Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
LC17-001 TAB Associates
Init. = AIADocument B108 TM -2009 Standard Form of Agreement Between Owner and Architect for a Federally Funded or Federally Insured Project -l% AGREEMENT made as of the ay oft e year 2 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal statz/s, address and other information) completion. The author may also have revised the text of the original Lake Creek Village, LLC AIA standard form. An Additions and P.O. Box 850, 500 Broadway Deletions Report that notes added Eagle, Colorado 81631 information as well as revisions to the standard form text is available and the Architect: from the author and should be (Nance, legal status, address and other information) reviewed. A vertical line in the left margin of this document indicates TAB Associates, Inc where the author has added 56 Edwards Village Blvd necessary information and where Suite 210 the author has added to or deleted Edwards, Colorado 81632 from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. Lake Creek Village Apts 4923 Lake Creek Village Drive Edwards, Colorado 81632 The Owner and Architect agree as follows. AIA Document B108T" — 2009 (formerly 13181T —1994). Copyright® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA', Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (389ADA1 D) 0 it LC17-001 14,11111 • • • , } r TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 OPTIONAL SERVICES AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1: (State below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, O)vner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) The Proposed Improvements will be to remove and replace the existing exterior L.P. Innerseal composite hood siding and wood trim, the exterior sheathing and all exterior tivall R-19 fiberglass batt insulation at each of the 34 apartment buildings. The exposed exterior hall cavities will be inspected for any mold and then spray sealed with 1/ " offoam insulation. Subsequently, the original R-19 fiberglass batt insulation will be reinstalled, neiv exterior sheathing will be applied, and then new Hardi-Plank cement board siding, stucco siding and new trim will be installed and then finish painted. As a part of the siding replacement process, the existing aluminum framed lvindows and sliding glass doors will be removed and replaced with new energy efficient vinyl framed installations. Most existing stained wood trim will remain and will either be restained or painted. § 1.2 Check one box below to indicate whether the Owner will provide estimates of the Cost of the Work or whether the Architect will provide estimates of the Cost of the Work: [ X ] Owner -provided estimates [ ] Architect -provided estimates § 1.3 The Owner's anticipated dates for commencement of construction, Substantial Completion, and final completion of the Work are set forth below: .1 Commencement of construction date: Estimated March 15, 2017 AIA Document B108T — 2009 (formerly B1181T —1994). Copyrightm 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Irtit WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/0512017, and is not for resale. V User Notes: (3139ADA1 D} .2 Substantial Completion date: Estimated November 30, 2017 .3 Final completion date: Estimated January 31, 2018 § 1.4 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Idents types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability 1,000,000/2,000,000 .2 Automobile Liability 1,000,000 .3 Workers' Compensation 1,000,000 .4 Professional Liability 1,000,000/2,000,000 ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in Article 3 are Optional Services and Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. Init. AIA Document 6108TM — 2009 (formerly 8781 T —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 1f Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 08:42 37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. J User Notes: (3B9ADAID) § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion and final completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. AIA Document B108T —2009 (formerly 13181T —1994). Copyright ® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. e User Notes: (3139ADAID) § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall submit the Design Development Documents to the Owner and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall submit the Construction Documents to the Owner and request the Owner's approval. § 3.5 Bidding or Negotiation Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and Inst. ' ' AIA Document B108T —2009 (formerly 8181 TM —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA: 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201T111-2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. Init.AIA Document B708T —2009 (formerly B181 Tr —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale User Notes: (3139ADA1 D) § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. AIA Document 13708TM —2009 (formerly 8181 T" —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Init. ' WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3139ADA1 D) § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 OPTIONAL SERVICES AND ADDITIONAL SERVICES § 4.1 Optional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Optional Services only if specifically designated in the table below as the Architect's responsibility. (Designate the Optional Services the Architect shall provide in the second column of the table below. In the third coltnnn indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, idents the exhibit.) Optional Services Responsibility Location of Service Description (Architect, Owner (Section 1.2 below or in an orNot Provided) exhibit attached to this document and identified below § 4.1.1 Programming (B202Tm-2009) Architect AIA Document 121108TM —2009 (formerly 6181 T —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 8 y Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. `� User Notes: (3B9ADA1 D) § 4.1.2 Multiple preliminary designs Architect § 4.1.3 Measured drawings Architect § 4.1.4 Existing facilities surveys Architect § 4.1.5 Site Evaluation and Planning (B203TM-2007) Not Provided § 4.1.6 2008) Building Information Modeling (E202TM— Not Provided § 4.1.7 Civil engineering Not Provided § 4.1.8 Landscape design Not Provided § 4.1.9 Architectural Interior Design (B252Tm-2007) Not Provided § 4.1.10 Value Analysis (B204Tm-2007) Architect § 4.1.11 Detailed cost estimating Architect § 4.1.12 2008) On-site project representation (B207TM— Architect § 4.1.13 Conformed construction documents Architect § 4.1.14 As -designed record drawings Not Provided § 4.1.15 As -constructed record drawings Not Provided § 4.1.16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (B2 I oTm-2007) Not Provided § 4.1.18 Tenant -related services Not Provided § 4.1.19 Coordination of Owner's consultants Architect § 4.1.20 Telecommunications/data design Not Provided § 4.1.21 2007 Security Evaluation and Planning (B206TM— Not Provided § 4.1.22 Commissioning (B211Tm-2007) Not Provided § 4.1.23 design Extensive environmentally responsible Not Provided § 4.1.24 LEEDO Certification (B214Tm--2012) Not Provided § 4.1.25 Fast-track design services Not Provided § 4.1.26 Historic Preservation (B205Tm-2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design B253Tm-2007) Not Provided § 4.2 Insert a description of each Optional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. See Scope of Work, Schedule and Fees attached hereto as Exhibit A § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.2 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 When the Owner has provided cost estimating services, making revisions in Drawings, Specifications, or other documents pursuant to Section 6.6; .3 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEEDS certification; AIA Document 121708T — 2009 (formerly 121181T —1994). Copyright® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Init. ! WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' ,f Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f V This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: 1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 2 ( Two ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 1 ( Weekly ) visits to the site by the Architect over the duration of the Project during construction .3 2 ( Two per building ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 1 ( One per building ) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within 12 ( Twelve ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. 4.3.3.5 In addition to the Construction Administration inspections listed above, the architect will provide HUD required 9 - month and 12 -month warranty inspections. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request AIA Document 8108T —2009 (formerly B181 T —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 The Owner shall promptly notify the Architect of any direct communications between the Owner and the Contractor that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.13 The Owner, unless otherwise provided in Article 12, shall furnish all legal, accounting, planning, and other services and expenses required to prepare, present and process any application for governmental or private financing, mortgage insurance or subsidy. AIA Document B108T" — 2009 (formerly B181 T —1994). Copyright(D 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Init WARNING: This AIAy Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA-- Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3HADA1 D) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Section 5.2. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work agreed to by the Architect. § 6.3 If the Owner is providing cost estimating services, the estimate of the Cost of the Work shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions. The Owner shall provide estimates of the Cost of the Work at intervals agreed upon by the Owner and the Architect. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to inaccuracies or incompleteness in the Owner's cost estimates. The Architect may review the estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.4 If the Architect is preparing estimates of the Cost of the Work, 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 program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect shall provide an initial estimate of the Cost of the Work at the conclusion of the Schematic Design Phase. The Architect shall update the estimate of the Cost of the Work at the conclusion of the Design Development and Construction Documents Phases. § 6.5 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.4, the Architect, subject to Section 4.3, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. Init. AIA Document B1081— 2009 (formerly 13181 TM —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. f WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 2 y Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. I User Notes: (3139ADAID) § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American AIA Document 8108" — 2009 (formerly 121181 T —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. Inst WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 13 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other (Spec) (Paragraphs Deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Init. AIA Document B108T — 2009 (formerly 13181 T —1994). Copyright ® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 14 jj Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/0512017, and is not for resale. User Notes: (3B9ADA1 D) § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.6. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall governSection 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3 and Optional Services described under Section 4.1, the Owner shall compensate the Architect as follows: Inst. AIA Document 121108TM —2009 (formerly 13181'"'— 1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 15 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. r This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. �' User Notes: (3B9ADA1 D) (Insert stipulated amount of compensation) $103,820.00 Not to Exceed § 11.2 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows regardless of whether federal funding or federally guaranteed insurance is available: (Insert amount of, or basis for, compensation) None § 11.2.1 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 shall be the amount invoiced to the Architect plus Zero ( 0 °o), or as otherwise stated below: None § 11.3 Compensation for Basic and Optional Services is based on a stipulated sum. Unless otherwise indicated, compensation for each phase of services shall be as follows Conceptual Design Phase Schematic and Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Estimating and Warranty Total Basic Compensation 19,347.50 percent ( 18.5 %) 13,520.00 percent ( 13 %) 20,560.00 percent ( 19 %) 4,100.00 percent ( 4.5 %) 30,852.50 percent ( 30 %) 15,440.00 15 One hundred percent ( 100 %) § 11.4 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) See below Employee or Category Rate ($0.00) President $175.00 Principal $135.00 Project Manager $85.00 § 11.5 Compensation for Reimbursable Expenses § 11.5.1 Reimbursable Expenses are in addition to compensation for Basic, Optional, and Additional Services, and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; Init. AIA Document B108TM — 2009 (formerly 1311811T— 1994). Copyright® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 16 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the L. t ? This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (369ADA1 D) .10 Site office expenses; and .11 Other similar Project -related expenditures. § 11.5.2 For Reimbursable Expenses the Owner shall compensate the Architect as follows regardless of whether federal funding or federally guaranteed insurance is available. Compensation for Reimbursable Expenses shall be the expenses incurred by the Architect and the Architect's consultants plus ( %) of the expenses incurred. § 11.6 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: None § 11.7 Payments to the Architect § 11.7.1 An initial payment of Zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 1.5 % One Point Five § 11.7.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Work Completed to Date: Conceptual, Schematic/DD and Construction Documents. Amount invoiced to date: $42,546.25, Reimursables to Date: $529.80. 12.1.10: Article 2.5 - The Architect's Insurance coverage shall extend through the one (1) year warranty period. 12.1.12: The architect agrees that neither mortgage proceeds nor project funds, other than surplus cash, can be a source of payment for Additional Services and the Architect will not assert a lien against the project for non- payment. 12.1.13: The fees per Article 11.1 are inclusive of all architects consultants, if any, utilized in preparing the complete set project documents. 12.1.14: The Architect shall provide the construction Contract Administration Services under this Agreement (1) during construction, (2) until final payment is due to the Contractor, and (3) from time to time during the one year warranty period for correction by the Contractor of its work as specified in the construction contract. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. Init.AIA Document B108TM — 2009 (formerly 8181 TM —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA17 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 108T"-2009, Standard Form of Agreement Between Owner and Architect for a Federally Funded or Federally Insured Project .2 AIA Document E201T"L2007, Digital Data Protocol Exhibit, if completed, or the following: None .3 Other documents: (List other documents, if any, including additional scopes of service and agency -required documents, if airy, forming part of the Agreement) Exhibit A - Scope of Services, Schedule, Fees Exhibitl- HUD Amendment 92408 8 This Ament entered i the day and year first written,Above. 7 7C-f--�- OW NER(Signature) ARCH IT ECT (Signature) (Printed name and title) (Printed name and title) i Init AIA Document B108T —2009 (formerly B181 TTM —1994). Copyright® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. U WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA = 18 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. , f This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) Additions and Deletions Report for AIA Q& Document 8108'm — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:42:37 on 01/19/2017. PAGE Lake Creek Village, LLC P.O. Box 850, 500 Broadway Eagle, Colorado 81631 TAB Associates, Inc 56 Edwards Village Blvd Suite 210 Edwards, Colorado 81632 Lake Creek Village Apts 4923 Lake Creek Village Drive Edwards, Colorado 81632 PAGE 2 The Proposed Improvements will be to remove and replace the existing exterior L. P. hnnerseal composite hood siding and wood trim, the exterior sheathing and all exterior hall R-19 fiberglass batt insulation at each of the 34 apartment buildings. The exposed exterior wall cavities will be inspected for any mold and then spray sealed with Yz " oMann insulation. Subsequently, the original R-19 fiberglass batt insulation will be reinstalled. nets exterior sheathing will be applied, and then new Hardi-Plank cement board siding, stucco siding and new trim will be installed and then finish painted. As a part of the siding replacement process, the existing ahanimun famed windows and sliding glass docs will be removed and replaced with new energyefficient vinyl framed installations. Most existing stained