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

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reviewing the drawings provided by the tenants' architect/engineer for potential conflicts with base building architectural and/or structural elements modifying base building architectural and structural elements as required to accommodate tenant improvement elements where appropriate and/or alerting the tenants' architect/engineer to conflicts to be coordinated through the modification of the tenant improvement design Such coordination shall not include directing the tenants' architect/engineer(s) peer-reviewing their work nor any responsibility for their performance of their services. (h) Code Compliance The Architect shall conform the Drawings and Specifications with the professional standard of care relative to applicable federal, state and local laws statutes ordinances rules regulations orders or other legal requirements including but not limited to all zoning building occupancy, environmental and land use laws requirements regulations and ordinances relating to the construction use and occupancy of the Proiect(collectively"Governmental Requirements") existing on the date of this Agreement However, the Owner recognizes that interpretations by government officials("Code Authority")are often subject to change even after issuance of a building permit If after award of a building permit,modifications to the Drawings and Specifications are required because of an interpretation by the Code Authority which had not been previously given or which if given was different than a prior interpretation b y the Code Authority, Architect shall make the required modifications but the cost of such modifications shall be considered an Additional Service. Nothing contained herein shall relieve the Architect of its obligations to modify at its own expense Plans and Specifications which the Architect has negligently failed to prepare in compliance with the applicable Government Requirements. 0) Electronic Documents The Owner recognizes that data plans specifications reports documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration either intentional or unintentional due to among_ other causes transmission conversion media degradation software error,or human alteration Accordingly,the electronic documents provided to the Owner are for informational purposes only and are not intended as an end-product. The Architect makes no warranties either expressed or implied regarding the fitness or suitability of the electronic documents Accordingly,the Owner agrees to waive any and all claims against the Architect and the Architect's consultants relating in any way to the unauthorized use reuse or alteration of the electronic documents (i) Hazardous Materials Unless otherwise disclosed and arranged for disposal Owner represents to Architect that to the best of Owner's knowledge and belief no hazardous or toxic substances within the meaning of any applicable statute or regulation are presently stored,or otherwise located on the Project site or adjacent thereto. Further,within the definition of such statutes or regulations,no part of the Project site including the ground water located thereon is presently contaminated with such substances. (k) Communication The Architect may communicate through any reasonable means,and conduct meetings using any reasonable means including electronically or telgphonically.The Owner shall cooperate with the Architect to ensure that any and all persons or data designated as necessary or appropriate to the performance of Services are available to the Architect at such times as reasonably requested by the Architect. The Owner specifically understands that the Architect may be required to perform the Services at times outside of normal business hours,and on weekends and that the Owner,its officers,employees,agents or representatives or others reasonably able to be controlled by the Owner may need to be available to the Architect at such times. (1) Owner Desi¢nation of Design If the Owner requires that any assembly,system,product,or design be included in the Project notwithstanding the express contrary recommendation of the Architect in writing,or if the Owner selects a contractor,subcontractor or material fabricator notwithstanding the express contrary recommendation of the Architect in writing,the Architect shall have no responsibility for such decision by the Owner or performance of such Owner-required or selected persons,entities,items,or designs,nor shall the Architect be required to issue any opinion or certificate with respect to Additions and Deletions Report for AIA Document B106TM—2010(rev.10/2010).Copyright®2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 9 this Me 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. 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