CCR1998022COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #22-98
APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEGO
AND DURRANT ARCHITECTS, INC. FOR ADDITION TO AND
INTERIOR REMODELING OF THE MUSKEGO POLICE BUILDING
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 provide
professional architectural and engineering services for an addition to and interior
remodeling of the Muskego Police Building.
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.
DATEDTHIS 10th DAY OF FEBRUARY 1998.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #22-98 which was
adopted by the Common Council of the City of Muskego.
2l98jmb + Cler reasurer
" ~" "~ -. .- 02/10/98 TLiE 11.44 FAX-414 36T 6806 DCRR.\U ARCHITECTS !\IS MOO2
T'H E AMERICAN INSTITUTE OF ARCHITECTS
AJA Document 8141
Standard Form of Agreement Between
1 i Owner and Architect !
! 1987 EDITION
AN ATTORNEY IS ENCOURAGED WJTH RESPECT TO ITS COMPLETJON OR MODIFICATION.
THIS DOCUMENT HAS IMPORTAYT LEGAL COhrSEQUENCES: CONSULTATIOh' WITH
AGREEMENT
made as ofthe Twenty-Ni nth day of
Nlneceen Hundred and N i ne+y-5 i gh:
January
BETWEEN the Owner: City 0:' Muskego
0
[Name and Mdres5) W182 58200 Rzcine Avenue
Mcskego, Wisconsin 53150
and the Architect:
[Name and addresx)
Durrant Architects, Inc:
Lake Country Center
Hartland, h'iscoqsin 53029-2307
810 Cardinei Lane, Suite 210
in the year of
For the following Project:
(Include dmilcd desceprior, of Projecr, locnlio~i. address and scop.]
Professional Architectural and Engineering services for en addi'.ion to 2nd interior
renodeling of the Muskego Police Building on Racine Avenue in Muskeso, Wisconsin.
The project will be designed per the ConceJt end Budget Report czmpieted by
Durrant Architects dated June 19, 1997.
I. The Owner and Architect agree as set forth below, -
Copyright 1917. 1926, 19i8, :951, 1953.1958.1961,1963,1966.1967.19iO. 1974,1977.Q1987by~cAmcric~nlnstitutc of Architcccs. 1735 Ncw York AvcnuC, N.W., Washioglon, D.C. 20COG. Reproduction of rhc marcria hcrcin or subsranlid
quotation of its provisions without writ:cn pcrmission ofihc AIA vloi2tu thc copyright laws of Ihc Uniccd Slntcs and will bc
rubjccr to lcgal prosccurion. i ~~
AIA DOCUMENT E141 I 0WER.ARCHITECT AGREEMEST * FOURTEESTH EDtrlOs NUAO - 01987
THE AMERICAN INSTIXJTE OF ARCHITECTS. 1735 .SEW YCRKAVENCE, x.w.. WASHINGTON. D.C. 20006 8141-1987 1
WamNING: Unlicensed pholoconylng rlDiateL 11.5. copyrlgnl law3 and lbsublest IO legal pmreculloo.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
, I.
LQUUJ
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SEFlViCES
1.1,,1 Thc Architecr's scrficcs consist of those scrviccs per-
formed by rhe Archirccr. Arc3irecr's cmpioyecs and &-chitecr's
and any orher services included in Arridc 12.
consulrants as cnumcrarcd in furicics 2 and 3 of his Agrccmenr
riously 1s i4 consisrcnr with professional sku and wc 2nd rhc
1 .1.2 Thc Archircc:'s scrvices shall be performed a cxpcdi-
Archirccr shlll submir [or rhc Owner's approval a schedule for
ordc:!y pogress ofrhe Work.- hc
[he performance of rhe Archilecr's ScTiccs which may te
adjusrcd z thc Projccr procccdr, and shall include allowances
for periods of rimc rcquircd [or the Owner's review and for
approval of submissions by authoriries having jurisdiction ovcr
rhc Proiccr. Time limirs csrzbiishcd by rhis schcdulc approved
by the Owner shal! nor, exccpr for rosonlblc caw, k cxc"dcd
by rhc kchirccr or Owner.
1.1.3 Thc scrvices covered by his Agrccmenr a~e subjccr to
rhc rimc limimrions conrained in Subparzgnph. 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Archircct's Bvic Scrvic:s consis1 of rhose described
il Pmgrzphs 2.2 through 2.G ad any orhcrscwicu idenrificd
in Articic I2 1s parr of Bvic Scrviccs. and include normal srrdc-
rud, rncchanical and eiecrrkal cnginc-ring scTviccs.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Arc5irecr shall revicw rhe progrn furnished by rhc
Owncr :o vccrnin rhc rcquircmcnrs of thc Projcc: and shill
xive af a mutual undcrsranding ofsuch rcqcircments wirh rhc
Owner.
[he Owner's program, schcdulc and consrmction budget
2.2.2 Thc Architcct shall providc a prcii.nicaq cvaluarion of
rcquircmer.rs. cach in rcrms of rhc ocher. subjccr IO kc limira.
[:om scr fcnh in SubpmgEph 5.2.1
2.2.3 Thc !ai5irccr shall review wiih rhc Ownc: drcrxrivc
a?prozcL..cr [o design and consriucrion of the Projccr.
and constmcrion budget rcquircncrss, rhc Adircc; shd
2.2.4 Based on rhe mulually agrced.upon prognm, schedule
prcpue. for approval by rhc Owncr. Sc>cmz:ic Design Doa-
menu consisring of dnwings and ohm. docmenu Uwmring
rhc scde :Id relationship of ?rojccr com?oncnrs. e, sunarc . of Construction Cos[ blscd on current ma, volume 0'
2.5 Thc hrchirect SMI submir ro rhc Owner a pre!~hay
ocher uni: CGSU.
2.3 DESIGN DEVELOPMENT PHASE . ,,
2.3.1 Szcd on rhc approvcd Schcrnzric Oulgn CGmcnL(
md any adjusrmcnrs authorizcd by the Owner in [he prognm,
schedule or consrrucrion budgct, rhc Arckkitecr shall prcpe,
lor approvd by [he Owncr. iksign Devcioprncnt Docu~icr.;~
consistir,g of drawings and orher documcnrs LO fii and dcscribc
rhc sizc and characrcr of he Projcc: a5 IO uchirecrurd, SLNC-
othcr clemcnrs ap may be appropriare.
rural, rncchanid and c!ccrrid sys:cms, marcrials and such
2.3.2 The h-chirccr shdi advuc thc Owncrofany adjusrmenu
to [he prciiminaq csrimnrc of Consrmcrion Cosr.
