AIA Document B141/CMa - Electronic Format Standard Form of Agreement Between Owner and Architect

 

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                                                                   EXHIBIT 10.24

 

                    AIA Document B141/CMa - Electronic Format

 

                       Standard Form of Agreement Between

                               Owner and Architect

 

               Where the Construction Manager is NOT a Constructor

 

                   1992 CONSTRUCTION MANAGER - ADVISER EDITION

 

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS

ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF

THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.

 

This document is intended to be used in conjunction with the 1992 editions of

AIA Documents B801/CMa, A101/CMa and A201/CMa.

 

Copyright 1975,1980, (C) 1992 by The American Institute of Architects, 1735 New

York Avenue, N. W. Washington, D.C. 20006-5292. Reproduction of the material

herein or substantial quotation of its provisions without the written permission

of the AIA violates the copyright laws of the United States and will subject the

violator to legal prosecution.

 

AGREEMENT

made as of the 15th day of January in the year of 2003

(In words, indicate day, month and year.)

 

BETWEEN the Owner:

(Name and address)

Advanced Neuromodulation Systems

6501 Windcrest, Suite 100

Plano, TX 75024

ATTN: MR. MYRON ALBERT

 

and the Architect:

(Name and address)

Good Fulton & Farrell Architects

2808 Fairmount, Suite 300

Dallas, TX 75201

ATTN: JOSEPH J. PATTI

 

for the following Project:

(Include detailed description of Project, location, address and scope.)

 

A two-story building of approximately 143,500 S.F. as defined in the Project

Definition Requirements - Final Report dated 12.26.02, and incorporated herein

by reference, located on Lot 2 EDS Lakes Addition Block B, a 15.413-acre (10.00

acre net) tract, Plano, Texas.

 

The Construction Manager is:

(Name and address)

Koll Development Company

8411 Preston Rd., Suite 700

Dallas, Texas 75225

ATTN: MIKE ROSAMOND

 

The Owner and Architect agree as set forth below.

 

          TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT

 

                                    ARTICLE 1

                          ARCHITECT'S RESPONSIBILITIES

 

1.1      ARCHITECT'S SERVICES

 

(C) 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.

WASHINGTON, D.C. 200016-5292. AIA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT

- CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA(R) - WARNING:

Unlicensed photocopying violates U.S. copyright laws and will subject the

violator to legal prosecution. This document was electronically produced with

permission of the AIA and can be reproduced in accordance with your license

without violation until the date of expiration as noted below, expiration as

noted below, expiration as noted below, expiration as noted below, expiration as

noted below. User Document: ans b141cma v3.aia -- 6/16/2003. AIA License Number

1013444, which expires on 1/31/2004.

 

                                                 Electronic Format B141/CMa-1992

 

                                                                               1

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1.1.1    The Architect's services consist of those services performed by the

Architect, Architect's employees and Architect's consultants as enumerated in

Articles 2 and 3 of this Agreement and any other services included in Article

12.

 

1.1.2    The Architect's services shall be provided in conjunction with the

services of a Construction Manager as described in the edition of AIA Document

B801/CMa, Standard Form of Agreement Between Owner and Construction Manager,

current as of the date of this Agreement. Architect agrees that it will

cooperate and consult with the Construction Manager, and will incorporate any

value engineering proposals where directed in writing by the Construction

Manager and approved by the Owner, and will incorporate such proposals in

accordance with the provisions of this Agreement.

 

1.1.3    The Architect's services shall be performed as expeditiously as is

consistent with professional skill and care and the orderly progress of the

Work. The Architect shall submit for the Owner's approval and the Construction

Manager's information a schedule for the performance of the Architect's services

which may be adjusted as the Project proceeds, and shall include allowances for

periods of time required for the Owner's and Construction Manager's review and

for approval of submissions by authorities having jurisdiction over the Project.

Time limits established by this schedule approved by the Owner shall not, except

for reasonable cause, be exceeded by the Architect or Owner.

 

1.1.4    The services covered by this Agreement are subject to the time

limitations contained in Subparagraph 11.5.1.

