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2007-04-12 Special MeetingApril 12, 2007 — Immediately Following the Work Session Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mil Bay Road Kodiak, AK 99615 1. ROLL CALL 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2006 -28A Amendment to Contract No. FY2006 -28 Design and Construction Services for the New Pool Facility to ECl/Hyer of Anchorage. 4. ADJOURNMENT This special meeting was called by the Assembly. Kodiak Island Borough April 12, 2007 - -ej�� p� n � �f Borough Conference Room Assembly Agenda Page 1 April 12, 2007 Special Meeting Assembly Conference Room 1. ROLL CALL 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2006 -28A Amendment to Contract No. FY2006 -28 Design and Construction Services for the New Pool Facility to ECI /Hyer of Anchorage. Recommended motion: Move to authorize the manager to execute a change order in accordance to KIBC 3.16.100 to Contract No. FY2006 -28 with ECI /Hyer of Anchorage, AJask in amount not to exceed $472,500. ROLL CALL VOTE ON MOTION 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines April 12, 2007 Page 1 CO 0 o CID Mr. Abell Ms. Branson Mr. Friend uouk - j �/1 TTT/1r •OTAT Mr. Oswalt Ms. Williams TOTAL al O N Mr. Abell Ms. Branson Mr. Friend t 4 uouX'1 •sL\I ‘ •nr•r 2ieMSO 3 IAI Ms. Williams TOTAL b 0 iiagv . JIAI Ms. Branson Mr. Friend Cd tioukj 'SL\I 4 TT • CTAT Mr. Oswalt Ms. Williams TOTAL cn iio A Ms. Branson Mr. Friend U o i uou1 •sj r Mr. Oswalt r Ms. Williams [ TOTAL 'C 0 O 11 Mr. Abell II Ms. Branson II Mr. Friend goukj iia•30f 'SW 11 Mr. Oswalt II Ms. Williams TOTAL Q 0 - 60 0 0 U KODIAK ISLAND BOROL.A-1 ASSEMBLY ROLL CALL SHEET Project Name: Kodiak Pool Project No. 3005.01 ECl/Hyer A/E Contract Analysis a,,,rzoo� C.A. AL Summary New Construction Budget: Original Escalated Construction Budget: Value of Additional Scope: EXHIBIT A Increase Due to Market Escalation 25-35°/a (Assume 35%) No Increase No Increase No Increase $11,200,000 $ 6,615,000 $ 4,585,000 (Af �� ,� ` � � � \� � � � � Scope Increase (Equitable Adjustment) $ 137,550 (3 $ 458,500 (A $ 14,000 " $ 472,500 Total AIE Services* Total DEEQ Recommendation ��, ��, r �;.�;� �� h S�r $ ao�,aso � > �,o5a,�oo �s.a5i�;;. $ 299,454 $ 224,�Q0 (2°fo);I $ 1,107,314 � ; 1,28Z,4Q0 $ 52,510 .' TBD " $ 1,159,824 'Does not include driveway extension ($44,013). "Includes 12 additiona! man trips. o E o E n ft 1 w o t 8 111 E 'o s- z o n. z 0 xs •0 U o a a w ; • • Fiscal Notes: ❑ n/a Account No. 420 500 450 300 03119 5- Expenditure Required: $ ❑ n/a Amount Budgeted: ❑ n/a Regular Meeting of Kodiak Island Borough AGENDA STATEMENT Item No. 4146( Contract No. 2006 -28 Increased Architectural /Engineering Design Fees for AIA Contract 2006 -28 for New Pool Facility Kodiak Island 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. An A/E Design Services Contract to ECl/Hyer in the amount of $687,324.00 was approved by the Assembly at its 15 December 2005 meeting. Since that time the budget for the new Pool has risen from $6,210,000 to $14,211,630 through a 2nd voter approved Bond. The NE Design Team has met with the ARB and members of the community several times over the last year soliciting input for the final design of the new Pool Facility. As the design of the Pool has evolved through to the 65% Design Phase, there has been a change in the size of the building, upgrades in heating and air recovery systems, more durable finishes, both for the interior and exterior, have been selected, higher insulation requirements for energy efficiency have also been stipulated. ECI /Hyer has requested an increase in fees for additional design and engineering work to accommodate the increased Program of the new facility along with increased fees for the bid phase, site visits, commissioning, construction documents and construction administration in recognition of the increased size and systems of the Facility in an amount of $ The DEED has issued an amended Budget for this Project based on the escalated cost of the Project. The guidelines recommend an 9.45% of total Project Cost for NE Fees. ECI /Hyer is requesting an increase of %. APPROVAL FOR AGENDA: Recommended motion: Move to authorize the manager to execute a Change Order to Contract No. FY2006 -28 with ECI /Hyer of Anchorage, Alaska in an amount not to exceed KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Contract No. 2006 28 Change Order No. 1 eject Name, Number & Location New Kodiak MS/HS Pool Project No. 03119, NG Armory Site Contractor ECl/Hyer Anchorage, Alaska Amount of Contract & Change Order Original Contract $ 687,324.00 Previous Changes $ -0- This Change $ Adjusted Contract $ Description of Change Cost There has been a change in the size of the building, upgrades in heating and air recovery systems, more durable finishes, both for the interior and exterior, have been selected, higher insulation requirements for energy efficiency have also been stipulated. ECl/Hyer has requested an increase in fees for additional design and engineering work to accommodate the increased Program of the new facility along with increased fees for the bid phase, site visits, commissioning, construction documents and construction administration in recognition of the increased size and systems of the Facility. _ _.e time provided for completion of the contract is (® unchanged) (E increased) (❑ decreased) by calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Accepted By: Recommended: Approved By: Revised by MIS 06/14/06 Contractor's Representative Engineering/Facilities Director Finance Director Manager (Less Than $1 0,000 — Total for all change orders on this contract) Attest: Borough Clerk Date Date Date If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of A. The mayor and deputy presiding officer; B. The mayor and one (1) assembly member in the absence of the deputy presiding officer; C TL.. deputy- .a.... presiding officer ...7 one (11 assembly' mho in he absence of the mayr• or C. 1116 UGI)ULy p1eJIUlllg Ji11\.1.1 a11U Vlll. ` 1 J Q O 411U1r 111e111VVr t o 111 the c.vova.v...,+. �•..� .•..+�., .+, D. Any two (2) assembly members in the absence of the mayor and deputy presiding officer. Approved By: Date Mayor Deputy Presiding Officer Document B141' -1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3. TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the 1 day of February in the year Two Thousand and Six (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 -6398 Telephone Number: (907) 486 -9300 Fax Number; (907) 486-9394 and the Architect: (Name, address and other information) ECIIHyer, Inc. 101 W. Benson' Blvd., Suite 306 Anchorage, AK 99503 Telephone Number: (907) 561 -5543- Fax Number: (907) 562 -3213 For the following Project: (Include detailed description of Project) New Kodiak HS/MS Pool (DEED Project # DR -05 -110) Kodiak, AK The Kodiak Island Borough requires a replacement pool to serve middle and high school students and the surrounding community. The Owner and Architect agree as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141'"' - 1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA ° ' 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. (938646469) User