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CCR1998004COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #4-98 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND DURRANT ARCHITECTS, INC. FOR LIBRARY BUILDING WHEREAS, The Committee of the Whole directed the architect to design a 40,000 square foot, one-story library building to include some meeting rooms to be built at the Janesville Road site; and WHEREAS, The Library Board and Finance Committee have recommended contracting for the services of Durrant Architects, Inc. for this project. 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 Durrant Architects, Inc. to design an approximately 40,000 square foot, one-story library building to include some meeting rooms to be built at the Janesville Road site. BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Agreement in the name of the City subject to review of the City Attorney. BE IT FURTHER RESOLVED That the Mayor may make any necessary technical changes to the Agreement in consultation with the City Attorney. DATED THIS 27th DAY OF JANUARY 1998 SPONSORED BY: FINANCE COMMITTEE Ald. Domonic R. D'Acquisto Ald. David J. Sanders Ald. Nancy C. Salentine Deferred 1 I1 3/98 This is to certify that this is a true and accurate copy of Resolution #4-98 which was adopted by the Common Council of the City of Muskego. K WLA Clerkdreasurer 1198jmb v 01/23/1998 18:57 4145489211 ARENZ MOLTER MACY OALE W. ARLNZ DONALD 8. MOLTER. LIR January 23, 1998 PAGE 01 VIA FAX TOTAL PAGES 3 Mayor David L. De Angelis CITY OF MUSKEGO Poet Office Box 749 Muskego, Wisconsin 53150-07,49 Re: Librarv/Arcw'a Contract Dear Mayor De Angelis! On January 22, 1998 I received a faxed copy of the January 22, 1998 letter from Architect Olson along with the attached proposed agreement. I have the following comments: 0 A. Per our telephone conference of January 22, 1998, the amendment referred to in the January 22, 1998 architect's letter as to Article 10.2 must be finalized between Joe Eberle and the architect. I do not know how thie is eupposed to fit into the contract. =IS SHOUTaD BE CnMPJ.RTED -. B. As to the proposed changes to Article 12.1 and 12.2 in the January 22, 1998 architect's letter, I will propose "?,D PRIOR TO A alternative language later in my comments. ~~€U.GES PPROVAL. C. As to the contract itself, I have the following comments as to form and corrections: 1. Per our conversation, you are aware of the change in the definition of the building to be constructed on the cover page and that it now references a new 40,000 square foot #community library only. 2. As to Section 6.1 and 12.6, I have the following original intent as to these paragraphs. Ae to Section corrections These corrections ahould clarify my 6.1, delete ):he typed in portion and replace it as follows: 'I. . ., or a8 provided in Section 12.6." As 01/23/1998 10:57 4145489211 ARENZ MOLTER MACY PAGE 02 a Mayor David L. De Angelis -2 - 3. 4. 5 6. 7. ‘0 RIFFLE. S.C. January 23, 1998 to Section 12.6, delete said paragraph and replace it with the following language: documents may be used by the Owner if the Owner, or its “The Architect’s drawings, specifications or other euccessors and assigns, elects to terminate the employment of the Architect for services covered under this Agreement, and uses the Drawings and Architect‘s written consent, if the Owner and its Specifications to complete the project with or without successor and assigns indemnifies and holds the Architect harmless against liabilities, costs, and expenses arising from use of the Architect’6 drawings and epecifications, except for liabilities, coat and expenses resulting from, or occurring in connection with, the negligence or willful misconduct of the Architect. I‘ As to Section 11.2.1(2), please note the reduction in fee from 11% to 10%. As to Section 11.3, please note the addition of direct personnel expenses spelled out in the contract. As to Section 11 5 2, pleaee note when bills are due and the amount of interest to be paid. As to Exhibit A, please note the alternative dispute resolution paragraph. As to Section 12.1, I propoee the language be amended to read as follows: “Certain civil engineering services will be provided by firm retained by Owner. The services to be performed by the civil engineering firm retained by the Owner will be the preparation of contract documents for grading, road and parking design, storm will be etamped by engineering firm and included in detentionjretention, and sanitary design. Drawings Durrant’e bidding package Durrant will coordinate engineering services and provide all other construction by this agreement which have not been specifically observation eervices and all other services called for 81/23/1998 18:57 4145489211 ARENZ MOLTER MPCY PAGE 03 uw orrlcra OP ARENZ, MmDL'tER. MACY & RIFFLE. S.C. Mayor David L. De Angelis -3- January 23, 1998 B 9 deleted from said agreement. Durrant will credit Owner a lump 6um of $8,000 for the work described in this paragraph to be performed by the civil engineering Owner?) firm." (How and when will this credit be received by As to Section 12 2, I propose the language be amended to read as follows: and keep Architect updated a6 to construction progress. "Owner will provide all day-to-day field obeervation Durrant will provide all other services called for by this contract in this regard including, but not limited to, the following services: 1 2. Review of Contractor Application for Papent. Shop drawing review. 4. Construction Punch Liat. 5. Project Cloae-Out Requirements. 6. Coordination with City of Muskego. 3 Construction visit every two weeks. burrant will credit Owner a lump sum of $7,200 for this work to be performed by Owner." (How and when will this credit be received by Owner?) As to Section 12.3, is the 30,000 GSF referred to correct or should this be 40,0007 The necessary change6 should be made in advance of Tuesday's meeting queetiona, comments or corrections, please feel free to contact me. if the Council wishes to act on it by then. If you have any further Sincerely, ARENZ, MOLTER, MACY & RIFFLE, S . C . cc: Ma. Jean Marenda, Clerk (Via Fax, 3 Pages) Durrant Architects January 22, 1998 Lake Country Center 810 Cardinal Lane Hartland. WI 53029-2307 Fax: 414 367-6806 414 367~6880 Durrant Group Inc. A Part of The Dubuque. IA Madison, WI Eau Clam WI Hanland. WI Colorado Spnngs. CO Denver. CO Phoenix. A2 Tucson. A2 San Pinlon8o. TX Mayor David L. DeAngelis City of Muskego W182 S8200 Racine Avenue Muskego, Wisconsin 531 50 RE: Muskego Public Library & Community Center Muskego, Wisconsin Dear Mayor DeAngelis: Thank you for the opportunity to continue to be of service to the City of Muskego. .As requested, we have enclosed two revised draft copies of the standard AIA Owner and Architect Agreement B141. The Agreement outlines our scope of basic services and basis of compensation. All of the items that were identified in Attorney Molter's letter dated January 5, 1998 have been corrected. There are three areas which may still need his or your review. Article 10.2. It was requested that a definitive limit be set as to reimbursable expenses. We have retained the parameters for these in the contract. If a limit is to be set, we will establish a maximum of $25,000 for land survey, soil borings, DlLHR and City plan reviews and document printing for bidding purposes. Article 72. 