CCR1999183AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #183-99
Approval of Agreement Between the City of Muskego and Barrientos Design 8
Consulting, LLC for Architectural and Engineering Design Services for
Remodeling of City Hall
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, as amended, between the City of Muskego and Barrientos Design &
Consulting, LLC to provide professional architectural and engineering design services
for the remodeling of City Hall.
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 26Ih DAY OF OCTOBER 1999.
SPONSORED BY:
FINANCE COMMITTEE
AM Mark Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #183-99 which was
adopted by the Common Council of the City of Muskego.
10199jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #183-99
Approval of Agreement Between the City of Muskego
Consulting, LLC for Architectural and
Remodeling of City Hall
BE IT RESOLVED That the Common Council
recommendation of the Finance Committee,
Agreement between the City of Muskego
provide professional architectural and
of City Hall.
BE IT FURTHER RESOLVED That
in the name of
BE IT FURTHER may make any necessary technical
changes to the Agreement in the City Attorney.
DATED THIS DAY OF 1999.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #183-99 which was
adopted by the Common Council of the City of Muskego.
10199jmb
Clerk-Treasurer
Oct-22-99 02:55P P.02
e Standard Form of Agreement Between Owner and Architect
AIA Document 6141 - Electronic Format
TlIlS DOCUMEM HAS IMWRTANT LEGAL CONSEQUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO 11'5
COMPI.ETION OK MODIFICATION. ALITHENTICATION OF THIS ELECTRONICAI.LY DRAFTED AIA DOCUMENT MAY EE MADE BY USING AIA
UOCLMENT WO1.
Copyright 1917. 1926. 1948. 1951, 1953. 1958. 1961. 1963. 1966. 1967, 1970. 1974. 1977. 1987 by Thc Anxrican InrtiluLL of Architects. 1735 Ncr YaL Avcnuc.
N.W.. Wuhtnglon. D.C.. 200065292. Rcproduclion of [he mtcRd hemin orrubsunrial quolstion orits provisions withoul rrincn permmion d1hr AIA vi0IaIL.s
thc copyfight law olthc Unitcd Shtcr and will be subject to Icgnl proyNtim.
AGREEMENT
made as of the 26 day of October in the year of Nineteen Hundred and 99
BETWEEN the Owner:
(Nom odaddres4
City of Muskcgo
W182 S8200 Racine Avenue
!Aukego, WI 53150
and the Architect:
(.Vmw nnd uddrlrerrl
Bamenlos Design &Consulting. LLC.
8324 N. Steven Road
Milwaukee, WI 53223
(lncludr dnailed description o/F?ojm, locolion. oddws and scope.)
For the fallowing Project:
Building Renovation of existing City Hall based on Space Plans developed by Barrientos Design earlier this year. Renovation
program encompasses vacared Library space. exisdug fist floor offrces. basemen5 enuy sidewalk and exterior air conditioning unirs.
All exisling city Function with the addition of Information Services will be re-arranged into the new layout. Renovation work will
include: interior partitions. finished ceilings, flooring, a few new exterior windows and doors, and modifications to HVAC and
electrical system.. No major sbuctural work to the foundation or columns are anticipated
The Owner and Arclulect agree as set forth below.
Oct-22-99 02:56P P.03
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1 ~~~ ~
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
performed by the Architect, Architect's employees and
1.1.1 The Architect's serviccs consist of those smices
Architects consulrants as enumerated in Articles 2 and 3 of
this Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall he performed as
expeditiously as is congistent with professional skill and care
and the orderly progress of the Work. "feap&4&
the Architect shall submit for the Owner's approval a
schedule for the performance of the Architecfs services
which may be adjusted as the Project proceeds. and shall
include allowances for periods of time required for the
Owner's review and for approval of submissions by
authorities having jurisdiction over the Project. Time limits
except for reasonable cause, be exceeded by the Architect or
established by this schedule approved by the Owner shall not,
Owner.
1.1.3 The services covered by this Agreement are subject
0 to the lime limitations conlained in Subparagraph I1 S.1.
ARTICLE 2
SCOPE OF ARCHITECTS BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architecl's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other
services identilied in Article 12 as part of Basic Services, and
include normal structural. mechanical and electrical
engineeting services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by
the Owner to ascertain the requirements of the Project and
shall arrive at a mutual understanding of such requirements
with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation
of the Owner's program. schedule and consmction budget
requirements. each in terms of the other, subject to the
limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner
alternative approaches to design and construction of the
Project.