Notes: ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Nate the disposition for the following items by inserting the requested information or a statement such as not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") § 1.1.2 PROJECT PARAMETERS -§ 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) The facility is to include a 25 yard, six -lane pool with adjacent shallow water instruction pool and appropriate support spaces. Design and construction of a new 6 -lane pool facility of approx 18,000 square feet. Additionally, the facility shall include shower and locker rooms, lobby, multipurpose teaching classroom and spectator seating area. This structure will be a stand alone facility located near an existing school. §1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The program calls for 18,249 SF of gross building area. The anticipated site is assumed to have all necessary utilities. The Owner will provide site survey and geotechnical investigation and foundation recommendations. Three potential sites have been identified. A matrix that identifies the attributes and constraints of each site will be developed. The final site to be selected based upon the matrix. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) I The program is described in the Educational Specifications developed by the Kodiak Island Borough School District. 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions o/'the site.) The preferred "Armory" site is currently owned by the State of Alaska and leased to the City of Kodiak. City approved transfer of lease to Kodiak Island Borough for this project on 10/27/2005. KIB staff is currently in negotiations with the State to approve transfer of Lease to the Kodiak Island Borough. Transfer is expected to be complete by 2/15/06. The other two potential sites are owned by the Kodiak Island Borough. § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is $6 The project is funded through voter - approved general obligation bonds. Sixty percent of the bond amount will be reimbursed by the State of Alaska. The total amount of the bond for pool design and construction is $6,210,000.00. Additional funding for the project may be available through grants or voter- approved bonds .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $4,900,000.00 .3 See § 1.4.2 § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Occupancy date not later than August 2008. See § 1.4.2 AIA Document 8141 - 1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Lew 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (9386464691 § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Design, Bid, Build — Competitive Bid 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) A Project Agreement between the KIB and the State of Alaska for the project is attached as Appendix `A'. Project scope may not be expanded beyond the scope identified in the Agreement Document. § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Kenneth W. Smith, P.E Project Manager Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 Phone: (907) 486 -9341 Fax: (907) 486 -9349 Email: ksmith @kib.co.kodiak:ak.us § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Kodiak Island Borough School District Alaska Department of Education & Early Development Architectural Review Board Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and;, if known, identify them by name and address.) Site Survey Geotechnical Investigation §'1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Terry Hyer, AIA ECl/Hyer, Inca 101 W. Benson Blvd., Suite 306 Anchorage, AK 99503 Brian Meissner, AIA ECl/Hyer, Inc. 101 W. Benson Blvd., Suite 306 Anchorage, AK 99503 AIA Document 6147E —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (938646469) § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Counsilman/Hunsaker & Associates: Aquatic Design Specialists DOWL.Engineers: Civil Engineering BBFM Engineers: Structural Engineering AMC, Inc: Mechanical /Electrical Engineering HMS, Inc.: Cost Estimating Aronson Security Group: Hardware §1.1.4 Other importantanival information is: I N/A § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER §1.2/.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2:3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, 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. §1.2.2.6 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. AIA Document B141 —1997 Part 1. Copyright © 1917, 1926, 1948, 1951. 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (938646469) § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This 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. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 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. § t2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond ins the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are instruments of Service for use solely with respect t this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. AIA Document B141T^ - 1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 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 15:26:55 on 02/07/2006 under Order No.1000198856_ which expires on 9/19/2006, and is not for resale. (938646469) User Notes: § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this License. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, 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. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. 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. Architect shall not unreasonably withhold consent regarding Owner's use of drawings and plans. The Owner shall have full use of the Instruments of Service for future additions or alterations to this Project. The Owner shall indemnify and hold harmless the Architect or any of his designees of any future use. Any unauthorized use of the Instruments of Service shall beat the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. Architect shall provide Instruments of Service in electronic format. Notwithstanding such an agreement, drawings and calculations shall be provided in: [ 1 ] Autocad 2004 "dwg "`format and shall include all associated page setup and plot style tables, fonts, and referenced drawings as applicable and [2] Adobe Acrobat (PDF 1.4 or above) format. § 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; AIA Document 8141 M - 1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe' 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale, User Notes: (938646469) .