7. The City will contract with their retained engineer to provide civil engineering services. Durrant will coordinate the effort and include their stamped and sealed documents in our bidding package. Durrant will observe construction of their work. Durrant will credit the City $8,000. Article 72.2. The City inspector will provide day to day observation of the construction and keep the Architect updated on its progress. Durrant will provide all other constructio~n observation service and credit the City 57,200. Mayor David L. DeAngelis City of Muskego January 22, 1998 Page 2 of 2 In addition, we have done some preliminary site studies with respect to building location, parking, building expansion, wetlands and retention areas. We are planning to meet with Joe Eberle to review initial ideas prior to meeting with the Library Committee. We are going to try to do this next week. If you would like to be involved, please call. Very truly yours, Gerald T. Olson, AIA Vice President GTOfbak cc: Joe Eberle FilelL Holly Sanhuber Durrant Architects a Lake Country Center 810 Cardinal Lane Hanland. WI 53029~2307 Fax: 414 367~6806 414 367-6880 Durrant Group Inc. A Part of The Madlson. WI Dubuque, IA Eau Clarre. WI Hanlaod. WI Colorado Springs. CO Denver. co Phoenix. AZ Tucson. A2 Sa" Anlonio. TX NEW FACILITY MUSKEG0 PUBLIC LIBRARY MUSKEGO, WISCONSIN PROJECT NO. 96274.00 October 13, 1997 November 5, 1997Revised January 9. 1998Revised January 22, 1998Revised PAGE 1 OF 2 SUMMARY OF PROBABLE PROJECT COSTS SINGLE STORY - 40,000 SQUARE FEET 1, Property Acquisition 2. Site Development A. ParkinglDrive Construction 110 spaces @ 3.5/1000 SF B. Grading, walks, landscaping, lighting C. Utility Extensions 3. Building Construction A. General Construction E. Mechanical Construction C. Electrical Construction D. Contingency @ 10% 4. Soil Investigation 5. Site Survey 6. Library Furnishings @ $12 SF (35,800 SF) A. WoodlSteel Library Furniture B. General Furnishings C. Window Treatment D. Signage E. Owner Furnishings 7 Movable EquipmenVPhone System 8. ArchitecturaVEngineering Fees @ 8.5% 9. Interior DesignlFurnishings @ 10% (minus 4,200 SF for meeting rooms) 10. Material Security System N/A 175,000 30,000 30,000 $235,000 $2,400,000 800,000 400,000 383.500 3,983,500 5,000 5,000 429,600 100,000 358,570 42,900 10,000 NEW FACILITY MUSKEG0 PUBLIC LIBRARY MUSKEGO, WISCONSIN PROJECT NO. 96274.00 October 13, 1997 January 9, 1998Rewised November 5, 1997Revised January 22, 1998RevIsed PAGE 2 OF 2 SUMMARY OF PROBABLE PROJECT COSTS SINGLE STORY - 40,000 SQUARE FEET 11. Moving Expenses 55,500 12. Document PrintinglMailing A. Building 100 sets @ $70 $7,000 B. Furnishings 30 sets @ $10 300 7,300 13. Code Review Fees 4,000 TOTAL sLGatZ3 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-Second day of January Nineteen Hundred and Ninety-Eight in the year of 0 BETWEEN the Owner. (Name and address) and the Architect: (Name and aaiims) City of Muskego W182 S8200 Racine Avenue Muskego, Wisconsin 53150 Durrant Architects. Inc. 810 Cardinal Lane, Suite 210 Hartland, Wisconsin 53029-2307 For the following Project: (Include derailed desprcn@ion 01 Project. loCalion. address and rcop) Professional Architectural, Engineering, and Interior Furnishing planning services for a new 40,000 square foot community library on Janesville Road in downtown Muskego. The Owner and Architect agree as set forth below Copyright 1917. 1926, 1948, 1951, 1953. 1958. 1961, 1963, l9U. 1967. 1970. 1974. 1977. 01987byTheAmericanlnslitule of Archilccls. 1735 New York Avenue. N.W.. Wlshingron, D.C. 20006. Reproducrion of the mxcrial hercm or subsunrial quotarion of ils provisions withour wrilten pcrmission of thc AlA vioI2Lcs the copyright laws of the Unircd Smcr 2nd will be subject to Icgal prosccution. AIA DOWMENT Bt4l OWNER-ARCHITECT AGREEMENT * FOURTEENTH EDITION * AMe * @I987 THE AMERICAN INSTITUTE OF ARCHITECTS. I735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. ZOOM 0141-1987 1 WARNING Unllcensed photocopying rldates US. sopyrlght lam and 1s subject to legal prnrecution. .I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Archirecr's services consist of [hose services pcr- consultants as enumerated in Arricles 2 and 3 of this Agreement formed by [he Architect. Archirecr's employees and Archirecr's and any orher services included in Arricle 12. 1.1.2 The Archirecr's services shall be performed as expcdi- riously 1s is consisrenr with professional skill and care and [he orderly progrcrs of [he Work.-, [he Archirecr shall submit for [he Owner's approval a schedule for [he performance of [he Archirecr's scrvices which may be adjusted as the Projecr proceeds. and shall include allowances for periods of rime required for [he Owner's revicw and for approval of submissions by authorities having jurisdicrion over the Projecr. Time limirs eslablished by rhis schedulc approved by [he Archirecr or Owncr. by the Owner shall not. except for reasonable caw, k excecded 1.1.3 The services covered by this Agreemenr are subject to rhc timc hitarions conrained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consisr of those described in Paragraphs 2.2 through 2.6 and anv other services identified in Arricle 12 as parr of Basic Services, and include normal srruc. runl. mechanical and elecrrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Archirecr shall review [he progm furnished by the Owner IO axerrah [he rcquiremenrs of [he Projccr and shall arrive at a mutual undersranding of such requiremenrs wirh the Owncr. 2.2.2 The Archirccr shall providc a preliminary evaluation of rcquiremenrs. cach in rcrms of the orher, subject IO [he limira- rhc Owner's program, schedulc and consrruction budger [ions set forlh in Subpangraph 5.2.1. 2.2.3 Thc Archirccr shall review with rhe Owner alternative approaches IO design and construction of the Projccr. 2.2.4 Based on rhc mutually agreed-upon program. schedule and construction budget requirements. rhe Archirecr shall prcpue. for approval by thc Owner, Schematic Design Doa. ments consisring of drawings and orher documenrs illurnring rhc sale and relationship of Projecr components. csrimatc of Consrmction Cosr based on currenr area, volume or 2.2.5 The Archirecr shall submit IO the Owner a pre1;iminary other unit cos!. a.3 DESIGN DEVELOPMENT PHASE 2.3.1 B1scd on rhc approved Schcmaric Design Documents and any adjustmcm authorized by the Owner in [he program, schedule or consrrucrion budger. [he Architecr shall prepare. consisting of drawings and orher documenrs IO fix and describe for approval by [he Owner, Design Development Documenrs the size and characrer of the Projecr as to architectural. srruc- orher elements as may be appropriale. rural. mechanical and elecrrical sysrems, marerials and such 2.3.2 The Archirecr shall advise the Owner of any adjusrments ro the preliminary esrimare of Consrrucrion Cosr. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Developmenr Docu- menrs and any furrher adjustments in [he scope or qualiry of rhc Projecr or in [he consrrucrion budger authorized by [he Owner, [he Architect shall prepare, for approval by [he Owner, Construction Documents consisring of Drawings and Specifica- lion of [he Projecr. [ions serring forrh in derail [he requirements for [he consrruuc. 2.4.2 The Archirccr shall [he necessary bidding informarion. bidding forms, the Condi- tions of rhe Contracr, and the form of Agreemenr between rhe Owner and Conrracror. 2.4.3 The Archirecr shall advise rhe Owner of any adjustmenu ro prcviou preliminary estimares of Construcrion Cosr indi. cared by changes in requircmcnts or general marker conditions. . 2.4.4 Thc AIchirecr shall assis1 the Owner in connccrjon wirht Ln [he Owner's responsibility for filing documenrs rcquired for a, V over [he Projecr. the approval of governmenral authoriries having jurisdicrion" a prepare f 2.5 BIDDING OR NEGOTIATION PHASE t 2.5.1 The Archirecr. following [he Owner's approval of the 0 of Consrrucrion Cosr. shall assis[ rhc Owner in obraining bids +- Construcrion Documenrs and of rhc lares[ preliminvy esrimarc 0' -2nd" ,- .