 

                                    ARTICLE 2

                       SCOPE OF ARCHITECT'S BASIC SERVICES

 

2.1      DEFINITION

 

2.1.1    The Architect's Basic Services consist of those described in 2.2

through 2.6 and any other services identified in Article 12 as part of Basic

Services, and include normal structural, civil, landscape architecture,

mechanical and electrical engineering services.

 

2.2      SCHEMATIC DESIGN PHASE

 

2.2.1    The Architect shall prepare the program and review the schedule and

construction budget furnished by the Owner to ascertain the requirements of the

Project and shall arrive at a mutual understanding of such requirements with the

Owner.

 

2.2.2    The Architect shall review with the Owner and Construction Manager

proposed site use and improvements; selection of materials, building systems and

equipment; and methods of Project delivery.

 

2.2.3    The Architect shall review with the Owner and Construction Manager

alternative approaches to design and construction of the Project.

 

2.2.4    Based on the mutually approved program, schedule and construction

budget requirements, the Architect shall prepare, for approval by the Owner,

Schematic Design Documents consisting of drawings and other documents

illustrating the scale and relationship of Project components.

 

2.2.5    At intervals appropriate to the progress of the Schematic Design Phase

and mutually agreeable to the Owner, Construction Manager and Architect, the

Architect shall provide schematic design studies for the Owner's review and the

Construction Manager's information.

 

2.2.6    In the further development of the drawings and specifications during

this and subsequent phases of design, the Architect shall be entitled to assume

the accuracy of the estimates of Construction Cost which are to be provided by

the Construction Manager under the Construction Manager's agreement with the

Owner.

 

2.2.7    Upon completion of the Schematic Design Phase, the Architect shall

provide drawings, outline specifications and other documents for the Owner's

approval and the Construction Manager's information.

 

2.3      DESIGN DEVELOPMENT PHASE

 

2.3.1    Based on the approved Schematic Design Documents and any adjustments

authorized by the Owner in the program, schedule or construction budget, the

Architect shall prepare Design Development Documents for the Construction

Manager's review and the Owner's approval. The Design Development Documents

shall be based upon data and estimates prepared by the Construction Manager and

shall consist of drawings and other documents that establish and describe the

size and character of the Project as to architectural, structural, mechanical

and electrical systems, materials and such other elements as may be appropriate.

 

2.3.2    At intervals mutually agreeable to the Owner, Construction Manager and

Architect, the Architect shall provide drawings and other documents which depict

the current status of design development for the Owner's review and the

Construction Manager's information.

 

2.3.3    Upon completion of the Design Development Phase, the Architect shall

provide drawings, outline specifications and other documents for the Owner's

approval and the Construction Manager's information.

 

2.4      CONSTRUCTION DOCUMENTS PHASE

 

2.4.1    Based on the approved Design Development Documents and any further

adjustments authorized by the Owner in the scope or quality of the Project or in

the construction budget, the Architect, utilizing data and estimates prepared by

the Construction Manager, shall prepare, for approval by the Owner, Construction

Documents consisting of Drawings and Specifications setting forth in detail the

 

AIA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER

EDITION - 1992 EDITION - AIA(R) - (C) 1992 - THE AMERICAN INSTITUTE OF

ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING:

Unlicensed photocopying violates U.S. copyright laws and will subject the

violator to legal prosecution. This document was electronically produced with

permission of the AIA and can be reproduced in accordance with your license

without violation until the date of expiration as noted below. User Document:

b141 01_15_03.aia -- 2/10/2003. AIA License Number 1009668, which expires on

3/28/2003.

 

                                                 Electronic Format B141/CMa-1992

 

                                                                               2

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requirements for the construction of the Project. The Architect will incorporate

value engineering items into the Construction Documents as directed in writing

by the Construction Manager and approved by Owner and will incorporate such

value engineering items in accordance with the provisions of this Agreement.

 

2.4.2    At intervals mutually agreeable to the Owner, Construction Manager and

Architect, the Architect shall provide Drawings and Specifications for the

Owner's and the Construction Manager's review.

 

2.4.3    Upon completion of the Construction Documents Phase, the Architect

shall provide Construction Documents for the Owner's approval and the

Construction Manager's information.