1.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approvcd Design Devciopmcnr Doa-
rhc Project or in [he consrrucrion budge: mrhorizcd by the
menis md any hrrhcr zdjusmcnu in rhc scope 0: qualiry of
Owner, the uchirecr shd p:cpxc, for approval by [he Owncr,
Consrmcrion Documenrs consisring of Dnwings and Spccifim
[ions setring forth in detail rhc rcquirerncnrs :or he constmc-
[ion of the Projcc:.
2.4.2 The Archirccrshdl '
[he ntccvary bidding inf-
Owner and Conmcror.
tiom oi rhe ConrEct, and Lhe form of Agrcemcnr bcrwcen he
2.4.3 Thehchitec: shall advise the Owner ofany adjustm-nu
carcd by cixngcs in rcquirunenu or gcncnl mukcr condiiiom. . IO Freviocr prc!iimry crtiiales of Consrmcrion Cos: indi-
2.4.4 The Archircct shall mist rhc Owccr in :onr.c:rjon wirh+ vi
the 0wnc:'s rcsponribi!iry fcr Gling documenrs rcquired [or 01 0
ihc approval of governmcnnl axhoririu having jurisdiction';
ovc: [he ?rojec:. I n
prepzre
2.5 BlDDiNG OR NEGOTlATiON PHASE t
2.5.1 Thc Archirccr, foilowhg [he Owner's :ppvd of [he 0
of Conrrruction Cost. shd issisr rhc Owner in obtzinhg bids +
Consrrucrion Docuncnrs Jrd of rSe 1ats pre!imi~uy crrimarc
;Id . _- :. u
01
>. .-
.. ..
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTilACT
2.6.1 Thc hrchirccr's respocsibiiiry 10 provide Basic Services
wirh rhc award of rhc Conmcr for Consvucrion and tcrmi-
for !he C0ns:rucrion ?hlsc.undcr this Agrc:zcnr comaenccs
narcs a[ rhc earlier of rhc issuancc ro rhc Owzer of the ha1
rid Completion of [he Work.
Cexificxc for Payment or GO Gays :frc: rhc dare of Subsm-
2.6.2 Tnc Archircs shall provide adminkrnrion of rhc Con-
AW Documcnr AZOI. Gcxni Condirions of rhe Conrncr for
tncr for Consrrucrion z scr fOKh bdow and L? [he edition of
Consrructon. rurrcx as of ihc Wrc of this Aexcncnr. urJa
2.6.4 The Archirccr shall be a represcnrarive ofand shall advise
and consul[ with [he Owner (I) during consrrucrlon unril final
paymcnr to rhc Contractor is due, and (2) as an Addiuonll Ser.
vice ar the Owncr's dirccrion from rime to [,me during rhc cor-
Archirccr shall have aurhoriry 10 acr on behalf of the Ownc:
recrlon pcriod described in rhc Conrncr for Consrmc:lon. The
only to [he cxrenr provided in rhls Agrccmcnr unless orherwise
modified by wrir:cn insirumcnr.
2.6.5 The Archirecr shall visir rhc sire a[ inrervals appropriarc
ro [he sage of consrmction or ZI othcrrvise agreed by rhc
Owncr and Archirccr In writing to become generally .kmiliir
dercrminc in gcncnl if the Work is being pcrformcd in a man
wirh [he progrcss znd qualiry of rhc Work ccmplered and IO
ncr indicaring rhar [he Work when completed will be in accor-
shall nor be rcquircd IO makc cxhhausrive or COntinuDuS on-slre
dance wirh thc Conrncr Documcnrs. Howcver, the Archirecr
inspccrions to check rhc quality or quanriry of [he W0:k. On
the basis of on-sire obscrvarions as an ~~hirccr, rhc hlchirecr
shall keep the Owncr informed of thc progress and @i:y Of
rhc Work, and shall endeavor to guard rhc Owncr againsr
represenrarion may be agreed IO ar an Additional Service, as
dcfecrr and deficiencies in rhc Work. (,Wore exlerzs!ue siie
described in Paragraph 3.2.)
2.6.6 The ArChirccr shall nor havc conrrol Ovcr or charge of
and shall nor be rcsponsiblc for consrrucrlon means, mcrhods,
techniques, sequenccs or proccdurcs, or for safery prccaurions
and progms in connection wirh [he Work, shcc thcse uc
solc!y thc Contrac:or's rcsponsibiliry undcr [he Conrracr for
Consrrucrion. The Architect shall no[ be responsible for the
Conmcror's schcdules or failure IO carry our rhc Work in accor-
dance wirh rhc Conrricr Documens, Thc Archirccr shaL' no:
have conrrol ovcr or chargc oflcu or omissions of [he Conmc-
orher pcnons performing por:ions of [he Work.
cor. Subconrracrors, or rhcir lgcnrs or cmpioyecs, or of 2c.v
2.6.7 The Archirccr shall ar all tirncs hive xcess to rhe Work
wherever ir is in prcpararion or progress.
2.6.8 Exccpr as may orherwise be providcd in [he Conrncr
cially iurhorized. [he Owner and Conlncror shall communicaic
Documcnrs or when direcr comrnunicariouns have becn spe-
rhrough [he Archirccr. Communicarions by and wirh rhc Arch).
rect's consulrinrs shall bc rhrough [he dchirecr.
2.6.9 Based on [he Archi!cct's obsemrions and cvaluarions Of
revicw and ccrrify the amounrs due rhc Conrracror.
[he Conmcror's Applicarions for Paymcnr. rhc AIchirecr shl!!
2.6.10 The Archirccr's ccrrificlrion for paymenr shall cons:i.
rurc a rcpresenrarion ro the Owner, based on rhc Archirecr's
on rhc data comprising [he Conrracror's Applicarion for Pap
obscrvarions at rhc sire as provided in Subpangnph 2.6.5 and
rhar. ro [he bcsr of [he A-chitcct's knowlcdgc. informa:lon and
mcnt. [hat [he Work has progressed LO the poin; indicared and
bclicf, qualiry of rhe Work is in accordlr.ce wirh the Counrraci
evduarion of rhc Work for conformancc wirh thc Conrncr
Documcnrs. The foregoq reprcrcnurions arc subjecr to an
Documenu upon Subsranrial Cornplcrion, 10 resulrs of subsc-
quenr rests and inspccrions. IO minor dcviarions from rhc Con-
cific qualifiwrions expressed by rhe Archilccr. The issumcc of a
rrxt Documcnis corrccrable prior ro com?ictioun and to spe-
rhx rhc Conrracror is entiricd io ppymcnr in [he mounr ccrri-
Ccrrificarc for Payrnenr shall furrher consrirutc i rcprcsenrXior.