- I .. .. t. award and prepare contracts for construction. -a, t E ._ 2.6 CONSTRUCTION PHASE-ADMINISTRATION - .- - OFTHECONSTRUCTIONCONTRACT + 2.6.1 The Archirecr's responsibility IO provide Basic Services 0 for the Consrrucrion Phase under rhis Agreemenr commences t wilh rhe award of the Conrracr for Consrrucrion and rermi- 2 nares a[ rhc earlier of [he issuance IO rhc Owner of [he final rial Complerion of [he Work. Certificare for Pavmenr or 60 diys after [he dare of Subsran- 6 2.6.2 The Archirecr shall providc adminisrnrion of the Con- ALA Document AZOl, Gcncrd Condirions of thc Conrncr for .E rracr for Construction as set fonh below and in [he edition of v orherwise provided in this Agrccmcnt and as mod i f i ed 5 Consrruction. currenr as of thc dare of this Agreemcnr. unless b the Archltect,to comply wlth Wlsconsln- 2.23 Duties, responsrbhtles and limlrarions of authoriry of the Archircct shall nor be resrricrcd, modified or cxrendcd withour wriucn agrcemenr of the Owner and Archirccr wirh conscnr of rhc Conmcror. which comnr shall nor bc unrmonably withheld. C 7J .- AIA DOCUMENT 8141 * 0WNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION * AMa * 01987 THEAMERICAN INSTITUTEOFARCHITECTS. 1735 NEW Y0RKAVENUE.N.W.. WASHINGTON. D.C. 2wo6 8141-1987 2 ._ ,. . ~. ., " ._.,. . _... .. . .. 0. 2.6.4 The Architecr shall be a representative ofand shall advise and consult wirh the Owner (I) during construction until final payment 10 [he Conrractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to Lime during the cor- rection period described in the Conrract for Construction. The Architect shall have author~ry 10 act on behalf of [he Owner only 10 [he extent provided in this Agreement unless otherwise modified by written insrrument. 2.6.5 The Archirect shall visit the sire a1 inrervals appropriare 10 the stage of construction or as otherwise agreed by the Owner and Arch~tecr in writing to become generally familiar determine in general if the Work is being performed in a man- with [he progress and qualiry of [he Work complered and 10 ner indicating that the Work when completed will be in accor- shall not be required to make exhaustive or conrinuous on4te dance wirh [he Contracr Documents. However. the Architect inspections to check the quality or quantiry of the Work. On the basis of on-site observations as an archirect. the Architect shall keep rhe Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner againsr defects and deficiencies in [he Work. (More exfensiue sile described in Paragraph 3.2.) represenfalion may be agreed lo ac an Addilional Service. as 2.6.6 The Architect shall nor have conrrol over or charge of techniques. sequences or procedures, or for safety precautions and shall not be responsible for construcrion means. methods. and programs in connecrion with the Work, since these are solely rhe Contractor's responsibiliry under the Conrract for Construction. The Architect shall not he responsible for the dmce with [he Conrract Documents. The Archirec~ shall not Contractor's schedules or failure to carry our [he Work in accor- have conrrol over or charge ofacts or omissions of [he Contrac. orher persons performing porrions of the Work. tor. Subcontractors, or [heir agents or employees, or of any 2.6.7 The Architect shall at all times have access 10 [he Work wherever it is in preparation or progress. 2.6.8 Excepr as may otherwise be provided in the Contracr Documents or when direct communications have been spe- cially authorized, the Owner and Conrracror shall communicate recr's consultants shall be rhrough the Architect. rhrough the Architecr. Communications by and with the Archi- 2.6.9 Based on the Archirecr's observations and evaluations of [he Contractor's Applicarions for Payment. [he Architect shall review and certify [he amounts due [he Contractor. 2.6.10 The Architect's cerrifinrion for payment shall consti- observations at the site as provided in Subparagraph 2.6.5 and cute a representation 10 the Owner, based on the Architect's on the dara comprising [he Contracror's Application for Pay- ment, rhar [he Work has progressed 10 [he point indicated and that. to the best of [he Architecr's knowledge. informarion and belief, quality of the Work is in accordance wirh [he Conrracr Documents. Thc foregoing representations are subject to an evaluation of [he Work for conformance with the Contract Documents upon Subsranrial Completion, to results of subse. quenr tests and inspections, to minor deviations from [he Con- tract Documenrs correctable prior 10 complerion and 10 spe. cific qualificarions expressed by the Archirect. The issuance of a Cerrificare lor Payment shall further constitute a representation that [he Conrracror is enritled IO paymenr in the mounr cerri- nor be a represenrarion that [he Archirecr har (I) made exhaus- lied. However, the issuance of a Cerrificate for Payment shall tive or continuous omsire inspections 10 check the quality or e quantity of rhe Work. (2) reviewed construction means. merh- of requisirions received from Subconrractors and marerial sup- ods, techniques, sequences or procedures. (3) reviewed copies pliers and orher dara requested by the Owner to substanriate the Conrracror's right 10 paymenr or (4) ascerrained how or for on account of the Contract Sum. what purpose [he Conrractor has uscd money previously paid 2.6.1 1 The Architect shall have authoriry to rejecr Work which Architecr considers it necessary or advisable for implementa- does not conform to the Conrracr Documents. Whenever the tion of the inrenr of [he Contract Documents. the Architecr will have authority to require addirional inspection or resung of Ihe Work in accordance with the provisions of [he Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neirher chis aurhoriry of the Archirect nor cise such authority shall give rise to a duty or responsibiliry of a decision made in good faith either 10 exercise or not IO exer- the Architect to the Conrracror. Subconrractors, material and equipment suppliers, their agents or employees or other per- sons performing porrions of the Work. 2.6.12 The Archirect shall review and approve or take other appropriare action upon Contractor's submitt& such as Shop Drawings, Producr Data and Samples, bur only for the hired purpose of checking for conformance wirh informarion given and the design concepr expressed in the Contract Documcnts. The Architecr's action shall be taken wirh such reasonable promptness as 10 cause no delay in the Work or in the con- srruction of [he Owner or of separate conrractors. while allow- ing sufficienr time in the Architect's professional judgment to ducred for [he purpose of determining [he accuracy and corn. permir adequate review. Review of such submirrah is nor con. plereness of other derails such as dimensions and quanrities or equipmenr or sysrems designed by the Conrracror. all of which for substantiating instrucrions lor insrallarion or performanceof remain [he responsibiliry of rhe Conrracror to the extent required by [he Contract Documents. The Architect's review shall nor constitute approval of safety precautions or, unless orherwise specifically stared by [he Archircct, of construction means, methods, techniques. sequences or procedures. The Archirecr's approval of a specific item shall not indicate approval.of an asembly of which the irem is a componenr. When professional certification of performance characterisrics of materials. systems or equipment is required by the Contncr certificarion to esrablish [hat [he marerials, systems or equip- Documents, rhe Archirecr shall be enrirled IO rely upon such tract Documents. ment will meet the performance criteria required by [he Con- 2.6.13 The Archirect shall prepare Change Orders and Con- sr~crion Change Directives. with supporting documentarion and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3. for rhe Owner's approval and may authorize minor changes in [he Work not involving an execurion in accordance wirh the Contract Documenrs. and adjustmenr in [he Contracr Sum or an extension of rhe Contracr Time which are not inconsistent with [he inrent of the Contracr Documents. 