 

2.4.4    The Architect shall assist the Owner and Construction Manager in the

preparation of the necessary bidding information, bidding forms, the Conditions

of the Contracts, and the forms of Agreement between the Owner and the

Contractors. The Architect shall assist the Construction Manager in issuing

bidding documents to bidders and conducting prebid conferences with prospective

bidders. The Architect, with the assistance of the Construction Manager, shall

respond to questions from bidders, and shall issue addenda.

 

2.4.5    The Architect shall assist the Owner and Construction Manager in

connection with the Owner's responsibility for filing documents required for the

approval of governmental authorities having jurisdiction over the Project.

 

2.5      BIDDING OR NEGOTIATION PHASE

 

2.5.1    The Architect, following the Owner's approval of the Construction

Documents and of the Construction Manager's latest estimate of Construction

Cost, shall assist the Construction Manager in obtaining bids or negotiated

proposals and assist in preparing contracts for construction.

 

2.6      CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT

 

2.6.1    The Architect's responsibility to provide Basic Services for the

Construction Phase under this Agreement commences with the award of the Contract

for construction and terminates 30 days after final completion of the Work.

 

2.6.2    The Architect shall provide administration of the Contract for

construction in cooperation with the Construction Manager as set forth below and

in the edition of AIA Document A20l/CMa, General Conditions of the Contract for

Construction, Construction Manager-Adviser Edition, as amended, current as of

the date of this Agreement.

 

Provided, however, with respect to the responsibilities and duties of the

Architect, the General Conditions shall be modified to be consistent with this

Agreement.

 

2.6.3    Duties, responsibilities and limitations of authority of the Architect

shall not be restricted, modified or extended without written agreement of the

Owner and Architect with consent of the Contractors and the Construction

Manager, which consent shall not be unreasonably withheld.

 

2.6.4    The Architect shall be a representative of and shall advise and consult

with the Owner (1) during construction until final payment to the Contractors is

due, and (2) as an Additional Service at the Owner's direction from time to time

during the correction period described in the Contracts for Construction. The

Architect shall have authority to act on behalf of the Owner only to the extent

provided in this Agreement unless otherwise modified by written instrument.

 

2.6.5    The Architect shall visit the site at regular intervals appropriate to

the stage of construction or as otherwise agreed by the Owner and Architect in

writing to become generally familiar with the progress and quality of the Work

completed and to determine in general if the Work is being performed in a manner

indicating that the Work when completed will be in accordance with the Contract

Documents. However, the Architect shall not be required to make exhaustive or

continuous on-site inspections to check the quality or quantity of the Work. On

the basis of on-site observations as an architect, the Architect shall keep the

Owner informed of the progress and quality of the Work, and defects and

deficiencies in the Work. The  Architect will exercise professional care and

customary  diligence in discovering and promptly reporting to the Construction

Manager and Owner any observable material defects or deficiencies in the Project

or the Work of the Contractors, any Subcontractors, or any sub-subcontractors,

their agents or employees, or any person performing any of the Work in the

construction of the Project. (More extensive site representation may be agreed

to as an Additional Service, as described in Paragraph 3.2.)

 

2.6.6    The Architect shall not have control over or charge of and shall not be

responsible for construction means, methods, techniques, sequences or

procedures, or for safety precautions and programs in connection with the Work,

since these are the Contractors' responsibility under the Contracts for

Construction. The Architect shall not be responsible for the Contractors'

schedules or failure to carry out the Work in accordance with the Contract

Documents. The Architect shall not be responsible for the performance by the

Construction Manager of the services required by the Construction Manager's

agreement with the Owner. The Architect shall not have control over or charge of

acts or omissions of the Contractors, Subcontractors, or their agents or

employees, or of any other persons performing services or portions of the Work,

but will promptly advise the Owner and Construction Manager of any material

wrongful or non conforming acts or omissions.

 

AIA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER

EDITION - 1992 EDITION - AIA(R) - (C) 1992 - THE AMERICAN INSTITUTE OF

ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING:

Unlicensed photocopying violates U.S. copyright laws and will subject the

violator to legal prosecution. This document was electronically produced with

permission of the AIA and can be reproduced in accordance with your license

without violation until the date of expiration as noted below. User Document:

b141 01_15_03.aia -- 2/10/2003, AIA License Number 1009668, which expires on

3/28/2003.

