CCR1992047COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #47-92
APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEGO
AND PSI DESIGN, INC.
Muskego Volunteer Fire Company Station
WHEREAS, the Common Council approved the selection of PSI
manage the design and renovation of the Muskego Volunteer Fire
Design, Inc. to provide preliminary architectural services to
Company Station No. 1 in Resolution #189-91; and
WHEREAS, the Finance Committee has reviewed the attached
agreement submitted by PSI Design, Inc. for architectural and
engineering services for a fee based on 5% of the construction
cost.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the attached Agreement between
the City of Muskego and PSI Design, Inc. for architectural and
engineering services for a fee based on 5% of the construction
cost.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
execute the Agreement in the name of the City.
DATED THIS 25TH DAY OF FEBRUARY , 1992,
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
Resolution #47-92 which was adopted by the Common Council of the
City of Muskego.
2/92cac W
(!-% copj
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document B141
Standard Form of Agreement Between
Owner and-Architect
1987 EDITION
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AGREEMENT
made as of the Twenty First day of October in the year of
Nineteen Hundred and Ninety One
BETWEEN the Owner: City of Muskego
(Nmw and address) W182 58200 Racine Avenue
Muskego, Wisconsin 531 50-0903
and the Architect: PSI Design, Inc., Architects
(Name and address) W232 57530 Big Bend Drive
P.O. Box 215
Big Bend, Wisconsin 53103
For the following Project:
(Include derailed descriprion o/ Pmpct, locarton, address and scope.)
The project is an addition and renovation to the existing Fire Station No. 1 located
The project shall include a 9,160 sq. ft. apparatus bay addition and renovation of
at 576 W17858 Janesville Road, Muskego, WI, for the Muskego Volunteer Fire Company.
documents dated January 21, 1992. Services include normal architectural and engineer-
the existing 4,280 sq. ft. building as defined by the approved preliminary design
ing services. All areas stated are approximate.
The Owner and Architect agree as set forth below
Copyrighr 1917, 1926. 1948, 1951, 1953, 1958.1961. 1963, 1966. 1967.1970,1974.1977,O1987byTheAmericvllnsrlrure of Archirecrs, 1735 New York Avenue, N.W., Washinglo". D.C. 20006. Reproducrlon of the rnarerlll herein or subsranrial
quorarion of its provisions wilhour wvritt.cn perrnisslon of the AIA violares rhc copyrighr laws of rhe United Scales and will be
subjecc 10 legal prosecurion.
AIA DOCUMEM 8141 * OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION * AlA' a1987
THE MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON. D.C. 2wo6 0141-1987 1
WARNING Unlicensed pholocopfing violates US. copfdght I- and is subject to legal pmsnutlon.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architecr's employees and Archirecr's
consulrannIs as cnumerared in Arricles 2 and 3 of rhis Agreemenr
and any other services included in Arricle 12.
riously as is consisrenr with professional skill and care and the
1.1.2 The Archirecr's services shall be performed as expedi-
orderly progress of [he U'ork. Upon request of [he Owner, [he
Archirect shd submir for the Owner's approval a schedule for
adjusted as [he Projecr procerd., and shall include allowa~ices
[he performance of [he Archttect's services which ma!. be
approval ofsubm&sions by authoriries having jurisdicrton over
for periods of rime requlred for the Owner's review and for
the Project. Time limits esrablished h!. [his schedule approved
by rhe Ownrr shall not, encepr for remnable cause. hc exceedrd
by [he Archirecr or Owner.
1.1.3 The services covered by rhts Agreement are subjccr Io
the rune limitarions conrlined 1(1 Subpdragnph Il.5.1
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Archirecr's Basic Services consist of rhose described
in Paragraphs 2.2 through 2.6 and any orher sen'ices idenrified
in Arricle 12 as parr of Basic Services. and include normal srruc-
rural, mechanical and elecrrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
Owner.
requirements, each in terms o
lions set forth in Subparagrap
2.2.3 The Archilecr irh the Owner alternarive
approaches IO design on of the Projecr.
ject to the limira-
y agreed-upon program, schedule
equiremenrs, the Archirecr shall
the Owner, Schematic Design Docu-
wings and orher documenrs illustrating
re a Ionship of Projccr componenrs.
irect shall submir IO the Owner a preliminary
truction Cost based on currenr area. bolume or
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Bared on [he approved Schemaric Design Documents
and any adjusrmenrs aurhorized by [he Owner in [he program,
schedule
for approval by the On'ner, Design Developmrnt Documents
, rhe Archirect shall prepare,
consisring of drdwings and orher documents ro fix and descnbe
rhe size and characrer of the Projecr as ro archirectural. srmc-
tural, mechanical and electrical svsrems. marerials and such
other elemenrs a! mdy he appropriate
2.3.2 The Architect shall ad\,ise the Owner ofany adjusrmenrs
ro the preliminary esrimare of Consrrucrion Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on [he approved Design Development Docu-
menrs and any Further adjusrmenrs in the scope or qualiry of
Owner, rhr Archtrecr shall prepare, for approval by the Owner,
[he Projecr or In the consrruclion budger aurhorized by rhr
Consrrucrion Documents consisring of Drawngs and Spccifica-
lions selling forrh in derail the requiremenls for rhr consrruc-
lion of rhe Projccr.
2.4.2 The Archirecr shall assist the Owner in the prrparation of
lions of [he Conrncr, :Ind the form of Agreemen1 herneen rlic
[he nece,sary bidding informarion, hiddmg forms, rhe Condi-
Onner and Conrracror.
2.4.3 The Arcllirecr shall advise thr On ner of 211)- :Idjuslnients
cared by changes in requiremenrs orgeneri market condlrlons.
to prccious prrllmmary esrin~>rrs of Conbrrucrion Cost mdi~
2.4.4 The Archirecr shall assisr the Owner in connecrion with
rhe Owner's responsibility for filing documenrs required for
over the Projccr.
[he approval of go\'rrnmenral aurhoriries havq iurisdicrion
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architecl, following Ihe Onner's approval of [he
Consrrucrion Documenrs and of [he larcsr preliminary cstinlate
of Consrrucrion Cosr, shall assist the Owner in ohraining btds
or negoriated proposals and asstsr in awarding and prepar~ng
conrracts for consrrucflon
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OFTHECONSTRUCTIONCONTRACT
2.6.1 Tlw ArchItccr's responsibiliry ro provide Basic Servlccs
for thc Cnnsrrucrun Pluse undcr thls <A\yrccrncnr comnirnces
n-irk rllc :,ward of tllc Contr:lcr fur Conhrrilcrir?n and rrrml-
narc\ 21 [he elrlirr of the issunce 111 rhc Onwlcr of lllc final
Ccrlificaw tor Paymcnr or 60 clay, afrcr [he date of Suhsr~n-
rinl Conlplcrion of the Work.
2.6.2 The Archirecl shall provide adminisrrarion of the Con-
AIA Documenr A20l. General Conditions of [he Contract lor
rracr for Consrrucrion a5 set forrh below and in the edirion of
otherwise provided in rhis Agreemenr.
Consrrucrion, current a5 of [he date of this Agreement. unless
2.6.3 Duries. responsibiliries 2nd lim~rarions of aurhorlr! of rhe
ArchHect shall not be resrricred, niodlfied or evrended nirhour
written agreement of rhe Owner and Archirecr wtrh conbenr of
rhe Conrracror, which conscnr shdl no1 he unrusondbly
wirhheld.
AIA DOCUMENT 0141 . OWNER-ARCHITECT AGREEMENT . FOURTEENTH Er)lTIOX AIAU . @IOU7
THEAMERICAN INSTITUTEOF ARCHITECTS, i735NEU'YORKA\'ENCE. N.W. UASHINGTOS. OC. 20UM 6141-1987 2
WARNING Unlicensed photocopying violates U.S. Cowrlght laws and is Subject to legal pmsecutlon.