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. §1.3A MEDIATION § 1.3.4.1 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 arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. § 1.3.4.2 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 in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.3 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. § t3.5 ARBITRATION § 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 1.3.4. § 1.3.5.2 Claims. disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be tiled in writing with the other party to this Agreement and with the American Arbitration Association. § 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 1.3:5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Despite the language of Section 1.3.5.4, either party may include the Contractor in any arbitration arising out of this Agreement to the extent allowed by the Contract for Construction. § 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AIA Document B141 r"" —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (938646469) § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the 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 in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS §1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Section 1.4.2. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1.3.7.5 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. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 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. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to AIA Document B141TM' —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (938646469) suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3,8.7. § 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated. § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incun by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plats, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock -ups requested by the Owner; 6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Section 1.5.5; .8 other similar direct Project- related expenditures. § 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. [would like to see these records as part of accompanying paperwork submitted with invoicing] AIA Document B141n" - 1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. ( User Notes: (938646469) Tasks ECI /flyer Architect Landscape DOWL Civil BBFM Structural AMC Mechanical AMC Electrical Counsilman/ Hunsaker Pool HMS Cost Estimating Totals Design Phase 4 0 1 1 2 2 1 0 11 Pre- Construction Conference 1 0 1 0 0 0 0 0 0 1 Construction Phase 4 0 4 3 3 3 2 0 19 TOTAL 9 0 5 4 5 5 3 0 31 § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. 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. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997. § 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141 -1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) Insurance requirements shall be in conformance with KIB Request for Proposal for Architectural and Construction Services for New Kodiak HS/MS Pool ECl/I-Iyer Professional Fee Proposal dated Nov 20, 2005 § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: Other understandings of the scope of work include: 1. Architect will prepare and submit the documents for DEED and code agency reviews. We have not included the cost of any fees or permits in our expense budget. 2. Architect has not included the cost of bid advertising. 3. The cost of code required special inspections or testing is not included in this proposal. 4. A Phase 1 Environmental Site Assessment (ESA) is not required. 5. A SWPPP is not required. 6. The construction bid documents will be developed as a single lump sum contract. 7. Fire protection will be provided by existing fire hydrants. After Architect completes the Schematic Design, Owner will review it and advise Architect whether or not Owner desires to continue with the Project. Architect will not proceed with the Project without Owner's express written direction to do so. Owner reserves the right to tenninate the Project after Architect completes the Schematic Design. AIA Document B141TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (938646469) ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Stipulated lump sum fee of six hundred forty eight thousand eight hundred fourteen dollars ($648,814). 1 Reimbursable Expense budget of thirty eight thousand five hundred eleven dollars ($38,510). A breakdown of fee compensation is as follows: Schematic Design: $111,936 Design Development: $121,350 Construction Documents: $228,604 Bid Phase: $25,020 Construction Administration Phase: $155,904 Cornmissioning: $6,000 A fixed Lump Sum Labor fee in the amount of $648,814.00 plus a Reimbursable Expense budget in the amount of $38,510. (See ECl/Hyer Professional Fee Proposal dated Nov 20, 2005) § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted; Such adjustment shall be calculated as described below or if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation. including rates and multiples of Direct Personnel Expense for Principals and employees, and idetliify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) § 1.5.5 Other Reimbursable Expenses, if any, are as follows: § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One point one -five ( 1.15 ) times the amounts billed to the Architect for such services. § 1.5,4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and one -tenth ( 1.10 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. § 1.5.7 An initial payment of Zero Dollars and Zero Cents ($ 0.00) 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 at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. § 1.5.8 Payments are due and payable Thirty ( 30 ) days from the date 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 interest agreed upon. ) 6.00% per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and AIA Document B141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967. 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 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 15:26:55 on 02/07/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (938646469) elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or /modifications, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within Thirty -Six ( 36 ) months of the date hereof, or three (3) months after substantial completion, whichever occurs first, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. This Agreement entered into as of the day and year first written above. OWNER (Signature) 1 Rick Gifford, diak Island Borough Manager (Printed name and title). 11772'6 r ARCHITECT (Signal re) Terry H ' - r rincipal (Printed name and title) AIA Document B141TM' - 1997 Part 1. Copyright © 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 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 15:33:28 on 02/06/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (3816735491) ZAIA Document B141TM -1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 PROJECT ADMINISTRATION SERVICES SUPPORTING SERVICES EVALUATION AND PLANNING SERVICES DESIGN SERVICES CONSTRUCTION PROCUREMENT SERVICES CONTRACT ADMINISTRATION SERVICES FACILITY OPERATION SERVICES SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner. research applicable design criteria, attend Project meetings, communicate with members ofthe Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project.requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner. design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. § 2.1.6 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. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical Tine in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141TM' — 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 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 14:09:03 on 02/03/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (3700346805) § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK §2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 2.1.7.2 Evatuations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over 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 Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In 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 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. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work 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 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site: locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and AIA Document 8141 TM - 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, 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 AlA software at 14:09:03 on 02/03/2006 under Order No.1000198856_1 which expires on 9/19/2006.. and is not for resale. User Notes: (3700346805) 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. § 2.2.1.3 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, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. AIA Document 8141 M - 1997 Part 2. Copyright © 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA''' Document, 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 14:09:03 on 02/03/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (3700346805) ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. §;2.5:2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5,4.4'The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for prospective bidders. § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS §.2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions,: Specifications and Drawings. § 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract AIA Document B141 —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document, 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 14:09:03 on 02/03/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (3700346805) Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement comrnences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2:6.1.7 The Architect shall interpret and make recommendations regarding matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed with site reports, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine if the Work 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. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge AIA Document 8141 TM' — 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 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 15:43:47 on 02/06/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1709983996) of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. §3.6,2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment 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 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (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. § 2.6.3.2 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. § 2.6.3,3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4' SUBMITTALS § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.4.2 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. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals AIA Document B141TM' —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 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 14:09:03 on 02/03/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (3700346805) related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the. Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.31f the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT COMPLETION § 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the. Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. §2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative 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. § 2.6.6.3 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 any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (I) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. AIA Document B141TM — 1997 Part 2. Copyright © 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA 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 14:09:03 on 02/03/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (3700346805) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description Programming O/A .1 Land Survey Services 0 .2 .3 Geotechnical Services 0 Space Schematics /Flow Diagrams NP .4 Existing Facilities Surveys NP .5 Economic Feasibility Studies NP .6 Site Analysis and Selection O/A .7 .8 Environmental Studies and Reports NP Owner- Supplied Data Coordination NP .9 Schedule Development and Monitoring NP .10 .11 Civil Design A Landscape Design A .12 Interior Design A .13 Special Bidding or Negotiation NP .14 .15 Value Analysis NP ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to ( ) visits to the site by the Architect over the duration of the Project during construction. See § 1.4.2 .3 up to ( ) 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. See § 1.4.2 .4 up to ( ) inspections for any portion of the Work to determine final completion. See § 1.4.2 § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; responses to the Contractor's requests for information 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; Change Orders and Construction Change Directives requiring evaluation of proposals, including the , or revision of Instruments of Service; providing consultation concerning replacement of Work resulting from fire or other cause during construction; evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or Contract Administration Services provided 60 clays after the date of Substantial Completion of the Work. § 2:8,3 The Architect shall furnish or provide the following services only if specifically designated: AIA Document B141 TM —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA"''' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA "' Document, or any portion of it, may resutt 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 14:09:03 on 02/03/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. (3700346805) User Notes: Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .16 Detailed Cost Estimating A .17 On -Site Project Representation NP .18 Construction Management NP .19 Start -up Assistance NP .20 Record Drawings A .21 Post- Contract Evaluation NP .22 Tenant- Related Services NP .23 .24 .25 Description of Services. 