review of such submittals is not con- dance with the Contract Documents, The Architecr -hall not ducted for the purpose of determining the:accuracy and com- pleteness control over or charge of acts or omissions of lira Contrite- tor, of other derails 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 system:. ,iesigned by the Contractor,all of which remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall a: all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparati:ul 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 dally 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- \C'hen professional certification of performance characteristics tect's consultants shall be through the Architect. of materials, systems or equipment is required by the Contract Documents, the Architect shall he entitled to rely upon such 2.6.9 Based on the Architect's observations and evaluations of certification to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall menu will meet the performance criteria required by 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- tutu 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.S and - and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and ment, that, to the best of the Architect's knowledge, informa- executior in accordance with the Contract Documents, and don and belief, the Work has progressed to the point indicated may authorize minor changes in the Work not involving an and the quality of VI>rit 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 evaluation 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 by the Architect.The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and assem- fled- !lwever, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay- not he a representation that the Architect has(I) made exhaus- ment upon compliance with the requirements of the Contract toe or continuum on-site inspections to check the quality or Documents. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION • AJAt • ©1987 3 8141-1987 Tits AMERICAN INsTrrrTE OF ARC EIITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,U.C.2n006 WARNING:Unlicensed phr>tncopyinq violates U.S.coovriahi laws anri is subject to leosl nrncPriitinn 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 modify the rights,responsibilities or obligations of the Architect within any 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 previously 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 documents; or 2.6.18 The Architect shall render written decisions within a reasonable time oh all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- lion 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 changes in the Project including, but not limited to,size, qual- 2.6.19 The Architect's decisions on claims, disputes or other ity, complexity, the Owner's schedule, or the method of bid- matters, including those in question between the Owner and ding or negotiating and contracting for construction,except for Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5.2.5. vided in Subparagraph 2.6.17,shall be subject to arbitration as 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 be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services Wishing 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 corn- 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 Construe- provide one or more Project Representatives to assist in carry- tion 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 by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated 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 feasibility or other special studies. Representatives shall he as described in the edition of AIA Document 13352 current as of the date of this Agreement,unless , 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. partitive studies of prospective sites. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION• AlA® • ©1987 6141-1987 4 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NV„WASHINGTON,D.C.21)0 G WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • 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 Cosi 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 verify 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 orderly 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 characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description'of the site, The struction manager or separate consultants retained by 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- 3.4.11 Providing; detailed quantity surveys or inventories of Lions, 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 he 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, determinatioris of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating suh- 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 arc requested by the Architect. operation and maintenance manuals, training personnel for 4.7 The Owner shall furnish structural, mechanical,-chemical, operation and maintenance,and consultation during operation. air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the 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 Payment, 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 Project, including auditing services the Owner may require to tectural, structural, mechanical and electrical engineering por verify the Contractor's Applications for Payment or to ascertain dons of the Project provided as a part of Basic Services. 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 he entitled to rely 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 any 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 he set forth the Owner's objectives,schedule, constraints and eri- 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 B141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION• AI0 • ©1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 -- .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or CONSTRUC PION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Construction Cost shall be the total cost or esti 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, mated cost to the Owner of all elements of the Project designed the Architect,without additional charge,shall modify the Con tract Documents as necessary to comply with the fixed limit, if or specified by the Architect. established 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-way, 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 RESPONSIBILITY 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,corn- ponent systems and types of construction are to be included in ARTICLE 7 the Contract Documents, to make reasonable adjustments in 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 he 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 Lion 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 other party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the tion 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 • vided 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 any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, AlA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AEA(' • ©1987 6141-1987 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 ARTICLE 9 this Agreement shall be specifically enforceable in accordance 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- tract for Construction, current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 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 party initiating the termination. 