2.6.14 The Archirect shall conduct inspecrions 10 determine completion. shall receive and forward to [he Owner for the [he dale or dares of Substanrial Complerion and the dare of final Owner's review and records wrirren warranlies and related documenrs required by rhe Contracr Documents and asscm- bled by [he Contractor. and shall issue a final Cerrificare for Pay- men1 upon compliance wirh [he rcquirements of rhe Conlract Documenrs. 3 6141-1987 AIA DOCUMENT 8141 * 0WNER.ARCHITECT AGREEMENT FOURTEENTH EDITION. AlA. * @I907 THE AMERICAN INSTITUTE OF ARCHITECTS. I731 NEW YORK AVENUE, N.W.. WASHINGTON. D.C. Zoo06 a .. 2.6.15 The Architect shall interprer and decide matters con- cerning performance of the Owner and Conrnctor under thc enhcr rhc Owner or Conrractor. The Architect's response 10 requirements of the Conrracr Documents on wrirren request of such requests shall be made with reasonable promptness and within any timc Limits agreed upon. 2.6.16 Inrerpreutions and decisions of the Archirect shall be comistenr with the inrent of and reasonably inferable from the drawings. When making such inrerpretarions and initial deci- Conrract Documenls and shall be in writing or in the form of sions, the Archirecr shall endeavor 10 secure faithful perfor- mance by both Owner and Contracror. shall nor show partiality decisions so rendered in good faith. IO either. and shall not bc liable for resulls of inrerpremrions or 2.6.17 The hrchitect's decisions on rnarters relaring to aesthe- tic effect shall be final if consistenr with [he inrenr exprcssed in [he Conrracr Documents. 2.6.18 The Archirect shall render wrirten decisions within a reasonable rime on all claims, disputes or other marrers in ques- tion berween the Owner and Contracror relaring IO [he execu- [ion or progrcss of [he Work as provided in [he Conrracr Documents. 2.6.19 The Architect's decisions on claims, dispures or other marrers, including.rhose in question berween he Owner and Conmctor, excepr for hose relating to aesthetic effecr as pro- vided in SubDanaraDh 2.6.17. shall be subiecr rdtarbndaxas provided in ;his &eemer$ and in the Conrracr Documenls. Bispute resolution ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL in Basic Services unless so idcnrified in Article 12, and they shall 3.1.1 Thc services described in his Arricle 3 are not included be paid for by rhc Owncr as provided in this Agrecmenr. in addirion IO the compensation for Basic Services. The services if aurhorized or confirmed in wriring by [he Owner. If scrviccs described under Paragraphs 3.2 and 3.4 shall only be provided described under Contingent Addirional Scrvices in Paragraph conrrol. thc Archirccr shall notify rhc Owner prior to com- 3.3 arc rcquired duc to circumsrances beyond [he Archireds mencing such services. If [he Owner deems that such Services dcscribed under Paragraph 3.3 are not rcquired, rhc Owner shall give prompt writren notice to [he Archirecr. If the Owner indicares in wriring rhar all or pxr of such Contingent Addi- tional Services are not required. [he Archirect shall have no obli- garion to provide those serviccr. 3.2.2 Projccr Rep dircctcd by the Ar sarcd rhercfor 0 52 currcnt as of [he dare of [his Agreemc observations by suc tion for the Owne ncies in the Work, 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or orher documents when such revisions are: .1 inconsisrenr with approvals or insrructiom previously sary by adjusrments in [he Owner's program or Proj- given by [he Owner, including revisions made neces. ecr budget; .2 required by the enactment or revision of codes, laws or regulations subsequenr ro [he prepararion of such documents; or .3 due to changes required a a result of the Owner's fail- ure ro render decisiom in a timely manner. 3.3.2 Providing services required bcnuse of signifiani changes in [he Project'including, but not hired to, size, qual- ity, complexiry, the Owncr's schcdule, or thc method of bid- services required under Subpangraph 5.2.5. ding or negotiating and contracting for construction. except for 3.3.3 Preparing Drawings. Specifications and orher domen- ration and supporting dara. evaluating Conrracror's proposals. and providing orhcr scrvices in connection with Changc Orders and Consrrucrion Change Directives. 3.3.4 Providing services in connecrion wilh evaluaring subsri- rcvisions IO Drawings, Specificarions and orher documenration tutions proposed by the Contracror and making subsequcnr resulring therefrom. 3.3.5 Providing consultarion conccming replacemenr of Work damaged by fire or orher cause during consrmction, and fur- of such Work. nishing scrvices rcquired in connecrion wirh rhc replacemenr 3.3.6 Providing sewices made necessary by thc defaulr of rhe Conrracror. or by failure of performance of either rhe Owncr or Conrracror. by major defects or deficiencics in rhe Work of the Conrracror under the Conrracr for Consrrucrion. 3.3.7 Proviang xrvices in evaluaring an extensive number of claims submirtcd by the Conrracror or orhers in connection wirh [he Work. 3.3.6 Providing services in connection wirh a public hcuing, arbitmrion procceding or IC@ proceeding except where rhe Archirect is pvN [hereto. 3.3.9 Preparing documents for alrernate, separate or sequentill bids or providing services in connection wirh bidding. negotia- rion or consrruction prior 10 [he cornplerion of the Comtmc- rion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES .! 3.4.1 Providing analyses of the Owner's nceds and program ming [he requircmenrs of [he Project. 3.4.2 Providing financial feasibility or orher spccial srudies. 3.4.3 Providing planning survcys. sile evaluations or com- parativc srudies of prospecrive Sircs. AIA DOCUMENT Blll * OWNER-ARCHITECT AGREEMENT FOURTEENTH EDiTtON * AM'' *.@I987 THE AMERICAN INSTiTmE OF ARCHITECTS. I735 NEW YORK AVENUE, N.W.. WASHINGTON. D.C. 20006 6141-1987 4 0 3.4.4 Providing special surveys, environmental studies and submissions required for approvals ofgovcrnmental aurhoriries or orhers having jurisdicrion over the Projecr. 3.4.5 Providing services relative to future facilities. systems and equipment. 3.4.6 Providing services to invesrigate existing condirions or faciliries or IO make measured drawings [hereof. 3.4.7 Providing services to verify [he accuncy of drdwings or other information furnished by the Owner. 3.4.0 Providing coordination of construcrion performed by separate contractors or by [he Owner's own forces and coordi- nation of services required in connection with consrruction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with [he work of a con- srnmion manager or separate consulrants reraincd by rhe Owner. 3.4.10 Providing derailed esrimares of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of marerial. equipment and labor. 3.4.12 Providing analyses of owning and operating costs 3.4.14 Providing services for planning renant or rental spaces. 