2.2.4 Based on the muarally agreed-upon program.
schedule and construction budget requirements. the Architect
shall prepare, for approval by the Owner. Schematic Deslgn
Documents consisiig of drawings and other documents
illustrating the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Conmction Cost based on current
area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design
Documents and any adjustments authorized by the Owner in
the program. schedule or consmction budget. the Architect
Development Dncuments consisting or drawings and other
shall prepare, for approval by the Owner, Design
documents to fix and describe the size and character of the
Project as to archilectural, structural. mechanical and
be appropriate.
electtical system. marerials and such other elements as may
2.3.2 The Architect shall advise the Owner of any
adjustments to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development
Documents and any funher adjustments in the scope or
quality of the Project or in the construction budget authorized
by the Owner, the Architect shall prepare. for approval by the
Owner, Consrmction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for the
construction ofthe Project.
2.4.2 The Architect shall prepared&QwneF%+he-
ppaf#km 4 &e necessary bidding information, bidding
Agreement between the Owner and Contractor.
fornu;. the Conditioos of the Contract. and !he form of
adjustments to previous preliminary estimates of Construction
2.4.3 The Architect shall advise the Owner of any
Cost indicated by changes in requirements or general market
Oct-22-99 02:56P
conditions.
2.4.4 ?le Architect. shall assist the Owner in connection
with the Ownefs responsibility for filing documents required
for the approval of governmental authorities having
junsdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE,
2.5.1 The Architect following the Owner's approval of the
Construction Documents and of the latest preliminary
estimate of Construction Cost, shall assist the Owner in
obtaining bids "pwpdn and essist+n+wdkg
prepare conhncts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
ad~-ama#S-cBF~ "_ award and
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction
and terminates at the earlier of the issuance to the Owner of
the final Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the
Conaact for Construction as set forh below and in the edition
of AIA Document A201. General Conditions of the Contract
for Construction. current as of the date of lhis Agreemcnt.
by the Architcct to comply with Wisconsin law including, but
not limited to, City projects.
2.6.3 Duties. responsibilities and limitations of authority
of the Archtect shall not be restricted, modified or extended
without minen agreement of the Owner and Architect with
consent of the Contractor, which consent shall not be
unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall
until fi~l payment to the Conuactor is due, and (2) as an
advise and consult with the Owner (I) during consrmction
Additlonal Service at the Owner's direction from time IO time
during the correction period described in the Conhacl for
Conshuction. The Architect shall have authority IO act on
behalf of the Owner only to the extent provided in this
Agreement unless olherwlse modified by written instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate lo the stage of conslruclion or as otherwise agreed
by the Owner and Architecl in writing to become generally
familiar with the progress and quality or the Work completed
e unless otherwise provided in lhis Agreement. and as modified
P.04
and ta determine in general if the Work is being performed in
B mer indicating that the Work when completed will be in
accordance with the Contract Documents. However, the
Architect shall not be requind to make exhaustive or
continuous on-site inspections to check the quality or quantity
of the Work. On the bask of on-site observations as an
architect. the Architect shall keep the Owner informed of the
progress and quality of the Work. and shall endeavor to guard
the Owner against defects and deficiencies in the Work.
(More crrwive nile mprermmrion may be oxreed Io nr on Addilionol
Service, os described in Paragraph 3.2.)
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for construction means.
methods, techques, sequences or procedures. or for safety
precautions and programs in connection with he Work, since
these are solely the Contractor's responsibility under the
Contract for Construction. The Architcct shall not be
responsible for the Contractor's schedules or failure to ca?
The Architect shall not have control over or charge of acts or
out the Work in accordance with the Contract Documents.
omissions of the Contractor. Subcontractors, or rhelr agents
or employees, or of any other persons performing portions of
the Work.
2.6.7 'Ihe Architect shall at all times have access to the
Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
specially authorized. the Owner and Contractor shall
Documenls or when direct communications have been
communicate through the Architect. Communications by and
with the Architect's consullants shall be lhrough the
Architect.
2.6.9 Based on the Archtect's observations and
evaluations of the Contractor's Applications for Payment. the
Architect shall review and ceriify the amounts due the
Contractor.
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment. that the Work has
progressed to the point indicated and that. 10 Ihc besl OF thc
Architect's knowledge, information and belief, quality of the
Work is in accordance with the Contract Documents The
foregoing representations are subject to an evaluation of the
Substantial Completion, to rcsulls of subsequent tests and
Work for conformance with the Contract Documents upon
inspections. to minor deviations from the Contract
Documents correctable prior to completion and to specific
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act-22-99 02:57P
qualifications expressed by the Architect. The issuance of a
Cemficate for Payment shall Mer constitute a
representation that the Contractor is entitled to payment in the 0 Payment shall not be a representation chat the Architect has
amount certified. However. the issuance of a Certificate for
(I) made exhaustive or continuous on-site impections to
check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right
to payment or (4) ascertained how or for what purpose the
Contract Sum.
Contractor has used money previously paid on account of the
2.6.11 The Architect shall have authority to reject Work
which does not conform to .the Contract Documents.