2.6.4 The Archirecr shall be a representative of and shall advise
and consult wirh rhe Owner (I) during consrruction unril final
paymenr ro [he Conrracror is due, and (2) as an Additional Ser-
vice ar the Owner's direction from rime ro rime during rhe cor-
rection period described in [he Conrracr for Consrrucrion. The
Archirecr shall have aurhoriry to acr on behalf of [he Owner
only to [he exrenr provided in rhis Agreement unless orherwise
modified by wrirten insrrumenr.
2.6.5 The Architect shall wsir the site ar intervals appropriare
to [he srage of consrrucrion or as orherwise agreed by the
Owner and Architect in wriring ro become generally familiar
with [he progress and qualiry of [he Work complered and ro
determine in general if the Work is being performed in a man-
ner indicattng rhar the Work when complered will be in accor-
dance wirh [he Conrncr Documents. However, the Archirect
shall nor be required ro make exhausrive or conrinuous on-sire
inspections IO check the qualiry or quanriry of rhc Work. On
shall keep [he Owner informed of [he progress and qualiry of
[he basis of on-sire observarions as an architect, the Archirect
[he Work, and shall endeavor LO guard [he Owner againsl
defecrs and deficiencies in the Work. (More e.xtensi!,e sile
described irr Parrrgrapb 3.2)
represenlalion may be agreed Io as an Addirio!!al Scrr,icc. os
2.6.6 The Architecl shall nor have conrrol over or charge of
and shall nor be responsible for construcrion means. methodr.
techniques, sequences or procedures, or for safer) precautions
and programs In connecrcm wirh [he Work, smcc these arc
solely the ConrrdCtor'S rcsponsibdiry under rhe Conrncr for
Construcrion The Architecl shall nor be responsible for the
dance with the Conrracr Documenrs. The Archirecr shall nor
Conrracror's schedules or failure IO car? our [he Work in accor-
lor. Subconlracrors, or rhelr agenrs or employees. or of any
have control over or charge of acts or omthsions of the Conrrac-
orher persons performing portions of the Work
2.6.7 The Archirecr shall 31 all rlrnes have Kcess Io the Work
tiherever tr IS in preparation or progress.
2.6.8 Excepr as may orhenvlse be provlded tn [he Conrracr
Documents or when direcr communications have been spe-
clally aurhorized, the Owner and Conrracror shall communicare
through the Archirecr. Communicarions by and with [he Arch[-
recr's consulrants shall be through the Architect.
2.6.9 Based on [he Archirecr's observarions and evaluarions of
the Contractor's Applicarlons for Paymenr, [he Archirecr shall
review and cerrify [he amounrs due [he Conrracror.
2.6.10 The Archirecr's certlficarion for paymenr shall consri-
ture a represenrarion IO [he Owner, based on the Architecr's
on [he dara comprising the Contracror's Application for Pay-
observarions ar [he sire as provided in Subparagraph 2.6.5 and
menr, rhar [he Work has progressed IO rhe poinr indicared and
rhar, IO [he best of [he Architect's knowledge. information and
bellef. qual~ry of [he Work is in accordance with [he Conrracr
Documents. The foregoing representdtions are subiecr 10 an
evaluation of [he Work for conformance wtrh [he Conrract
Documents upon Subsranrial Completion. ro resulrs of subse-
quent rests and inspecrions. to minor deviations from rhc Con-
rracr Documenu correcrable prior IO complerion and to spc~
cific qualificalions expressed by [he Archirecr. The issuance of a
Cerrificare for Paynenr shall furrher consriture a representarion
rhar [he Contracror is enrirlrd 10 paymenr in [he amounr certi~
tied. However. Ihe issuance of a Certificate for Paymenr shall
nor be a represenrarion that the Architect has (I) made exhaus-
ti\,e or continuous on-sire inspections IO check [he qualiry or
quanrily of [he Work, (2) reviewed cons[rucuon means, merh-
ads. rechniques. sequences or procedures, (3) reviewed copies
of requisirions received from Subconrracrors and material sup-
pliers and orher data requesred by rhe Owner 10 substanriare
[he Conrracror's righr IO paymenr or (4) ascerrained how or for
what purpose [he Conrracror has used money previously paid
on account of [he Contract Sum.
2.6.1 1 The Architect shall have authorily IO rejecr Work which
does nor conform 10 rhe Conrracr Documenrs. Whenever the
Archirecr considers it necessary or advisable for implementa-
have aurhoriry ro require addirional inspecrion or resung of [he
[ion of [he inrenr of [he Conrracr Documenrs. the Architect will
Work in accordance wirh rhe provi5ions of [he Conrracr Docu-
ments. wherhcr or nor such Work is fabncared. insralled or
complered. However, neirher rhis aurhoriry of [he Architect nor
a decision made in good fairh either 10 exercise or nor ro exer-
cise such aurhoriry shall give rise ro a duly or responsibdity of
[he Architect Io rhe Conrracror, Subconrracrors, marerial and
equipmenr suppliers, [heir agenrs or employees or orher per-
sons performing portions of [he Work.
2.6.12 The Archilecr shall review and approve or rake orher
appropriarc acrion upon Conrracror's submitrdls such as Shop
purpose of checking for conformance n-lrh informalion glwn
Drawings, Producl Dala and Samples, bur only for the limited
and rhe design concept exprcsscd in rhe Conrracr Documenrs
The Archllccr's acr~1n shall bc raken nirh such rcLsonJble
sruction of thc Onncr or of sep:lr:rre conrncrorh. whdc a11un.-
pn~mprncss il( 10 cause no delay in rhe Work or in [he con-
permit adequarc rcricn Rcvien. of such suhnilrr:!ls is nclt COll-
ing sufficient rmir in the Arcllilccr's pr<~fcssion.!l judgmcnt ro
ducrcd for rhc purpose of determining the accurac! md coni-
plctcness of other derails such xs dimension> and qunnririer or
for subsrmriaring ilisrrucrwns fc~r in%aIla1ion or pcrformancc of
equipmrnl or systenis designed b! thc Cvnrracror. a11 of ~llich
remain the responsiblllry of [he Conrracror to the ewnr
required b! [he Conrracr Documcnu Thc Archtrecr's review
shall nor consrirurc approval of safer! precaurions or, unless
orhern-isc specifically srared by rhc Archwcr. of construcrion
means, methods, tcchnlques. sequences or procedures. The
approval of an assembly of which [he irrm is a componenr.
Archltecr's approval of a specific irem shall not indlcare
of materids, sysrems or equipment is required by [he Conrract
When professional cerrificarion of performance characrerisrics
ceruficatton ro esublish rhar rhe materials, sysrems or equip-
Dorumenrs. rhe Archirect shall be enrirled ro rely upon such
rracr Documents.
men[ will meer [he performance criteria required by rhe Con-
2.6.13 The Archirecr shall prepare Change Orders and Con-
struction Change Dlrecrives, wirh supporring documentation
and dara if deemed necessary by rhe Architecr as provided in
Subparagrdphs 3.1.1 and 3.3.3, for the Owner's approval and
execution in accordance with [he Conrracr Documenrs. and
may authorize minor changes in the Work nor involving an
adjusrmenr in rhe Conrracr Sum or an exrension of [he Conrracr
Time which are nor inconsisrenr with rhe inrenr of [he Conrracr
Documents
2.6.14 The Archirecr shall conducr lo derermine
[he date or dares of Subsranrial Complerion and the date of final
completion, shall receive md forward IO the Owner for [he
Owner's rrvlcw and records writLen namnrm and related
documenrs required by rhe Contract Documenrs and assem- re
bled by [he Conrracror, and shall &&e findl Cerrificarc for Pav~ the
ment upon compliance wirh rhc requiremenrs of rhe COnLrdc[
Documents.
0
on-site observation
3 6141-1987 AIA DOCUMENT 0141 OWNER-ARCHITECT AGREEMENT 0 FOURTEENTH EDITION * MAB * e1907
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORKAVENUE, N.W. WASHINGTON. D C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subjestto legal prosecution.