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 9.4 The Owner and Architect waive all rights against each Project is resumed, the Architect's compensation shall be equi- other and against the contractors, consultants, agents and tably adjusted to provide for expenses incurred in the interrup employees of the other for damages,but only to the extent cov- tion and resumption of the Architect's services. 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 edition 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 party 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- by 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 9.8 Unless otherwise provided in this Agreement,the Architect and all Termination Expenses as defined in Paragraph 8.7. and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery,presence,handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination.Termination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Services earned to the time of 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 Twenty percent of the total compensation for Basic exterior and interior, among 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 analysis,or include the Owner's confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of • AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA' • ©I987 7 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. -- the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dermal or proprietar-', 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 1 l,I is the motional materials for the Projec(. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall he made monthly and, where applicable, shall he 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 initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 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 11.3.2. the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed,compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent services are per • and benefits. formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on(1)the lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or negotiated proposal, or(2)if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- 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- bons 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 he 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 corn- 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 which the by the Owner. Architect has been found to he 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 carries(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(S —0— shall he made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall he computed as follows: (brserl basis of crunpe.nsalioth including;sripulalyd sums. multiples or percerna5s, and identify'Oases to which particular methods of cnmpeusafion a/p,ip, r/ necessarl•J A Fixed Fee of Thirty Three Thousand Three Hundred and Twenty Dollars ($33,320.00) . • MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION• AIA/' • 01987 B141-1987 8 THE AMERICAN INSTITUTE OF ARCIIITECTS,1735 NEW YORK AVENUE,NV.,WASHINGTON,D.C.2001K WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: - (insert additional phases as appropriate.) Schematic Design Phase: percent(20%) Design Development Phase: percent(20%) Construction Documents Phase: percent(37 %) Bidding or Negotiation Phase: percent(03%) Construction Phase: percent(20%) Total Basic Compensation: one hundred 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: Compensation shall be based on an hourly rate for the time spent by the Architect's personnel engaged on the project. The Architect's current rate schedule is attached. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1)Additional Project Representation, as described in Paragraph 3.2, and (2)services included in Article 12 as part of Basic Services, hut excluding services of consultants, compensation shall he computed as follows:. (Insert basis of compensation including rates and/u•multiples of Direct 1,erswnte'l Expense fi,r Principals and employees,and identify Principals and classify employees, if required. identify specific services tic a Hai patictda r methods u/compensation appfl: if uecessart') Compensation shall be based on an hourly rate for all time spent by the Architect's personnel engaged on the project._ The Architect's current rate schedule is attached. • 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 and two tenths ( 1. 2 )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 Twenty ( 20 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall he 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 twenty—one (' 21 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing front time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Prime plus 2%, First Citizens Bank, Charlotte, NC (Usury laws and requirements under the Federal Truth in Lending Act.similar state and local consumer credit laws and other re,ulatin'ts at the(tuner is and Archi. teats principal places of business. the location of the Project and elsewhere may affect the validity of this provision. ,lpecJJic legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION•ALA° • ©1987 9 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 �A/AP JINn•(Inlieonsod nhntnrnnvinn vinlaf•a tl S.cnnvriaht laws and is subiect to legal masecutien. 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 otber services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in Ibis Agreement.) 12.1 Reference subparagraph 2.1.1 - The Architect's Basic Services consist of those described in paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services and include the services of Professional Structural,Mechanical,Civil and Electrical Engineers, qualified by training and experience in their respective fields as needed to address the requirements of the project as defined herein; and shall require such professional engineers to place their seal,name and signature on the drawings and specifications prepared .: by them. 12.2 Reference subparagraph 2.2.1 and 3.4.1 - The Architect shall furnish a program to the Owner, as part of Basic Services,to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner, and shall submit such understanding in writing, and shall furnish a copy to the Owner for its approval before proceeding with schematic design. 