wood trim ivill rennain and ivill either be restained or painted. PAGE 3 [ X ] Owner -provided estimates Estimated March 15, 2017 Estimated November 30, 2017 Additions and Deletions Report for AIA Document 121108T —2009 (formerly 1211811T-1994). Copyright® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) Estimated January 31, 2018 1,000,00012,000,000 1,000,000 1,000,000 1,000,00012,000,000 PAGE 9 § 4.1.1 Programming (B202TM-2009) Architect § 4.1.2 Multiple preliminary designs Architect § 4.1.3 Measured drawings Architect § 4.1.4 Existing facilities surveys Architect § 4.1.5 Site Evaluation and Planning (B203Tm-2007) Not Provided § 4.1.6 2008) Building Information Modeling (E202TM— Not Provided § 4.1.7 Civil engineering Not Provided § 4.1.8 Landscape design Not Provided § 4.1.9 Architectural Interior Design (B252Tm-2007) Not Provided § 4.1.10 Value Analysis (B204Tm-2007) Architect § 4.1.11 Detailed cost estimating Architect § 4.1.12 On-site project representation (B207Tm-2008) Architect § 4.1.13 Conformed construction documents Architect § 4.1.14 As -designed record drawings Not Provided § 4.1.15 As -constructed record drawings Not Provided § 4.1.16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (13210Tm-2007) Not Provided § 4.1.18 Tenant -related services Not Provided § 4.1.19 Coordination of Owner's consultants Architect § 4.1.20 Telecommunications/data design Not Provided § 4.1.21 2007) Security Evaluation and Planning (B206TM— Not Provided § 4.1.22 Commissioning (B211TM-2007) Not Provided § 4.1.23 Extensive environmentally responsible design Not Provided § 4.1.24 LEEDS Certification (B214T"1-2012) Not Provided § 4.1.25 Fast-track design services Not Provided § 4.1.26 Historic Preservation (B205Tm-2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design B253T"t-2007 Not Provided Additions and Deletions Report for AIA Document B108T —2009 (formerly B181 TM —1994). Copyright® 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12105/2017, and is not for resale. User Notes: (3B9ADA1 D) See Scope of Work, Schedule and Fees attached hereto as Exhibit A PAGE 10 .1 2 ( Two ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 1 ( Weekly ) visits to the site by the Architect over the duration of the Project during construction .3 2 ( Two per building ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 1 ( One per building_) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within 12 ( Twelve ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. 4.3.3.5 In addition to the C017S11-I1Cti017 Administration inspections listed above, the architect will provide HUD required 9 - month and 12 -month lvarran inspections. PAGE 14 [ X ] Litigation in a court of competent jurisdiction Additions and Deletions Report for AIA Document B108T —2009 (formerly B181 T —1994). Copyright © 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42.37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) PAGE 16 $103,820.00 Not to Exceed None Additions and Deletions Report for AIA Document B108Tm — 2009 (formerly B181 TM —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) § 11.2.1 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 shall be the amount invoiced to the Architect plus Zero ( 0_ e'u), or as otherwise stated below: None § 11.3 Compensation for Basic and Optional Services is based on a stipulated sum. Unless otherwise indicated, compensation for each phase of services shall be as € Hews:follows Sehematie Conceptual Design 19,347.50 percent ( 18.5 %) Phase Schematic and Design 13,520.00 percent ( 13 %) Development Phase Construction Documents 20,560.00 percent ( 19 %) Phase Bidding or Negotiation Phase 4,100.00 percent ( 445 %) Construction Phase 30,852.50 percent ( 30 %) Estimating and Warranty 15,440.00 15 See below President $175.00 Principal $135.00 Project Manager $85.00 PAGE 17 None § 11.7.1 An initial payment of Zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 1.5 % One Point Five Additions and Deletions Report for AIA Document 6108Tm —2009 (formerly B181 TM —1994). Copyright m 1976, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA: Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) Work Completed to Date: Conceptual, Schematic/DD and Construction Documents. Amount invoiced to date: $42.546.25, Reimursables to Date: $529.80. _ 12.1.10: Article 2.5 -The Architect's Insurance coverage shall extend through the one (1) year warranty period. 12.1.12: The architect agrees that neither mortgage proceeds nor project funds, other than surplus cash, can be a source of payment for Additional Services and the Architect will not assert a lien against the project for non- pgyment. 12.1.13: The fees per Article 11.1 are inclusive of all architects consultants, if any, utilized in preparing the complete set project documents. 12.1.14: The Architect shall provide the construction Contract Administration Services under this Agreement (1) during construction, (2) until final payment is due to the Contractor, and (3) from time to time during the one year warranty period for correction by the Contractor of its work as specified in the construction contract. PAGE 18 None Exhibit A - Scope of Services, Schedule, Fees Exhibit B - Cost of Work Exhibit C: HUD Amendment 92408 Additions and Deletions Report for AIA Document B108T —2009 (formerly 8181 TM —1994). Copyright m 1978, 1994 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 01/19/2017 under Order No. 