HomeMy WebLinkAboutAgreements/Contracts - Central ServicesK20-129
-Oln--AIA Document B203 — 2017
Standard Form of Architect's Services: Site Evaluation and Project Feasibility
for the following PROJECT:
(Name and location or address)
Site Evaluations for proposed New Grant County Jail
Ephrata, Washington
THE OWNER:
(Name, legal status and address)
Grant County Board of County Commissioners
P. O. Box 37 -- 35 C StreetNW
Ephrata,Washington 98823
THE ARCHITECT:
(Name, legal status and address)
Clemons, Rutherford & Associates, Inc.
2027 Thomasville Road
Tallahassee, Florida 32308
850-385-6153
THE AGREEMENT
This Standard Form of Architect's Services is part of the accompanying Owner -Architect
Agreement (hereinafter, together referred to as the Agreement) dated the day of in the
year Twenty -Twenty. .
(In words, indicate day, month and year.)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 SITE EVALUATION AND PROJECT FEASIBILITY SERVICES
3 ADDITIONAL SERVICES
4 OWNER'S RESPONSIBILITIES
5 COMPENSATION
6 SPECIAL TERMS AND CONDITIONS
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.
This document provides the
Architect's scope of services only
and must be used with an
Owner -Architect agreement. It may
be attached as an exhibit to AIA
Document B1021-2017, Standard
Form of Agreement Between Owner
and Architect without a Predefined
Scope of Architect's Services or used
with AIA Document G802111-2017,
Amendment to the Professional
Services Agreement, to create a
modification to any Owner -Architect
agreement.
Init. AIIA Document B203'" —2017. Copyright @ 2005, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,"
"AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA
software at 10:52:45 ET on 07/3012020 under Order No.7817167288 which expires on 07105/2021, Is not for resale, Is licensed for one-time use only, and may only
I be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
User Notes: (860058700)
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ARTICLE 1 INITIAL INFORMATION
§ 1.1 The,Architect's services are based on the Initial Information set forth in this Article
(For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of
execution.'9
§ 1.1.1 Site(s) to be evaluated:
(Identify the site or sites to be evaluated by the Architect and existing buildings that are apart of the evaluation)
Site 1:
Evaluating parcel numbers 130527000, 130502000, 140963000, 140962000,140964000, consisting of the larger area
known as Parking lot "D" behind the current Grant County Jail, Ancillary parcels that should be included would be
130788000, 130787000, 140952000, 140909000, 140908000. These parcels are known as Parking lots "E" & IT".
Site 2:
Evaluating parcel #140645202 and surrounding parcels not currently owned by Grant County. These parcels would
need to be purchased if designs are to exceed the currently owned parcel.
§ 1.1.2 The Owner's Development Objectives:
(Identify the Owner'sprogram for the Project or otherwise state the Owner's Development Objectives for the Project
in terms of space requirements, anticipated structures, site features, sustainable objectives, and other relevant
information)
Grant County's objective is to build a new jail, with a number of beds commensurate to standard forecasted
computations such as those based on historical incarceration averages, local population, neighboring counties
requirements, male/female/transgender incarceration rates or needs, mental health/drug considerations, etc. Grant
County does not wish to build a jail that requires additional beds within 20 years. Grant County would like evaluations
completed on the parcels listed in Article 1 Section l A A .
The evaluations should include forecasted costs for operations, maintenance and logistics for each site for comparative
purposes. Site evaluations shall have conceptualized drawings for the proposed buildings on either site. Architect will
be responsible for interviewing the various Elected Officials that will be impacted by the new jail regardless of
location and apply to the best of the firm's ability those considerations in their design. Architect shall be readily
engaged with the Central Services Director throughout the site selection process.
Architect will provide a presentation either in person or through a virtual means to the Grant County Law and Justice
Committee for consideration, discussion, and amendments as needed.
All of the noted objectives above should be included within the site evaluation and feasibility report listed in Article 2
Section 2.5.
§ 1.1.3 The Architect shall retain the following consultants:
(List name, discipline, address, and other information)
Civil Engineer - Great West Engineering
Aviation Planners - Century West Engineering
§ 1.1.4 Other Initial Information on which the Architect's services are based:
(List below other information that will affect the Architect's performance, such as the Owner's contractors and
consultants, existing entitlements for land use or construction, existing encumbrances to land use, the Owner's budget
for the Project, authorized representatives, and Owner confidentiality requirements)
Not applicable
§ 1.1.5 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial
Information may materially change, and in that event, the Owner and the Architect shall appropriately adjust the
Architect's services, schedule for the Architect's services, and the Architect's compensation.
AIA Document 9203" —2017. Copyright ® 2005, 2007 and 2017 by The American Institute of Architects. All rights reserved. The'Amedcan Institute of Architects,"
{nit.
"AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 2
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t be used In accordance with the AIA Contract Documents* Term of Service. To report copyright violations, e-mail copyright®ala.org. (860058700)
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ARTICLE 2 SITE EVALUATION AND PROJECT FEASIBILITY SERVICES
§ 2.1 The Architect shall manage the Site Evaluation and Project Feasibility Services, research applicable design
criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner,
§ 2.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and
timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall
provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in
such services or information.
§ 2.3 'The Architect shall prepare, and periodically update, a schedule of Site Evaluation and Project Feasibility
Services that identifies milestone dates for decisions required of the Owner, services furnished by the Architect, and
completion of documentation to be provided by the Architect. The Architect shall coordinate the schedule of Site
Evaluation and Project Feasibility Services with the Owner's Project schedule.
§ 2.4 The Architect shall submit documents regarding the Site Evaluation and Project Feasibility Services to the
Owner at appropriate intervals for purposes of evaluation and approval by the Owner. The Architect shall be entitled
to rely on approvals received from the Owner to complete the Site Evaluation and Project Feasibility Services.
§ 2.5 The Architect shall prepare a site evaluation and feasibility report based on the Architect's services selected in
Section 2.6. The report may incorporate written or graphic materials, and shall include:
.1 an executive summary,
.2 the Owner's Development Objectives,
.3 relevant facts upon which the report is based,
.4 comparisons regarding multiple sites, if selected,
.5 conclusions and recommendations, and
.6 other:
§ 2.6 The Architect shall provide the listed Site Evaluation and Project Feasibility Services only if specifically
designated below as the Architect's responsibility. Unless otherwise specifically addressed in the Agreement, if
neither the Owner nor the Architect is designated, the parties agree that the listed Site Evaluation and Project
Feasibility Service is not being provided.
(Designate the Architect's Site Evaluation and Project Feasibility Services and the Owner's Site Evaluation: and
Project Feasibility Services required for the Project by indicating whether the Architect or Owner shall be responsible
forproviding the identified Site Evaluation and Project Feasibility Service.)
Services
Responsibility
(Architect, Owner or Not Provided)
§ 2.6.1
Preliminary assessment of Owner's
Development Objectives
Architect
§ 2.6.2
Site evaluation
Architect
§ 2.6.3
Identification of environmental requirements
Architect
§ 2.6.4
Site context description
Architect
§ 2.6.5
Cultural factor assessment
§ 2.6.6
Historic resource inventory
§ 2.6.7
Building evaluation
§ 2.6,8
Conceptual massing drawings
Architect
§ 2.6.9
Estimate of the cost of the Work
Architect
§ 2,6.10
Public hearings and meetings
Architect
§ 2.6.11
Other Site Evaluation and Project Feasibility
Services
Inst, AIA Document 8203" -- 2017. Copyright @ 2005, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,"
"AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permisslon. This document was produced by AIA 3
software at 10:52:45 ET on 07/3012020 under Order No.7817167288 which expires on 0 710 5/2 0 2 1, is not for resale, is licensed for one-time use only, and may only
1 be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mall copyright@aia.org.
User Notes: (860058700)
§ 2.7 Description of Services
A brief description of each Site Evaluation and Project Feasibility Service is provided below.
(If necessary, attach as an exhibit, orprovide in Section 2.7, expanded or modified descriptions of the Site Evaluation and
Project Feasibility Services listed below.)
§ 2.7.1 Preliminary Assessment of Owner's Development Objectives. Provide a preliminary assessment of the Owner's
Development Objectives and identify constraints and opportunities that will impact them.
§ 2.7.2 Site Evaluation. Evaluate the site by, as applicable: (1) performing on-site observations; (2) assessing the physical
characteristics of the site; (3) assessing codes, ordinances, and regulations that impact the Owner's Development
Objectives; (4) assessing utilities available to the site; and (5) assessing the access, circulation, and parking for the site.
The Architect shall make recommendations to the Owner based on its site evaluation.
§ 2.7.3 Identification of Environmental Requirements. Identify environmental requirements that may apply to the
Owner's Development Objectives for the site, such as the need for environmental impact statements, assessments,
documentation, testing, or monitoring.
§ 2.7.4 Site Context Description. Describe the physical characteristics and context of areas immediately surrounding the
site, including existing land uses, proposed development, and public transportation. The Architect shall also describe land
use patterns, trends, or potential uses of areas immediately surrounding the site and assess the impact of the Owner's
Development Objectives on the surrounding sites and community.
(Paragraphs deleted)
§ 2.7.8 Conceptual Drawings. Prepare conceptual development drawings based on the Owner's Development Objectives.