3.4.15 Making invesrigarions. invcnrories of mare& or equip ment, 01 valuariom and derailed appraisals of existing facdilies. 3.4.16 Preparing a ser of reproducible record drawings show- ing significanf changes in thc Work made during consrrucrion based on marked.up prints, drawings and other data furnished by [he Contractor ro [he Archirect. 3.4.17 Providing assistance in rhe urilization of equipment or systems such as testing. adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operarion and m~nrenance. and consulrarion during operarion. 3.4.10 Providing services after issuance to rhc Owner of the tificare for Payment. more than bo days after [he dare of Sub- final Cerrificare for Payment. or in the absence of a final Cer- stantial Complerion of [he Work. 3.4.19 Providing services of consultants for orher than archi. tecrural. srrucrural. mechanical and electrical engineering por- [ions of the Project provided v a parr of Bvic Services. 3.4.20 Providing any other services not otherwise included in this Agrecment or nof cusromarily furnished in accordance with generally accepted architecrural pracrice. 0 ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding set forrh the Owner's objectives, schedule, constninrs and cri- requirements for the Projecr, including a program which shall bility, expandabiiiry. special equipmenr. systems and Sire requirements. space requiremenrs and relationships. flexi- 4.2 The Owner shall establish and update an overall budger for the Project, including the Construction Cosr, [he Owner's orher cos& and reasonable contingencies relared ro all of these costs. 4.3 If rcquesred by the Archirecr. the Owner shall furnish evil dence char financial arrangements have been made to Fulfill [he Owner's ohligdrions under this Agreement. 4.4 The Owner shall designare a represenrative authorized to acr on the Owner's behalf wirh respect to rhe Projecr. The Owner or such aurhorized represenrative shall render decisions in a timely manner pertaining to documenrs submitted by the Archirect in order to avoid unreasonable delay In the orderly and sequential progress of the Architecr's services. 4.5 The Owner shall furnish surveys describing physical characreristics. legal Iimirations and uriliry locations for the sire of the Project, and a wrirren legal descrlption of the sire. The surveys and legal informauon shall include, as applicable, grades and lines of streers. alleys. pavemenrs and adjoining property and structures; adjacent drainage; rightsaf-way, resrricrions, easements. encroachments. zoning, deed restric- tions, boundaries and contours of [he site; locarions. dimen- sions and necessary data pertaining to existing buildings, other improvemenrs and trees; and informarion concerning available utility services and lines. both public and private. above and on the survey shall be referenced IO a project benchmark. below gnde. including inverts and deprhs. All the informarion 4.6 The Owner shall furnish [he services of georechnical engi. neers when such services are requested by the Architect. Such services may include but are nor hired ro test borings. rest pits, dererminarions of soil bearing values, percolation resrs. evaluations of hazardous marerials, ground corrosion and resis- riviry cesrs, including necessary operations for anriciparing sub- soil conditions, with reporrs and appropriarc professional recommendarions. 4.6.1 The Owner shall furnish rhe services of other consul- tants when such services are reasonably required by [he scope of the Projecr and are requested by the Archirect. 4.7 The Owner shall furnish srrucrural, mechanical, chemical. air and water pollution tests. tests for hazardous marerialr. and orher labonrory and environmenral tests, inspecrions and reporrs required by law or the Contracr Documents. 4.0 The Owner shall furnish all legal. accounring and insurance counscling serviccs as may be necessary at any time for the verify rhc Conrracror's Applications for Payment or Io ascertaln Projccr, Including auditing services the Owner may require 10 how or for what purposes the Conrracror has used the money paid by or on behalf of the Owner. 4.9 The services. informarion. surveys and reports required by expense, and the Architect shall be entitled to rely upon the Paragraphs 4.5 through 4.8 shall be furnished at the Owner's accuncy and complereness rhereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Conrracr Documenrs. 4.11 The proposed language of cerrilicates or cerrilications requesred of the Alchirect or Architect's consultanrs shall be submitted to the Architect for review and approval at leas1 14 days prior to execurion. The Owner shall nor rcquest certifica scope of this Agreement. lions [hat would require knowledge or services beyond [he ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construcrion Cost shall be rhe total cos! or esri. or specified by [he Architecr. mared cos[ IO [he Owner of all elcmenrs of [he Projecr designed 5.1.2 The Construcrion Cost shall include [he cost a1 currenr marker rates of labor and marerills Furnished by the Owner and equipment designed, specified, selecred or specially provided for by rhe Architect, plus a reasonable allowance for the Con- rracror's overhead and profir. in addition. a reasonable allow. ance for contingencies shall be included for marker conditions a[ [he rime of bidding and for changes in [he Work during consrrucrion. 5.1.3 Consrruction Cosr does no1 include rhe compensation of the Archirecr and Archirecr's consulrants, the costs of [he land, righrs-of-way. financing or other cosrs which are rhe respon. sibiliry of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluarions of the Owner's Projecr budget. preliminary srruction Cosr. if any, prepared by the Archirect, represenr [he csrimares of Consrrucrion Cost and derailed esrimares of Con- Architect's best judgment as a design professional familiar with the consrruction indusrry. 11 is recognized, however, that nei. rhcr the Architect nor the Owner has conrrol over [he cost of labor, marerials or equipmcnr, over the Conrncror's merhods of determining bid prices. or over comperitive bidding, market r negotiating condirions. Accordingly, the Archirecr mor d docs no1 wvlrran~ or represent [hat bids or ncgorinrcd prices will not vary from [he Owner's Project budger or from any cstimare of Construction Cosr or evaluation prepared or agreed IO by the Architect. 5.2.2 No fiicd limit of Consrrucrion Cos[ shall be csrablishcd as a condition of this Agreemenr by the furnishing, proposal or csrablishmenr of a Project budget. unless such fixcd limir has been agreed upon in writing and signed by rhe panics herero. If pcrmirred ro include contingencies for design, bidding and such a fixcd limir has been established, the Archirecr shall be price escalarion, ro derenninc whar marerills, cquipmenr. com- ponenr sysrcms and types of consrrucrion are IO bc included in [he Conrracr Documents, ro make rcasonable adjusmenrs in the scope of the Project and ro includc in chc Conrracr Docu- limir. Fixed hirs, if any, shall be increased in rhe amounr of an menu alternarc bids IO adjust the Consrrucrion Cos1 ro [he rued increase in the Conrracr Sum occurring after execution of rhc Contracr for Construction. 5.2.3 If the Bidding or Negoriation Phase has not commenced within 90 days afwr the Architect submirs rhe Consrruction Documents LO the Owner, any Project budget or fixed hit of gcncnl level of prices in the construction indusuy between rhc Construction Cosr shall be adjusted ro rctlecr changcs in rhc dare of submission of rhc Consrruction Documents IO the Owner and he dare on which proposals are soughr. 