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) Certification of Document's Authenticity AIA® Document D401 TM —2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 08:42:37 on 01/19/2017 under Order No. 0260403714 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA'' Document B 108TM - 2009, Standard Form of Agreement Between Owner apd Architect for a Federally Funded or Federally Insured Project, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. n (Signed) (Title) 1 /� l� (Dated) AIA Document 1134011* —2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:42:37 on 011912017 under Order No 0260403714 which expires on 12/05/2017, and is not for resale. User Notes: (3B9ADA1 D) Exhibit A Lake Creek Village Apartments — Exterior Renovations Scope of Work, Schedule and Fees Scope of Work The scope of work as currently discussed is to remove and replace all exterior siding, sheathing and exterior wall insulation. Removal (salvage) of windows and doors are needed to properly apply new materials. Replacement of the windows and doors will be determined during the cost estimating process. Existing deck guardrails, stairs, handrails and similar items will be salvaged and reinstalled after new materials are installed. It is anticipated the existing roofing and flashing will remain with some repairs being necessary if damaged during siding removal. Soffit and fascia removal will be on a case by case basis to address sagging eaves or damaged material TAB Associates, Inc. will study several options to replace the exterior finishes with new materials. Interior gypsum board will remain in place with gypsum board adjustments being necessary at the window and door jambs. New insulation will be installed. If no vapor barrier is present or it is determined a new VB is required a spray foam insulation may be specified. Depending on final exterior finishes a combination of spray insulation and batt insulation may be installed. Due to possible new code requirements we might be required to install a minimum of R-5 continuous insulation on the exterior of the buildings. There are other options as well in the new code. Review with building department is needed. After insulation is installed new sheathing will be installed. Depending on final code review with the County it may be determined exterior gypsum board sheathing may need to be replaced on at least the type B and C buildings. The original building code in 1993 required buildings over 6,000 square feet built as type V construction needed a one- hour wall rating. The current code allows up to 7,000 square feet. So, in our case only the C buildings would need the Type X exterior gypsum sheathing or some other one hour rated wall assembly. This needs to be further researched with the Building Department. There are other one hour rating options to consider and will be part of the cost estimating process. In addition, a continuous weather barrier will be installed. We have several options TAB Associates, Inc. would like to be considered and priced during the process. A typical tyvex barrier would be a minimum. Sprayed WB and drainable underlayment are possibilities to be priced. New exterior finishes will be installed. We will look at a number of options from cementitious lap siding, stucco, steel or aluminum siding, panelized siding, and etc. Conceptual Phase Initially we will want to gather all the existing documentation available such as hard copies of building plan, misc. reports and etc. We will also try to track down any CADD drawings which may be available from the original Architect. This step will also include some initial background and code research for the existing structures. CADD documentation of the existing documents are necessary to make sure we have a set of drawings to proceed with the conceptual phase. If CADD documents are available we will upload to our computers and format as necessary for our office standards. If original CADD documents are not available we will use the original hard copies to create our CADD documents. Whether or not we find CADD documents we will still need to visit the site to verify the buildings were built as planned. Any deviations from the plans will be documented and the CADD documents revised. Once we have all the background we will have a kick-off meeting to continue to discuss scope, review our findings, and set a schedule. This meeting will provide direction to finalize a scope of work moving forward. We will take the direction we have received and proceed with Conceptual drawings which will include multiple options for review of the exterior finishes and possible materials. This stage would typically include a site plan, floor plans , exterior elevations and wall sections. Some initial cost ballparks might be available for discussion. Finally, the team will review options and discuss which options might make sense to pursue. We will also review schedule and update as needed. Schematic/ Design Development Revise conceptual drawing selected options per team meeting adding more detail and material descriptions. At this stage we would also review our code research with the Eagle County Building Department to confirm our assumptions and code research. TAB Associates, Inc. Lake Creek Village Apartments Review documents with Cost Estimator and provide initial estimates for review. We will then work with the team and estimator to determine scope of work moving forward. Review options to be selected as well as review possible cost savings options including pros and cons of decisions. With the initial cost estimating and team comments we will revise the schematic drawings to continue to include more details and direction for review. Typical set of drawings would include site plan, floor plans, roof plans, exterior elevations, wall section(s), details, material descriptions. Colored renderings can be provided at this stage if needed. Drawings will be reviewed and estimates updated. Review drawings and estimates with Team. Approve scope forward for Construction Documents. Update schedule as needed. Construction Documents Proceed with Construction Documents with revisions form previous meetings. Provide 50% Construction Document set for team review and cost estimate update. Typical set of drawings would include code sheet, site plan, floor plans, roof plans, exterior elevations, wall section(s), details, initial