2.6.15 The Architect shall interpret aai&wAc
cerning performance of rhe Owner and Conrracror under [he
marrers con-
requiremcnrs of rhe Conrracr Documents on wririen requesr of
either [he Owner or Conrractor. The Archirecr's response 10
such requests shall be made wirh reasonable promprness and
wirhin any rime limits agreed upon.
2.6.16 lnrerprerarlons of rhe Archirecr shall be
consisrcnr with rhe inlent of and rca~onably inferable from the
drawings. When making such interprcrarions and initial deci-
Conrracr Documenrs and shall be in wriring or in rhe form of
sions, the Archirecr shall endeavor to secure f2rhful perfor-
mance by both Owner and Conrracror, shall not show parrialiry
decisions so rendered in good fairh.
10 either. and shall nor he liable for results of inrerprerxions or
2.6.17 The Archirecr's decisions on marrcrs relaring lo aesrhe-
ric effecr shall be final if consistenr with rhe inrenr expressed in
rhc Conrracr Documenrs.
2.6.18 The Architecr shall render wrirren decisions wirhin a
lion berween rhe Owner and Conrracror relaring 10 [he execu~
rexsonable rime on all claims. disputes or orher 1113tVrS in ques-
[Ion or progress of rhe Work as provided in rhe Conrracr
Documenrs.
2.6.19 The Archirecr's decisions on claims. dtspurcs or orher
marlers, including those In quesrion bernjecn rhe Owner and
Conrracror. exccpr fc~r rhose rcldring ro aesrheric effecr ar pro-
uded in Subparagraph 2.6 17, shall be sublecr 10 arhirrarion 1,
provided In this Agreemen1 and in the Conrracr Documenrs.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Arricle 3 are nor included
in Baric Services unless so Identified in Arricle 12, and rhe) shall
be p2d for by [he Owner as provided in [his Agreement, in
addirion 10 the compensarion fur Basic Srnices. The services
descrlbed under Paragraphs 3.2 and 3.4 shall only be provided
if aurhorized or confirmed in wr~r~ng by [he Owner If services
described under Contlngenr Addiriondl Senices in Paragraph
3.3 are required due IO circumsrances beyond the Archirecr's
conrrol, rhc Archirecr shall norify [he Owner prior 10 com-
described under Paragraph 3.3 are nor required, rhe Owner
mencing such services. If rhe Owner deems char such services
shall give prompr n~irren norice 10 the Architecr. If rhc Owner
indicares in nrulng [ha1 all or part of such Conringenr Addi-
rional Services are nor required, [he Archirecr shall have no obli-
garion IO provide rhose services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more exrensive representarion ar [he sire than is
described in Subparagraph 2.6.5 is required, rhe Archirecr shall
provide one or more Project Represenrarives lo assisr in car?-
ing our such addirional on-sire responsibiliries.
3.2.2 Projccr Represenrarives shall be selecred. employed and
sated therefor ar agreed by [he Owner and Architect. The
dlrecred by rhe Architect, and rhe Archirecr shall be compen-
Represenrarives shall be as dcscribed in the edirion of AIA
duties, responsiblliries and limlrarions of aurhuriry of Project
orherwise agreed.
Documenr 8352 currenr as of [he dare of this Agreemenr, unless
3.2.3 Through rhe observations by such Project Represen-
lalives, rhe Architecr shall endeavor IO provide furrher prorcc-
[ion for the Owner againsr defecrs and deficiencies in [he Work,
bur the furnishing of such project represenrarion shall nor
modify the rights. responsib~liries or obligarions of rhe Archirecr
as descrihed elsewhere in rhis Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or orher
documenrs when such revisions are:
.1 inconsisrenr wirh approvals or insrrucrions previously
gwen by rhe Owner, including revisions made neces-
sa? by adjusrmenrs in [he Owner's program or Proj-
ecr budget;
.2 required by [he enacrmenr or reviston of codes, laws
or regularions subsequent lo rhe prepararion of such
documents; or
.3 due 10 changes required as a resulr ofrhe Owner's fail-
ure IO render decisions in a rimely manner.
3.3.2 Providmg scn'ices requlred because of significanr
chmges in rhe Project including, bur nor hired LO, size, qual-
II?, c~~mplenir~. rhe Owner's schedule. or lhc merhod of hid-
ding or negotiating and cunrracring for consrrucrion. except for
ser\'ices required under Subparagraph 5.2.5
3.3.3 Preparing Dr~ningb, Specificarions and orhcr documen-
131io11 and supporring dm. evaluar~ng Conrractor's proposals.
and providmg orhcr servicrs in connection airh Chmge
Orders md Consrrucrion Change Dirccrives.
3.3.4 Providing services In connrctwn nirh eraluarmg subsri-
rulions proposed by rhr Conrracror and making subsequent
revisions lo Drawings. Specificarions and orher documenrarion
rcsulring rhcrefrom.
3.3.5 Prmiding ~on~ulrarion concernmg rcplxxmcnr of Work
dmagcd by fire or orher cause during cons~rucrion, and fur-
of such Work.
nishing services required In connecrion airh rhe replacemenr
3.3.6 Providing servlces made necessan by the defaulr of the
Conrracror, by major defecrs or deficiencies in the Work of the
Contractor. or by failure of performance of enher rhe Owner or
Conrracror under [he Conrracr for Consrrucrion.
3.3.7 Prowding services in cvaluaring an exrensive number of
claims submirred by rhe Conrracror or orhers in connecrion
wirh rhe Work.
3.3.8 Providing sewices in connectlon with a publlc hearing,
arbirrarion proceeding or legal proceeding excepr where [he
Architect is parry therero.
3.3.9 Preparing documenrs for alrernare. sepanre or sequenrial
bids or providing services in connecrion wirh bidding, negor~a-
lion Documenrs Phase.
[Ion or consrrucrion prior to rhe compierion of [he Consmc-
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of rhe Owner s necds and progrm-
mlng rhe requiremenrs of rhc Projecr
3.4.2 Providing financial fexibiliry or orher special srudleb.
3.4.3 Providmg planning surveys, sire evaluarions or com-
pararive srudm of prospecrivc sires.
AIA DOCUMENT 0141 * 0WNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlhB * @I987
THE AMERICAN ISSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D C 2Wffi
WARNING: Unlicensed pholoso~ing violates US. copyrighl laws and 15 subject IO legal PmSeCutlOn.
8141-1987 4
3.4.4 Providing special surveys, environmenral srudies and
submissions required for approvals of governmcnral aurhoriries
or orhers having jurisdicrion over the Projecr.
3.4.5 Providing services relarive to fururc factliries, sysrems
and equipmenr.
3.4.6 Providing services ro 1nveslig:tte exisring conditions or
faciliries or to make measured drawings thereof.
3.4.7 Providing services ro veriFy the accuracy of drawings or
orher informarlon furnished by the Owncr.
3.4.8 Providing coordinarion of consrrucrion performed by
separare conrracrors or by rhe Owner's own forces and coordi~
nation of services required in connecLion wirh consrrucrion
performed and eqwpmenr supplted by the Owner.
3.4.9 Providing services in connection with [he work of a con-
srrucrion manager or separdre consultank retained by rhc
Onncr.
3.4.10 Providing derailed estimares of Consrrucrlon Cos[.
3.4.11 Providing derailed qumrit! surveys or mvcnrories of
marerial, equipmcnr and labor
3.4.12 Providing anslyses of owning and operaring cosrs.
3.4.13 Prwiding inrcrior design and other smuiar scn'ices
or insrdhrion of htrnirurr. furnishings and rel:wd equipmenr.
required fur or in connccrinn wlrh the selecrion, procurement
3.4.14 Provtdtng services lor plannmg tenanr or rcnral spacrs
3.4.15 hlhg investigations. mvenroncs of n1areri.h or eqllip-
ment. or valuattons and deralcd appruds of ensring faciliries.
3.4.16 Preparing a set of reproducihle record dram ings show-
ing significanl changes in the Work made during consrrucrIon
based on marked~up prints. drawings and other dara furnished
by [he Contracror ro [he Archllccr.