Whenever the Architect considers it necessary or advisable
for implementation of the intent of the Contract Documents.
the Architect will have authority to require additional
inspection or testing of the Work in accordance with the
provisions of the Contract Documents. whether or not such
Work is fabricated. installed or completed. However, neither
hs authority of the Architect nor a decision made in good
give rise to a duty or responsibility of the Architect to the
faith either to exercise or not to exercise such authority shall
Contractor. Subcontractors. material and equipment suppliers,
their agents or employees or other persons performing
pomons of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
purpose of checking for conformance with information given
Drawings, Product Data and Samples, but only for the limited
The Architect's action shall be taken with such reasonable
and the design concept expressed in the Contract Documents.
promptness as to cause no delay in the Work or in the
consuuction of the Owner or of separate contractors, while
Judgment to permit adequate review. Review of such
allowing sufficient time in the Architect's professional
submittals is not conducted for the purpose of determining the
accuracy and completencss of other details such as
dimensions and quantities or for substantiating insmctions
designed by the Contractor. all of which remain the
for installation or performance of equipment or systems
responsibility of the Contractor to the extent required by the
constitme approval of safety precautions or. unless otherwise
Contract Documents. The Architect's review shall not
specifically stated by the ArchitecL of conshction means,
methods. techniques. sequeuces or procedures. The
approval of an assembly of which the item is a component.
Architect's approval of a specific item shall not indicate
When profcsrional ccrtificatiun of performance
P.05
characteristics of matcrials, systems or equipment is required
by the Contract Documents, the Architect shall be entitled to
rely upon such certification to establish. rhal the materials,
systems or equipment will meet the performance criteria
required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and
Consmction Change Directives. with supporting
documentation and data if deemed necessary by the Architect
aspmvidedinSuhpmgraphs3.1.1 and3.3.3.fortheOwner's
appmvol and execution in accordancc with he Cunlrdct
Documents, and may authorizc minor changes in he Work
not involving an adjustment in the Conmct Sum or an
with the intent of the Contract Documents.
extension of the Contract Time which arc not inconsistent
2.6.14 The Architect shall conduct inspections to determine
the dare or dates of Substantial Completion and the date of
the Owner's review and records wriHen warranties and related
fd completion, shall receive and forward IO the Owner for
documents quired by the Contract Oocuments and
assembled by the Contractor. and shall Issue a final
Certificate for Payment upon compliance with the
requirements of the Contract Documenrs.
2.6.15 The Architect shall interpret and decide maners
concerning performance of the Owner and Contractor undcr
the requirements of the Contract Documents on wrinen
request of either the Owner or Contractor. The Architect's
response to such requests shall be made with reasonable
promptness and withii any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable from
the Contract Documents and shall be In writing or in the form
of drawings. When making such interpretations and initla1
decisions, the Architect shall endeavor to secure faithful
performance by both Owner and Contractor. shall not show
partiality to either. and shall not be liable for results of
interpretations or decisions so rendered in Eood faith.
2.6.17 The Architect's decisions on matters relating to
aesthetic effect shall be fnal if consistent with the intent
expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions within a
question between the Owner and Conrractor relating to the
reasonable time on all claims, disputes or other maners tn
cxccution or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or
Oct-22-99 02:58P P.06
and Contractor. except for those relating to aesthetic effect as
orher manem, including those in question between the Owner
dispufe resolution as provided in this Agreement
provided in Subparagraph 2.6.17. shall be subject to
and In the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
and they shall be paid for by the Owner as provided in this
included in Basic Services unless so identified in Article 12,
Services. The services described under Paragraphs 3.2 and
Agreement. in addition to the compensation for Basic
3.4 shall only be provided if authorized or confnned in
writing by the Owner. If services described under Contingent
Additional Services in Paragraph 3.3 are required due lo
circumstances beyond the Architect's conml. the Architect
shall noti@ rhe Owner prior to commencing such services. If
the Owner deems that such services described under
written notice to rhe Architect. If lhe Owner indicates in
Paragraph 3.3 are not required. the Ouner shall give prompr
are not required, the Architect shall have no obligation to
writing that all or pan of such Contingent Additional Services
provide lhose services.
a 3.2
PROJECTREPRESENTATIONBEYOND
BASIC SERVICES
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3.3 CONTINGENT ADDITIONAL SERVICES
, ... *
3.3.1 Making revisions in Drawings. Specifications ar
other documents when such revisions are:
.1 inconsistent with approvals or insauctions
previously given by che Owner. including revisions
program or Projcct budget;
made necessary by adjusunents in the Owner's
.2 required by the enactment or revision of codes laws
or regulations subsequent lo the preparation of such
documents; or
3 due to changes required as a result of the Owner's
failure to render decisions in a rimely manner.
3.3.2 Providing Services requircd because of signifiicant
changes in the Project including, but not limited to. size.
bidding or negotiating and contracting for construction.
quality. complexity. the Owner's schedule. or the method of
except for services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
proposals, and providing other services in connection with
documentation and suppofling data. evaluating Contractor's
Change Orders and Construction Change Direcrives.
