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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§ 12.2 If due to Architect's breach of the standard of care,any required item or component of the Project is omitted from the Architect's Construction Documents,Architect shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the Project or otherwise adds value or betterment to the Project. In no event will Architect be responsible for any cost or expense that provides betterment,upgrade or enhancement to the Project. § 12.3 The Owner shall make no claim for professional negligence,either directly or in a third party claim,against Architect unless the Owner has first provided Architect with a written certification executed by an independent design professional currently practicing in the discipline of the alleged defective design and licensed in the jurisdiction of the Project. This certification shall:(a)contain the name and license number of the certifier;(b)specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing the allegedly defective professional services under similar circumstances;and(c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. § 12A The Instruments of Service are based on observable conditions. A condition is hidden if concealed by existing finishes or if it cannot be investigated by reasonable visual observation. In the event the Architect,in the performance of its services,uncovers a hidden condition,the Architect shall not be responsible for costs associated with repairing, restoring,removing or otherwise correcting hidden conditions once those conditions are revealed. The Architect shall have no responsibility for detecting hidden conditions or any subsequent damage to persons or property related to any hidden conditions. § 12.5 Owner acknowledges that there may be hidden conditions that are concealed by existing fmishes or not susceptible to reasonable visual observation.If such a hidden condition requires a change in the design or construction work,the costs of such a change are solely Owner's,and Architect shall have no responsibility for any resulting costs or damages. If Architect's services include the design of repairs based on a review of existing conditions of the building,Owner acknowledges that Architect is working from imperfect information,and Architect does not warrant that he will have seen and designed repairs for every defective condition. § 12.6 The use of the word"certify," or"certification"or similar words by Architect in performance of its services constitutes an expression of professional opinion regarding those facts or findings which are the subject of the 5l;ttt:rm,ni,and does not constitute a warranty or guarantee,either expressed or implied. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101Tm-2017,Standard Form Agreement Between Owner and Architect .2 AIA Document E203T"-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement) [N/A ]AIA Document E204Tm-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204.2017 incorporated into this agreement) [X ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement,including any exhibits AIA Document 8101"—2017.Copyright®1974,1978,1987,1997,2007 and 2077 by The American Institute of Architects.All rights reserved.The"American Institute o`Armfidocts,'`AIA,"the AIA Logo and`AIA Contract Documents`are registered trademarks and may not be used without permission This document was 24 produced by AIA software at 14:3609 E7 an 0411 4/2021 under Order No.2035534887 which expires on 0411012022,is not for resale,is licensed for one time use t 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)