The drawings may show, as the Architect deems appropriate, land use, building placement, access and circulation of
vehicles and pedestrians, parking, utilities, site drainage, landscaping, and development phasing.
§ 2.7.9 Estimate of the Cost of the Work. Based on the Conceptual Drawings and other services provided, prepare an
estimate of the cost of the work for the development of the site.
§ 2.7.10 Public Meetings and Hearings. Attend public hearings and citizen information meetings as required to perform
the services or as requested by the Owner. Prepare presentation materials as necessary for such public meetings and
hearings. Attend up to three (3) one day on-site Owner Review and/or Public Meetings.
§ 2.7.11 Other Site Evaluation and Project Feasibility Services Identified in Section 2.6.11:
(Describe the Site Evaluation and Project Feasibility Services, if any, identified in Section 2.6.11)
ARTICLE 3 ADDITIONAL SERVICES
§ 3.1 Additional Services may be provided after execution of the Agreement, without invalidating the Agreement. Except
for services required due to the fault of the Architect, any Additional Services provided in accordance with this Article
shall entitle the Architect to compensation pursuant to Section 5.2 and an appropriate adjustment in the Architect's
schedule.
§ 3.2 The Architect shall provide Site Evaluation and Project Feasibility Services exceeding the limits set forth below as
Additional Services. When the limits below are reached, the Architect shall notify the Owner:
.1 Three ( 3 ) in person meetings with the Owner or the Owner's consultants
.2 Three { 3 ) visits to the site by the Architect
.3 One (1 ) preparation for, and attendance at, public hearings and meetings
Three (3) trips are included in Scope/Fees. Each trip may include one or more of the tasks in 3.2, but no more
Three (3) trips for one day each is included.
ARTICLE 4 OWNER'S RESPONSIBILITIES
§ 4.1 The Owner shall provide the Architect with information necessary to perform the Site Evaluation and Project
Feasibility Services, which may include a program or other Owner -provided information regarding the development
objectives for the Project. If necessary, the Owner shall provide the services of a surveyor, geotechnical engineer, or
environmental consultant.
Inst AIA Document13203 — 2017. Copyright ® 2005, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,"
"AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 4
resole, Is
censed for
software at 10:52:45 ET on 07/30/2020 under order No.7e817167288 which expires on 07105/2021,hiol not
for
copiyright@aia,org. one-time use only, and may only
I be used in accordance with the AIA Contract Documents Terms of Service. To report copy rig (860058700)
User Notes:
§ 4.2 The Owner shall provide the Architect with any available previous studies, data, reports, surveys, or other
documents which have a direct bearing on the Site Evaluation and Project Feasibility Services.
§ 4.3 The Owner shall provide access to the property and buildings as necessary for the Architect to complete the Site
Evaluation and Project Feasibility Services.
ARTICLE 5 COMPENSATION
§ 5.1 If not otherwise specifically addressed in the Agreement, the Owner shall compensate the Architect for the Site
Evaluation and Project Feasibility Services described in Article 2 as follows:
(Insert amount of, or basis for, compensation.)
(Hourly per Exhibit 'B; Plus Expenses) Not to Exceed $40,000 without prior Authorization from the Owner. Consultant
Fees will be billed at Cost to CRA Plus twelve percent (12%).
§ 5.2 For Additional Services that may arise during the course of the Project, including those under Section 3.2, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation)
Hourly per Exhibit 'B' Plus Costs and Expenses
§ 5.3 Compensation for Additional Services of the Architect's consultants, when not included in Section 5.2, shall be the
amount invoiced to the Architect plus twelve percent ( 12 %), or as otherwise stated below:
ARTICLE 6 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Standard Form of Architect's Services: Site Evaluation and Project
Feasibility are as follows:
§ 6.1 CLAIMS AND DISPUTES
§ 6.1.1 The Olwner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case
not more than 10 years atter the date of Substantial Completion of the Work. The Owner and Architect waive all claims
and causes of action not commenced in accordance with this Section 6.1.1.
§ 6.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each
other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they
may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract
for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and
employees of any of them, similar waivers in favor of the other parties enumerated herein.
§ 6.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
§ 6.2 Mediation
§ 6.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising
out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice
or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 6.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by
mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration
Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A
request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or
entity administering the mediation. The request may be made concurrently with the fling of a complaint or other
appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding
dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,
AIA Document B203' — 2017. Copyright® 2005, 2007 and 2017 by The American Institute of Architects. AN rignts resarvea. i ne funencan insuwie �� —w —.-,
Inst.
"AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 5
software at 10:52:45 ET on 0713012020 under Order No.7817167288 which expires on 0710512021, Is not for resale, Is licensed for one-time use only, and may only
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unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant
to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later
proceedings.