3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specificatians and other
documentation resulting therefrom.
3.3.5 Providing consultauon concemg replacement of
and Furnishing services required in connection with the
Work damaged by fue or other cause during construction.
replacement of such Work.
3.3.6 Providing services made necessary by the default of
the Connactor, by major defects or deficiencies in the Work
of the Contractor. or by failure of performance of either the
Owner or Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive
number of clatms submitted by the Contractor or others in
connection with the Work.
3.3.8 Proriding services in connection wlth a public
hearing, arbitration proceeding or legal proceeding except
where the Architect is party thereto.
3.3.9 F'reparing documentc for alternate. separate or
sequential bids or providing services In connection with
AlA DOCUMENT Dl41 . OWNER-ARCIIITECT AGREEMENI' . FOURTEENTH EDITION - AIA -COPYRIGHT 1987 - TIIF AMERICAN INSTI'IIITI. OF AKCttITECTS. 1731 NEW YORK AVENUE N.W.. WASHINGTON. D.C. 2(1006-5292.: Unliccwed pholccupying biolales U S copyfight law and is rublect 10
Icgal pmrccudan. 'Ihir documcnl was clectronically producd with the permission allhe AIA and can k rcpmduccd rilhoul %~olalmn unlil the date nlcxpwmon ab
notcd hclaw
Electronic Format 8141-1987
User Document MUSKEG0 -- 10122H999. AIA License Number 100786. which expires on 11/22/1999 -. Page #5
Oct-22-99 02:59P
bidding, negotiation or conskuction prior to the completion
of rhe Construction Documents Phase. a 3.4 OPTIONAL ADDITIONAL SERVICES
progra-ing the requirements of the Project.
3.4.1 Providing analyses of the Ownets needs and
3.4.2 Providing fmancial feasibility or other special
studies.
comparative studies of prospective sites.
3.4.3 Providing planning surveys, site evaluations or
3.4.4 Providing special surveys, environmental studies aod
submissions rquired for approvals of governmental
authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities,
systems and equipment.
3.4.6 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof
3.4.7 Providing services to verify the accuracy of
drawings or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed by
separate conkactors or by the Owner's own forces and
coordination of services required in connection with
construction performed and equipment supplied by the
Owner.
consfruction manager or separate consultants retained by the
3.4.9 Providing services in connection with the work of a
Owncr.
3.4.10 Providing derailed estimates of Construction Cost.
3.4.11 Providing detailed quantify surveys or inventories 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 installation of furniture. furnishings and related equipment,
required for or in connection with the selection, procurement
spaces.
3.4.'14 Providing services for planning tenant or rental
P.07
3.4.15 Making investigations, inventories of materials or
equipment. or valuations and detailed appraisals of existing
facilities.
3.4.16 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked-up printr. drawings and other
data furnished by the Conhaactor to the Architect.
3.4.17 Providing assistance in the utilization of equipment
or system such as testing, adjusting and balancing,
preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation
during operation.
3.4.18 Providing services after issuance to the Owner of the
fml Cutificate for Payment. or in the absence of a final
Certificate for Payment, more than 60 days after the date of
Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than
architectural. SfruCNral, mechanical and electrical
engineering portions of the Project provided as a part of Basic
Services.
3.4.20 Providing any other services not otherwise included
in this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
OWNERS RESPONSIBILITIES
4.1 The Owner sball provide full information regarding
requirements for the Projecc including a program which sllall
set forth the Owner's objectives. schedule, constraints and
criteria, including space requirements and relationships.
flexibility, expandability. special equipment. systems and site
requirements.
4.2 The Owner shall estzblish and update an overall
budget for the Project, including the Construction Cost, the
Owner's other costs and reasonable contingencies related to
all of these costs.
4.3 If requested by the Architect, the Owner shall
to Fulfill the Owner's obligations under this Agreement.
furnish evidence that financial arrangements have been made
4.4 The Owner shall designate a representative
authorized to act on the Owncr's behalf with respect to the
Project. The Owner or such authorized representative shall
render c!ecisions in a timely manner penaiuing 10 documenu
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Oct-22-99 03:OOP p.oa
submiaed by the Architect in order to avoid unreasonable
delay in thc orderly and sequential progress of the Architects
rcrvic5.
4.5 The Omcr shall furnish surveys describing physical
charactcristics. legal limitations and utility locations for the
site of the Project, and a w.rinen legal description of the site.
The surveys and lcgal information shall include, as
applicable, grades and lines of streets. allcys, pavements and
adjoining propmly and StluCNres; adjacent drainage;
rights-of-way, restrictions, easements, encroachments.
zoning. deed mtrictions. boundaries and conw of thc site;
locations, dimensions and necessary &to perraining lo
existing buildings, other improvements and trees; and
information concerning available utility services and lines,
both public and private. above and below grade, including
inverts and depths. All the information on the survey shall be
refcrenced to a project benchmark.