Red. Howevcr, rhc issuancc of a Ccrrificlrc fur Paymcnr shall
nor bc 3 rcprcsenr3rion rhar rhc Architecr har (I) madc exhaus.
tivc or continuous on.sire inspccrions IO ck:k [he qualiry or
..
ob. rechniques, sequences or proccdurcs, (3) revicwcd copies
quanrity of the Work. (2) rcvlewcd consrrucrion me-as, mcrh-
of requisitions rcctivcd from Subcontracrors and mxcrial sup-
pliers and orher dxa requcsrcd by the Owner ro subsracriatc
the Conrracror's right 10 paymenr or (4) asccrralncd how Or for
whir pur;lose the Conrnclor has uscd money previously paid
on account of [he Conlracr Sum.
2.6.11 The Archirccrshdl hwe'aurhoriry ro rcjccr Work which
Archirecr considers ir ncccssary or advisable for implemenra-
docs nor conform to rhc Conrricr Documcnrs. Whenever rhc
cion of the inrcnr of rhc Conrncr Docurncnu, [he Archirecr wit!
havc aurhoriry IO rcquirc additional inspection or resring of the
Work in accordance wvirh rhc provisions of the Conrracr Docu-
mcnrs, whcther or unot such Work is fabricated, insrallcd or
compicrcd. Howevc:, neither [his aurhoriry ofrhe Archirccr nor
cise s~ch aurhoriry shd give rise 10 3 duty or responsibility of
a decision madc in good fairh either ro exexise or nor IO excr-
rhc Archirecr 10 [he Conrracror, Subconrricrors, marerial and
equipmcnc suppliers, [heir agenrs or crnployecs or orher per-
sons pe:formir.g por2ons of the Work.
2.6.12 The Archirccr shall review and approve or rake orhcr
appropriate action upon Conmcror's submitrals such z Shop
Drawings, Producr Dm and Samples. bur only lor thc limircd
and [he design conccpr expressed in rhc Conrncr Documcnrs.
purpose of checking for conformmce with informxion givcn
The hlchirecr's acrion shall bc rlkcn with such rnsonable
srrucrion of rhc Owncr or ofscparare conrrxrors, while allow
promptness as 10 cause no delay in rhc Work or in the con-
ing sufficicnr the in he Archireds professional judgmenr ro
pcrmir adcquarc revicv. Rcview of such submirtais is nor con.
pieicncss of orhe: dcr~ls such 3 dimensions 2nd qunnriries or
rlucrcd For [he purpose of dcrcrmining rhc :ccunq and com-
for subsrinriaring insrrucrions for insrallario~. or pcrformancc of
cquipmcnr or sys:em designed by rhc Cunrncror, 111 of which
rcmain rhc rcsponsibiliry of [he Conrncror LO the exrcnr
rcquircd by rhc Conrracr Docurncnrs. The Archirecr's revicw
shd nor consrirurc approval of snfery prccaurions or. unlcss
oikcrwise spccificslly srarcd by [he h;chirccr, of construcrion
mcans. methods. rcchniqucs. sequences or procedures The
A:chirecr's approval of a spccific irem shall nor indicxe
~pproval of an asrcmbly of which the item is J componcnr.
When professional cerrificirion oi pcrformancc chincrcrisrics of mxcrlals. sysrcms or equipmcnr is requircd by rhc Conrmc;
Dorumcnrs, [he hr'chitecr shall be cnrirlcd to rely upon such
cerrificarion IO escablish [ha the rnareriils. sysrcms or equip
menr will me:[ rhc pcrformancc crircria requircd by the Con.
tmc! Documem
1.6.13 The Archirecr shd prepare Chmgc Orders and Con.
svucriun Changc Circcrives. with supporting documenmion
Subparagraphs 3.1.1 md 3.3.3, for rhc Owncr's approvll md
and &[a if deemed ncccssary by rhc Archirccr u providcd in
may aurhorizc minor chmgcs in rhe Work nor involving an
cxccuuon in acco:danc: wirh rhc Conrracr Documenu, and
Tic which arc nor inc0nsis:cnr with Ihc inrcnr of rhc Conrncr
adjurmcnr irk rhc Conrrm Sum or an exremion olrhe Conrnci
DocJ.mcnrs.
2.6.14 Thc .e-chirecr shall conduct inspccrions ro dcrcrminc
complcrion. shall receive and forward IO rhc Owner for [he
rhc dare or dxcs of Subsranrial Conplcrion and [he dxe of fin11
Owuner's revicw and reco:ls wrirren warranties 2nd rclarcd
documenrs required by [he Conrncr Documcnrs and mcm-
blcd by rhc Conrracror. andshill issue a find Ccrrificare for Ply-
mcgr upon compliance wit? [he rcqGircmcr.rs of thc Conrncr
Donmcnrs
3 8141-1987 AIA DOCUMENT Bl4l OWNERdilCHITECT AGLEEMENT FOL'RTEENTH E51TiON AMa - @I9R7
THEAM%;CAS 1NSTITUT~OFARCH:TECTS. i731 NEW YORKAVENBE. N.W.. WASYINC7ON. O.C. lCCffi
~~~ 02/1-0!98 TkE 11:49 F.\S 414 367 6806 DL'RR.\AT ARCHITECTS 111s MOO5
0 2.6.15 The hrchircct shall inrcqret and decide mrters con-
cerning performance of rhc Owner and Conrrxtor under rhc
rcquircmcnu of [he Conrncr Documcnu on Wrilrcn requcsr of
such rcqucsu shall bc made wirh rclronablc promprncs and
either the Owner or Contractor. The rlrchirccr's response 10
wirbin my me hiu agrced upon.