3.4.17 Providing assisrance in the uriliwrion of equipmenr or
systems such as tesring, adjusrmg and balancing, preparation of
operation and mainrenance manuals, training personnel for
operation and maintenance, and consultarion duringoperation.
3.4.18 Providing services after issuance ro the Owner of [he
rificare for Payment, more than 60 days after [he dare of Suh-
final Cerrificare for Payment, or in Ihe absence of a final Cer-
stanrial Complerion of rhe Work.
3.4.19 Providing services of consulrants for other [hm archi-
recrural, structural, mechanical and electrical engineering por-
rions of [he Project provided as a par1 of Basic Services.
3.4.20 Providing any orher services not otherwise included in
[his Agreemenr or nor cusromarily furnished in accordance
wirh generally accepted archirecrural pracrlce.
ARTICLE 4
OWNERS RESPONSIBILITIES
4.1 The Owner shall provide full informarion regarding
requiremenrs for the Prolecr. including a program which shall
ser forrh the Owner's objecrives, schedule, consrrainrs and cri-
teria, including space requiremenrs and relarionships, flea-
biliry, expandabiliry. special equipment, sysrems and sire
requirements.
4.2 The Owner shall establish and updare an overall budger for
cos15 and reasonable conringencies relared to all of rhese cosrs.
the Projecr, including rhe Consrruclion Cosr, the Owner's orher
4.3 If requested by the Archirec!, the Owner shall furnish evi~
dence rhar financtal arrdngemenrs have been made Lo fulfill rhe
Owner's obligarions under rhis Agreemenr.
4.4 The Owner shall designate a represenrarive aurhorized LO
act on [he Owner's behalf with respecr ro [he Project. The
Owner or such authorized represenrarive shall render decisions
in a timely manner perraining IO documenrs suhmirred by [he
Archilecr in order to avoid unreasonable delay in the orderly
and sequenrial progress of [he Archirect's services.
4.5 The Owner shall furntsh surveys describing physical
chancrer~srics, legal Iimirations and urilily locarions for [he sire
of [he Projecl. and a wrirten legal description of [he sire. The
surveys and legal informarion shall include, as applicable.
grades and hnes of srreers, alleys. pavemcnrs and adjoining
properr! and strucrures; adjacent drainage; righrs-of-way,
restrtctions, ea5emenls. encroachmenrs, zoning, deed resrric-
sions and necessan dard perraining to extsrtng buildings, orhcr
!tons, boundaries and conrours of Ihe stre; locarions, dimen-
improvcmenrs and trees; and information concernlng a\Xhhlc
utiliry services and lines, borh puhlic and privarc, above and
on [he survey shall he referenced lo a project benchmark.
helow grade. including inverls and dcprhs. All the informarion
4.6 The Owner sh2ll furnish rhr servlces of grnrechnical engi~
nerrs when such services are requested by rhe Archirecr. Such
services may include bur arc nor limited 10 tcsr burlng5. rest
pits. dewrminarions (~f soil bearing values. percolation resrs.
evdusrinns of hxardous marcrials, ground cocro5ion md resls~
ttvi[y ~csts, mcluding necessary operations for anricipating sub^
soil conditwns. wirh repork and approprme profebsionll
rccommendarions.
4.6.1 The Owner shall furnish rhc servms of orher consul-
tanrs when such services are reasonably required by rhc scopr
of rhe Projccr and are requesred by the .Archirecr
4.7 The Owner shall furnish srmcrural, mechanical. chemtcal,
air and water pollurion rests, res6 for hawrdous mxerids and
other laboraron and environmenral resrs. inspecrions and
reporrs required by law or [he Conrracr Documenrs.
4.8 The Owner shall furnish all legal, accounting and insurance
counseling services as may he necessan ar any rime for the
Projecr. including audiring services [he Owner may require IO
verify the Contracror's Applicarions for Payment or IO ascerrain
hon, or for what purposes the Conrracror has used rhe money
paid by or on behalf of the Owner.
4.9 The services. informarion, surveys and reporrs required by
Paragraphs 4.5 through 4.8 shall be furnished ar [he Owner's
expense. and [he Archirecr shall be enttrled IO rely upon [he
accuracy and compleleness rhereof.
4.10 Prompr wrtrlen norice shall be given by the Owner 10 rhe
Architecr if [he Owner becomes aware of any faulr or defect in
[he Project or nonconformance with [he Conrracr Documents.
4.11 The proposed language of cerrlficales or cerrificattons
requested of (he Architecr or Archirecr's consultanrs shall be
submirred ro the Archirecr for review and approval a1 leasr 14
days prior ro execurion. The Owner shall nor request cenifica-
rions rhat would require knowledge or services beyond the
scope of rhis Agreemenr.
5 8141-1987 AIA DOCUMENT E141 - OWNER-ARCHITECT AGREEMENT FOURTEENTH EDITION * AMB . Dl987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW.. WASHINGTON. D.C. 20006
WARNING: Unlicensed photoCOWing violates US. copyright Iw and is Subject to legal pmseculion.
ARTICLE 5
CONSTRUCTION COST " 5.1 DEFINITION
5.1.1 The Consrrucrion Cos[ shall he rhe [oral cost or esri-
mared cosr to the Owner of all elements of the Projecr designed
or specified by rhe Archilccr.
5.1.2 The Consrrucrion Cos1 shall include [he cos8 31 currenr
equipment designed, specified, selecred or specially provided
marker rates of labor and marerials furnished by the Owner md
for by rhe ATchirecr. plus a reasonable allowance for [he Con-
rracror's overhead and profit. In addition. a reasonable allow-
ance for conringencies shall be included for marker condirlons
ar rhe rime of bidding and for changes In the Work during
consrrucrion.
5.1.3 Consrrucrion Cos[ does nor include [he cornpensxion of
[he Archirecr and Archlrrcr's consulranrs, [he cosrs of rhr land.
righrs-of-way, financing or other costs which are [he respon~
sibiliry of [he Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evduarions of rhe Owner's Project budget. preliminan
esrimares of Consrrucrion Cos1 and derailed esrimarcs of Con-
srnlclion Cosr, if any, prepared by rhe Archirecr, represent the
Archmcr's besr judgmenr a dcsign professional hmiliar wrh
rhe consrrucrlon induslr).. I[ is recognlzed, however. rhar nei-
[her rhe Archirecr nor Ihe Owner has conrrol over rhe cos[ of
labor, marerials or equlpmenr, over rhe Conrncror's merhods
of dererminlng bid prices. or over compcr!rrve bldding, marker
or negoriaring condilions. Accordmgly. [he Archirecr cannor
and does not warrant or represent rhar bids or negotrared pr~es
esrimale of Consrruclion Cosr or evaluarion prepared or agreed
n.111 nor vary from rhr Oa-ner's Prolecr budget or from any
ro hy [he Archirecr.
5.2.2 No fixed limlt of Consrrucrion Cos[ shall be esrablished
as a condirion of rhts Agreemcnr by [he furnishing, proposal or
eslahllshmenr of a Projecr budger, unless such fixed limir hds
such a fixed limir has been esrablished, the Archlrecr shall be
been agreed upon in wriring and signed by [he parries hereto. If
permirred IO include contingencies for design, bidding and
price escalation. to derermine whar mareriaJs, equipment, com-
the Conrracr Documenrs, to make reasonable adjusrmenrs in
ponenr systems and types of construction are to be.included in
[he scope of [he Project and to include in rhe Conrracr Docu.
menrs alrernare bids ro adjusr [he Consrrucrion Cost Io rhe fmed
limir. FLwed limirs, if any, shall be increased in the amount of an
increase in rhe Conrracr Sum occurring aher execution of rhe
Conrracr for Consrrucrion.
5.2.3 If [he Bidding or Negoriarion Phase has nor commenced
within 70 days after the Archirecr submirs rhe Consrrucrlon
Consrrucrion Cosr shall be adjusred ro reflect changes in [he
Documenrs ro [he Owner, any Projecr budget or fixed limil of
general level of prices in [he construction indusrry herween rhe
dare of submission of [he Consrrucrion Documenrs 10 rhe
Owner and [he dare on which proposals are sought.
