Agenda - Council - 07/22/2014 - Laserfiche WebLink

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Init. month, with a maximum of ( ) visits total, including Substantial Completion and Final Project Review. 12.2 The date of Substantial Completion will be established in the Construction Documents, or will be based on Contractor's initial project schedule. Extended project representation of the Architect due to failure on the part of the General Contractor to meet the identified Substantial Completion date shall be provided as an Additional Service. A cost per week of construction for each additional week required for Contractor to meet Substantial Completion shall be established based on twenty (20%) percent of the Architect's total fee, divided by the total number of weeks originally anticipated for construction based on the Substantial Completion date identified in the Construction Documents. The cost for additional project representation shall be calculated based on the above -calculated cost per week for project representation. 12.3 At the request of the Owner, the Architect shall conduct two (2) inspections after the date of Final Completion: the first at the end of eleven (11) months of occupancy for the purposes of ensuring that the facility is in full compliance with the Construction Documents and to notify the Owner of any unfinished work; and, the second at the end of three (3) years of occupancy for the purposes of determining the facility's overall performance, acceptability of design, and its functional and technical elements. 12.4 Add the following to subparagraph 3.6 Construction Phase - Administration of the Construction Contract. 3.6.4.6 3KV Group will provide site observations on an average of ( 2 ) per month during the construction period. 3.6.4.7 Final punch list items will be prepared by the Contractor. Once this work has been completed by the Contractor, completion of these items shall be confirmed by the Architect in a single site visit. If additional visits are required due to Contractor failure to adequately meet Substantial Completion, additional punch list reviews will be provided as an Additional Service and subtracted from Contractors final pay application. 3.6.4.8 The Owner and Architect shall produce together one punch list. 3.6.4.9 Record drawings are an Additional Service. 12.5 A minimum project contingency of ( 5 ) percent will be part of the Construction phase budget for unforeseen conditions, required modifications to the documents, code interpretations, omissions from bid documents, and Owner -requested changes. 12.6 The Owner agrees to pay Architect for the preparation of all Change Orders and bid alternates and any contingency allocations based on hourly fee arrangement with an estimated maximum. 12.7 If a Change Order or Construction Change Directive is necessary due to an omission, oversight, or other act caused by the Architect or Engineer, the Architect or Engineer shall prepare drawings, specifications and other documents and support data (including evaluating Contractor's proposals) and provide any other design services as may be required in connection with the change in the work at no additional cost to the Order. The Owner shall be responsible for all construction costs associated with the change. The cost of such work is to be deducted from the project contingency. 12.8 The Architect cannot provide certification regarding the presence or lack of presence of hazardous materials within structures or the site. 12.9 Consequential Damages. Notwithstanding any other provision of the Agreement, neither party shall be liable to the other party for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or the Design Professional, their employees, agents, subconsultants or subcontractors. Consequential damages included, but are not limited to, loss of use and loss of profit. 12.10 Standard of Care. Services provided by the Design Professional under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 12.11 Architect's hourly billing rates for each discipline may change effective January 1st of each year that work is performed under this contract. This increase in hourly billing rates will not affect Architect's compensation for Basic AIA Document B101'u — 2007 (formerly 13151 TM' -1997). Copyright Ct 1974, 1978, 1987,1997 and 2007 by The American Institute of Architects. Alt 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. 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