2.6.16 Inrerprcurions and decisions of'chc Axhirecr shall be
consistent wirh thc intcnr of and reasonably hfcrablc from rhc
drawings. Whcn rnakiig such in:crprcnrions and inirizl dcci-
Conrracr Documcnu and shdl be in wriring or in rbe form Of
sions, rhc hrchirccr shall endeavor to secure fairbful perfor-
mance by both Owner and Conrractor. shall nor show parrjzlicy
decisions so rcndcrcd in good faich.
to either, and shall nor be liable for rcsulrs of inrcrprcnrion.5 or
2.6.17 The kchkecr's decisicns on marrcrs re!Xing to acsrhe
[he Conrracr Documents.
tic effccr shal be find If consis:cnr wirh [he hrex cxprcsscd in
2.6.18 The hrchirccr shall rcnder wrir[cn decisions within a
rcvonabic rimc on 111 c!aims, dispurcs or orher marters in qucs-
tion or progrcss of chc Work zs provided in the Conrracr
tion bcrwccn chc Owner and Conrrxror rciaring IO [he cxccu-
Domnenrs.
2.6.19 The hrchirecr's declsions on claims, dispurcs or Orher
marrcrs, induding those in qucsrion bcrwccn the Owncr and
Conuactor. cxcepr for those relating ro acsrhctic cffe:: 1s pro-
vided in Subpangr.ph 2.6.17. shad bcsubjcc! r8-a
providcd in [his Agreerneq w.d in rhc Conm:! D.ocyncnu. 5i spute resoht /.on
ARTICLE 3
ADDITIONAL SERVfCES
3.1 GENERAL
3.1.1 The scrvic?s described in [his Anicic 3 arc nor included
in Basic Scrviccs unlcss so idcnrscd in hrtlc!c 12, zld [hcyshlll
be paid lor by chc Owncr as provided in [his Agrccmcnr, in
described undcr Pangnphs 3.2 and 3.4 ShAl only be provided
addirion IC [he compcnsarion lor Buic ScrviceS. The scTyiccs
if aurhorkcd or confirmed in wriring by the Owner. If serviccs
dcscribcd urdcr Conringcnr Addiriond Scrviccs in Pangnph
3.3 arc rcCuir:d due ro cicumsrmccs'bcyond rhc hrchirccr's
control, ac Archi[ecr shd norify he Owner prior 10 com.
mcncing such scmiccs. If rhe Owner deems rhar stic! scrviccs
shall give prompr writ!cn r.oticc :o [he hrchirccr. if the Owner
dcscribcd undc: Paragraph 3.3 arc nor rccuircd, rhc Owr.cr
indicares in wdicg [hat all or pur of such Conringcnr Addi-
rional Serviccr arc nor required, chc hrchirccr shaU have no obii-
garion ro provide chosc scrvica.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Md<ing revisions in Dwuings, Spccificarions or ocher
documt-nrs when such rcvisions are:
.I inconsisrcnr wirh approv& or insrmcrion.5?rcviousIy
sary by aljusrncnrs in rhc Owncr's pro& or Proj-
given by rhc Owncr, including revisions made ncccs-
ccr budget;
.2 rcquucd by rhc enactme:: or revision of cdcs. laws
or rcplarions subscqccnr ro rhc pr:par.iion of sdch
documcnrs; or
.3 due ro chmgcs required as a rcsulr cfac Owr.cr's la&
urc IO rcndcr decisions in a rhciy manncr.
3.3.2 Prov!ding scrviccs required bcczuse of signifimt
chvlgcr in kc Projcrr including, bur nor iimircd IC. size, (qual-
ity, complesiry. [he Owncr's schcdulc. or [he method of bid-
ding or ncgotiaringandcontncring forconsrmcricn, crcep~for
scrviccs rcquirtd undcr Subpmgnph 5.2.5.
3.3.3 Prc?arir.g Drawings. Specifications and orher dowr.cn-
ration ad stipporring dara, cvaluaring Conmctor's proposak,
and providing orher ser#ices in coccccrion with Change
Ordcrs md Consrnxrion Changc Dirccdvcs.
3.3.4 Providisg scrviccs in connection wirh evduaing subsri-
revisions ro Drawings. SpccScarions w.d orhc: domenrrion
rurions propcscd by rhc C0nr:acror axd mhg subscqccsr
rcsulring therefrom.
3.3.5 Providing cocsulfaricn concc.nin2 rc?iacmentoi Work
nishing scmic:s required in connccrion with [he rcplaccmenr
dmzged by FJC or orhcr caue during ConsiwcLion, and hr.
of such Work.
3.3.6 Providicg services made ncctssarj by the dcf3dr Of rhc
Conrracror, by m3jcr Cclcc's or dcficicncics in he Work of :hc
Ccnrracrcr, or by faiiurc of pcrforrnmcc of cirhcr [he Owner or
Conrncror under rhc Conr:;cr for Consrdcrion.
ci-s subnirrcd by kc Conrracror cr others i? cor-lcc~cn
3.3.7 Providing services h cvaluzrlng an cxrexive number cf
wirh rhc Work.
3.3.8 Providing services it connccrion wirh a pub5c hcuhg,
arbirrarion procccdin2 or iegzl procc:ditg cxcepr wkcre :he
kchircct is px~ rhcrcro.
3.3.9 Prcparing docncnu forzltemxc, sepr.rcorstqccnri~
bids or providirg se?Lccs in connccrion wirh bidding. ncgotia-
rion or consmxlon prior [o [he complcrion of rhc Consrmc
tion Documc;:;s Phxc.
3.4 OPTIONAL ADDITIONAL SERVICES ,':
3.4.1 Pr0vidir.g m;lyrcs,of Ihc 0wnc:'s oecds 2;ld prCgm-
mhg rhc rcquircncnrs or rhc Projccr.
3.4.2 Providing linu.cill hsibiliry or crhcr special srudics.
3.4.3 .Providicg planning survcys, site c'raluariors or com-
pxarivc srudics of progecrivc sircs.
02/10/98 TU€ 11:51 FAX 414 367 6806 DLRRANT ARCHITECTS \TIS
0 3.4.4 Providing special surwys, environmental studies and 4.2 The Owner shall establish and update an overall budget for
submissions required for approvals of governmental authorities the Project, including the Construction Cost, the Owner's other
or others having jurisdiction over [he Project. cosrs and reasonable contingencies related to all of these costs.
3.4.5 Providing services relative to future facilities, systems 4.3 If by the ArChitec[, [he owner shall furnish
and cqulpmcnt. dence that financial arrangements have been made to fulfill the
3.4.6 Providing services to invesrigare existing conditions or
f?ciiities or to make measured drawings thereof. 4.4 The Owner shall desimate a representative authorized to
Owncr's obligations under this Agreement.
3.4.7 Providing services ro verify the accuracy of drawings or
other information furnished by [he Owner.