specifications, material selections and colors. Review documents and estimates to confirm scope of work and budget. Proceed with 95% Construction Documents. This set is essentially a final set of construction documents with the exception of final documentation or revisions as necessary after team review. Typical set of drawings would include code sheet, site plan, floor plans, roof plans, exterior elevations, wall section(s), details, specifications, material selections and colors. Review 95% construction documents with team and approve for final Permit and Bidding Documents. Review schedule for permit, bidding and construction. Issue 100% Permit and Bidding Documents. Bidding and Negotiation Provide necessary documentation for bidding and coordinate with Eagle County bidding documents. We will be available for pre-bid site walks, to answer questions and issue addendums during the bidding process. Provide review and comment of bids received. Coordinate with selected contractor and Team schedule forward during construction. Construction Documents We anticipate from previous project planning the construction process could be about 14 months. We are prepared for that duration or similar time period. During that period we will be available as needed for a variety of issues and items needing to be addressed. We will provide responses and documentation for Shop Drawings, Request for Information (RFI), Architects Supplemental Information (ASI), Construction Change Directives (CCD), Change Orders Request (COR) reviews, Pay Application Reviews, and etc. We also anticipate the first month might require almost daily if not weekly visits to assure the project is proceeding per the contract documents on the first building types to be completed. After the first building are complete we expect bi-weekly visit will become more common. After each site visit we will issue field reports to document any discussions or field conditions. During construction we will continue to review schedules to help determine if the construction is staying on schedule and to anticipate any issues that might be arising due to schedule. Part of this review will also include determining how and when to provide a punch walk for completed buildings. After each building is complete we will provide a written punch list for team review. Follow up of punch list should typically occur a minimum of two weeks after issuance. Warranty Period and Beyond TAB Associates, Inc. we be available during the warranty period to help with an issues that have arisen after construction. We would anticipate a warranty walk would occur after all work is complete. Due to the long construction period and phased completion of the projects we would suggest 6 month and 11 month warranty walks. TAB Associates, Inc. Lake Creek Village Apartments TAB Associates, Inc. Lake Creek Village, LLC 12/22/2016 Exterior Renovations - Scope, Schedule, Fees Schedule Greg Hours Tab Fee Hours Warner Fee Hours Fee Contract 15.00 2,025.00 2.00 350.00 0.00 Conceptual Gathering Info, Code Research 3 weeks 6.50 877.50 10.00 1,750.00 0.00 CADD Documentation/ Redraw 35.00 4,725.00 10.00 1,750.001 5.00 425.00 Kick Off Meeting 4.00 540.00 4.00 700.00 0.00 Finalize Scope Document 4.001 540.00 1.00 175.00 0.00 Conceptual Drawings/ Materials 25.00 3,375.00 2.00 350.00 8.00 680.00 Cost Estimator 0.00 0.00 0.00 Team Review Meeting 3.50 472.50 3.50 612.50 0.00 Total Conceptual 78.00 10,530.00 30.50 5,337.501 13.00 1,105.00 Contract/Concept Not to Exceed $19,347.50 12,555.00 5,687.50 1,105.00 Schematic/ DD Revise Concepts 4 weeks 10.00 1,350.00 2.00 350.00 10.00 850.00 Material Selection 8.00 1,080.00 8.00 1,400.00 0.00 Intial Cost Estimates 10.00 1,350.00 5.00 875.001 0.00 Cost Estimator 0.00 0.00 0.00 Team Review Meeting- VE Discussions 3.501 472.50 2.50 437.50 0.00 Revise Schematics 15.00 2,025.00 2.00 350.00 15.00 1,275.00 Present Schematics/ Estimates 3.00 405.00 3.00 525.00 0.00 Cost Estimator 0.00 0.00 0.00 Team Review Meeting 2.50 337.50 2.50 437.501 0.00 Total SD/DD 52.00 7,020.00 25.00 4,375.00 25.00 2,125.00 SD/DD Not to Exceed $13,520.00 Construction Documents 50% Construction Documents 7 weeks 20.00 2,700.00 3.00 525.00 25.00 2,125.00 Revise and Confirm Estimates 10.00 1,350.00 5.00 875.00 0.00 Cost Estimator 0.00 0.00 0.00 Team Review Meeting 2.75 371.25 2.75 481.251 0.00 95% Construction Documents 25.001 3,375.00 2.00 350.00 35.00 2,975.00 Team Review Meeting 3.25 438.75 3.25 568.75 0.00 100% Construction Documents 15.00 2,025.00 4.00 700.00 20.00 1,700.00 Total CDS 76.00 10,260.00 20.00 3,500.00 80.00 6,800.00 CD Not to Exceed $20,560.00 Documentation Total 221.00 29,835.00 77.50 13,562.501 118.00 10,030.00 Bidding and Negotiation (NTE) $4,100.00 20.00 2,700.00 8.00 1,400.00 0.00 Construction Administration 14 Month - Weekly, Bi -Weekly, Monthly 123.00 16,537.50 10.00 1,750.00 0.00 RFI, CORS, CCDS 60.00 7,965.00 5.00 875.00 0.00 Punch List 26.001 3,375.00 2.00 350.00 0.00 Total CA 209.00 27,877.50 17.00 2,975.00 0.00 CA Not to Exceed $30,852.50 Warranty (NTE) $2,900.00 15.00 2,025.00 5.00 875.00 Total Fee (Documentation and CA) 465.00 62,437.50 107.50 18,812.50 118.00 10,030.00 103,820.00 Hourly Rates - Tab Bonidy - $175.00, Greg Macik $135.00, Warner Hopkins $85.00 Reimbursed out of pocket expenses- Milage rate per current IRS rate per mile, other expenses per 5d. Reimbursables Not to Exceed $1,500.00 Total with Reimbursables $105,320.00 HUD AMENDMENT TO U.S. Department of Housing OMB Approval No. 2502-0598 AIA DOCUMENT B108 and Urban Development (Exp. 06/30/2017) Office of Housing Public Reporting Burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, DC 20410-3600 and to the Office of Management and Budget, Paperwork Reduction Project (2502-0598), Washington, DC 20503. Do not send this completed form to either of the above addresses. HUD AMENDMENT TO AIA DOCUMENT B108 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT FOR A FEDERALLY FUNDED OR FEDERALLY INSURED PROJECT for HUD PROJECT NO. 800234709 1. Definition of terms used in this Amendment. If not defined in this Amendment, capitalized terms shall have the meaning given them in the Agreement, the Regulatory Agreement between Borrower and the U.S. Department of Housing and Urban Development (HUD), the Note, and/or the Security Instrument. a. "Agreement" means the AIA Document B108, Standard Form of Agreement Between Owner and Architect for a Federally Funded or Federally Insured Project, to which this Amendment is attached. b. "Owner" means Borrower, as defined in the HUD Regulatory Agreement applicable to this transaction. C. "Subcontractor" means any material supplier, equipment lessor, industrialized housing (or housing component) manufacturer/supplier, or any person or entity providing services that has either a direct or indirect (in the case of sub -subcontractors) contractual relationship with the Contractor responsible for construction of the Project. 2. The provisions of this Amendment supersede any provisions inconsistent between this Amendment and the Agreement. 3. Owner and Architect represent that they are familiar with HUD's architectural requirements as set forth in Program Obligations and will comply with these instructions in accordance with said Program Obligations, including, but not limited to, review for compliance with HUD Minimum Property Standards; the accessible design, construction and alteration requirements of Section 504 of the Rehabilitation Act of 1973 (see 24 C.F.R. Part 8); the Uniform Federal Accessibility Standards; the accessible design and construction requirements of the Fair Housing Act (see 24 C.F.R. § 100.205); and the Americans with Disabilities Act Guidelines, 37 C.F.R. Part 1191. Previous editions are obsolete HUD Amendment to AIA Document B108 HUD -92408-M (06/14) Replaces form HUD -00000 (00/00) 4. This Agreement shall not be assigned in whole or in part to anyone, without the written consent of HUD. Neither Owner nor Architect shall contract with anyone currently listed by the General Services Administration as a firm that is debarred, suspended, proposed for debarment, or declared ineligible by federal agencies or by the General Accounting Office. Owner and Architect shall each require from their contractors, consultants and agents similar agreements prohibiting contracts with such persons or entities. 5. In the event the Owner, Lender, the surety under the performance bond, or HUD takes control of the Project or takes responsibility for completion of the Project construction pursuant to said parties' legal rights under the agreements concerning the Project, and notwithstanding the provisions of Article 7 of this Agreement, the party taking control or taking responsibility for completion of construction, and any substitute contractor hired by said party, shall have the right to use the Drawings and Specifications, and other documents, including those in electronic form, prepared by Architect and Architect's consultants. Such use shall be to the same extent and with the same limitations as Owner under this Agreement or as Contractor under the AIA Document A201, General Conditions of the Contract for Construction, provided Owner has paid Architect in accordance with this Agreement and is not in breach or default thereunder. Architect's execution of this Amendment shall represent consent by Architect and Architect's consultants to such use. 6. Owner shall provide information to or obtain approval from Lender and HUD regarding any action or observation by either Owner or Architect that significantly increases the Project's cost or time of construction or decreases the quality of construction. 7. The certificates for payment and the Certificate of Substantial Completion shall be in forms as prescribed by HUD. 8. This Agreement shall not be terminated without seven days prior written Notice to Lender and HUD. 9. Owner and Architect recognize the interest of Lender and HUD and that any action or determination by either Owner or Architect is subject to acceptance or rejection by Lender and HUD. 10. In addition to any other rights or remedies Owner may have under this Agreement, if a duly authorized representative of HUD requests that Architect be replaced due to Architect's inadequate performance, unjustified delay or misrepresentation of material facts, Owner may terminate this Agreement after giving Architect at least seven days' written notice and having given an opportunity to correct the performance or other issues to HUD's satisfaction. 11. The Architect designing the Project may have an identity of interest with Owner, Contractor, and/or any Project subcontractor, except however, any Architect Previous editions are obsolete HUD Amendment to AIA Document 8108 HUD -92408-M (06/14) Replaces form HUD -00000 (00/00) administering the Construction Contract shall not have any identity of interest with Owner, Contractor, and/or any Project. An identity of interest is construed to exist where: a. Architect has any financial interest in the Project other than the stipulated compensation set forth in Article 11 and any compensation that may arise pursuant to Article 9 of the Agreement. b. Architect advances any funds to Owner, Contractor and/or any subcontractor; and/or Contractor and/or any subcontractor advance any funds to Architect. c. Architect has any financial interest in Owner, Contractor and/or any subcontractor; or Owner, Contractor and/or any subcontractor has any financial interest in Architect. d. Any officer, director, stockholder, partner, manager or member of Architect has any financial interest in Owner, Contractor and/or any subcontractor; or any officer, director, stockholder, partner, manager or member of Owner, Contractor and/or any subcontractor has any financial interest in Architect. e. Any officer, director, stockholder, partner, manager