4.6 The Owner shall furnish the services of geotechnical
cngineers when such services are requested by the Architect.
Such senzices may include but are not limited to test borings.
test pits, determinations of soil bearing valuch. percolation
tcsts. evaluations of hazardous materials. ground corrosion
and resistivity tests. including necessary operations for
anticipating subsoil conditions. with reports and appropriate
professional recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services are reasonably required by the
scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural. mechanical.
chemical, air and water pollution tests, tcsu for hazardous
materials. and other laboratory and environmental tests,
inspections and repom required by law or the Contract
Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any
tinle for the Project, including auditing services the Owner
may require Io verify the Conbactor's Applications for
Payment or to ascertain how or for what purposes the
Contractor has used the money paid by or on behalf of the
Owner.
0
4.9 The services, information, surveys and repom
required by Paragraphs 4.5 through 4.8 shall be furnished at
the Owner's expeose. and the Architect shall be entitled to
rely upon the accuracy and completeness thereof.
4.10 Prompt wrincn 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 Conmct
Documents.
4.11 The proposed language of certificates or
certiftutions requested of the Architect or Architect's
consultanu shall be submitted to the Architect for revica and
approval at least 14 days prior to execution. The Owner shall
not request certifications that would require knowledge or
services beyond the scope of this Agreement.
CONSTRUCTION COST
ARTICLE 5
5.1 DEFINITION
5.1.1 The Consmction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by he Architect.
current market rates of labor and materials furnished by the
5.1.2 The Construction Cost shall include the cost at
Owncr and equipment destgned. specified. selected or
specially provided for by the Architect. plus a reasonable
allowance for the Contractor's overhead and profit. In
addition. a reasonable allowance for contingencies shall be
changer in the Work during consmction.
included for market conditions at the time of bidding and for
compensation of the Architect and Architects consultants. the
5.1.3 Commction Cost does not include he
costs of the land rights-of-way, financing or other COSIS
which are the responsibiliry of the Owner as provided in
Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Evaluations of the Owner's Project budget.
preliminary estimates of Construction Cost and detailed
estimates of Consmction Cost. if any, prepared by the
Architect, represent the Architect's best judgment as a design
professional familiar with the consmction Industry It is
recognized, however. that neither the Architect nor the Owner
has control over the cost of labor, materials or equipmenl.
over the Conkactor's methods of detemuning bid pnces, or
over competitive bidding. market or negotiating condttionq.
Accordmgly, the Architect cannot and does not wanant or
represent that bids or negotiated prices will not vary from the
Owneh Project budget or from any estimate of Construcnon
Cost or evaluation prepared or agreed to by the Architect.
5.2.2 NO fixed limit of Construction Cost shall be
established as a condition of IIUS Agrecmcnt by rhc
fumishmg, proposal or establlshment of a Rojcct budget,
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Oct-22-99 03:OlP P.09
signed by the parties hereto. If such a fued limit has been
unless such fixed limit has been agrecd upon in writing and
established. the Architect shall be permitted lo include
contingencies for design, bidding and price escalation. to
determim what matenals. equipment, component systems and
types of consnuctlon are to be included in the Contract
Documenrs. to make reasonable adjusunents in the scope of
the Project and to include in the Contract .Documents
alternate bids to adjust the Construction Cost to the fued
limit. Fixed limits, if any, shall be increased in the amount of
an increasc in the Conbact Sum occurring after execution of
the Conhct for Construction.
commenced within 90 days after the Architect submits the
5.2.3 If the Bidding or Negotiation Phase has not
Consrmcdon Documenu to the Owner. any Project budget or
fixed limit of Conshuction Cost shall be adjusted to reflect
changes in the general level of prices in the consnuction
industry between the date of submission of the Consnuction
Documents to the Owner and the date on which proposals are
sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided ~n Subparagraph 5.2.3) is exceeded by the lowest
bona fide bid or negotiated proposal. the Owner shall:
1 give wrltren approval of an increase in such fixed
limit;
0 .2 authorize rebidding or renegotiating of the Project
within a rearonable time;
.3 if the Project is abandoned, terminate in accordance
.\n,ith Paragraph 8.3: or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause
5.2.4.4. the Architect, without additional charge, shall modify
the Contract Documents as necessary to comply with the
The modification of Contract Documents shall be the limit of
fixed limit. if established as a condition of this Agreement.
the Architect's responsibtliry arising out of the esrablishment
of a fixed limir The Architect shall be entitled to
compensation in accordance with this Agreement for all
services performed whether or not the Construction Phase is
commenced.
