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Home My WebLink About20130974.tiffRESOLUTION RE: APPROVE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT AND AUTHORIZE CHAIR TO SIGN - ROBERT SHREVE ARCHITECTS AND PLANNERS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Standard Form of Agreement between Owner and Architect between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Robert Shreve Architects and Planners, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Standard Form of Agreement between Owner and Architect between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Robert Shreve Architects and Planners, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of April, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COJJNTY, COLORADO ATTES 0 Weld County Clerk to the Board BY: ounty> torney Date of signature:MAY 0 1 2013 William F. /Garcia, Chair /% ouglaJRaemacher, ro-Tem Oa - '. e 6-1 5(i 2013-0974 BG0015 1 997 ED TT TO N Agreement Between Owner and Architect of Architect's Services AIA DOCUMENT B141-1997 Standard Form of wit/i Standard form AGREEMENTInadea' ,ithe 17th day of April in the year of 2013 BETWEEN the Architect's client identified as the Owner: Weld County 915 10th Street Greeley, Colorado 80651 and the Architect: Robert Shreve Architects and Planners, inc. 801 8'" Street, Suite 120 Greeley, Colorado, 80631 For the following Project: Renovation and remodeling of the Weld County Human Services Building located at 1551 North 17`h Avenue. The building has approximately 15,300 square feet. The central portion of the building including meeting rooms, rest rooms and clinic will not be a part of this project. Phase one of the work will take place in the northeast portion of the building. The existing rooms will be demolished. The space will be remodeled for records department now located in the southwest wing of the building. The Owner and Architect agree as follows: The architect will prepare contract documents for the construction as outlined above. He will assist the owner in obtaining and evaluating bids for the construction of the structures. During the construction period he or his representative will visit the site periodically to determine the progress of the project, he will review shop drawings submitted by the contractor and provide clarification of the contract documents as requested by the builder. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF' ARTICLES I.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS I.3 SCOPE OF SERVICFS AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION 01999 AlA,i AIA DOCUMENT BN1-1997 STANDARD FORM AGREEMENT 2013-0974 en= .. .Fr' _ii I): ;Tory, „ ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. For a period of 2 years from the date of the contract 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: Phase one of the project is to renovate existing classroom and meeting space to enable the relocation of the Records Department. 1.1.2.2 The physical parameters are: The existing building is approximately 15,300 square feet, approximately 3,600 S.F. will be remodeled in Phase One. 1.1.2.3 The Owner's Program is: Renovation will convert existing spaces to offices, conference rooms and a medical clinic which will include examination rooms and limited lab space. There will also be an area converted to a record receiving and processing center. 1.1.2.4 The legal parameters are: NA 1.1.2.5 The financial parameters are as follows: Amount of the Owner's budget not to exceed $1,000,000.00. 1.1.2.6 The time parameters are: Design work to begin in April 23,2013. 1.1.2.7 The proposed procurement or delivery method for the Project is: A general contractor will be selected, method to be determined and charged with the construction of the project. 1.1.2.8 Other parameters are: Preliminary architectural planning, mechanical and electrical design services for the building are included as a part of the architectural fee. Architectural fee does not include Civil Engineering design for on or off site improvements. (01997 AIA@ ALA DOCUMENT 6141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W Washington, D.C. 20006-5292 WARNING Unlicensed ohotocoovino violates 11.S coovriaht laws and will subiect the violator to leoal 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: Toby Taylor Buildings and Grounds 1105 H Street Greeley, CO 80632 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: Weld County Board of Commissioners 1.1.3.3 The Owner's other consultants and contractors are: N.A. 1.1.3.4 The Architect's Designated Representative is: Robert Shreve 801 89h Street, Suite 120 Greeley, CO 80631 1.1.3.5 The consultants retained at the Architect's expense are: Mechanical Engineering, AE Associates Electrical Engineering, R.J. McNutt and Associates 1.1.4 Other important initial information is: 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement. 1.1.6 The information contained in this Article Li may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.3-3. U i 99) AIAO AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT 'rhe American I nanit we of Architects 1735 New York Avenue, N.W. Washington. D. C. 2000-5292 VJADEIlkIn Inrranenn nnnrnr6nnvinn vinlafae I I c .nn.,nn Fl lm.ro nnn,.,LU enh.eN IFn vinlelm rn larval ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 'file Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph r.5.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may he reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall he consistent with the time periods established in Subparagraph I.t.a.6 and which shall he adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. WARNING:Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©I997 AIAOO AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 i 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services, The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall he entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall he included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the :Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. i ©1997 AIA MA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use sole- ly with respect to this Project. The Architect and the Architect's consultants shall he deemed the authors and owners of their respective Instruments of Service and shall retain all common late, statutory and other reserved rights, including copyrights. 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexelusise license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due. under this Agreement. The Architect shall 1 WARNEkti: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall he deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph L3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. I lowever, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall he entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ©1997 ALA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 i .