OWNER AND ARCHITECT AGREEMENT B151

This attachment amends AIA Document B151-1997 as follows:

1. Section 6904, Chapter 69, Title 29 of the Delaware Code requires a "prohibition against contingent fees" statement. An acceptable statement would be as follows:

   "By signing this Agreement, the Professional swears that he has not employed or retained any company or person, other than a bona fide employee working primarily for the firm offering professional services, to solicit or secure this agreement, and that he has not been paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working primarily for the firm offering professional services, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement."

2. Amend Article 2.1 to include civil engineering services for basic site design.
3. Delete Article 2.4.3 in its entirety and replace with the following: "The Architect shall prepare a construction cost estimate using unit in-place methods with breakdowns including costs of labor, material, overhead and profit."
4. Delete Article 2.6.1 in its entirety and replace with the following: "The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the later of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work."
5. Add a third sentence to Article 2.6.8 to read as follows: "The Architect shall prepare and distribute meeting minutes during the design and construction phases of the Project."
6. Delete the first sentence of Article 2.6.11 and replace with the following: "The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of checking for conformance with the Contract Documents."

   Delete the second sentence of Article 2.6.11 and replace with the following: "The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate Contractors, while allowing sufficient time in the Owner's professional judgement to permit adequate review."

7. Delete Article 2.6.18 in its entirety and replace with the following: "The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and other remedies at law or in equity."
8. Delete Article 3.3.4 in its entirety. These services shall be included as Basic Services.
9. Delete Article 3.4.10 in its entirety. These services shall be included as Basic Services as noted in Article 2.4.3.
10. Delete Article 3.4.16 in its entirety. Section 507, Chapter 5, Title 29 of the Delaware Code requires archival quality (mylars) "as-built" drawings to be deposited in the Hall of Records. Providing such record drawings will be considered a Basic Service of the Architect in all contracts, involving new construction or major renovations. Upon completion of the project and the recordation of all as-built information, the Architect shall provide to the Owner two (2) copies of all Drawings and the Project Manual on CD-Rom. Drawings must be provided in .dwg format and be compatible with AUTOCAD by Autodesk; Project Manual must be compatible with Microsoft Word (consult with the Owner for program version requirements). In addition to the drawing files, the Architect shall provide to the Owner the pen file(s) used for plotting as well as any fonts, library or any files used that are not included in the standard AUTOCAD program.
11. Delete Article 3.4.19 in its entirety and replace with the following: "Providing services of consultants for other than architectural, civil, structural, mechanical and engineering portions of the Project provided as a part of Basic Services."
12. Add a 4th sentence to Article 4.4 to read as follows: "The Owner may elect to transfer this responsibility to the Architect as an Additional Service in Article 3 of this Agreement."
13. Delete Article 5.2.2 in its entirely and replace with the following:

    "A fixed limit of construction cost shall be determined by the Owner prior to commencement of the design. The Architect shall be permitted, with Owner approval, to determine materials, equipment, component systems and types of construction necessary to keep the construction cost within the fixed limit. A contingency amount of 5% of the fixed limit will be included for bidding. If the lowest responsible and responsive base bid exceeds the project fixed limit plus the 5% contingency, the Owner shall proceed as outlined in subparagraph 5.2.4."

14. Delete Article 5.2.5 in its entirety and replace with the following:

    "If the Owner chooses to proceed under clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents to comply with the fixed limit. Further, there shall be no additional compensation to the Architect for bidding phase costs due to the modifications."

15. Delete Article 6 in its entirety and replace with the following:

    "All pre-design studies, drawings, specifications, and other documents, including those in electronic form, prepared by the Architect under this Agreement are, and shall remain the property of the Owner whether the Project for which they are made is executed or not. Such documents may be used by the Owner to construct one or more like projects without the approval of, or additional compensation to, the Architect. The Contractor, Subcontractors, Sub-subcontractors and Material or Equipment Suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or Material or Equipment Supplier on other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. This stipulation shall not prohibit the Architect from the reuse of all instruments of service noted above for any other projects or clients.

    The Architect shall not be liable for injury or damage resulting from the re-use of drawings and specifications if the Architect is not involved in the re-use Project. Prior to re-use of construction documents for a Project in which the Architect is not also involved, the Owner will remove from such documents all identification of the original Architect, including name, address and professional seal or stamp."

16. Delete Article 7.2 and its sub-sections in its entirety.
17. Delete Article 7.3 in its entirety.
18. Delete Article 8.7 in its entirety and replace with the following: "Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated."
19. Delete Article 9.4 in its entirety.
20. In Article 10.2.1 delete "out-of-town" and replace with "out-of-state". Normally the State only reimburses "out-of-state" transportation and living expenses directly related to a project.
21. Delete Article 11.1 in its entirety.
22. Amend Article 11.5.2 to read "Payments are due and payable within 30 days after Owner's receipt of the Architect's invoice. Amounts unpaid after 30 days shall bear interest of one percent per month not to exceed twelve percent per annum."

Rev. 10/01