5.2.4 If a fixed limir of Consrrucrion Cos[ (adjured as pro-
vided in Subparagraph 5.2.3) is exceeded by [he lowesr bona
fide bid or negotiated proposal, the Owner shall.
0
0 ,1 give wrirren approval of an increase in such fmed
Iimir;
.2 aurhorire rebidding or renegoriaring of [he Project
wirhin a reasonable rime;
.3 if rhe Project is abandoned, rerminare In accordance
with Paragraph 8.3; or
.4 cooperare in revising [he Projccr scopc and qudh). 15
required IO reduce the Consrruclion Cosr.
5.2.5 If rhe Owner chooses ro proceed under Clause 5.2 4 4,
rhe Archirecr, wirhour addiriondl charge, sh.111 modify [he Con-
esrablished ar a condirion of this Agreemenl. The modification
tract Documenrs as necessary to compl! wirh the fixed Imr. If
of Conrracr Documents shall be [he limit of the Archirecr's
The Archirecr shall be enrlrled IO compcnsat~on in accordance
responsibiliry arising OUI of [he esrablishmenr of 3 fixed lirnir.
wirh rhis Agreemenr for all services performed whether or nor
[he Consrruclion Phare is commcnced.
ARTICLE 6
SPECIFICATIONS AND OTHER DOCUMENTS
USE OF ARCHITECT'S DRAWINGS,
6.1 The Drawings. Specificarions and orher documenrs pre-
pared hy [he Architect for rhis Projecl are inslruments of the
Archirecl's service for use solel! wirh resprcr 10 this Project
and. unless orhcmise provided. rhe Archilecl shall he deemed
[he aurhor of [hex documenrs and shall rrtxn AI coninlon In
srxurory and orhrr rcscned rights, Including rhe copyrlghr.
Thc Owner shdl he pcrnlilrcd ro rcrain cupies, including reprw
orhcr documenrs for informar~r and reference in connccrion
duclhk copies, of rhc Archirccr's Drawings, Spccificarions and
nilh rhe On ner's use and occupmcy of rhe Projecr. The Arclli-
lecl's Drmings, Spcclficarlons or orher docunicnr> shJi1 no1 he
used hy rhr Onnrr or olhrrs on orhcr projecrs. for addillons lo
chis Projecr or for cornplerion of rhis Projecr by orhers, unless
excepr by agreemenr rn wiring and ailh appropriare compen-
rhe Archilecr is adjudgcd 10 be in default undrr rhis Agrernlenr,
sarion LO [he Archlrecr.
6.2 Suhmlssion or disrriburion of docurncnrs ro mrcr official
regularon requiremenrs or for similar purposes in connection
wlrh [he Prolecr is nor 10 be construed as public311on in deroga-
tion of the Architect's reserved rights.
ARTICLE 7
7.1 Claims, dispures or orher marrers in quesrron b
effecr unless rhe parries murually a
other parry lo rh'
rion Associarion.
a reasonable rim
[led in wriring wirh [he
AM DOQJMENT 8141 OWNER-ARCHITECT AGREEMENT * FOURTEENm EDmON - AIAm * 0 1987
THE AA4ERICAN INSTITUTE OF ARCHITECTS, 1731 NEW YORKAVENUE. N.W., WASHINGTON, D C 2wG 8141-1907 6
WARNING Unlicensed photocoming violates U.S. Copyright laws and io subject lo legal prosecution.
involving an additional person or enriry
or enriry nor name
men[ to arbirra 10 arbirrare wirh an
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 Thls Agreement may bc rermindred by eirher parry upon
not less than seven days' wrirren norice should the other parry
fail subsranrially to perform In accordance with [he terms of this
Agreement through no fault of Ihe pmy inirixing rhc rermixarion.
8.2 If the Project is suspended by the Owner for more than 30
consecurivr days, [he Archirecr shall be compcnsxcd for ser-
vices performed prior IO norice of such suspcnsion W:hen 1hc
Project is resumed. [he Architect's compcnsarion shall be equi-
tably adjusted to providr for expenses incurred in rhc inrcrrup-
lion and resumpiton of [he Archirecr's senices.
8.3 This Agreement may be rerminared by [he Owner upon
nor less than seven days' wrirren norvx 10 [he Archilecr in [he
event rhar the Projec~ IS permanenrly abandoned If the Projecr
is abandoned by the Owner for more than 90 consecurive days.
[he Archirecr may rerminate chis Agreemenr by giving wrirten
notice
8.4 Failure of rhe Owner 10 make payments IO rhc Architect in
accordance wirh [his Agreemenr shdll he considered substanrial
nonperformance and cause for termtnarion.
8.5 If the Owner fails 10 make payment when due rhe Archi-
tect for services and expenses, rhe Architect may, upon seven
days' wrlrren norice IO [he Owner. suspend performance of ser-
vices under rhis Agreemenr. Unless paymenr in Full is received
by rhe Archirecr within sewn days of [he dare of the norice, the
suspension shall rake effect withour Further notice. In [he event
of a suspension of sen'lces, rhe Archilecr shall have no liability
of such suspension of services.
to the Owner for delay or damage caused rhe Owner because
8.6 In the evenr of rerminarion nor the faulr of [he Archirecl.
[he Architect shall be compensated for servlces performed prior
and all Terminarion Expenses as defined in Pangraph 8.7.
IO rerminarion, togerher wlth Reimbursable Expenses [hen due
Baric Services and AddIrional
tion for Basic and
if rerminarion
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provlded, rhis Agreemenr shall be gov-
erned by the law of the principal place of business of the
Architecr.
9.2 Terms in this Agreement shall have [he same meaning as
rhose in AIA Documenr A?OI, General Condirions of [he Con-
tract for Construcrion. current as of the dare of rhis Agreement.
9.3 Causes of acrion between [he parries 10 this Agreemenr
perraintng 10 acts or failures LO act shall be deemed IO have
accrued and [he applicable srarures of limirarions shall com-
mence ro run not her than either the d3re of Subsranrial Com-
pletion for acts or failures to act occurrlng prior IO Substanrial
Completion, or the dm of issuance of [he final Cerrificare for
Paymcnr for acrs or failures tv act occurring after Suhsrantii
Completion.
9.4 The Owner md Archlrect waive all rlghrs againsr Tach
orher and againsr [he conrr3crors. consulranrs, agenrs 2nd
employees of the orher for damages, bur only ro [he exrenr cov-
ered by properry insurance during consrruclion. excepr such
righrs a [hey may have to the proceeds of such insurance as Sef
forth In [he edlrlon of AIA Documenr A20 I, General Condxions
of the Conrracr for Construction, current as of the dare of rhis
Agreemenr. The Owner and Archtrecr each shall require similar
wivers from their conrracrors. consulranr~ and agenrs.
9.5 The Owner and Archirecr, respecrirely, hind themselws,
[heir partners, successors, arsigns and legal representatives 10
sors. assigns and legal represenrarives of such other pan? wirh
rhe orher party 10 rhis Agreemenr and 10 rhe partners. succes-
respect to all co\,enanrs of rhis Agreemenr. Neirher Owner nor
Archirecr shall assign [his Agreement without [he wrirren con-
sen[ of the other.
9.6 This Agreement represents the entire and inregrated agree-
prior negotiarions, represenrat~ons or agreemenrs, either wrir-
men1 between [he Owner and Architecr and supersedes all
[en or oral. This Agreemenr may be amended only by writlen
instrument signed by borh Owner and Architect.
9.7 Nothing conrained in this Agreemenr shall create a conrrac-
tual relationshtp wrh or a cduse of acrion in favor of a rhird
pmy against either [he Owner or Archirecr
9.8 Unless orherwise provided in rhis Agreemenr, [he Architecr
a?d Archlrect's consultanrs shall have no responsibility for [he
discovery presence, handling, removal or disposal of or expo-
sureofpersons to hazardous marerials in any form at [he Project
sire, mcludvlg bur nor hired IO asbestos. asbestos producr5,
polychJoMared biphenyl (PCB) or other tosic subsrances.