 

                                                 Electronic Format B141/CMa-1992

 

                                                                               3

 

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which the Architect discovers during the course of its duties under the

Contractor Documents.

 

2.6.7    The Architect shall at all times have access to the Work wherever it is

in preparation or progress.

 

2.6.8    Communications by and with the Architect's consultants shall be through

the Architect.

 

2.6.9    Based on the Architect's observations and evaluations of each

Contractor's Application for Payment, the Architect shall review and certify the

amounts due the respective Contractors.

 

2.6.9.1  The Architect's certification for payment shall constitute a

representation to the Owner, based on the Architect's observations at the site

as provided in Subparagraph 2.6.5, on the recommendations of the Construction

Manager and on the data comprising the Contractors' Applications for Payment,

that, to the best of the Architect's knowledge, information and belief, the Work

has progressed to the point indicated and the quality of the Work is in

accordance with the Contract Documents. The foregoing representations are

subject to an evaluation of the Work for conformance with the Contract Documents

upon Substantial Completion, to results of subsequent tests and inspections, to

minor deviations from the Contract Documents correctable prior to completion and

to specific qualifications expressed by the Architect. The issuance of a

Certificate for Payment shall further constitute a representation that the

Contractor is entitled to payment in the amount certified.

 

2.6.9.2  The issuance of a Certificate for Payment shall not be a representation

that the Architect has (1) made exhaustive or continuous on-site inspections to

check the quality or quantity of the Work, (2) reviewed construction means,

methods, techniques, sequences or procedures, (3) reviewed copies of

requisitions received from Subcontractors and material suppliers and other data

requested by the Owner to substantiate the Contractor's right to payment or (4)

ascertained how or for what purpose the Contractor has used money previously

paid on account of the Contract Sum.

 

2.6.10   The Architect shall have authority, after notification to the

Construction Manager, to reject Work which does not conform to the Contract

Documents. Whenever the Architect considers it necessary or advisable for

implementation of the intent of the Contract Documents, the Architect will have

authority, upon written authorization from the Owner, to require additional

inspection or testing of the Work in accordance with the provisions of the

Contract Documents, whether or not such Work is fabricated, installed or

completed. However, neither this authority of the Architect nor a decision made

in good faith either to exercise or not to exercise such authority shall give

rise to a duty or responsibility of the Architect to the Construction Manager,

Contractors, Subcontractors, material and equipment suppliers, their agents or

employees or other persons performing portions of the Work.

 

2.6.11   The Architect shall review and approve or take other appropriate action

upon Contractors' submittals such as Shop Drawings, Product Data and Samples,

but only for the limited purpose of checking for conformance with information

given and the design concept expressed in the Contract Documents. The

Architect's action shall be taken with such reasonable promptness as to cause no

delay in the Contractors' Work or in construction by the Owner's own forces,

while allowing sufficient time in the Architect's professional judgment to

permit adequate review. Review of such submittals is not conducted for the

purpose of determining the accuracy and completeness of other details such as

dimensions and quantities or for substantiating instructions for installation or

performance of equipment or systems designed by the Contractors, all of which

remain the responsibility of the Contractors to the extent required by the

Contract Documents. The Architect's review shall not constitute approval of

safety precautions or, unless otherwise specifically stated by the Architect, of

construction means, methods, techniques, sequences or procedures. The

Architect's approval of a specific item shall not indicate approval of an

assembly of which the item is a component. When professional certification of

performance characteristics of materials, systems or equipment is required by

the Contract Documents, the Architect shall be entitled to rely upon such

certification to establish that the materials, systems or equipment will meet

the performance criteria required by the Contract Documents.

 

2.6.12   The Architect shall review and sign or take other appropriate action on

Change Orders and Construction Change Directives prepared by the Construction

Manager for the Owner's approval and execution in accordance with the Contract

Documents.

 

2.6.13   The Architect may authorize minor changes in Work not involving an

adjustment in a Contract Sum or an extension of a Contract Time which are not

inconsistent with the intent of the Contract Documents. Such changes shall be

effected by written order issued through the Construction Manager.

