2013-086 AMS - Perkin + Will Architects for Design and Engineering Services for Historic Rogers Rd Community Center

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(d) Standard of Care Nothing contained in this Agreement shall require the Architect to exercise professional skill and iud ent greater than that set forth in Section 2.2 hereof(the "Standard of Care"), This limitation shall not be modified by any certification or representation made by Architect as an accommodation upon request of Owner. Architect shall not be responsible for any failure to follow or apply any knowledge or techniques which were not generally known, acknowledged or accepted as of the time during which Architect is performing his services under this Agreement. The parties acknowledge that no set of plans and specifications is entirely free of errors and omissions and that the existence of an error or omission does not automatically constitute a breach of the Standard of Care. All costs of architectural errors,omissions or other changes which result in "betterment"or"value added"to the Owner shall be borne by the Owner,not the Architect,(to the extent of the betterment or value added)and shall not be the basis of a claim. The Owner shall establish a reasonable contingency line item in the construction budget to cover additional costs resulting from errors and omissions and the Architect shall not be liable therefor unless the errors and omissions both exceed a reasonable contingency amount and constitute a breach of the Standard of Care. (e) Payment Disputes Within the time for payment to become due,Owner shall examine the invoice in detail to determine its accuracy and completeness. Owner shall raise any questions or objections which it may have regarding the format of or information on the invoice within this period and will pay any undisputed amounts. After such period,Owner waives any question or obiection to the format of or information on the invoice not previously raised. The Architect shall be entitled to recover all costs,including attorneys' fees,incurred in enforcing any provisions of this Agreement. In the event that the Owner fails to make payment when due, or if the Owner and Architect disagree as to whether the Owner has improperly failed to make a payment,the Architect shall be entitled to suspend performing services under the contract until either the dispute has been resolved or else the Owner places a sum equal to the amount in dispute in an escrow account,reasonably satisfactory to both parties,which specifies that the escrow agent shall distribute the escrow sum between the parties in accordance with any agreement, arbitration award or court iudgment entered resolving the dispute. (f) Job Site Safety Notwithstanding any contrary or potentially ambiguous description of Architect services, it is intended that the Architect shall have no responsibility for iob site safety on the Project. The Contractor and Subcontractors shall have full and sole authority for all safety pro programs and precautions and the means,methods,techniques, sequences and procedures in connection with the Work. When Architect is present at the site,such presence shall be only for the purpose of endeavoring to protect the Owner against any deviations or defects in the completed construction Work and Architect shall have no authority to take any action whatsoever on the site regarding safety precautions or procedures No provision ofthis Agreement shall be interpreted to confer upon the Architect any duty owed under the common law, under OSHA or any other statute or regulation to construction workers or any other party regarding safety or the prevention of accidents at the iobsite. (a) Design Build Subcontractors and Construction Performed by Tenants If the mechanical electrical plumbing and fire protection("MEP/FP") systems are being procured through Design-Build subcontractors the Architect shall coordinate the architectural documents with the documents provided by the MEP/FP Design-Build subcontractors Under Basic Services, such coordination shall consist of providing architectural backgrounds to the MEP/FP engineer for his use reviewing the drawings provided by the MEP/FP _Design-Build subcontractors for potential conflicts with base building architectural and/or structural elements, modifying base building architectural and structural elements as required to accommodate MEP/FP elements,where appropriate and/or alerting the MEP/FP engineers or subcontractors to conflicts to be coordinated through modification of the MEP/FP design. Such coordination shall not include directing the MEP/FP Design-Build subcontractors peer-reviewing their work nor any responsibility for their performance of their services. If the building involves construction being performed by tenants Architect shall coordinate the core and shell architectural components of their documents with the tenants' construction documents to the extent that the tenants' documents interface with the core and shell architectural components or impact the structure. Under Basic Services, such coordination shall consist of providing architectural backgrounds to the tenants' architect/engineer for his use, Additions and Deletions Report for AIA Document 8106T —2010(rev.10/2010).Copyright C 2010 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 8 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 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12/31/2013,and is not for resale. User Notes: (724650291)