9.9 The Architect shall have [he right Io include represenra-
tions of [he dcslgn of [he Project, Including phorographs of [he
exrerior and interlor, among the Archirecr's promorional and
professional mater!aIs. The ArchItecl'S marerials shall nor
include the Owner's confidential or proprierary informarton if
the Owner has previously advised [he Architect in wriring of
7 8141-1987 AIA DOCUMENT 8141 * OWNER-ARCHITECT AGREEMENT * FOURTEENTH EDITION Ah' * 01987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N W, WASHINGTON. D C. LOW6
WARNING: unlicensed photocopying vlolates U.S. copyright law and is subject to legal prnsecution
[he specific informarion constdered by rhe Owner to be confi-
dential or proprietar).. The Owner shall provide professional
credir for the Architecr on rhe consrrucrion sign and in the pro-
morional marerds for [he Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
salaries of rhe Architect's personnel engaged on the Project 2nd
10.1.,1 Direct Personnel Expense is defined a5 the direcr
rributions and benefits related [hereto, such as employment
the portion of [he cos[ of [heir mandarory and customary con-
taxes and other statutory employee benefits, insurance, sick
leave, holidays. vacations, pensions and simdar conrriburions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses arc in addition to comprnsa-
[ion for Baic and Addirtonal Services and include expenses
sulrmrs in the intcrest of [he Projccr. as idcnttfied In the folio\\-
incurred by the Architect and Archlrect's empklyers and con-
ing Clauses.
10.2.1.1 Expence of rransporrarion in connectton with the
travel; long~disrance communicarions; and fees pJid for Secur~
Prolecr, expenses in connectioll with authorlrcd ouwfhoun
ing approval of aurhoritics having lurtxlicrion uver rllc Projccr
10.2.1.2 Expense of reproducrlons. pmrlgc and handltng uf
Dmwings, Specifications and other documenrs.
10.2.1.3 If authorized in adunce by file Onner, expenhe of
uverrime work requiring higher rlian regular rates.
10.2.1.4 Expense of rcndctin&s, modds and mock-ups requested
by the Owner.
10.2.1.5 Expense of additional insurance coverage or Ilmirs,
Owner in excess of rhar normall) carrled by rhc Architect and
including professional liabiliry tnsurancc, requcstcd by rhe
Archirecr's cunsulrants.
10.2.1.6 Expense of compurer-aided design and draftmg
equipment lime whcn used in connecrion with [he Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An inlrial payment as ser forrh in Paragraph I I. I is the
minimum payment under [his Agreement.
10.3.2 Subsequent paynenrs for Basic Services shall be made
monrhly and, where applicable, shall be in proportion IO ser-
uices performed within each phase of service. on [he basis ser
forrh in Subparagraph 11.2.2.
Subpmgrdph I1.5.1 of tho Agreement is exceeded or emended
10.3.3 If and 10 the exrenr rhar the time inlrlally established in
rhrough no faulr of [he Architect. compensation for any ser-
computed in [he manner set forth In Subparagraph 11.3.2.
vices rendered during [he additional period of rime shall be
srruction Cos1 and any porrions oi rhe Project are delered or
10.3.4 mhen compensation is based on a percentage of Con.
otherwise nor construcred, compensxion for [hose portions of
the Prujecr shall be payable to [he extcnr services are per-
iornied on [hose porrirms, In accordancr with !he schedule set
bid or negor~aled proposal, or (2) If no such bld or propor~l is
lorrh in Subpar~graph 11.2.2, based on (I) the lowesr bona fide
Cost or dcrailcd rsrmiatc of Consrrucrm Cosr for huch p)r-
recelved. [he most rrccnr preliminary estimate of Consrrucrion
lions uf the Pr{,jecr
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Pdymcnrs on acco~~nr nf the Archirccr'h Add!tton:tl
Srrvtcch :tnd lor Rcimburs:lblc Evpcnscr sIi:~11 he liiadc !monthly
upon presentation of rhr Archlrrcr's sr.wmcnr of sen ices re%
dered or exprnscs incurred
10.5 PAYMENTS WITHHELD
10.5.1 So dcducrwn% shdl be m3de from [lie Architccr', com-
pensarton on accuunt of penalty, liquidared damages or olhcr
sums nilhhrld Inm payments to conrr:lclorh, or on xcuunr UT
the cojr nf chmgo In rhc Work other than [hose for n hich the
Archwcr hs been found ro bc liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Rccords of Reimbursable Expenses and expenses per^
raining ro Addirional Service, and scrvices pcrformrd on the
able IO rhe Owner or [he Owner's authorized represent3rire 31
hais of a multiple of Direct Pcrsonnel Expcnx shall be avail-
mutuall! conrenlenr limes.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate [he Archirecr as follows:
11.,1 AN INITIAL PAYMENT of
shall be made upon execurlon of [his Agreemenr and credired lo the Owner's account ar final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as descrlbed in Arriclr 2, 2nd an). orher services included in Arricle I2 a5 part of Baric Services, Baic
Compensation shall be computed as follows:
"er'.~jra~)
zero Dollars(S 0.00 1
(iwrrl burls <V mmp'~n5oliun. 2~JCltdJng ri!plIrrred sunns, nluir!~ies (Ir pera.ninges, u,id idevl2jJ piJcuc1 tu u,l>l<h iJurlicuiur n~elimdf ,g LOalPc'~Snilu,r 'qlpi!, Y
Compensation shall be a fixed fee based on 5% of the construction cost. Compensation
dated July 23, 199; (Exhibit B) shall be credited against this fixed fee.
for services performed in accordance with Preliminary Architectural Sezvices Propsal
rand amendment dated November 27, 1931
AIA DOCUMENT 0141 . OWNER-ARCHITECT AGREEMENT * FOURTEENTH EDITION. ALA* * @I987
THE AXIERICAN INSTITbTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C 20006 8141-1987 8
WARNING: unlicensed photocopying violates U.S. copyright Ihs and is subject 10 legal Pmseculion.
11.2.2 Where compensarion is based on a sripulared sum or percenrage of Construction Cnsr. progress paymenrs for Bsic Senices
in each phase shall 10131 rhe following percentages of [he total BUIC Compensarim payahle:
(lmwt addiiio,roi pham ar nppmpriow)
Monthly in proportion of services rendered.
Schemaric Design Phase: percent ( 1 5%,)
Design Developmenr Phase: percent( 20%)
Consrrucrion Documenls Phae: percenr ( 45%)
Bidding or Negotiarion Phase. percent( 5%)
Consrrucrion Phase: percenr ( 15'~)
Toral Bzsic Compensation: one hundrcd pcrcenr(l00%,)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SER\'ICES, 15 dcscrihrd in Paragraph 3.2, cornpensarion shall be cum-
pured as follnws:
Not Applicable
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, lncludlng add~riunal strucrural, mechanical and elecrrlcal engineering
serwces and [hose pro\,ided under Subparagrdph 3.4.17 or Identified in Article I2 as parr of Addirional Services, a multiple of
one point zero ( 1 -0 ) rimes rhe amounrs billed ro the Architect fnr such services.
(idPlllt[v r,~e<r/ri !)per ojcurouiiunrr iu Arrlde 12, 'I re,pc!red)
11.4 REIMBURSABLE EXPENSES
Expenses. a multiple of one point zero 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other irems included in Arricle 12 as Reimbursablc
( 1 .O )times [he expenses incurred by [he Archlrecr, rhe Archirecr's
employees and consulrants In the inreresr of [he Prolecr.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have nor been complered n,irhin fourteen
( 14 ) monrhs of rhe dare hereof, rhrough no faulr of rhe Archirecr. exrewon of The Archirecr's sewices beyond thar rime shall be
compensated ai provided in Subparagraphs 10.3.3 and II.3.2.
11.5.2 Payments are due and payable thirty ( 30 ) days from [he dare of [he Archireds invoice.
Amounrs unpaid thirty
in the absence [hereof at the legal rare prevailing from time 10 rune a1 [he principal place of business of the Architect.