5.2.4 If a fixed limir of Consrrucrion Cost (adjusled as pro- fide bid or negoriated proposal, thc Owner shall: vidcd in Subpangraph 5.2.3) is exceeded by the lowar bona .1 give writrcn approvll of an incrcve in such. fucd .2 authorize rebidding or renegoriaring of [he Projccr 0. 0 hit; within a reasonable rime; .3 if the Projecr is abandoned, rerminatc in accordance .4 coopenre in revising rhe Projecr scope and quality as with Paragnph 8.3; or required ro ieduce [he Construcrion Cosr. 5.2.5 If [he Owner chooses IO proceed under Clause 5.2.4.4. [he Archirecr. without addiriond charge, shall modify [he Con- tracr Documents as necessary IO comply with the fixed limit, if esrablished as a condition of this Agrecmenr. The modificarion of Conrncr Documenrs shall be rhe limir of [he Architect's The Archirecr shall be entirled IO compensation in accordance responsibiliry arising our of the esrablishmenr of a.fiied limit. with this Agrcemenr for all services performed whether or not [he Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings. Spccificarions and other documents pre- pared by the Archirecr for this Projecr axe insrruments of rhe and, unless orherwise provided. the Archirecr shall be deemed Archirccr's sewicc for use solely with respect IO this Projecr [he author of these documenrs and shall rerain all common law, srarutory and othcr reserved rights. including the copyrighr. The Owner shall be pcrmirted ro rerain copies, including repro- ducible copies, of the Archirecr's Drawings, Specificarions and orher documents for information and reference in connecrion with the Owner's use and occupancy of [he Projecr. The Archi- used by rhc Owner or others on othcr projects, for addirions 10 reds Drawings, Specificarions or other documents shall no1 be [his Projecr or for complerion of this Projccr by orhers. unless [he Archirecr is adjudged 10 be in defaulr under this Agreemenl. cxcepr by agrecmenr in writing and with appropriare compen- sarion to rhe.Architecr. Th . s sect ion I s i? i ng i "8. on the oartles exceo+ as orovlded In ec Ion 12.6. 6.2 Sibmission or disrriburion of'documents LO meet official regularory requirements or for similar purposes in connection with [he Projecr is nor IO bc construcd as publication in deroga- [ion of [he Archirect's reserved rights. ARTICLE7 (See Exhibit A) V DISPUTE RESOLUTION ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either parry upon not less than seven days' written notice should the other party Agreement through no fault of he pany injtiating the termination. fail substantially to perform in accordance with the terms of this consecutive days, the Architect shall be compensated for ser- 8.2 If the Project is suspended by the Owner for more than 30 vices performed prior to notice of such suspension. When the Project is resumed, the Architect's Compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon evenr rhat [he Projecr is permanently abandoned. If the Project not less than seven days' wrmen noticc IO rhe Architect in the is abandoned by the Owner for more than 90 consecutive days. the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Archirecr in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may. upon seven days' written notice to the Owner. suspend performance of ser- by the Architect within seven days of the dJte of the notice, the vices under this Agreement. Unless payment in full is received of a suspension ofservices, the Architect shdl have no liabiliry suspension shall take effect without hrther notice. In the event of such suspension of services. to the Owner for delay or damage caused the Owner because 8.6 In the event of termination no1 the fault of the Archirecl. the Architect shall be compensated for scrvices performed prior to termination, together with Reimbursable Expenses then due 0 ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov. erned by the law of [he principal place of business of the Architect. 9.2 Terms in this Agreemcnt shall have the Same meaning as those in AlA Document AZOl, General Conditlons of the Con- tract for Construction, current as of the dare of thls Agreement. 9.3 Causes of action berween the parties to this Agreement accrued and the applicable statutes of limirations shall com- pertaining to acts or failures IO act shall be deemed to have pletion for acts or failures to act occurring prior to Substantial mence to run not later than either the date of Substantial Com- Completion. or the date of issuance of the final Certificate for Payment for acts or failures IO act occurring after Substantial Completion 9.4 The Owner and Architect waive all rights againsr each orher and against [he contractors. consultants. agents and employees of the other for damages, but only to the extent COY. ered by properry insurance during construction. except such rights as they may have to the proceeds ofsuch insunnce as set of the Contract for construction, current as of the date of this forth in the edition of AIA Document AZOl, General Conditions Agreement. The Owner and Architect each shall require similar waivers from their contractors. consultants and agents. 9.5 The Owner and Archirect. respectively, bind themselves. their partners. successors. assigns and legal representatives to the other party to this Agreement and to the partners. succes- sors, assigns and legal representatives of such other pany with respect to all covenants of this Agreement. Neither Owner nor Archirect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, represenra~ions or agreements. either writ- instrument signed by both Owner and Archirecl. ten or oral. This Agremrnt may be amended only by written 9.7 Nothing contained in this Agreemcnt shall create a conrrac- rual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless orherwise provided in this Agreement. the Architect and Architect's consultants shall have no responsibility for the discovery, presence. handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site. including bur not limited to asbestos. asbcstos producrs. polychlorinated biphenyl (PCB) or other toxic subsuncs. 9.9 The Architect shall have the right to include represents. exterior and interior, among [he Architect's promotional and lions of the design of the Project, including photographs Of the include the Owner's confidential or proprietary information if professional materials. The Architect's materials shall not the Owner has previously advised the Architecr in writing Of 7 8141-1987 AlA DOCUMENT B141 * OWNER-ARCHITECT AGREEMEKT FOURTEENTH EDITION . MA. * @I987 THE AMERICAN INSTITUTEOF ARCHITECTS. I735 NEW YORK AVENUE, N.W.. WASHINGTON. D C. 2ooo(r the specific information consldercd by [he Owner to be confi- denrial or proprietary. The Owner shall provide professional motional materials for [he Project. for the Archirecr on the construction sign and in the pro- ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as [he direcr sllaries of the Archirecr's personnel engaged on [he Project and [he porrion of [he cos[ of [heir mandarory and cusromary con- rriburions and benefits relared thereto, such as employmenr rues and orher sraturory employee benefirs. insurance, sick and benefirs. leave, holidays. vacations, pensions and similar conrriburions 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition ro compensa- [ion for Basic and Additional Services and include expenses sulranrs in the inreresr of the Projecr, as identified in [he follow- incurred by rhc Architect and Archirecr's employees and con- ing Clauses. 