3.4.0 Providing coordination of construction perfom.ed by
separate contractors or by the Owner's own forces and coordi-
nation of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a con-
struction manager or separatc consuitants retained by the
Owner.
3.4.10 Providing detalled estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or invenrories of
material. equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
or installarion of furniture. furnishings and reiared cquiprnent.
required for or in connection with the selection. procuremcnr
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of mate& or equip-
3.4.16 Preparing a set of reproducible record drawings show-
ing significant changes In the Work made during consrrucrion
based on marked-up prints, drawings and other data furnished
by the Contraaor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals. training personnel for
opention and rnantenancc. and consultation during opention.
3.4.10 Providing services after lrsuance to [he Owner of the
fmal Certificate for Payment. or in the absence of a final Cer-
stanrial Comple[ion of lhe Work.
rificate for Payment. more than GO days afier the date of Sub-
0 ment, or valuarioruj and derailed appraisais of e~ting hcilirics.
act on the Owner's behaif with respect to the Project. The
Owner or such authorized representative shall render declsions
in a timely manner pertaining to documents submitted by the
and sequentill progress of the .4rchirect's services.
Architect in order to avoid unreasonable delay in the orderly
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the site
of the Project. and a written legal description of the site. The
sumeys and legal informarlon shall include. as appilcabie,
grades and tines of streets, alleys. pavements and adjoining
property and stmctures; adjacent drainage; rights-of.way,
restrictions, casements, encroachments. zoning, deed restric-
tions. boundvies and contours of the site; locations. dimen-
sions and neccssaw dara perraining to cxisting buildings, orher
improvements and trees; and information concerning avajlabie
utility services and tines, both public and private, above and
below grade, including invens and depths. All the information
on the survey shall bc referenccd to a project benchmark.
4.6 The Owner shall furnish the services of geotechnical engi-
services may include bur are nor limited to test borings, test
neers when such services ve requested by the Archirect. Such
cvaluxions of hazardous materials, ground corrosion and resis-
pits, dete:minations of soil beanng values, percolation tests.
soil conditions. with reporrs and appropriate professional
tivity tesu, including ncccssary operations for anticipating sub-
recommendations.
4.6.1 The Owner shall furnish the services of orher consul-
tants when such services are reasonabiy required by the scope
of the Project and are requested by the Architect.
4.7 The Owner shall furnish stmcturd, mechanid, chemical,
air and water pollution tesrs, tests for hazardous materials, and
othcr laboratory and cnviromenwi [ests, inspections and
reports required by law or the Contract Documents.
4.0 The Owner shall furnish a11 legal accounting and insurance
3.4.19 Providing services of consulmts for other than archi- auditing [he Owner m,y to counseling services 1s may be necessa? at any time for the
tecrural, stmctur& mechanical and electrical engineering par- vere [he Conrractor~s Applications for Payment or to [ions of the Project provided as a part Of Basic Services.
3.4.20 Providing any othcr services not otherwise included in pajd by Or on behalf of the Owner.
this Agreement or not cusromarily furnished in accordance
with generally accepted archirectud practice. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
how or for what purposes the Contractor ha used the money
expense, and [he Architcct shall be entitled to rely upon the
accuracy and complcrcncss thcrcof.
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
OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents.
4.1 The Owner shlli provide fuii Information regarding 4.11 The proposcd language of certificates or certifications
set forth the Owner's objectives, schedule,,constraints and cri- submitred to the Architect for ret'iew and approval at least 14
requirements for the Project, including a program which shall rcquested of the Architect or Architect's consulranrs shall be
bility. expandabiiity, speclll equipmcnr, systems and sire [ions that would require knowlcdge or ~ervl~cs beyond the
reria, including space requirements and relationships, ne%- days prior to execution. The Owner shall nor request certifica-
requirements. scope of his Agrecment.
ARTICLE 4
0
5 8141-1987 AIA DOCUMENT 8141 . 0WNER.ARCHITECT AGREEMENT . POURTEENTH EDITION AlA* v 0 1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 XEW YORX AVEVUE, N.W.. WASHINGTON. D.C. 20006
0210/98 TLE 11:53 FAX 414 36i 6806 DURRANT ARCHITECTS \VIS a007
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the [oral cost Or esti.
mated cost to the Owner of dl e!cmcnts of the Project designed
or specified by the Architect.
5.1.2 The Construction Cost shlll include the cost at current
market rates of labor and materials furnished by the Owr.cr and
equipment designed, specified, selected or specially provided
for by the Architcct, plus a reasonable dow~.cc for the Con-
rncror's overhead and profit. In addition, a rcvonablc diow-
mcc for contingencies shall be included for mvket CondirioN
at the [me of bidding and for changes in the Work during
constmcrion.
5.1.3 Constmction Cost does not include the compensztion of
the Architect and Architect's consultants. the cosrs Of the land,
sibility of the Owner provided in lVIlClC 4.
righ;s.of.way. financing or other costs which are the rapon-
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations Of the Owncr's Project budget, preliminary
estinates of Consrruction Cost and dctalled cstlmates of Con-
struction Cost. if anyt prepared by the Architect. represent the
Architect's best judgment +( a dcsign professional fVTliliar with
the co~srmction industry. It is recognized. however. that Dei-
[her the hrchitccr nor the Owner has control ove: the Cost of
labor, materids or equipment. over the Contractor's methods
oldcrerrnining bid grjces, or over comperitive bidding. market
or ncgorixing cor.ditions. Accordingly. the Architect cannot
and does not war:ant or represent that bid5 or negotiated prlccr;
will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepa:cd or agreed
to by the Architect.
5.2.2 No fixed limir of Construction Cost shall bc established
ar a condition of this Agreement by the hmishing, proposll or
errnblishment of a Project budget. unless such fued limir has
such a hcd limit has been esrablished, thc Architect shall be
been agreed u?on in writing and signed by the parries hereto. If
permitrcd to indude contingencies for design, bidding and
poncnt systems and rypes of construction arc to be included in
price escalaiion. to dctermlnc what matcriah equipmcnt, com-
d;c Conrncr Documcnrs, to mlkc rmonablc adjustments in
the scope of [he Project and to include in the Contract Docu-
ments alternate bib to adjust the Constmction Cost :o the fxed
limit. Fixed limits. if any, shd be increased in the mount ofan
increase in the Conrrxt Sum occurring aker cxecurion of the
Csntncr for Construction.
within 90 days akcr the Architect submlu the Construction
5.2.3 If the Bidding or Negotiation Phase has nor commenced
Cocumcnn to rhc Owner. any Projecz budget or :xed hmic of
Corsrruction Cos[ shd be adjusted to reflect changes in ~5e
gcnc:ll lcvcl of priccs in thc Construction indusrry between the
date of submission of the Constpcrion Documcnrs to he
5.2.4 If a fued limit of Construction Cost (adjusted as pro-
Owncr r.d the daw on wNch proposh are sought.
vidcd m Subpmgnph 5.2.3) is exceeded by the lowest bona
fide bid or negotlatcd proposai, the Owner shall:
,1 give written aoorovll of z? lncrare in such bed
' :
.3 if the Project is abandoned. tccminm in accordvlce
.4 coopente in revising the Project scope and quality 2s
with Parzgnph 8.3; Or
required to teduce the Consrruction Cost.