( 30 ) days aher the invoice date shall hear inreresr 11 the rare enrered below, or
(Insen ~a~eo/i,r~e~rr~ablrrrdu~~r) The rate of interest for past due payment shall be one pint
five (1 .?%). Er month (Usury laws an reyulr enls undrr the &derai ruth 171 Lending A<,, similar sml nnd loco1 Comumel CrPdil iou's owl Oihm reglrlrrliolti ni the Owner I Ond Arch+
redl pnrlripol placer o/ buzness, ,he I~alion 01 rhe Prqpcr and elsewhwe ma). aflmt rbr r'oi!d!,y oj Ihls po~'wo~~ SDerqcc iqai ~I'ICC shr,uld he Obhll~led r!'i!h
respec1 I,, deielmns or modtJi<arionr. ~nd alru reprdiq reyeiremr,rrr r~ch a UTIII~ driciorercr or W"!L err.)
9 B141-1987 AIA DOCUMENT 8141 . OWXER-ARCHITECT AGREEMENT. FOliRTEENTH EDITION * AlA' 61987
THE AMERICAX INSTITUTE OF ARCHITECTS, 1735 NEW YORK Ak'ENUE. N W WASHINGTON. D C ZWo(7
WARNING Unlicensed photocopying violates U.S. Copyright laws and is subject to legal pmseculion.
11.5.3 The rates and multiples set forth for Addirional Services shall be annually adjusted in accordance with normal salary review
practices of be Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
See Attached Exhibit A.
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
CAUTION: YOU should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AI,% DOCUMENT El41 m OWNER-ARCHITECT AGREEMENT * FOURTEENTH EDITION . AtA' ' 01987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON. D C. 20006
WARNING Unllcsn.Ld pholDcoWlng vlolales US. CoWrIght 1- and IS Evbjul IO I@ PmSUUIlOn.
0141-1987 10
EXHIBIT A
ARTICLE 12
OTHER CONDITIONS OR SERVICES
corporation and, therefore, is subject to statutory requirements
12.1 "The architect acknowledges that the owner is a municipal
regarding the awarding of bids for public projects. The architect
shall be responsible for preparing all bidding documents, contract
documents and related documents in conformity with Wisconsin
bidding laws. I'
12.2 The Owner shall determine the kind and amount of insurance,
suretyship and/or bonds to be carried during construction and the
sufficiency of the evidence that such coverages are enforced.
may call for certain coverages in the Contract Documents and may
Should the Owner fail to make such determinations, the Architect
administer them, but solely as an expression of his opinion and not
as determinations for which he assumes responsibility.
terminate the employment of the Architect for services covered
12.3 If the Owner, or its successors and assigns, elects to
under this Agreement, and uses the Drawings and Specifications to
complete the project, without Architect's written consent, the
Owner and its successor and assigns shall indemnify and hold the
Architect harmless against liabilities, costs, and expenses arising
from use of the Architect's drawings and specifications, except
connection with, the negligence or willful misconduct of the
for liabilities, cost and expenses resulting from, or occurring in
Architect.
12.4 The parties acknowledge that the Schematic Design Phase has
been completed and fees paid for in accordance with the attached
agreement Exhibit B and incorporated as part of this agreement.
The fee's paid shall be credited against the Basic Compensation
stated in Article 11.2.1.
or companies furnishing services, labor or materials for the
12.5 In accordance with Wisconsin Construction Lien Laws, persons
construction on the Owner's land, including the Architect, may have
lien rights on the Owner's land and buildings if not paid. Those
entitled to lien rights in addition to the undersigned architect
are those who contract directly with the Owner or those who give
the Owner notice within 60 days after they first furnish labor or
materials for the construction. Accordingly, the Owner probably
will receive notices from those who furnish labor or materials for
the construction, and should give a copy of each notice received
to the Owner's mortgage lender, if any.
EXIIIBIT B
July 23, 1991
Chief Lloyd Pickart
Muskego Volunteer Fire Department
City of Muskego
W182 58200 Racine Avenue
Muskego, Wisconsin 53150-0903
P.O. Box 903
Re: Fire House Facilities
Preliminary Architectural Services Proposal
Dear Sirs:
PSI Design (the Architect) is pleased to submit this letter as our
the City of Muskego (the Owner) in connection with improvements to
formal proposal to provide preliminary architectural services to
the city's fire house facilities, which will take the form of some
combination of renovations and addition to existing Volunteer Fire
Station No. 1 on Janesville Road, Muskego, or a new freestanding
property, (the Project).
fire station on property to the north of the historical society
Accordingly, the Architect and the Owner agree as set forth below:
ARTICLE 1: BASIC SERVICES
The following tasks and duties, specifically included as Basic
Services, are to be provided within the terms of this Agreement by
the Architect to, or on behalf of, the Owner, as follows:
1. REVIEW OF PREVIOUS PLANNING EFFORTS: As directed and aided
by the Owner, the Architect shall receive and review
documents, including lists of desired features, partial or
complete architectural program, memos, minutes, and other
materials pertinent to the Architect's comprehension of the
Project and the Owner's objectives and expectations for the
Project.
0
2. OWNER/ARCHITECT CONFERENCES: The Architect shall meet with
designated Owner's representative(s) for the purpose of
ascertaining the City's objectives, constraints, and 8
(continued)
Chief Pickart
July 23, 1991
Page 2 of 6
3.
4.
5.
6.
7.
8.
.m
expectations for the Project, as well as to become generally
Department, and its ohjectives and expectations for the
acquainted with the operational characteristics of the Fire
Project.
INVENTORY OF EXISTING SPACE AND CONDITIONS: The Architect
shall visit the sites so as to become generally familiar with
prevailing conditions.
PROGRAMMING ASSISTANCE: With the Owner's participation,
prepare a prioritized list of features to be included in the
Project for review and approval by the Owner's designee(s).
SITE ANALYSIS: The Architect shall review Owner-provided
documents describing the existing sites, including boundaries,
natural and man-made features, pedestrian and vehicular
traffic flows, general surrounding features, parking and
access, and other characteristics of the site. The Architect
shall prepare sketches graphically depicting site boundaries
and features for use in explaining the sites and the Project,
and in sufficient clarity to allow the Owner to make basic
site selection and other major decisions.
SCHEMATIC DESIGN: Based on the results and work-product of
1 through 5 above, the Architect shall prepare for the Owner's
documentation depicting alternative designs for the Project,
review and approval sketches, drawings, and other
as appropriate to explain proppsed sizes, building layouts,
including site plan, floor plan(s), elevations, and sketches
and configurations.
PROJECT BUDGETING AND COST ESTIMATING: The Architect shall
assist the Owner in establishment of a Project Budget, which
of the Project. The Project Budget shall include contingency
is to be updated and refined during the course of development
amounts appropriate to the various stages of project
refinement to which the project has progressed, and which
acknowledge the stage of construction cost-certainty attained.
PROJECT PLANNING AND SCHEDULING: The Architect shall assist
requested, in advising the Owner as to possible construction
the Owner in development of a Project Schedule, and, as
contract types, methods, and means of constructing the
Project.
(continued)
. . . .. .. " . .. .
Chief Pickart
July 23, 1991
Page 3 of 6
ARTICLE 2: ADDITIONAL SERVICES
When and if instructed by the Owner, the Architect will provide
services in addition to those defined in Article 1 for additional
option, and might include items such as:
compensation as defined herein. Such services are at the Owner's
Making detailed measured drawings.of existing conditions
when available documents are inadequate or incomplete.
Making changes to the Work of the Project when such
changes are inconsistent with the Owner's previous
control of the Architect.
instructions or approvals, or are otherwise beyond the
Appearing on more than one (1) occasion before local
municipal councils, boards, or commissions for the
purpose of seeking formal approval of the Project.
Preparing scale models or detailed colored renderings
(such as for press releases).
ARTICLE 3: OWNER'S RESPONSIDILITIES
This Agreement acknowledges that successful development of this
Project will depend on the Owner's cooperation with the Architect.