12.3 Reference subparagraph 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 Statues Chapter 143, including the necessary information required by Chapter 87 of the North Carolina General Statues pertaining to the licensing of contractors, and shall assist the Owner in preparation of the conditions of the contract and the form of the agreement between the Owner and Prime Contractors. 12.4 Reference subparagraph 2.4.4 - The Architect shall prepare, file with the appropriate regulatory agency (agencies) and, if requested, present information to the governing body (bodies)with jurisdiction over the Project. Article 12 continued on Page No. 11 This Agreement entered into as of the day and year first written above. OWNER COUNTY OF ORANGE ARCHITECT GRIER-FRIPP ARCHITECTS, P.A. i Zeld /[�i/.� ke I. ' P ►,act... (Signature) / (Signature) Moses Carey, Jr. , ' airman Alan T. Baldwin, AIA Its: President (Printed name and title) j (Printed name and title) Al ' CAUTION: You should sign an original AIA document which has this caution printed in red. A An original assures that changes will not be obscured as may occur when documents are reproduced. MA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA® • ©1987 8141_1887 10 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WAPNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Article 12 continued from Page No. 10 12.5 Reference subparagraph 2.4.5 -The Architect shall include in the bidding information,plans or specifications, a requirement that Prime Contractors provide operation manuals and adequate training for the experienced staff of the Owner in the operation of mechanical, electrical,heating and air-conditioning systems installed by the Prime Contractors. 12.6 Reference subparagraph 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. 12.7 Reference subparagraph 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 extend provided in this Agreement,unless otherwise modified by written agreement. 12.8 Reference paragraph 2.6.5 - The Architect shall visit the site periodically at intervals appropriate to the stage of construction, 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 accordance with 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. 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. Basic Services include not more than sixteen (16) site visits during the construction phase. (A site visit is one visit by one person for not more than one day.) If more site visits are required such visits shall be Additional Services and shall be paid for in accordance with Paragraph 11.3. 12.9 Reference subparagraph 2,6.6 - 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 Owner. 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 or the Owner's rights hereunder. Article 12 continued on Page No. 12 11 Article 12 continued from Page No. 11 12.10 Reference subparagraph 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. 12.11 Reference subparagraph 2.6.9-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 Contractors. 12.12 Reference subparagraph 3.3.3 - Preparing Change Orders and Construction Change Directives due to omissions or defective designs or specifications furnished by the Architect shall not be considered Additional Services. 12.13 Reference subparagraph 3.4.6 -Architect shall as part of Basic Services investigate existing conditions or facilities or make measured drawings to the extent necessary for design of the addition to the existing building. The Architect may generally rely on Owner furnished documents and information, such as record drawings, etc. The Architect shall not be required to perform or to have others perform destructive testing or to investigate concealed or unknown conditions. 12.14 Reference subparagraph 3.4.16 - The Architect shall prepare or provide as part of Basic Services a set of record drawings, which Owner shall be at liberty to reproduce, showing significant changes in the work made during construction, based on marked-up prints, drawings and other data furnished by the Prime Contractors to the Architect, including, but not limited to,the location of water,sewer,telephone, electric,gas and other utility lines. 12.15 Reference subparagraph 5.2.2 - 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 as shall be necessary to bring the cost of the Project within the Project's budget. 12.16 Reference paragraph 7.1 - The Owner and the 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. Article 12 continued on Page No. 13 12 Article 12 continued from Page No. 12 12.17 Reference paragraph 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. 12.18 Reference paragraph 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. 12.19 Reference subparagraph 10.2.1.6 - Computer-aided design and drafting equipment time shall not be considered a reimbursable expense when used to provide Basic Services. 12.20 The Owner shall name the Architect as an additional insured under the Builder's Risk insurance policy provided by the Owner to cover property damage to the project during construction. END OF ARTICLE 12 13 . Grier-Fripp Architects, PA. x^ AN AFFILIATE OF FREEMANWIIITE ARCHITECTS, INC. yak •* r ARCHITECTURAL AND ENGINEERING SERVICES HOURLY RATE SCHEDULE i. t�: 1. Principal $135.00/hr. ;ir t,,x; 2. Architect, Engineer, Principal II $ 97.50/hr. �..-:!1';''''.f..----;`‘,..e ' 3. Architect II, Engineer II, Designer $ 77.50/hr. 4. Architect III, Engineer III, Designer II $ 67.50/hr. -` r �' S. Designer III/Drafter $ 57.50/hr. 3x J -' fit: .:,,•:,-,,....4 r 6. Drafter II, Secretary $ 40.00/hr. a. j t r - • J.4 • "x � REIMBURSABLE EXPENSES „';'.7,1-f-;-1-'-',?' 1. Computer Aided Design $ 20.00/hr. (Operator Time Not Included) a $ 20.00/plot -� 2. Computer Aided Design Plots P . r .� 3. Automobile $ .36/mile *' _ 4. Printing & Handling - Blueline 1.80/Sheet -, ,` fi, - Copies (8 1/2 x 11 single side) .12/Sheet .`T� `j 4 .� 5. Fax 2.00/Sheet • ° ,, 5;.:.!---- 6. All other costs and expenditures such as transportation, accommodations, telephone, ',-1- ',% postage, outside consultants, etc., shall be reimbursed at a multiple of 1.2 times the amount billed the architect. ; : THE RATES LISTED ABOVE ARE APPLICABLE THROUGH DECEMBER 31, 1994 g�k Z✓ JO r , V.--.:---..:';:-, • - 3„ ° 8001 Arrowridge Blvd. Charlotte,North Carolina 28273-5665 (704)527-2514 '.1!„• .", ,,:,-,i,,,,- FAX(704) 523-2235 Architecture Engineering Planning Interiors