USE OF ARCHITECT'S DRAWINGS,
ARTlCLE 6
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documenls
prepared by the Architect for this Project are insnuments of
me Architeds service for use solely with respect to this
Project and, unlcss othenvise provided. the Architect shall be
deemed the aurhor oi these documenrs and shall retain all
common law. statutory and other reserved rights. including
the copyright. The Owner shall be permitted to retain copies,
including reproducible copies, of the Architect's Drauzings.
Specifications and other documents for information and
reference in connection with the Owner's use and occupancy
of the ~OJCC~. The Architect's Drawings. Specifications or
other documenis shall not be used by the Owner or others on
other projects. for additions Io this Projat or for completion
be in default under this Agreement. except by agreement in
of this Project by others, unless the Architect is adjudged to
as provided in Section 12.6.
writing and with appropriate compensation lo the Architect or
6.2 Submission or distribution of documenls to meet
ofticial regulatory requirements or for similar purposes in
connectioo with the Project is not lo be construed as
publication in derogation ofthe Architect's reserved rights.
AlA DOCUMENT 0141 . OWNER-ARCHIZCT AGREEMENT. FOUHTEEMH EDITION - AlA .COPYRIGHT 1987 . 'THE AMEMCAN INSrlTU rr OF
prosecution. Thlr dncumcnl wa electronically pmduccd with de pemirrmn olthc AlA and can bc rcproduccd wiuloul wolaion mil the dm ol~rp~rat~~ as
ARCHITECTS, I735 NEW YORK AVENUE N.W.. WASHtNCTON. D.C. 2WW-5292.; Unlicensed phomcopytng vmla~s U.S. copyright law and is subject LO
noted beluw.
Elecbonic Format 8141-1987
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Oct-22-99 03:OZP
TERMINATION, SUSPENSION OR
ARTICLE 8
ABANDONMEW
8.1 This Agreement may be terminated by either party
upon not less than scvm days' written notice should Ihe other
party fail substantially to perform in accordance with the
terms of this Agreement through no fault of the party
initiating the termination.
8.2 If the Project is suspended by the Owner for more
than 30 consecutive days, the Architect shall be compensated
for services performed prior to notice of such suspension.
shall be equitably adjusted to providc for expenses incurred in
When the Project is resumed, the Architecfs compensation
the intemption and resumption of he Architects services.
8.3 This Agreement may be terminated by the Owner
upon not less than seven days' written notice to the Architect
in the event that the Project is permanently abandoned. If the
Project is abandoned by the Owner for more than 90
consecutive days, the Architect may terminate this Agreement
by giving wmen notice.
8.4 Failure of the Owner to make payments to the
Architect in accordance with this Agreemenl shall be
considered substantial nonperformance and cause for
termination.
8.5 If the Owner fails to make payment when due the
Arcbitect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend performance
of services under this Agreemenl. Unless payment in full is
received by the Architect within scven days of the date of the
notice. the suspension shall take eflect without further notice.
have no liability IO the Owner for delay or damage caused the
In the event of a suspension of services. the Architect shall
ONncr because of such suspension of services.
P. 10
Architect. the Architect shall be compensated for services
8.8 In the event of termination not the fault of the
performed prior to termination. together with Reimbursable
Expenses then due.-ee84-+*-
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MISCELLANEOUS PROVISIONS
ARTICLE 9
9.1 Unlcss otherwise provided, this Agreement shall be
governed by the law ofihe principal place of business of the
Architect.
9.2 Terms in this Agreement shall have the same
Conditions of the Contract for Construction. current as of the
meaning as those in AIA Document AZOI. General
date of this Agreement.
9.3 Causes of action between the parties IO this
deemed to have accrued and the applicable statutes of
Agreement pertaining to acts or failures to act shall be
date of Substantial Completion for acts or failures to act
limihtions shall commence to run not later than either the
occurring prior to Substantial Completion. or the date of
issuance of the final Certificate for Payment for acts or
failures to act occurring after Substantial Completion.
9.4 The Owner and Archtecr waive all rights against
each other and against the contractors. consultants. agents and
employees of the other for damages. but only to the extent
covered by property insurance during construction. except
such rights as they may have to the proceeds of such
insurance as set forth in the edition of ALA Document A201.
m AIA UOCUMENT E141 . OWNER-ARCHITECT AGREEMENT - FOURTmNTIi EDITION - AIA .COPYRIGHT 1987 - THE AMKRICAN INSll~ul E or
ARCHITECTS. 1735 NEW YOKK AVENUE N.W.. WASHINGTON. D.C. 20006.5292.; Unlicenred phomcopying violates US coppghl law and is subject tu
lcpl pmsecuUon. This documnt Was clcclmnically pmduced with the pemirrian ollhe AIA and can bc reproduced withou< Y~O~~LIOII until thc daw alcrplratiun as
old below.