Accordingly, the Owner shall be responsible to the Architect under
this Agreement as follows:
1. To provide full and complete requirements for the
Project.
2. To provide the Architect with plans and other drawings
and documents describing existing conditions of both
sites, including construction or renovation drawings and
specifications, if available, a certified survey showing,
as applicable, boundaries, natural and man-made features,
other features and restrictions of the site.
easements, utility locations, topography, setbacks, and
3. To assign a Project Representative who will expedite
communications to the Architect are to be taken as
information transfer to and from the Architect, and whose
representing the Owner.
(continued)
. .. . .. .. ~.
Chief Pickart
July 23, 1991
Page 4 of 6
4. To seek and secure n ec
consensus from various controllina bodies and
:essary approvals, opini
indiv
ons and/or
,iduals
prior to directing the Architect, sdas to avoid the necessity
for re-doing the Architect's work.
5. The items cited as Owner's responsibilities shall be
provided at the Owner's expense, and the Architect shall
be entitled to rely upon the completeness and accuracy
thereof.
ARTICLE 4: FEE
The Architect proposes to provide Preliminary Architectural
Services as defined in Article 1 for a fixed-fee of Two Thousand
Five Hundred Dollars ($2.500.00.)
Additional Services (if any) such as listed in Article 2 shall be
compensated for the time of technical pe,rsonnel (architects and
engineers) assigned to the project at the Architect's Normal and
Customary rates.
ARTICLE 5: REIMBURSABLE EXPENSES
In addition to the fixed €ee amount for basic services and
additional services (if any), out-of-pocket expenses directly
attributable to the Project, including but not limited to long
distance telephone calls, copying, reproduction, photographic
materials and processing, automobile mileage, and other expenses
be considered as reimbursable advances by PSI Design, to be paid
incurred by PSI Design, Inc., its employees and consultants, shall
by the Owner without markup.
ARTICLE 6: PAYMENTS TO THE ARCHITECT
Additional Services, and for Reimbursable Expenses, shall be made
Payments to the Architect under this Agreement for Basic and
by the Owner; upon receipt of monthly invoices from the Architect.
Such invoices shall be in direct proportion to the cost of
professional services rendered and expenses incurred as of the date
of each invoice. Payments on account of services rendered shall
be due within thirty (30) days of the invoice.
(continued)
Chief Pickart
July 23, 1991
Page 5 of 6
An initial payment in the amount of Five Hundred Dollars ($500.00),
to be considered as a retainer and credited to the Owner's account,
is payable upon return of a signed copy of this Agreement to the
Architect.
ARTICLE 7: PROJECT CONTINUATION
In the event that the Project proceeds into subsequent stages
to the Agreement intend to execute a formal fixed-fee contract for
(construction drawings, bidding, construction,. etc.,) the parties
continuing architectural services, using an American Institute of
Architects "Standard Form of Agreement Between Owner and Architect''
(AIA Form 8-141, 1987 Edition), or some other mutually-acceptable
AIA "8-141") not to exceed 5% of the Project Construction Cost.
agreement, with fee amount for Basic Services (as defined in the
In that event, amounts paid to the Architect by the Owner under
this agreement shall be credited against the maximum fee amount for
full architectural services. Nothing in this paragraph binds
either party to enter any further agreement.
ARTICLE a: SPECIAL PROVISIONS
The following special provisions are part of this Agreement:
1. It is understood by both parties that this Agreement does
not contemplate handling of, or design including use of,
asbestos or any hazardous waste material. Therefore, the
Owner agrees to hold harmless, defend and indemnify the
Architect and his consultants against all claims,
the handling, use, treatment, purchase, sale, storage or
lawsuits, expenses or damages arising from or related to
waste materials.
disposal of asbestos, asbestos products or hazardous
2. If the Owner, or its successors or assigns, elects to
terminate the employment of the Architect for services
covered under this Agreement, and uses the Drawings and
Architect's written consent, the Owner and its successors
Specifications to complete the Project without the
and assigns shall indemnify and hold the Architect
harmless against liabilities,, costs, and claims arising from
the use of the Architect's Documents, except for liabilities,
costs, and claims resulting from, or occurring in connection
with, negligence of the Architect.
(continued)
Chief Pickart
July 23, 1991
Page 6 of 6
ARTICLE 9: TERMINATION
The Owner reserves the right to terminate this Agreement at any
time, and for any reason, with his financial liability under this
Agreement limited to the cost of work performed and expenses
incurred by the Architect to the date of written notice of
termination.
(end of Agreement Provisions)
Agreement, please return a signed copy to PSI Design, Inc., and
If you are in accord with the terms and conditions of this
retain the other for your files.
Most respectfully submitted,
PSI Design, Inc., Architects
Daniel' P. Christiansen, AIA
Executive Vice President/Principal Arch litect
DPC : zds
Accepted for PSI Desiqn. Inc.
../ . \ ,/- * , r. '
/
.. I -f* (6 .... -.,. Date I/ i-&[j 11 -
Daniel'p. Christiansen, AIA
Accepted for the City of Muskeqo
BLM:prohouse3 (end 1
.
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #189-91
APPROVAL OF ARCHITECTURAL FIRM
Muskego Volunteer Fire Company Station
WHEREAS, the Muskego Volunteer Fire Company has requested that
improvements be made to the fire house facilities, and
WHEREAS, the Architectural Control Steering Committee has
selected the firm of PSI Design, Inc. of Big Bend to provide
preliminary architectural servlces to manage the design and
renovation of the Muskego Volunteer Fire Company Station No. 1
for a fixed fee of $2,500 plus reimbursable expenses as
identified in the proposal, and
WHEREAS, the Finance Committee recommends approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the selection of PSI Design, Inc.
to provide preliminary architectural services to manage the
design and renovatior. of the Muskego Volunteer Fire Company
Station No. 1 for a fixed fee of $2,500 plus reimbursable
expenses as identified in the proposal.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the attached Agreement as amended in the name of the
City, subject to review by the City Attorney.
DATED THIS 23RD DAY OF JULY , 1991.
SPONSORED hY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
Resolution #189-91 which was adopted by the Common Council of
the City of Muskego.
7/91cac
AMENDMENT TO PRELIMINARY ARCHITECTURAL SERVICES PROPOSAL
MUSKEG0 ("OWNER") AND PSI DESIGN, INC. ("ARCHITECT") FOR
AGREEMENT DATED JULY 23, 1991 BY AND BETWEEN CITY OF
MUSKEGO VOLUNTEER FIRE'COMPANY STATION NO. 1
The Preliminary Architectural Services Proposal Agreement, Articles
1 through 9, dated July 23, 1991, attached hereto (the
Architect except as amended and supplemented herein.
"Agreement"), shall govern the relationship between the Owner and
Therefore, the Owner authorizes the Architects to provide
architectural and engineering services in accordance with the
Design Development Phase as defined in this amendment, for
Station NO. 1 on an hourly rate basis with fee for services not to
renovation and addition of the Muskego Volunteer Fire Company
exceed Ten Thousand Dollars ($lO,OOO.OO) plus reimbursable expenses
as identified in the Agreement (this is in addition to the
previously authorized fee of $2,500.00.) Fee compensation paid to
the Architect by the Owner under this amendment shall be credited
against the maximum fee amount described in Article 7, PROJECT
CONTINUATION. The Architect agrees to inform the Owner of the
progress of the Work, in the form of reports and Design Development
Documents, in relationship to the maximum fee that is part of this
amendment.
Architectural and Engineering services provided as part of the
Design Development Phase shall consist of continued development and
expansion of Schematic Design Documents to establish the final
scope, relationship, form, size and appearance of the Project
through: plans, sections, elevations, typical construction
details: basic structural systems and sizes: approximate mechanical
capacities of electrical systems and equipment; and presentations equipment sizes and layouts: approximate layout, sizes and
and meeting with the building committee. The Owner agrees and
understands that the Design Development Documents are not developed
and completed in sufficient detail to be used for construction of
the Project.
OWNER: ARCHITECT:
Executfve Vice President