1 (Insert descriptions of the services designated.)Commissioning by Mechanical/Electrical sub to Architect ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: (Signature) I Rick Gifford, Kodia Island Borough Manager (Printed name and title) � // 47Tf6/ ale o. dcroufA ARC ITECT (Signat Terry , Principal (Printed name and title) AIA Document B141Tm —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 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 15:43:47 on 02/06/2006 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1709983996) 1. Project Scope of Work: (Use additional pages if necessary) Additional Gross Square Footage: --18,000gsf• 4 AAC 31.020(e) This project is for the design and construction of a new pool facility on a portion of the existing high school site to serve the Kodiak Middle School and High School programs with the following constraints and features: • The maximum pool surface will be 45' x 75' except that a contiguous shallow pool not to exceed 675sf may also be included to serve the district's special needs students. • Multi-use teaching space will be incorporated convertible to spectator seating. • The facility will include administrative, locker/ changing, storage and building service spaces as appropriate. This project has been approved at a 60% debt reimbursement rate. 2. The Recipient further agrees to comply with the following additional conditions: (NONE) 3. Project Funds - New Kodiak MS /HS Pool AS 14.11.100 (a) (12) Approved Principal Amount: Other Funds Project Total 4. Project Budget Project # DR -05 -110 New Kodiak MS /HS Pool Cost Category 5. EED Overhead: U).EL, l AUKtWlVlt1N 1 do APPENDIX A Other Funds DR Funds % of Const. Total Project Budget Page 1 of 1 Appendix A EED Initials Recipient Initials $6,210,000 $0 $6,210,000 ,e ..".*/. 1. CM (by consultant) 2. CM (in- house) 3. Land 4. Site Investigation 5. Design Services 6. Construction 7. Equipment 8. Technology 9. Indirect/Admin. 10. Percent for Art 11. Project Contingency Totals $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $98,000 $160,000 $ 0 $ 0 $463,000 $4,900,000 $150,000 $49,000 2.00% 3.27% N/A N/A �-- 9.45% 100.00% 3.06% 2.96% 1.00% 5.00% 126.73% $98,000 $160,000 $0 $0 $463,000 $4,900,000 $150,000 $0 $145,000 $0 $145,000 $49,000 $245,000 $6,210,000 $245,000 $6,210,000 /A r d / /A7-ei t4,6z. � t/ cA, EED Debt Number: DR 05-1i. Project Name: New Kodiak MS/HS Pool Alaska Department of Education & Early Development Amendment No. 01 to the Project Agreement Appendix A — Scope & Budget 1. The project scope of work is revised as follows: Additional Gross Square Footage: 18,000gsf 20,9S0gsf, 4 AAC 31.020(e) This project is for the design and construction of a new pool facility on a portion of the existing high school site to serve the Kodiak Middle School and High School programs with the following constraints and features: • The maximum pool surface will be 45' x 75' except that a contiguous shallow pool not to exceed 675 800 sf may also be included to serve the district's special needs students. • Multi -use teaching space will be incorporated convertible to spectator seating. • The facility will include administrative, locker /changing, storage and building service spaces as appropriate. This project has been approved at a 60% debt reimbursement rate. "Aks,& 4-s 4 /d./A/' dtrAlLet te 06 / t? C_ FEB 26 Page 1 of 2 _...e.L6J ( 4-j2ta1142 /� fj e____ 1. CM (by consultant) $98,000 $126,264 2.00% $224,264 2. CM (in- house) $160,000 $206,672 3.27% $366,672 3. Land $0 $0 N/A $0 4. Site Investigation $0 $0 N/A $0 5. Design Services $463,000 $596,649 9.45% $1,059,649 6. Construction $4,900,000 $6,313,216 100.00% $11,213,216 7. Equipment $150,000 $193,124 3.06% $343,124 8. Technology $0 $0 0.00% $0 9. Indirect/Admin. $145,000 $186,911 2.96% $331,911 10. Percent for Art $49,000 $63,132 1.00% $112,132 11. Project Contingency $245,000 $314,032 4.99% $559,032 Totals $6,210,000 $8,000,000 126.73% $14,210,000 EED Debt Number: DR 05 -11u Alaska Department of Education & Early Development 2. Project Funds - New Kodiak MS /HS Pool AS 14.11.100(a)(12) & (17) Amendment No. 01 to the Project Agreement Appendix A — Scope & Budget Change This Current Budget Amendment Approved Principal Amount: $6,210,000 $8,000,000 Other Funds: Project Total 3. Project Budget Cost Category ,70 Reci (Nam and Tide`' Atexi - finix) $6,210,000 hange This /Current Budge Amendment Project Name: New Kodiak MS/HS Pool $8,000,000 of Const. $0 $0 In witness whereof the parties hereto have executed this Amendment to the Contract as of the 2 `d of .Ac4rrE. r. -� , 2007. _`IT Revised Funding Source Total $14,210,000 $0 $14,210,000 Revised Total Project Budget a rf e nittof Education & Early Development �.f .� . / 12/01/2006 15:05 FAX 19075623213 ECI /HYER, INC. lJ001 HYER ARCHITECTURE PLANNING INTERIORS DEVELOPMENT 101 WEST BENSON SUITE 306 ANCHORAGE, AK 99503 (907) 561-5543 (907) 562- 3213 -FAX Kodiak Pool 3003 1.1.5 November 22, 2006 Ken Smith Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: Professional Services Agreement Dear Ken, We are pleased that the new pool is back on track and look forward to the continuing evolution of the design. As we proceed with the Design Development phase we will incorporate the additional program functions and review comments that were directed by the ARB at the end of schematic design. This has increased the overall area of the building by approximately 2,000 SF above the ed. specs. We will also design for a concrete pool and saline/UV sanitizing system. The combination of increased program, break in project schedule and increased project cost results in increased cost to the design team. The bulk of the • impact appears to affect the mechanical/electrical engineering, cost estimating and architectural/project management the most. We hereby request an equitable adjustment to the fee to cover the additional time and effort to incorporate the changes and account for the time lapse in the schedule. I am providing you with a spreadsheet of the impact issues and associated costs and back up materials from the consultants affected. It is also my recommendation to increase the C.A. phase budget to be commensurate with the expected effort. This could be contracted on a time and expense basis rather than lump sum if you prefer. After you have reviewed the information please give me a call and we can discuss any questions or clarifications necessary. Also included is a project breakdown by phase so you may tie each phase to the contractual terminology for budgeting and invoicing purposes. 12/01/2006 15:06 FAX 19075623213 ECI /HYER, INC. HYER Ken Smith November 22, 2006 Page 2 Thank you for your consideration and willingness to work through this unusual turn of events for this important project. Sincerely, ECl/Hyer, Inc. `G- Terry Hyer enclosures TH/snf 1j002 12/01/2006 15:06 FAX 19075623213 EC1 /Hyer Inc. - Request For Equitable Adjustment 3005.01 Kodiak Pool Impact of changes to program - Design Phase 1. Redo code evaluation (DD) 16 hrs x $125/hr 52,000 2. Redesign site plan for additional parking and circulation (DD) 60 hrs x $125/hr 57,500 3. Redesign floor plans, elevation, sections, modeling (DD) 120 hrs x $125/hr 515,000 4. Presentation site visit (DD) 32 hrs x $125 54,000 5. Coordination / Project Management (DD & CD) 68 hrs x $145/hr 59,880 6. Additional details - plan, section details (CD) 80 hrs x $117/hr $9,360 7. Specs (CD) 12 hrs x 5125/hr 51,500 8. Coordination and detailing in existing building (CD) 48 hrs x $125/hr 56,000 9. Escalation of labor rates due to extension of project schedule (CD) 3,5% x 5294,000 510,300 10. Increased liability effect for 511M project over 55M project (DD & CD) 0. t6% x $8M 59,600 ECI /HYER, INC. a003 Construction Phase 11. Increased scope