10.2.1.1 Expense of rmsporrarion in connection wirh the Projecr; cxpcnses in connecrion wirh aurhorizcd our.of-[own ing approval of aurhoriries having jurisdiction over [he Project. [ravel; long-distance communications; and fecs paid for sccur- 10.2.1.2 Expense of reproducrions. postage and handling of erawings. Specificarions and orher documents. 10.2.1.3 If aurhorizcd in advance by [he Owner. expense of overtirnc work requiring higherthan regulv rates. 10.2.1.4 Expw of renderings. models and mock-ups requared by [he Owner. 10.2.1.5 Expense of additional insurance covenge or limits. including professional liability insurance. requested by rhe Owner in cxcess of rhar normally carried by rhc Archirecr and Archirecr's consulrants. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES minimum paymenr under [his Agreement. 10.3.1 An initial paymenr v ser forlh in Paragraph 11.1 is the monthly and, where applicable, shall be in proporrion ro ser- 10.3.2 Subsequenr paymenrs for Basic Services shall be made vices performed within each phve of service, on the bvis set forrh in Subparagraph 11.2.2. Subpangnph 11.5.1 of rhir Agreemenr is exceeded or mended 10.3.3 If and LO [he exrenr [hat the rime initially csrablished in vices rendered during [he addirional period of rime.shall be rhrough no faulr of the Archirecr, compensarion for any ser- compured in [he manner ser forrh in Subparagraph 11.3.2. srrucrion Cost and any porrions of [he Projecr are delered or 10.3.4 When cornpensarion is based on a percenrage of Con- orherwisc not consrructed. compensarion for rhose portions of [he Projecr shall be payable LO [he exrenr services are per- formed on rhose porrions, in accordance wilh [he schedule ser forrh in Subparagraph I I .2.2. based on (I) [he lowest bona fide bid or negoriared proposal, or (2) if no such bid or proposll is receivcd, [he most recent preliminary estimare of Consrrucrion Cos[ or derailed esrimare of Construction Cosr for such por- [ions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Services and for Reimbursable Expenses shall be made monrhly 10.4.1 Payments on accounr of the Archirccr's Addirional upon prcsenration of [he Archirecr's sraremenr of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 NO deductions shdl be madc from rhc AIchirect.5 COm- pensarion on accounr of pcnalry. liquidated damages or orher sums wirhhcld from paymenrs 10 conrracrors. or on accounr of the cost ofchanges in the Work orher rhan rhose for which [he Architecr hv been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- basis of a mulriple of Direcr Personnel Expense shall be av3il- raining to Addirional Sen'ices and scrvices performed on [he able ro [he Owner or [he Owner's aurhorizcd represenrarive ar murually convenienr rimes. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate thc Architect as follows: shall be made upon execution of [his Agreement and credited IO the Owner's account at frill paymenr. 11.1 ANINITIALPAYMENTOf ONE THOUSAND-----------------------------Dollars(SI ,OOO.OO----) 11.2 BASIC COMPENSATION Compensauon shall be computed 1s follows: 11.2.1 FOR BASIC SERVICES, 1s described in Article 2, and any orher services included in Article 12 as parr of Basic Services. Basic (imor buurcu o/ compmmriop. inciud;ng rr;pulnad sum, muiliplrs or prrrenmpr. and idmli/y pbnrrr Io wbj'b prficdar merhods 01 compcnrorion apply, V nerrrroy) e ART I: 8.5% of construction cost of building. This will be converted to a lump sum PART 2: 10% of cost of furnishings. This wlll be converted to a lump sum at the end at the end of Design Development a? agreed between Owner and Architect. of Design Development as agreed between Owner and Architect. AIA DOCUMENT 8141 * OWNER.ARCKITECI AGREEMENT * FOURTEENTH EDITION * .4" ' @I987 THE AMERICAN ~NSTITUTE OF ARCHITECTS. 1731 NEW YORKAVENUE. N.W., WASHINGTON, D.C. 20005 8141-1907 0 WA~~~~~ "nllcenred phoroco~lng vlolale6 us. copyright Ims and 1s SUbieCt to legal Pmsecutlon. 11.2.2 Where compensarion is based on a sripulared sum or percentage of Construcrion Cost, progrcss payments for Basic Services in each Dhase shall total [he foliowine oercenraws of [he [oral Basic Comoensarion Davable: ., Schematic Design Phase: percenr ( 1 5 %) Design Developmenr Phase: percent ( 1 5%) Construction Documenrs Phase: Bidding or Negoriarion Phase: percent( 50%) percent ( 5%) Construction Phase: percent ( 1 5%) Total Basic Compensation: one hundred percenr (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES pured as follows: 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensarion shall be com- Hourly rates computed on the basis of 2.75 x a multiple of Direct Personnel Expense (D.P.E.) Principal $97.50 Engineer $75.00 Architect $75.00 Technician $50.00 Word Processor $30.00 Representarion, as described in hragraph 3.2, and (2) Services included in Article I2 as plrr of Basic Services. but excluding 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, orher rhan (I) Addirionll Projecr Services of consulranrs. compensdrion shall be compured as Follows: (i,,rrrr IXW.T q co,,,p,~,,~,m,,,~, I,lc~lrrlrrlg mm n,id~Alr nll,irrpir,r q D;WO i,vr.c,,,,,rc.i i:.ypw,.qL,jw rn,mp~ri.~ ,MI cwqdopL,s, mtt witwrgr I'rrucrpai.< omi da.w~.'r m,pi,!l.'.L1. I/ "'/,,,"'i~ i<iot,q,'>, .'pL.<!f#< .<?,,';<'..< ,,, ,Ci,id p r,,,, Clrirlr mr,i>r,<i.' ,(<,2#!,p,.,,.<,, 11,111 npp,: q rr'u'..L<,,r:,') :: . ': :. Hourly rates computed on the basis of 2.75 x a multiple of Direct Personnel Expense (D.P.E.) Principal $97.50 Engi neer $75.00 Architect $75.00 Technician $50.00 Word Processor $30.00 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional srructud, mechanicll and elccrrical enginecring services and those provided under Subpangraph 3.4.19 or idenrified in Article I2 1s pur of Additional Services. a mulriple Of one ( I ) times [he amounls billed IO the Architect for such scrviccs. (fdmlify rpmfic rypr of cons~t~mn in Articto 12. if rcquim.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article I2 as Reimbursable Expenses, a multiple of one ( 1 )times the expenses incurred by the Architcct, the Archirecr's employees and consulrants in the inreresr of he Project. 11.5 ADDITIONAL PROVISIONS ( 10 )months of the dare hereof, through no fault of the Archirecr, extension of [he Archireds services beyond rhar rcc shall be 11.5.1 IF THE BASIC SERVICES covercd by this Agreement have nor been complered within e i ghteeen compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 hymen6 are due and payable th i rty ( 30 ) days from the date of be Architect's invoice. Amounls unpaid th i rty in the absence thereof a[ the legal rare prevailing from rime to rime at be principal place of busincss of the Architecr. ( 30 ) days after the Invoice dare shall bear interesr at the rate enrered below. or (inmr mrc 01 inlemxr agreed upon.) lUrv~yi~w~ondr~qu~ronmr~undwrbrF~w~lT~lb~nLmdingAd.nmilarrr~reondl~co~rurn~cndirlaw~nd~lbrrngui~~ionr~~rlKOumn'r~mdArcbi- lKll prlncipdploccr 01 burinerr. ,be i-tion 01 the Pmjer and eisewbrre mq o/lrCr ,be wtidity 01 Ibis provision. Spific Iqd aduice rbould h Oblmned uilb respcl to ddeliow or moaqi~mioru, and dm regording nquircrnmlr such a mittm ditdmums or rwivm.) @ One (1%) percent compound interest. 9 8141-1967 AM WCUMENT B141 OWNER-ARCHITECT AGREEMENT FOURTEEKTH EDITION * Am*. * 81987 THEAMERICIN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W., WASHINGT0N.D.C. Zoo06 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architecl. This Agreement entered into as of the day and year first written above OWNER ARCHITECT Gerald T. Olson, AIA, Vice President (Ptinred mme and rille) (primed name and rille) 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. MA DOWMENT a141 * OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION * AMe . 