5.2.5 If rhc Owncr chooses to procted under Clause 5.2.4.4,
the Architccr, without additional charge, shall modify the Con-
rr3ct Documents u nccessarf to comply with L.C fixed limit, if
csrablbhcd x a condition of thls Agreement. The modification
of Contract Documents shdl be the limit of the Archirect's
The Architect shall be cnri;lcd to compensation in accordancc
responsibility uLsing out of the cstablishmcnr of a fucd !hit.
wlth thls Agrccmenr for d services performed whether or not
the Constrmion Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specificacorn and other documents pre.
parcd by the Architect for thls P:oiect ue instruments of the
Architect's scrvicc for use solely with rcspect to this Project
and, unless orhenvise provided, the k-chitect shdl be deemed
the author of :hex documents and shall ret& all common law,
sotutor/ and orkr reserved rights, including the copyright.
The Owner shall be permitted to retain copies, including repro.
duciblc copies, of he Architect's Dnwings. Spcafications and
other documents for inforaation and rcfcrcxc in connection
with the Owner's use and occupancy 01 the ?rojcct. The Archi-
tect's Drawings, Spcufications or orher documents shall not be
used by the Owner or oLbcrs on other projecrs, for 3ddltiOnS IO
the AIchitect is adjudged to be in default under this Agreement,
thls Project or for completion of this Project by oL>ers, unless
sationtothcfuchitcct.or as provided ~n Section 12.6. cxccpt by agrecmcnt in writing and with approp:iare compcn-
6.2 Submisslon Or 'Sisrribution 01 documents to mee: OfEcii
regulatory requirements or for similx purposc; in conncctiori
with the Projec; is not to be construed as publication in dcrogz-
:ion of the Architecr's reserved righ:s.
ARTlCLE7(Ses Exhibi? A)
31SPUTE RESOLUTION
..
kt;
.2 aurhorizc rebidding or refiegociaring of the Project nso5dar;on. joinder or in an arising out 0: or rc!ating to
within a rcuonablc :hc; ..
AIA DOCUMENT 0141 * 0WYER.hRCntTECT AGREEMENT. POURTEENlH EDITION * Us * @I907
THE AWERlCXY WSTtTUTE OFARCHITECTS. 1735 NEW Y0RKAYENUE.N.W ., WASHIYOTON, D.C.20006 0141-1987 6
ARTICLE 0
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agrcemenr may bc rerminared by cirhcr parry upon
no: ius than scvcn days' wrirrcn notice should [he orher pvry
Agrermcnr though no hulr of the parry firb;ing the IcmiMLiOn.
1x1 subsranrially ro perform in accordance wirh the rerms of rhis
8.2 If rhc Projccr is suspended by rhc Owner for more than 30
consccuuvc days, rhc rlrchirccr shall bc compemated for scr-
vices performed prior ro norice of such suspcnsion. When he
Projca b resumed, [he Archirccr's compcnsarion sAdi bc equi-
rabiy adjusrcd to provide for expcnscs incur:cd in the inrerap-
ricn md resump:~on of the Archirecr's scr#ices.
8.3 This Ag:eemcnr may be rcrminarcd by rhc Owncr upon
evcnr char the Projecr is perrnancnrly abandoned. If rhe Projecr
nor icss rkz seven dzys' wrisen nollcc ro the Archirccr in [he
is abandoned by rhc Owne: for more rhm 90 consecutive days.
notice.
[he rirchirccr may rerminare rhis Agrecmenr by giving wrirrcn
8.4 Filure of [he Owrer ro make payncnrs IO [he Archire3 in
accordlncc with [his hgrccncnr shall be considered subsantid
nonperformmcc 2nd cause for terminxion.
8.5 If rhc Owncr fails 10 make paymenr when due the Archi-
rccr :or scrvices and expcnscs, the Archirccr miy. upon seven
days' wrirrcn notice 10 [he Owner, suspend performancc ofser.
vices under [his Agrcemcnt. Unless paymcnr in full is rcccived
sus?cnsion shall rake effect wlrhour furthcr notice. In [he cvcnr
by [he .irchirect within seven days of [he dlre of [he norice, the
of i surpcnsion of scwices. [kc Archirccr sh-!l have no iilbiiiry
of 5uc5 silspcnsjon of scr~iccs.
ro :he Owner for delay or damage caused rhe Owner because
8.6 In rhc cvcnr of rerminxion nor rhe huir of [he hchirecr.
rhc Arckirccr shall be compcnsared for services performed prior
LO rc:mir,a:ion, rogerhcr with Reimbursable Expenscs rhcn duc
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless orhcsvise provided, rhis Agrccmcnr shall be gov-
Archirccr.
crned by [he iaw of [he principd piacc of btsiness of rhe
9.2 Terms in this Agrcemenr shill have r?e smc meaning
rhosc in ALA Documenr AZOI, Gencal Condirions of [he Con-
rracr for Consr?Jcrion. currcnr as of thc dare of chis Agrccmenr.
9.3 Causes of ac~ion bcrwcen [he parries ro rhis Agrccmenr
pertaining IO acts or fdurcs ro acr shall bc dccned IO have
accrued and the applicable srarures of Iimmirarions shall com-
mcnce to rcn nor larcr than cirher the darc of Subsrantid Corn-
pierion for acrp or hilures ro act occurricg prior IO Subsrantiil
Complcrion. or [he dare of issuaxe of the End Cerrifimre for
Payment for acu or failurs IO act occurring afrcr Substanrid
Compicrion.
orher and agdnsr rhe conrracrors. consuiranu. agcnrp and
9.4 Thc Owne: and hrchirccr waive di rig!% against each
employees of the orhcr for d~mages, bur cn!v 10 the exten: cov-
cred by propc:ry insurance during cons!mcrion, exccpr such
r~ghs as they may have LO rhc p:occzds of such imur;lcc as ser
forrh in rhc cdirionofAiA Documcnr AZOI. Gcnenl Condi:ions
of [he Cocrracr for Consrrucrion, curreor a of [he dm of [his
Agrccmcnr. Thc Owncr and Archirecr cch shall require SimiJu
wvlivcrs from rheir conrracrors. consu1rmIs and agcnrs.