relates to increased questions, DCVR's,-RFI's, etc. Original budget was very minimal for scope of project. A normal and rational approach to C.A. services generally dedicates 3 to 4% of construction value to this phase of work for an average level of services assuming a competent contractor and no major changes during construction. The DEED project budget allocated 3.27% of construction coat for the Owners C.A. effort end 2% for the entire design team effort. Utilizing DEED's formula results In a new C.A. budget for the design team 01 5224,000. This is low by real world experience. The additional funds available to the A/E budget is then $88,096 plus expenses. We propose that C.A. be contracted on a time and expense basis,so that If the time is not utilized the Kodiak Island Borough is not obligated to pay. 12. We propose the project wit be better served with more frequent site visits by the architect The original proposal included (3) one day interim site visits and (1) substantial completion site visit. We propose to increase the interim site visits by (4) which provides a total of 7 or approximately one every two months during construction. We view this as a minimum and would suggest that a monthly site visit is more appropriate. (4) visits x 14 hrs (including report) x $130/hr $7,280 13. Expenses: (2) DD + (4) CA trips x 5600 53,600 Additional printing costs, mailing, eta 53,000 56,600 12/1/2006 1 Totals 'TOTAL I ` t3ulenh.,r�an! Subtotal • i $ 687,324.00 I $ 38.510,00 $ 648,814.00 1 $ 139,041.00 I $ 6,600.00 177 4 - 41.00 $ 103,395.00 1 $ 3,000.00 i $ 100,3 $ 1,347.00 1 $ 48.110.00 I I $ 882,997.00 I 1 $ 48,110.00 I 1 $ .253,150.00 I I $ 12,095.00 I 1 $ 17,055.00 I $ 224,000.00 I $....... 629,847.00 I 1 $ 26,400.00 I so0 C 8 m ^.1 ° 8 j - CO rn 8 -a o m. M M fD 124 2b004 n � 71 = . 0 y Z am z � 0 Z d o d 3 0 ID 71 lD • g o . 'o 0 3 0. E N O1 .11 y O c O 9 3 12/01/2006 15:07 FAX 19075623213 ECI /HYER, INC. A,WHE ENGINEERS November 28, 2006 Mr. Terry Hyer ECI Hyer Architects 101 W Benson Blvd Suite 306 Anchorage AK 99503 RE: New Kodiak MS/HS Pool (05112) SUBJ: Mechanical & Electrical Services Fee Proposal for Additional Services Dear Terry: This letter is in response to your email yesterday requesting our proposal for additional services. The scope of the project has increased since our original proposal, and the design schedule has slipped three _quarters ofa year. We appreciate the opportunity to present this request for additional fees, which we believe are fair and justifiable. Scope of the Project The scope of the project includes services described in our original fee letter of November 18, 2005. During Schematic design the project scope increased in several areas and the project cost estimate increased from $4,900,000 to 511,200,000 including contingencies and escalation (refer to the Cost Estimate for 35% Design Modified Submittal dated June 5, 2005). We feel that our level of effort could potentially increase proportionally to the increase in budget, but this proposal takes a much more conservative approach. This proposal is optimistic on our part, and was prepared without contingency. Design & Bid Phase: Additional Mechanical and Electrical Engineering Services Our proposal for additional mechanical and electrical design services is'S57,S00 plus 5800 travel expenses. Of this total, 59,800 is for the requested radiant floor heating system, which is not in the 35% SD cost estimate. This proposal includes the following Additional Design services: lb 005 o $ 7,800 o $ 12,400 o $ 12,400 o $ 5,900 o $ 9,800 o $ 4,700 o $ 3,600 o $ 1,200 o $ 57,800 o UV and Saline systems: Electrical & Piping design & coordination o Design of the new Public Toilet rooms o Natatorium Heat Recovery System design o The impact of rate schedule increases from 2005 to 2006 o Radiant Heating System design o Schematic Design update (larger natatorium & update mechanical room) o Site Trips (LM +IE) to gather data for the existing boiler room and utilities o Additional Bid Questions o plus 5800 travel expenses Adams, Morgenthaler and Company, Inc. 701 East Tudor Road • Suite 250 • Anchorage, AK 99503 fax 907 -257 -9191 • irrfo @amc- engineers.com • phone 907- 257 -9100 Mechanical and Elects csd ` Engineering'Siervices ' gr . Design, Bid -, - .!':. Basic Services ' 11/18/2005. Proposal ` Additional Services Thisiroposal Total Services Fj:Qposed ' Basis. ..: Services to Schematic Design $ 19,800 none $ 19,800 LSFF (complete) Design Development $ 21,900 $ 15,100 $ 37,000 LSFF Design Phase trip none $ 3,600 $ 3,600 LSFF Construction Documents $ 47,800 $ 37,900 $ 85,700 LSFF Bid Phase Services $ 3,500 $ 1,200 $ 4,700 LSFF . Design Phase Services Subtotal $ 93,000 $ 57,800 $ 150,800 LSFF Expenses - Through SD $ 1,400 none $ 1,400 NTE Expenses - SD Through Bid none $ 800 $ ' 800 N7 E Total Design & Bid S 94,400 $ 58,600 $ 153,000 mixed 12/01/2006 15:08 FAX 19075623213 ECI /HYER, INC. ECI Hyer Architects New Kodiak HS Pool M &E Services November 28, 2006 Page 2 Fee Proposal Recap: Based on the services and assumptions described above, we have prorated the fees to the 006 Note: Added design services include $9,800 for radiant floor heating design, which is optional. Construction Administration Phase: We recommend higher allowances based on the larger construction contract. Our logic is that if the contractor is doing more, there will be more questions and submittals. We have also increased the number of field trips. Construction phase services are estimated with hourly rates adjusted for services occurring in 2007. Construction services include: a) Submittal and Shop Drawing review and RFI/DCVR responses. b) Inspection services: 3 interim mechanical and 2 interim electrical site visits, plus 1 overnight substantial inspection per discipline. Interim trips are all day, with return the same evening. This is a total of 7 trips for mechanical and electrical disciplines. c) Commissioning Services (recommended option): To doo a comprehensive functional checkout of all our systems, we propose to spend 4 days on site for mechanical (note The recommended 2 day increase) and 2 days on site for electrical. This should occur as a separate trip near the time of substantial completion, before occupancy. The mechanical and electrical contractors must be present to demonstrate each operating component and make adjustments or corrections as required. Commissioning typically pays for itself in less than one year, and will have a long term benefit of more efficient operation and owner satisfaction. Construction Phase Services are very difficult to estimate. Our estimate is based on anticipated submittals and routine questions spanning 12 months of mechanical and electrical construction with a typical contractor. We assume that all time and expenses services will be authorized as `one pot" and that funds may be reallocated between tasks and service categories as needed. With construction services on a T &E basis, we can easily limit our involvement to whatever budget is requested, with the understanding that we will stop if we reach the preset limit. Mechanical and Electrical Construction Phase Services, ` : _Basic Services. 