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality complexity, the Owner's schedule or budget, or procurement method; .s failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article r.l. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such hatter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall he filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration hut, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall he stayed pending mediation for a period of 60 days from the date of filing, unless staved for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall he held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in anv court haying jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3.5.2 Claiius, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall he in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. i ©1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, :Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 dispute or other matter in question not described in the written consent or with a person or entity not named or described therein.lhe foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall he specilicalh enforceable in accordance with applicable law in ally court having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall lie final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. this mutual waiver is applicable, without limitation, to all consequential damages due to either partys termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall he governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act 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. hi no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A_2o1, ( kneral Conditions of the Contract for Construction, current as of the date of this Agreement. 1he Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 finless otherwise provided in this .Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to haiardous materials or toxic substances in ally form at the Project site. 1.3.7,7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the :Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has pies io isly advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owners promotional materials for the Project. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 1 ss 1 01997 AIA) AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 i 1.3.7.8 if the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least µ days prior to the requested dates of' execution. The Architect shall not he required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, hind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. the Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and case for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall he paid all sunhs due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall he compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining sea ices and the time schedules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than yo consecutive days, the Architect may termmate this Agreement by giving not less than seven days' written notice. 1.3.8.4 This Agreement may he terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement mar be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. O . 0 Ot..31p ©1991 AIA®O AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D . 20006-5292 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all 'termination Expenses as defined in Subparagraph 1.3.8.7. 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value ofthe services not performed by the Architect. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the .Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses arc in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .s renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 other similar direct Project -related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may he amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document 1h41-199:. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document 13141-1997, or as follows: List who datinnult>, if,nrr. ,ielirraarirry_lydrilc t'> scope of territs.' 1.4.1.3 Other documents as follows: 1 Lisl whet- ,hs ww'nts, it our. pn'uun,c port of lh. asarcun'nti 1 ©1997 AIA© AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, NW Washington, D.C. 20006-5292 'NA,ABI.ti: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Lump sum of $9,800.00 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3- 3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. Hourly Rate Schedule of Consultants Robert Shreve Architects and Planners, inc Project Manager Project Architect Field Observation Specifications writer Cad Operator Clerical AE Associates Project Manager Engineers Designers Cad Operator RJ MCNutt and Associates Principal Engineer Designer Cad Operator Clerical $115.00 /hr $100.00 / hr $80.00/hr $80.00/hr $60.00/hr $40.00/hr $145.00/ hr $115.00 /hr $105.00/ hr $ 65.00 / hr $115.00 /hr $ 95.00/hr $ 80.00 / hr $ 60.00 / hr $ 45.00 / hr 1.5.3 For a Change in Services of the Architects coy cult s, r . E_ - computed as a multiple of ( 1.10% ) times the amounts tAcJct expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: Reproduction of Contract documents for bidding purposes are a reimbursable expense and will be provided at cost 0:1997 AIA@ AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American 1 ',Thane of Architects 1735 New YorkMt-nue, N W. Washington. U C 2o:oe-stet 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment no Dollars (s 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall .. -. _,red t'_I the Owner's account at tina) payment Subsequent payments for services emnntly, and where applicable, shall be in proportion to services —mad or dot forth ;ri Agra= _ Payments are dure ..i,_ payable., - of tin.._ ... ...._ ':p_ddTIVOiCG ar o _e -- c _ tre dat9 ) day: altar tre j I (If v 1\ plc I jb C t°c j I Primed name and title) APR 2 2 2013 ,Printed name arta:tie, William F. Garcia Chair, Board of Weld County Commissioners CAUTICIN. YOU should sign an original MA document or a licensed reproduction. Originals contain the AiA logo printed in red: licensed reproductions are those produced in accordance with the Instructions to this document. 01997 AIAiU AiA DOCUStENT DMI-1997 cT nmDApD FORM AG;pEEmENT The American Institute of Architects 1735 Ness York Avenue, N.W. Washington, L). C. 201)06-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal .c2/3 -0279 Hello