 

2.6.14   The Architect, assisted by the Construction Manager, shall conduct

inspections to determine the date or dates of Substantial Completion and the

date of final completion. The Architect shall forward to the Owner warranties

and similar submittals required by the Contract Documents which have been

received from the Construction Manager. The Architect shall issue a final

Project Certificate for Payment upon compliance with the requirements of the

Contract Documents.

 

2.6.15   The Architect shall interpret and decide matters concerning performance

of the Owner and Contractor under the requirements of the Contract Documents on

written request of either the Owner or Contractor. The Architect's response to

such requests shall be made with reasonable promptness and within any time

limits agreed upon.

 

2.6.16   Interpretations and decisions of the Architect shall be consistent with

the intent of and reasonably inferable from the Contract Documents and shall be

in writing or in the form of drawings. When making such interpretations and

initial decisions, the Architect shall endeavor to secure faithful

 

AIA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER

EDITION - 1992 EDITION - AIA(R) - (C) 1992 - THE AMERICAN INSTITUTE OF

ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING:

Unlicensed photocopying violates U.S. copyright laws and will subject the

violator to legal prosecution. This document was electronically produced with

permission of the AIA and can be reproduced in accordance with your license

without violation until the date of expiration as noted below. User Document:

b141 01_15_ 03.aia--2/10/2003. AIA License Number 1009668, which expires on

3/28/2003.

 

                                                 Electronic Format B141/CMa-1992

 

                                                                               4

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performance by both Owner and Contractors, shall not show partiality to either,

and shall not be liable for results of interpretations or decisions so rendered

in good faith.

 

2.6.17   The Architect's decisions on matters relating to aesthetic effect shall

be final if consistent with the intent expressed in the Contract Documents,

unless a written objection is received from the Owner, which shall overrule the

decision of the Architect.

 

2.6.18   The Architect shall render written decisions within a reasonable time

on all claims, disputes or other matters in question between the Owner and

Contractors relating to the execution or progress of the Work as provided in the

Contract Documents.

 

2.6.19   The Architect's decisions on claims, disputes or other matters,

including those in question between the Owner and Contractors, except for those

relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be

subject to arbitration as provided in this Agreement and in the Contract

Documents.

 

2.6.20   The Architect will respond to reasonable requests for information

submitted by the Contractor or others involved in the Project.

 

2.6.21   Owner will be provided a complete set of reproducible record drawings

and one set of Specifications ( together with a computer aided design disk

containing such Drawings and Specifications) showing all material changes in the

Work made during construction and revisions to the Drawings and Specifications

made by the Architect. Contractor shall provide record drawings to the Owner,

based on actual construction on site. Architect shall cooperate with Contractor

by providing electronic backgrounds for use by the Contractor in creating record

drawings, at no cost to the Owner or Contractor.

 

                                    ARTICLE 3

                               ADDITIONAL SERVICES

 

3.1      GENERAL

 

3.1.1    The services described in this Article 3 are not included in Basic

Services unless so identified in Article 12, and they shall be paid for by the

Owner as provided in this Agreement, in addition to the compensation for Basic

Services. The services described under Paragraphs 3.2 and 3.4 shall only be

provided if authorized or confirmed in writing and in advance by the Owner. If

services described under Contingent Additional Services in Paragraph 3.3 are

required due to circumstances beyond the Architect's control, the Architect

shall notify the Owner prior to commencing such services. If the Owner deems

that such services described under Paragraph 3.3 are not required, the Owner

shall give prompt written notice to the Architect. If the Owner indicates in

writing that all or part of such Contingent Additional Services are not

required, the Architect shall have no obligation to provide those services.

Provided, however, the Owner will not be required to pay and the Architect will

not be entitled to receive reimbursement or compensation for any Additional

Services or Contingent Additional Services, if such services were required due

to the fault of the Architect.

 

3.2      PROJECT REPRESENTATION BEYOND BASIC SERVICES

 

3.2.1    If more extensive representation at the site than is described in

Subparagraph 2.6.5 is required, the Architect shall provide one or more Project

Representatives to assist in carrying out such additional on-site

responsibilities.