or member of Architect is also an officer, director, stockholder, partner, manager or member of Owner, Contractor, and/or any subcontractor. f. Owner, Contractor and/or any subcontractor, or any officer, director, stockholder, partner, manager or member of Owner, Contractor and/or subcontractor provides any of the required architectural services or, while not directly providing an architectural service, acts as a consultant to Architect. g. Any family relationships exist between the officers, directors, stockholders, partners, managers or members of Architect and officers, directors, stockholders, partners, managers or members of Owner, Contractor, and/or any subcontractor that could cause or result in control of or influence over prices paid to Architect or could result in control of or influence over performance by Architect. h. Any side deal, agreement, contract or undertaking, that is inconsistent with related requirements for the relationship between Owner and Architect as stipulated in the closing documents, except as approved by HUD. 12. All identities of interest known to exist between the Architect designing the Project and Owner, Contractor and/or any subcontractor are listed herein. The Architect designing the Project and Owner shall each inform HUD in writing within 5 working days of its first knowledge of any identity of interest that develops after execution of this Previous editions are obsolete HUD Amendment to AIA Document B108 HUD -92408-M (06/14) Replaces form HUD -00000 (00/00) 4 Agreement. Upon the discovery of an undisclosed identity of interest, or any identity of interest prohibited under paragraph 11, HUD may require the termination of this Agreement in accordance with paragraph 10, above. List All Identities of Interest: 13. The funds for this Project, including Architect's funds under this Agreement, will be provided, as the case may be, from the proceeds of a Loan from a Lender who in turn obtained a commitment for mortgage insurance from HUD, in accordance with the National Housing Act, as amended, or from a capital advance from the US Treasury pursuant to Section 202 of the Housing Act of 1959 or Section 811 of the Cranston - Gonzalez National Affordable Housing Act. Said Lender, pursuant to the terms of a Building Loan Agreement, or said US Treasury, pursuant to a Capital Advance Agreement, in accordance with HUD's rules and regulations, will agree to advance the proceeds of the Loan or capital advance to Owner for completion of the work, but only to the extent that charges accrued and only to the extent and for the purposes specified in the Building Loan Agreement or Capital Advance Agreement. However, neither the Security Instrument or capital advance, nor the Building Loan Agreement or Capital Advance Agreement, provide funds for Reimbursable Expenses pursuant to Section 11.5 of the Agreement, Termination Expenses pursuant to Section 9.7 of the Agreement, or Additional Service Compensation pursuant to Section 11.2 of the Agreement. Although Architect may agree to provide a greater degree of services for additional compensation, require compensation for reimbursable expenses or termination expenses, or require basic compensation in excess of that provided by the Building Loan Agreement or Capital Advance Agreement for such services, the obligation to compensate Architect for the greater degree of services or the aforesaid expenses shall not be enforceable against Owner, Lender, US Treasury, HUD or the Project; provided, however, that any entity or individual other than Owner may agree to be responsible to Architect for payment thereof and, in such case, shall be identified below. Provider of additional payment pursuant to paragraph 13 of this Amendment, if any. Lake Creek Village, LLC 14. In the event of any dispute that is not resolved through mediation in accordance with section 8.2 of the Agreement, the Owner and Architect (and any successors of either) each agree that the method of binding dispute resolution shall be litigation in a court of competent jurisdiction. The checkboxes under Section 8.2.4, reading Previous editions are obsolete HUD Amendment to AIA Document B108 HUD -92408-M (06/14) Replaces form HUD -00000 (00/00) "Arbitration pursuant to Section 8.3 of this Agreement" and "Other: (Specify)" are hereby deleted in their entirety; Section 8.3 is also deleted in its entirety. [THE "ARBITRATION" AND "OTHER" CHECKBOXES, IN ADDITION TO SECTION 8.3, MUST BE PHYSICALLY STRICKEN FROM THE AGREEMENT]. 15. The Owner and Architect (and any successors of either) further agree that if for any reason HUD becomes a party to a dispute arising from this Agreement, HUD shall not be bound in any manner to binding arbitration; nor shall HUD be bound by any other means of binding dispute resolution, other than litigation in a court of competent jurisdiction. Executed as of the day of 1V �) �-vZ. �j _ 2L. OWN By.. 11�L 1�4 (Z 1Z\f 4 r✓ C4411L Name and Title ARCHIT CT: Name and Title [Remainder of this page intentionally left blank.] Previous editions are obsolete HUD Amendment to AIA Document 8108 HUD -92408-M (06/14) Replaces form HUD -00000 (00/00) CERTIFICATION Each signatory below hereby certifies that the statements and representations contained in this instrument and all supporting documentation thereto are true, accurate, and complete. This instrument has been made, presented, and delivered for the purpose of influencing an official action of HUD in insuring the Loan, and may be relied upon by HUD as a true statement of the facts contained therein. Name of Entity: k I o' L f By: /s/ r✓ Printed Name, Title: Dated: By: /s/ Printed Name, Title: Dated: [ADD ADDITIONAL LINES IF MORE THAN TWO SIGNATORIES] Warning Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. Previous editions are obsolete HUD Amendment to AIA Document 6108 HUD -92408-M (06/14) Replaces form HUD -00000 (00/00)