§ 6.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
§ 6.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 6.2, the method of binding dispute
resolution shall be the following:
(Check the appropriate box)
[ ] Arbitration pursuant to Section 8.3 of this Agreement
[ X ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to
a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.
§ 6.4 The provisions of this Article 6 shall survive the termination of this Agreement.
ARTICLE 7 NOT APPLICABLE
ARTICLE 8 NOT APPLICABLE
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of
performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven
days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall
have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before
resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and
resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be
equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,
the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail
substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this
Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination,
Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's
termination of consultant agreements.
Init. AIA Document B203'-2017. Copyright @ 2005, 2007 and 2017 by The American Institute of Archltecls. All rights reserved. The "American Institute of Architects,"
"AIA; the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 6
software at 10:52:45 ET on 07/30/2020 under Order No.7817167288 which expires on 07!0512021, Is not for resale, Is licensed for one-time use only, and may only
t be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mall copyright@ala.org.
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§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience
pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the
Architect the following fees:
(Set forth below the amount of any termination or licensing fee, or the method for determining any termination or
licensing fee)
Termination Fee:
$ 0.00
Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service:
$ 0.00
§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial
Completion.
§ 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of termination of this Agreement are
set forth in Article 7 and Section 9.7.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's
choice of law rules. All litigation shall be in Grant County, Washington.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions
of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives
to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the
other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees
to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the
Owner prior to the assignment.
§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the
Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such
consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at
least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require
knowledge, services, or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a
third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence,
handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the
Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the
Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this
Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4.
§ 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary,"
the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as
set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement.
AIADocument 8203" —2017. Copyright® 2005, 2007 and 2017 by The American Institute of Archftects. All rights reserved. I hmhm
e-Amencen surute or rcteGw.
"AIA9 the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA 7
software at 10:52:45 ET on 07/3012020 under Order No.7817167288 which expires on 07/05/2021, is not for resale, is licensed for one-time use only, and may only
I be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ata.org.
U (880058700)
User Notes:
§ 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the
other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory
legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the
receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees,
consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those
employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set
forth in this Section 10.8.
§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If
it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that
provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement
shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing
the Agreement.
This Agreement entered into as
of the 301a day of July in the year Twenty -Twenty.
CHITECT (Signat e)
_William D. Rutherford, AIA.. President
(Printed name, title and licenses number, if required)
AIA Document13203" — 2017. Copyright ® 2005.2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects;
Init.
"AIA,° the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA 8
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EXHIBIT 'B'
Clemons, Rutherford & Associates
in association with
Brotnov Architecture & Planning
Firm / Billing
2020
Firm / Billing
2020
Principal - CRA
$
195.00
Principal Engineer
$
185.00
Principal - Brotnov
$
70.00
Associate Engineer
$
175.00
Architect & PM
$
175.00
Sr Engineer Manager
$
165.00
Assisting PM
$
135.00
Sr. Project Manager
$
165.00
Project Designer
$
155.00
Project Manager
$
160.00
Interior Designer
$
150.00
Project Engineer
$
150.00
Construction CA
$
70.00 - $135.00
Engineer Designer
$
135.00
Estimator
$
130.00
Intern
$
105.00
Specification Writer
$
115.00
BIM Manager
$
140.00
BIM/31)
$
110.00
Sr BIM Designer
$
125.00
Drafting Sr
$
95.00
BIM Designer
$
110.00
Drafting Jr
$
75.00
BIM Technician
$
105.00
Word Processing
$
75.00
Office/Clerical
$
90.00
Engineer 6
$
179.00
Mechanical Engineers
Principal
- Fire
$
Suppression
250.00
Engineer 5
$
174.00 - $185.00
Mechanical Eng M4
$
180.00
Engineer
$
140.00-$152.00
Mechanical Eng MS
$
170.00
Engineer 3
$
125.00
Mechanical Eng M6
$
160.00
Engineer 2
$
120.00
Mechanical Eng M7
$
150.00
Engineer 1
$
113.00
Mechanical Eng M8
$
140.00
Engineering Tech
$
79.00
CADD / BIM
$
115.00 - 130.00
Sr Hydrogeologist
$
156.00
Support Staff
$
105.00
Sr Tech/planner
$
130.00
Electrical
Engineers
Sr Designer
$
120.00
Principal
$
195.00
Designer
$
107.00
Electrical Engineer
$
135.00
Resident Proj Rep 2
$
125.00
Sr. Technical Designer
$
126.00
Resident Proj Rep 1
$
114.00
Technical Designer
$
112.00
GIS Specialist
$
88.00
Clerical
$
66.00
Ecologist
$
98.00
Project Administrator
$
125.00
Project Coordinator
$
88.00
Project Assistant
$
77.00
Clerical Support
$
65.00