R2021-65 Resolution Authorizing City Manager to Enter into a Professional Services Agreement with Dewberry Architects, Inc. for Design, Bidding, and Construction Oversight Services for New Fire Station No. 7

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§ 5.10 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. The Owner shall provide the Architect with a copy of any agreement between the Owner and the Owner's representative regarding the Project. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner or,to the extent that the Project is not completed,the estimated cost to the Owner, to construct all elements of the Project designed or specified by the Architect and shall include contractors'general conditions costs,overhead and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in initial Information,and shall be adjusted throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of the Work, and 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.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials,or equipment;the Contractor's methods of determining bid prices;or competitive bidding,market,or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work,or from any estimate of the Cost of the Work,or evaluation,prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of 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 recommend reasonable adjustments in the program and scope of the Project;and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques.If the Owner requires a detailed estimate of the Cost of the Work,the Architect shall provide such an estimate,if identified as the Architect's responsibility in Section 4.1.1,as a Supplemental Service, Architect's opinions and estimates of probable total Project costs,construction costs,and/or material quantities,if any, provided under this Agreement are made on the basis of Architect's knowledge,experience and qualifications and represent Architect's judgment as an experienced professional architect,and not as a construction contractor,and are provided not a part of Architect's services or as a deliverable,but are provided for information only and without assuming any additional liability,and Architect does not warrant,guarantee,or represent,that proposals,bids, negotiated prices,or actual total Project costs or total construction costs will not vary from the opinions provided by Architect. Accordingly,Architect shall only be liable for construction costs in excess of the prime contract amount,to the extent that such excess is proximately caused by a negligent error or omission of Architect in performing the services required by this Agreement. Mlk AIA Document 12111011'-20117.Copyright®1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.I he'Amer•can Institute of Architects,''AIA,'the AIA Logo,and`AIA Contract DOCllment5 are registered trademarks and may not be used without permission.This document was 16 produced by AIA software at 14:38:09 ET on 04/14/2021 under Order No.2035534887 which expires on 0411012022,is not for resale,is licensed for one-lime use / only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1749244472)