9.5 The Owner and Archirecr. rcspecrivcly. bind themselves,
rhcjr parmen. successors. assigns nr,d legal reprcsenrariver to
rhc orhcr parry ro [his Agrccmenr md to rhc parmen. Succcs-
SOIS. =signs and icgi rcprescnnrivcs of such orher parry wirh
Archirccr shdl =sign [his Agrccmenr wirhour :hc written con-
respccr LO all covcnmu of [his Agreement. Kcirhcr Owner nor
scnr of [he other.
9.6 This Agrccmenr rcprcsenrs rhc cnrire and inregrarcd agrec-
mcnr berwccn he Owner and hrchirecr and supersedes all
prior negoriarions, reprcscnrarions or agxemcnx, eilhcr wrir-
insimmcnr signed by borh Owner and Archircc:.
rcn or od. This Agrccmcnr may be mcndcd only by wrirrcn
9.7 Norhing conrained in chis Agrcemenr shdl creacc a conrnc
rud rciarionship wirh or 2 cause of acricn in fwor of a third
parry aginsr cirhcr [he Ownc: or Archirecr.
9.8 Unless orherwise provided in [his Agreemcnr, chc Archilccr
and Architerr's consulranrs shdl havc no responsibiliry lor rhc
sure of persons to hazardous mareria3 in any form at the Projccr
discovery, presenct, hmdling. rcmovd 0: d?spCS;i of Or CxpO
sire, including bur nor limircd to asbaros, YbMrOS producrp.
poiychlorinarcd bi2henyi (PCB) or othcr roic subsunccs.
9.9 The .4rchirccr shall havc he righr 10 include reprCSCnt2-
[ions of rhc dcslgn of :he Projccr, including ?horogmpix Ofthe
cxrcrior and inrcrior, among the Archircds prcmoriond and
professional nareriais. Thc Archirecr's marcrids shall not
inciudc rhc Owner's confidcnrial or prop:ierq informarion if
rhe Owner has prcvlously advised L~C Mchircc: in wri2n.g Of
7 6141-1987 AIA DOCUMENT E141 * 0
THEAVE2ICAN INSTITUTE
WNER.ARCHITECT AGREEMENT FOURTELTH EOITOS ALA* om7
OFARCHITECTS, 1735 CEWYORKAVEWE. N.W., W.4SHINGTW O.C. IC006
~
U2/1U/Y8 liiE 11:57 F.U 414 36i 6806 DURRANT ARCHITECTS IYIS MOO9
dcnrial or propricrary. Th: Owner shdl provide professionll
rhc specific informarion consldcrcd by [he Owner to be conti-
crcdit for he Architect on the constnicrion sign and In the pro-
morional matc:ids for [he Proicc:.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL WPENSE
10.1.1 Dirccr Personnel Expense is deficed as rhe direct
salaries 0: the Architect's pcrsonncl ecgaged on the Project and
the portion of rhe cost of [heir mandatory and customary con.
rribctions and benetiu related thereto. such z cmploymcnr
rz~a and orhe: sr;tutory ernpioyce benc:lrs, insurance, sick
ieaye, holidays. vacarions, pensions xd simiix conrriburions
and bcnefirs.
10.2 REIMBURSABLE EXPENSES
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
minimum payment under [his Agrecmenr.
10.3.1 An lnitill payment z set forth in Paragraph 11.1 is th:
10.3.2 Subscquenr payments for Basic Services shdl be made
monthly and, where applicable. shd be in proporrion 10 ser.
viccs performed within each phase bf scrvicc, on the basis sei
for:h in Subparagraph 11.2.2.
10.3.3 If and to [he cxrcnr hat the time iniridly csoblished in
Subpangrdph 11.5.1 of rhir Agreemcnt ir eyceeded or cxndcd
through no fault of the Architect. campensarion for any ser.
computed in the manner set forrh in Subpangraph 11.3.2.
vices rcndcred during [he additional period of :ime shaU be
Srmction Cost and any porrions of he Projccr ax de!e:cd or
10.3.4 When compensation is 'cascd on a pcrccntagc of Con.
orhcrwise not constructed. compensation for [hose portions 0:
:he Projecr shall be payabie IO the extent scrviccs arc pcr-
formed on those portions. in accordance wirh the scheduic ser
bid or nenotiared orooosal or (21 if r.0 such bid or orooosc is
forrh in Subpangraph 1 I.?.?. bvcd on (I) the lowat bofia fide
I
10.2.1 Reimbursable Expense arc in addirion ro compensa-
[Ion for Basic and Additionll Services and include cxpcnscs
incu::ed by [he Archirect and Architect's employees and con-
suI:anrs in the inreresr of the Project, as Idcntikd in the foliow- 10.4 PAYMENTS ON ACCOUNT OF ADDlTiONAL
.. .. .. rcccivcd, he most recent preliminary estimate of Constriction
Cost or derailed csrimatc of Consrmcrion Cosr for such por-
[ions of the Proiecr.
ing Claurer,
10.2.1.1 Expense of transportation ir. connection with the
Project: cxpenscs in connection with aurhorized our-of-town
rravcl: long-disrmcc communicarions: and fccs paid for Secur-
ing approval of authoriries having jurisdicrion over rhc Prcjcct.
10.2.1.2 Expense of rcproduzicns. posrzge a.Td handling of
Dnwings. Specificdtions and orhcr documenrs.
10.2.1.3 If a~horizcd in advance by :kc Owner. expense of
ovchime work requiring highcr than regular rates.
10.2.1.4 E.vnse of rcndcrings models xd mock-ups requested
by [he Owncr.
10.2.1.5 Exccnse of addiriond insurmcc covcngc or limirs.
SERViCES
Services and for Reimbursabie Expenses shd be made monrhiv
10.4.1 Paymcnrs on account of [he kchirec:'s AddiricnA
dcxd or expenses incurred.
upon prcscnrarion of tke Architect's statement of services fen.