11/18/2005' 'Prop #;u . ' ;;. *Mon"' ' :. Se s'i ; Oils prop644 : Total Services Proposed.. Basis Grand Total all services $141;400 "'' p $90d� ' �i,zoo *Weft e" Submittals and questions $ 25,500 $ 14,200 $ 39,700 T &E Budget Site visits $ 9,400 $ 8,500 $ 17,900 T &E Budget Record drawings $ 3,300 $ 1,500 $ 4,800 T &E Budget CA Phase Services Subtotal $ 38,200 $ 24,200 $ 62,400 T &E Budget Expenses — CA Phase $ 2,800 $ 2,200 $ 5,000 T &E Budget Total CA $ 41,000 $ 26,400 5 67,400 T &E Budget Commissioning (option) includes travel expenses $ 6,000 S 5,300 S 11,300 T &E Budget Total GA Services Proposed $ 47 , 10 : $ 3100: $1.' 10'000 T &E BO et ''' Mechanical and Electrical Services Basic Services 11/18/2005 Proposal Additional Services This proposal Total Services Prorosed Basis Grand Total all services $141;400 "'' p $90d� ' �i,zoo *Weft e" 12/01/2006 15:09 FAX 19075623213 ECI /HYER, INC. ECI Hyer Architects New Kodiak HS Pool M &E Services November 28, 2006 Page 3 LSFF = Lump Sum Fixed Fee NTE = Time & Expenses not to exceed T &E Budget = Time and Expenses with a recommended budget We remain enthusiastic about this project and look forward to its success. Jf this proposal is acceptable, your written acknowledgment would be appreciated. Sincerely, AMC ENGINEERS 'r-072- Boyd Morgenth er, P.E President X:105112 KODPOOL2VPM12 Fees Scope post SD Nov 2006\ Added Svcs Fee Proposal 061128 w breakouts.doc L ioo7 a-z .: • IYER 12/,01/2006 15:10 FAX 19075623213 ECI /HYER, INC. NOV-22 -2006 WED 10:24 AM HMS, INC. :FIITECTURL' NNINO :RIORS 'CLOPMENT WEST BENSON 'E; $06 • HORACE, AK 99503 6614443 i 502.3273FAX Kodiak Pool Facility Project Number 3005/1.2.3 June 7, 2006 rshsan Mughal 1 -IMS Inc. 4103 Minnesota Drive Anchorage, AK 99503 RE: Kodiak Pool Facility Dear Ehsan: FAX NO. 5620420 Thank you for your assistanoe and efforts in the development of the Schematic Design for the Kodiak Pool. As you recall, we have only been authorized to proceed on this project through Schematic Design, which is now complete. The current estimate exceeds the program budget. The Kodiak Island Borough Is reviewing their options for additional funding so I believe we may be on hold for awhile prior to proceeding with Design Development. In the interim I realize 1 have not yet developed a sub - consultant contract with you. 1 will do so if and when the project proceeds. Please accept this letter as your authorization for the Schematic Design and acceptance of your fee proposal for the entire design and C.A. scope of work for the entire pmjoct as has been previously accepted by the KI[3 (sec below). I acknowledge that if the scope 02 work changes as a result of current deliberations by KIB, we may need to re -visit the fees. Again, thank you for your participation to date. I believe the KIS Architectural Review Board is appreciative of our efforts and want to see this project move forward. For this scope of work, l IMS's budget is as follows: t,d1 -04 ' C41 11 • 2z to L., , •'s S ` o /. 4,236 Wr:�' 5,355 A =% 6.364 f- G .3 (J $15,955 r For work under this project please reference ECT /flyer, Inc. job number 3005. - 11: 7 Please sign both copies of this letter, retain one for your files, and return the other one to uS. Schematic Design -. Lump Sum Design Development — bump Sum' Construction Documents Lump Sum Total Sincerely, Accepted by, ECl/Hyer, Inc. HMS Terry 5" Jyer, ATA E isan, Mughal 44. bate 6 y Avre' IJ008 P. 01 Sharon Lea Adinolfi From: Sharon Lea Adinolfi t: Thursday, March 01, 2007 4:07 PM lo: 'Brent Watkins'; Bud Cassidy; 'Charlie Jerling'; 'Gregg Hacker'; 'Jay Johnston'; 'Jerrol Friend'; Ken Smith; Rick Gifford; 'Scott Arndt'; 'Tuck' Subject: Cost Increase New Pool Attachments: Contract Tracking: Recipient Delivery Read 'Brent Watkins' Bud Cassidy Delivered: 3/1/2007 4:07 PM Read: 3/1/2007 4:21 PM 'Charlie Jerling' 'Gregg Hacker' 'Jay Johnston' 'Jerrol Friend' Ken Smith Delivered: 3/1/2007 4:07 PM Read: 3/2/2007 8:12 AM Rick Gifford Delivered: 3/1/2007 4:07 PM Read: 3/1/2007 4:37 PM 'Scott Arndt' 'Tuck' From: Terry K. Hyer [mailto:thyer ©ecihyer.com] Sent: Wednesday, February 28, 2007 5:45 PM To: Bud Cassidy; Ken Smith S - lct: Corrected memo for the contract request Bud and Ken, As we discussed last week, I made a math error in the memo I sent you on February 22. Therefore, the following is a repeat of that memo with the two strategies listed and the corrected numbers which are consistent with our request letter of last November. Two items which were discussed at the ARB meeting and affect our scope are not included in this summary and we await your direction whether to provide those services. We would appreciate your decision soon, as it could cause some re -work if late in coming. The two items are: 1. Provide the design services of an acoustician for refinement of sound /noise considerations in the Natatorium. This would cost $8,700. 2. Provide design services to extend and re- design the access drive from the parking lot to Mill Bay road. We need more definitive direction in order to estimate the fee adjustment. Again, our explanations for fairly simplified approaches to the request for additional design services are: CHANGE IN SCOPE The original construction budget was $4,900,000. We all discussed the situation prior to starting schematic design and concluded mutually that we could not deliver the written program within that budget. The apparent options were to design a project strictly within that budget (compromising the program and quality) or design to the program. Our authorization was to proceed with the later but only through schematic design so we would all have the benefit of a more detailed cost estimate of what the desired project would cost. After some post schematic adjustments the cost estimate came in at $11,213,216. Inflation in the construction industry hit this project very hard. There are a variety of opinions out there but we discussed that it may rar'o from 25% to 35% over the last couple years. This means that the cost of materials and labor for this project has likely it sed $4,900,000 x 35% = $1,715,000. Put another way We should expect to pay $6,615,000 today for the same building we would have paid $4,900,000 two years ago. This was the basis of our original contract. But our Schematic Design estimate for the building that meets the program was $11,213,216. This translates that we are undertaking a design effort for about $4,598,216 more scope than was originally bargained For. It is this additional scope for which we are requesting additional funds. I believe this is physically demonstrated by the shear 3/19/2007 Page 1 of 2 magnitude of the Design Development documents we recently submitted. DEED GUIDELINES Another way to determine generally what a reasonable design fee should be is to compare the actual with the DEED guidelines. ' believe your total pool project has a project budget of $14,211,630. This is broken down in components to enable the KIB to financially manage this project. Of particular relevance to our working relationship are the construction budget, design fee, construction phase fee, equipment budget and project contingency. Following is a comparison