 

3.2.2    Project Representatives shall be selected, employed and directed by the

Architect, and the Architect shall be compensated therefor as agreed by the

Owner and Architect. The duties, responsibilities and limitations of authority

of Project Representatives shall be as described in the edition of AIA Document

B352 current as of the date of this Agreement, unless otherwise agreed.

 

3.2.3    Through the observations by such Project Representatives, the Architect

shall endeavor to provide further protection for the Owner against defects and

deficiencies in the Work, but the furnishing of such project representation

shall not modify the rights, responsibilities or obligations of the Architect as

described elsewhere in this Agreement.

 

3.3      CONTINGENT ADDITIONAL SERVICES

 

3.3.1    Making revisions in Drawings, Specifications, or other documents when

such revisions are:

 

         .1       inconsistent with written approvals or instructions previously

                  given by the Owner, including revisions made necessary by

                  adjustments in the Owner's program or Project budget;

 

         .2       requested by the Owner because the Construction Manager's

                  estimate of Construction Cost exceeds the Owner's budget,

                  except where such excess is due to changes initiated by the

                  Architect in scope, capacities of basic systems, or the kinds

                  and quality of materials, finishes or equipment;

 

         .3       required by the enactment or revision of codes, laws or

                  regulations subsequent to the preparation of such documents;

                  or

 

         .4       due to changes required as a result of the Owner's failure to

                  render decisions in a timely manner provided that Owner was

                  notified at least 15 days prior thereto and given the right to

                  cure.

 

3.3.2    Providing services required because of significant changes in the

Project including, but not limited to, changes in size, quality, complexity, the

Owner's or Construction Manager's schedule, or the method of bidding or

negotiating

 

AIA DOCUMENT B141/CMa OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER

EDITION-1992 EDITION - AIA(R)-(C)1992 -THE AMERICAN INSTITUTE OF ARCHITECTS,

1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed

photocopying violates U.S. copyright laws and will subject the violator to legal

prosecution. This document was electronically produced with permission of the

AIA and can be reproduced in accordance with your license without violation

until the date of expiration as noted below. User Document: b141 01_15_03.aia_ -

2/10/2003. AIA License Number 1009668, which expires on 3/28/2003.

 

                                                 Electronic Format B141/CMa-1992

 

                                                                               5

<PAGE>

 

and contracting for construction, except for services required under

Subparagraph 5.2.3.

 

3.3.3    Preparing Drawings, Specifications, and other documentation and

supporting data, evaluating Contractor's reasonable alternative proposals, and

providing other services in connection with Change Orders and Construction

Change Directives, which differ from the initial scope of the Work contemplated

by the Drawings and Specifications issued for construction, except for changes

necessitated by the Architect's negligent acts, errors or omissions.

 

3.3.4    Providing services in connection with evaluating substitutions proposed

by Contractors and making subsequent revisions to Drawings, Specifications and

other documentation resulting therefrom.

 

3.3.5    Providing consultation concerning replacement of Work damaged by fire

or other cause during construction, and furnishing services required in

connection with the replacement of such Work.

 

3.3.6    Providing services made necessary by the termination or default of the

Construction Manager or a Contractor, by major defects or deficiencies in the

Work of a Contractor, or by failure of performance of either the Owner or a

Contractor under a Contract for Construction.

 

3.3.7    Providing services in evaluating an extensive number of claims

submitted by a Contractor or others in connection with changes in the scope of

the Work.

 

3.3.8    Providing services in connection with a public hearing, arbitration

proceeding or legal proceeding except where the Architect is party thereto.

 

3.3.9    Preparing documents for alternate, separate or sequential bids or

providing services in connection with bidding, negotiation or construction prior

to the completion of the Construction Documents Phase.

 

3.4      OPTIONAL ADDITIONAL SERVICES

 

3.4.2    Providing financial feasibility or other special studies.

 

3.4.3    Providing planning surveys, site evaluations or comparative studies of

prospective sites.

 

3.4.4    Providing special surveys, environmental studies and submissions

required for approvals of governmental authorities or others having jurisdiction

over the Project.

 

3.4.5    Providing services relative to future f