User Document: MUSKEG0 -- 10/22/1999. AIA License Number 100786, which expires on 11/22/1999 __ page #g
Electronic Format 8141-1987
Oct-22-99 03:03P
General Conditions of the ConUact for Conrtnrctios current
as of the date of lhis Agreement. ne Owner and Architect
each shall require similar waivers from thcu contractors. e consulants and agena:
9.5 The Owner and Architect, respectively, bind
themselves, their parmers. successon, assigns and legal
representatives to the other party to this Agreement and to the
parmen, successors, assigns and legal representatives of such
other party with respect to all covennnu of this Agrcemcnt.
Neither Owner nor Architect shall assign this Agreement
without the written consent of the other.
9.6 This Agreement represents the entire and integrated
agreement between the her and Architect and supersedes
all prior negotiations. representations or agreements, either
written or oral. Th~s Agreement may be amended only by
writtcn instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agrcnncnt shall creatc a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreemenl, the
Architect and Architect's consultants shall have no
rcsponsibility for the discovery, presence, handling, removal
or disposal of or exposure of persons to hazardous materials
in any form at the Project site, including but nor limited to
asbesros, asbestos products. polychlorinated biphenyl (PCB)
or other toxic substanccs.
9.9 The Architect shall have the right to include
reprcscntations of the design of the Project. including
photopraphs of the exterior and interior, among Ihc
Architerr's promotional and professional materials. The
Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has
previously advised the Architect in wriling of the specific
proprietary. Thc owncr shall provide professional credit for
information considered by the Owner lo be confidential or
materials for the Project.
the Architect on the construction s~gn nnd in the promotional
PAYMENTS TO THE ARCHITECT
ARTICLE 10
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is dehed as the direcl
salarics of the Architect's personnel engaged on the Project
contributions and benefils related thereto. such as
and the portion of the cos1 of their mandatory and customary
employment taxes and oker statutory employee benefits,
P.11
similar contributions and benefits.
insuyxe, sick leave, holidays, vacations, pensions and
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in additton to
compensation for Basic and Additional Services and include
expenses incurred by the Architect and Architects employees
and consultants in the interest of tbe Project. as identified in
he following Clausa All reimbursable expmscs referred 10
borings. DILHR and City plan reviews and document printing
in Article 10.2 specifically to include land survey. soil
$25.000.
for bidding purposes. shall not exceed a maximum of
10.2.1.1 Expense oftransportation in connection with thc
Project; expenses in connection with authorized out-of-town
uavel; IongAstance communications: and fees paid for
securing approval of authorities having jurisdiction over the
Project.
10.2.1.2 Expense of reproductions. postage and handling
of Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings. models and mock-ups
requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or
limits, including professional liability insurance, requested by
the Ownm in excess of bat normally carried by the Architect
and Architect's COnSuhIts.
10.2.1.6 &peaee+f-&-
kt.
10.3 PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is
the minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Scrvices shall be
made monthly and, where applicable, shall be in proportion
to services performed within each phase of service, on the
basis set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established
in Subparagraph 11.5.1 of lhis Agreement is exceeded or
extended through no fault of the ArchitecL cornpensarion for
any services rendered during the additlonal period of time
shall be computed in the manner set forth in Subparagraph
AlA OOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH LDITION . AlA -COPYRIGHT 1987 . TlIE AMEFXAN INSTITtITL! OF
AKCHITfiCTS. 1735 NEW YORK AVENUE N.W.. WASHINGTON. D.C. 2W06J292.: Unlncmred photocopying violales U.S. copyright laws and is rubjecl LO
lcgal pmrcsulion. This documcnl u-b( ClCCtmnically produced wilh the mission arthe AIA and can k rcpdurcd without violalmn unlil thc dale uf cspiralmn as
norcd below. a Electronic Format 8141-1987
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I Oct-22-99 03:04P
11.3.2.
P. 12
Conrtruction Cost andaoy poltions of the Project are deleted
10.3.4 Whcn compcnsation is based on a percentage of
or otherwire not constructed. compensation for those portions
of the Project shall be payable lo the extent services are
performed on those portions. in accordance with the schedule
bona fide bid or negotiated proposal, or (2) if no such bid or
set forth in Subparagraph 11.2.2, based on (1) ulc lowest
services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
compensation on account of penalty. liquidated damages or
10.5.1 No deductions shall be made from the Architect's
account Of the cost of changes in he Work other than those
other sums witbheld from payments to contractors, or on
for which the Architect has been found to be liable.
proposal is received, the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost 10.6 ARCHTTECT'S ACCOUNTING RECORDS
for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
10.6.1 Recordr of Reimbursable Expenses and expenses
pertaining to Additional Services and services performcd on
available to the Owner or the Owner's authorized
the basis of a multiple of Direct Personnel Expense shall be SERVICES
10.4.1 Payments on account of the Architecl's Additional representative at mutually convenient times
monthly upon presentation of the Arcbilect's statement of
Services and for Reimbursable Expenses shall be made
BASIS OF COMPENSATION
ARTICLE 11
The her shall compensate the Architect as follows:
11.1 AN MITIAL PAYMENT of One Thousand Dollars (S 1,000.00 ) shall be made upon execution of this Agreement and
credlred to the Owner's account at ha1 payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2. and any other services included in Article 12 as part of Basic Services,
Barlc Compensation shall be computed as follows: (Inren basis of compensation. mcluding stipulated sums, multiples or percentages,
and Identify phases IO which parlicular methodr of compensation apply. if necessary.)