chart of the recommended DEED Guidelines and our total fee request including the increase. Item DEED Recommendation Design Team Request Construction Budget $11,213,216 ( S.D.) $11,131,675 ( D.D. ) Design Fee $1,059,649 (9.45 %) $629,847 (5.6 %) Construction Phase $224,264 (2 %) $253,150 (2.25 %) Design /Construction Phase Expenses $0 $48,110 Equipment $343,124 Contingency $560,661 $990,463 (DEED plus A/E Differential from above) I hope this provides some clarity to the issue at hand. Please call if you have any questions. Terry Terry K. Hyer, AIA Principal ECl/Hyer Architecture & Interiors 101 W. Benson Blvd., Suite 306 Anchorage, AK 99503 907.561.5543 t 1 907.562.3213 f www.ecihyer,com 3/19/2007 Page 2 of 2 HYER ARCHITECTURE PLANNING INTERIORS DEVELOPMENT 101 WEST BENSON SUITE 306 ANCHORAGE, AK 99503 (907) 561 -5543 (907) 562 - 3213 -FAX Kodiak Pool Project Number 3005/2.1.1 March 6, 2007 Ken Smith Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: ARB Action Items Dear Ken: During the course of the ARB presentation of 65% design for the pool, several items were discussed that affect the design as we finalize the , documents. Several of these did not reach conclusion that might or require further clarification or I would just like confirmation. The outstanding issues are: 1. Replace the gabion retaining wall at the south side of the project with a concrete retaining wall. (This will increase the cost of construction.) 2. Provide an earthen ramp adjacent to the retaining wall approximately 10' in width from the alley up to the Voc. Ed. level. (increase to construction cost) 3. Regrade the alley area to drain to the existing catch basin. (increase to construction cost) 4. Extend DDC and data/communication lines from the new pool to the high school. (increase to construction cost) 5. Reduce the landscaping planters at the entry plaza by approximately 50 %. 6. Delete all trees between the pool parking lot and the Voc. Ed. building. Install a new fence and provide a gate to secure Voc. Ed. yard. 7. Consider a deep crawl space under the lobby area in lieu of concrete slab on grade. (increase to construction cost) 8. Consider re- designing entry drive to extend further along Mill Bay with a more perpendicular intersection than currently exists. (This will increase design & construction cost.) 9. Consider adding an acoustician to the design team. (This will increase design cost by $8,700.) Ken Smith March 6, 2007 Page 2 These are the items from the meeting I noted that may affect scope and budget. Please let me know if there are others. Currently our estimate is very close to the budget and if we include all of these items the project will exceed the stated budget. Consequently we request your specific direction on each of these items. Several of these are integral with our on -going design efforts; therefore we request your direction by March 12, 2007. Please give Jae or me a call if further discussion on any item is necessary. Sincerely, ECl/Hyer, Inc. Terry K. Hyer, AIA TH /snf Task Original Contract Proposed Increase Proposed New Contract ECI /Hyer AMC HMS Total Inc Total % Chg Schematic Design 111936 0 111936 0% Design Development 121350 38230 21505 616 60351 181701 50% Construction Docs 228604 36890 43585 731 81206 309810 36% Bid Phase 25020 1380 1380 26400 6% Design subtotal $ 486,910 $ 75,120 $ 66,470 $ 1,347 $ 142,937 $ 629,847 29% Construction Admin 155904 50041 18055 68096 224000 44% Additional Site Visits 7280 9775 17055 17055 Commissioning 6000 6095 6095 12095 102% CA subtotal $161,904 $ 63,416 $ 27,830 $ - $ 91,246 $ 253,150 56% Total A/E Fee $ 648,814 $138,536 $ 94,300 $ 1,347 $ 234,183 $ 882,997 36% Reimbursible Exp 38510 6600 3000 9600 48110 25% Total $ 687,324 $145,136 $ 97,300 $ 1,347 $ 243,783 $ 931,107 35% Additional Services Lengthen Driveway Accoustical Design 8700 8700 8700 Add Access Ramp Chg Gabion to Ret Wall Add Sery Subtotal $ 8,700 $ - $ - 1 $ 8,700 _ $ 8,700 ECI /HYER Proposed Fee Increase 65% DD Submittal (Total 1 $153,836 $ 97,300 $ 1,347 $ 252,483 1 $ 939,807 Note: All Changes can be assumed to be interpreted by the A/E Team as "Additional Services" or "Scope Creep ", From: Brian Meissner [mailto:bmeissner @ecihyer.com] Sent: Wednesday, March 21, 2007 5:38 PM To: Ken Smith Cc: Terry K. Hyer Subject: Equitable Adjustment Ken, Thank you for calling yesterday to share the outcome of the ARB's deliberations over our request for equitable adjustment. We appreciate the time that everyone devoted to these deliberations and we appreciate the emotions involved. We understand that the ARB has proposed an equitable adjustment as follows: Fees for bid phase, site visits, commissioning, and reimbursables are accepted as proposed for a total increase of $34,130. Fees for design development, construction documents, and construction administration are to be increased by 22.222% in recognition of the increase in area of the building from 18,000 sf to 22,000 sf. This results in a combined adjustment of $112,413 for these three categories. The total proposed increase in the contract is $146,543. This amounts to approximately 60% of the increase we had requested. Since yesterday I've been in extensive discussions with our subconsultants. A couple of hours ago Terry sent an email asking how things were going. I replied with an email sharing the adjustment proposed by the ARB, but haven't heard back from Terry yet. At this point we're unable to provide a response to the offer on the table. The impacts of our decision could be far reaching, therefore, I would like to converse with Terry before providing a formal response. We'll endeavor to get you a response as soon as we've reviewed all of our options. Thank you, HYER Kodiak Pool Project Number 3005/1.1.1 March 23. 2007 Ken Smith Kodiak Island Borough 710 Mill Bay Road Kodiak. Alaska 99615 RE: Request for equitable adjustment Dear Ken: 1 am writing to inform you of a potential impact to the design schedule. You've probably heard from Bud Cassidy that he and Terry Hyer had a telephone conversation yesterday regarding our request for equitable adjustment. During that conversation Terry made it known that ECI /Hyer, Inc. does not accept the Architectural Review Board's counter - offer. We are confirming our rejection of the counter - offer by way of this letter. Additionally, we have just received formal notice from AMC Engineers that they intend to stop work on the project until an equitable adjustment can be negotiated. In their letter to us, AMC states that they are withdrawing their previous request for additional compensation. This situation is expected to impact the design schedule. The magnitude of the impact is unknown at this time. ECl/Hyer. Inc. must let you know that we are withdrawing our previous request for equitable adjustment. We are disappointed that our good faith request was rejected. For the time being the remainder of the design team will continue to move forward with construction documents for the pool building. It is our hope that we can continue to work with the Borough in good faith to come up with an equitable solution. Best regards. ECI /Hyer. Inc. A o 4 p „ ^ ; 4 0 4 , 0 1 / 1 " , sner, AIA