10.5 PAYMENTS WITHHELD
10.5.1 No dcducrions shall be made tom !hc Archircct's com-
sums wirhhcid from paymcnrs to conrrac:ors, or on account of pensarion on account of pendry. 1iqi;ida:ed damages or orher
Archircct has been found to be liable.
the cos[ ofchanges in rhc Work orhe; rhn those for which [he
10.6 ARCHITECT'S ACCOUNTING RECORDS
including professional liabiiiry insurance, requo-red by rhe
Owner in excess of th~t normAly carried by be Archircct and
Architecr's consultmts.
10.6.1 Records of Reimbursable Expenses md cxperses pe:.
raining IO Additional Services and scrviccs perlormcd on rhc
basis of a multipie of Dirccr Personnel Eqcnsc shdl be avlii.
ab!? to the Owner or [he Owner's 2u:horizcd rcprcsenrxivc nr
muvdally convenienr rimes. . .. x Article 1C.2 specifically to include land survey, soil borings, DILKR and City plan
reviews and document printing for bidding purposes shall not exceed a maximm of $25,000.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shdl compcnsa:e [he Arckirec: as follows:
shall be made upon execution of chis Agreemen: and c:editcd to [he Owner's accoun: at final payment.
11.1 hUINITIALPAYMEKTof One Thousand and no/100 ----------------- Dollars (3 1 ,oca. 00 -- )
11.2 BASIC COMPENSATION
Compcnsarion shdl be compured as foliows:
11.2.1 FOR BASIC SERVICES, as dcscrlbed in Artic!~ 2, and any o!hcr sc?lices included in Article I2 s p~rt of Baric Scrvic:s, Basic
(llvrrr basil 01 m*pr,l,ari"n. ,,lCi"Ui"&. rnp"l'7,ro ,,,"l,. nlireipir, orpmrn,up Ylld ;dwuqJ pi>uum I" U'hiCh jluniridm rKNlirtll "/con,;i*,rruri",l Npp!:: g
'"crrmryj
Lump sum fee of One hundred Thousand, Five Hundred and no/100 Dollars (5100,500.CG~
minus field observation credit of $7,200 as indicated in Article 12.2 for a total
compensation of Ninety-Thres Thousand, Two Hundred and no/100 Dollars (S93,200.00).
0
11.2.2 WZcrc compcnsarion is bued on a sripulared sum or gcrccnrage of Construcrion Cost, progrv paymecrs for BuicScrvices
in each phve shall [oral [he following pcrccnragcs of the [oral Bsic Conpensarion payable:
(inn?, nddi~lon.dpbascr as appppmpriafr.) 0
Schcmaric Design Phue:
Design Dcvc!opmenr Phve:
Consrmcrlon Documcnrs Phuc:
Biddlng or Ncgoriarion Phuc:
.pc:ccr.r ( i 5%)
perccnr ( 15%)
pc:ccnr( 50%)
pcrccnr( 5%)
ConsLucrion Phase pe:ccnr( 15%)
Tord Bvic Cornpensarion: one hundred perccnr (100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
purcd as follows:
11.3.1 FOR PROJECT REP2ESEIVTATiON aEYOND BASiC SiRVIC5, Y described in Paragraph 3.2. conpcns~rlon shall be corn.
02/10/98 ~~ "~ .TE 12:OO FAX 414 36T 6806 DL-RR.WT ARCHITECTS VIS
0 pncticcs of the hchitccl 11.5.3 The rats and multipies se: forts lor Additional Se.rviccs shall bc annually adjusted in accordancc with normal sdary review
See Exhibit E.
This Agreement enrered into a5 of the day and year first written above.
OWNER AQCHITECT
(Prinled mme and lille) (Fn'nled name and rille) 0
Gerald T. Olson, AiA, Vics Prasident
CAUTION: You should sign an orlginal AiA document which has lhis caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AIA DOCUMENT 8141 * OWNER-ARCHITECT ACREEMEhT - FOURTELWH EDI:ICN * MA@ * GI1987
THE *MER!CAN INSTITUTEOFARCHlTECT. 1735 NEW YCRKAVESUE, N.W.. WASHINGTCS. D.C. 20C% 9141-1987 10
I.
0
EXHIEIT A to AIA Document B141, Standard Form of Agreement Between Owner
and Architect - Citv of Muskego, Police Building
3
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.
of or relating to this Agreement, then either party shall have the right to demand
7.2 If either party alleges a dispute or controversy with the other party arising out
non-binding mediation within twenty (201 days after the complaining party has
provided the other party with written notice describing the dispute and the
complaining parry‘s position with reference to the resolution of the dispute.
7.3 All mediation hearings shall take place exclusively in the Greater Metropolitan
Milwaukee Area in the State of Wisconsin and shall be held within thirty (30) days
after the mediator has been appointed. If the Owner and Engineer have not agreed
upon a mediator within ten (101 days of the request for mediation, the parties shall
jointly request the Chief Judge for the Circuit Courts of Waukesha County,
Wisconsin. to appoint a mediator who shall, if reasonably available in the sole
judgement of the appointing Judge, be a retired or former Circuit Court Judge for
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
determine to be fair and reasonable. The mediator shall also be authorized, in his or
and charges of the mediation to either or both of the panies as the mediator shall
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 proposas 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 130) 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 findinps.
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.
EXHIBIT 8 to AIA Document B141
Standard Form of Agreement Between Owner and Architect
City of Muskego, Police Building
ARTICLE 12 - OTHER CONDITIONS OR SERVICES
12.1
12.2
12.3
12.4
12.5
12.6
Not used.
construction progress. Durrant will provide all other services called for by this
"Owner will provide all day-to-day field observation and keep Architect updated as to
contract in this regard including, but not limited to, the following services:
1 Shop drawing review.
2. Review of Contractor Application for Payment.
3. Construction visit every two weeks.
4. Construction Punch List.
5. Project Close-Out requirements.
6. Coordination with City of Muskego.
Durrant will credit Owner a lump sum of $7,200 for this work to be performed by
Owner.
Not used.
The Architect acknowledges that the Owner is a municipal corporation and, therefore,
is subject to statutory requirements 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.
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
for which he assumes responsibility.
administer them, but solely as an expression of his opinion and not as determinations
"The Architect's drawings, speFifications or other documents may be used by the
Owner 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 with or without Architect's
written consent, if the Owner and its successor and assigns indemnifies and holds
the Architect harmless against liabilities, costs, and expenses arising from use of the
Architect's drawings and specifications, except for liabilities, cost and expenses
resulting from, or occurring in connection with, the negligence or willful misconduct
of the Architect.'