Lump Sum fee for completion of Construction document^ of $62.000
Lump Sum fee for completion of Bidding and Construction Adminishation duties of S13.200
11.2.2 where compensation is based on a stipulated sum or percentage ofConsmction Cosl, progress payments for Basic sc,-,ices
tn each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.)
0 ..
Schematic Design Phase: percent ( I5 %)
Consrmctioo Documents Phase:
Design Development Phase: percent ( I5 %)
percent ( 50 %)
Bidding or Negotiation Phase: percent ( 5 %)
Construcrion Phase: percent ( I5 %)
Total Baric Compensation one hundred percent( loo%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as described in Paragraph 3.2, compensation shall be
computed as follows:
11.3.2 FOR ADDITlONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional project
e
I Oct-22-99 03:05P P. 13
Rcpresenmtion, as described in Paragraph 3.2. and (2) services included in Aaicle I2 as pan of Basic Services, but excluding sewices
(lnrm bmd of mmpcaruion. indudinp IOICI &or mulriplrr 01 Dived Pcnmncl Expense for Princ@#ls wd employee. and ,dm@ Princlpnlr nnd clorsv~
of consul~nts, compensation shall be computed as follows:
rmplo-, frqud. Idmrfi rprcific xm'cu IO which particular nurhods of conpenrnrion apply, ifneccrmry)
Hourly Rates computed on basis of 1.75 of actunl wages aa follows:
Principal s95.00
Project Architect 572.00
Architect 554.00
Designer $45.00
Clerical $31.00
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional suuctural, mechanical and electrical
engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a
multiple of one ( I ) times the mounts billed to the Architect for such services.
({dento ~p~ijir typu ofmnrullmn in AHicle 12, vrquired.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as describcd in Paragraph 10.2. and any olher items included io Article 12 as
Reimbursable Expenses. a multiple of one ( I ) limes the expenses incurred by the Architect, the Architect's employees and
consultants in the interest of the Project
11.5 ADDITIONAL PROVISIONS
hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in
11.5.1 IF THE BASIC SERVICES covered by this Agreement hove not been completed within eighteen ( IS ) months of be dale
Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid ( ) days
after the invoice date shall bear interest at the rate entered below. or in the absence thereof at the legal rate prevailing from time to
tune at the principal place of business of the Architecl.
(Inre" rare o/inremr, *gd "pa".)
none
I
~ 0.
,
(Lhury bwr nnd requimmmlr under the Fedem1 Tm1.h tn LEndiinr Act. rimilnr nnlc ond loco1 ~on.wrnrr credit laups and orher r,=gular;onr ,I,. O*nr, 1
Arrhifedr prinripnl placer o/bur;nrrr. the' lornrion of the Projrer nnd rlrorhere my @ecr the vnl;d;Iy o/rhir provision. spc@ lrgnl nd,.;cc ,hould be o&,,,ned
rrrh rrrperr to ddcrionr or modificmicm. ond nho regording rquircmcnlr rud os wrirrcn dirclosvrer or wnirerr.,
11.5.3 The rates and multiples se1 forth for Additional Services shall be annually adjusted in accordance with salary review
practices of the Architect.
User Document: MUSKEGO -- 10/22/1999. AIA License Number 100786. which expires on 1 i/zz/t~gg .. page #12 Electronic Format 8141.1987
P. 14
n,iS Agreement entered into us of the day and year fmt written above.
OWNER City of Mwkego ARCHITECT Barricnt os Dcisgn & Consulting. LLC.
AM DOCUMFN'r 0141 . VWWER.ARCHITF.Cr AGREEMEN1 -FOURTEENTH EVITION - AIA -COPYRIGHT I987 -THE AMERICAN INSrITU rE OF
ARCHITECrS, I115 NEW YORK AVENllk N W . WASHINGTON. D.C. 213006-1292.: Unhcmxd pholoeopying violates G.S. copyighl laas and is rubpt en
pmrccvcoon. 'rhb drruml was clccaanically produced with Uc pcmursion orlhc AIA and can bc repproduced WaIhouL vmlation until Ihc Jaw oicxp,ration 3s
otsd bcloa.
Elccrronic Format 8141-1981
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