01987 THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 WARNING Unllccnsed pholocopylng vlolateh US. copytight I- and Is subject to legal pmsecullon. 8141-1987 10 EXHIBIT A to AIA Document 8141, Standard Form of Agreement Between Owner and Architect - City of Muskego, Community Library ARTICLE 7 - DisDute Resolution (Wherever this contract refers to arbitration it shall mean DisDute Resolution). 7.1 Owner and Architect agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ('Disputes") to mediation. 7.2 If either party alleges a dispute or controversy with the other party arising out of or relating to this Agreement, then either party shall have the right to demand non-binding mediation within twenty (20) days after the complaining party has provided the other party with written notice describing the dispute and the complaining party's position with reference to the resolution of the dispute. 7.3 All mediation hearings shall take place exclusively in the Greater Metropolitan after the mediator has been appointed. If the Owner and Engineer have not agreed Milwaukee Area in the State of Wisconsin and shall be held within thirty (30) days upon a mediator within ten I1 0) days of the request for mediation, the parties shall jointly request the Chief Judge for the Circuit Courts of Waukesha County, judgement of the appointing Judge, be a retired or former Circuit Court Judge for Wisconsin, to appoint a mediator who shall, if reasonably available in the sole Waukesha County or Milwaukee County. 7.4 The mediation hearing shall be informal and the mediator shall have the right to hear and review all testimony and evidence presented by either party. The mediator shall fix his or her own reasonable compensation and shall assess the cost and charges of the mediation to either or both of the parties as the mediator shall determine to be fair and reasonable. The mediator shall also be authorized, in his or her sole discretion, to award to the party whose contention is upheld, any sums as he or she may deem proper for the time, expense, and trouble incident to the she proposes to resolve the dispute between the parties. The mediator's decision mediation. The mediator shall issue a written finding which shall state how he or shall be rendered within thirty (30) days after the completion of the mediation hearings. The mediator's decision shall not be binding on either party; however, neither party shall have the right to commence any legal proceedings against the other party until the dispute has been mediated and the mediator has issued his or her written findings. 7.5 No work related to this Agreement shall be interrupted or delayed during any mediation proceeding except upon written agreement of both parties. 7.6 The mediator shall not be a witness in any legal proceedings related to this Agreement nor shall the decision of the mediator be used as evidence or referred to in any legal proceedings related to this Agreement. 01/22/96 THL 17 22 FAX 414 367 6806 DLBRRANT .IRCHlTECTS \\IS moo2 0 EXHIBIT B to AIA Docuinent 8141, Standard Form of Agreement Between Owner and Architect - City of MuskNlgo. Community Library mICLE 12 - OTHER C(- 72.1 Civil engineering services will be provided by firm retained by the Owner. Services will include the [Ireparation of contract documents for grading, road and parking design, storm detention/retention, and sanitary design. Drawings will be stamped by engineering firm and included in Durrant's bidding package. Durrant will coordinate engineering services and provide all other construction observation services. Durrant will credit Owne;. a lump sum of $8.000 for this work. following services: 2. Review of Contractor Application for Payment. 1. Shop drawing review. 4. Construction Punch List. 3. Construction visit every two weeks. 6. Coordinarion with City of Muskeao. 5. Project Closc!-Out requirements. construction progress. Durrant will credit Owner a lump sum of $7.200 for this Owner to provide all day to day field observation and keep Architect updated as to work. Agreement; interior space Dlanning, design, and other similar services required for, or and related equipment. in connection with the selection. procurement, or installation of furniture, furnishings, 1 Documentation of existing furniture (shelving, seating, case goods, and systems). 12.2 Durrant will provide reduced services during Consrruction. Durrant will provide the 12.3 Library Furnishings and Equipment: The Architect shall provide under this A. Description and field measurement of sizes and locations. Documentation will consist of: C. Extent o:f floor area of approximately 35,800 GSF lnew building). 8. Photogra.phs of all existing furniture. A. Proposed planning needs as determined by programming and stafflarchitect 8. Reuse of existing furniture. Inventory of furniture in storage will be provided meetings;. by Ownctr. Inventory of shelving components in storage will be converted to in-place shelvinll expansion. 2. Develop new furniture plan based upon the following: C. Floor plans to indicate new/future furniture. 0. Extent of Floor Area of approximately 35,800 GSF (new buildingl. 3. Design of new circulation desk. 4. Cost estimation of collectionlfurniture relocation. 5. Consultation with vendor for final cost proposal of collectionlfurniture relocation. 6. Cost estimation discussion with vendork) for new furniture. 7 Furnishing within Communitv meeting rooms totaling 3,400 sq. ft. is excluded. 12.4 The Architect acknowledges that the Owner is a municipal corporation and, therefore, The Architect shall be responsible for preparing all bidding documents, contract is subject to starutory requirements regarding the awarding of bids for public projects. documents and I:elated documents in conformity with Wisconsin bidding laws. EXHIBIT B to AIA Document 8141, Standard Form of Agreement Between Owner and Architect - City of Muskego, Community Library - continued 12.5 12.6 12.7 The Owner shall determine the kind and amount of insurance, suretyship andlor bonds to be carried during construction and the sufficiency of the evidence that such coverages are enforced. Should the Owner fail to make such determinations, the Architect may call for certain coverages in the Contract Documents and may administer them, but solely as an expression of his opinion and not as determinations for which he assumes responsibility. If the Owner, or its successors and assigns, elects to terminate the employment of the Architect for services covered under this Agreement, and uses the Drawings and Specifications to complete the project, without Architect's written consent, the against liabilities, costs, and expenses arising from use of the Architect's drawings Owner and its successor and assigns shall indemnify and hold the Architect harmless occurring in connection with, the negligence or willful misconduct of the Architect. and specifications, except for liabilities, cost and expenses resulting from, or The Architect and Owner will cooperate in locating a professional building contractor to be hired by the Owner to work with the Architect and to provide scientific knowledge andlor professional skills in assisting the Architect to complete plans and specifications necessary to publicly bid the project in question. The agreement between the Owner and the Contractor shall include provisions to the effect that the contractor may not bid on the work which is the subject matter of this contract, may not share its knowledge of this project with any potential bidder and may do no other work on the job.