The URL can be used to link to this page

Browse Search

Home My WebLink About20060480.tiff •, . *AI Document B14�TM - 1997 Part 1 .rd Form of Agreement Between Owner and Architect andard Form of Architect's Services MENfzmadeasoe Third dayof ary "`"` eyear Two T `'usand `Six words ate t th'and year) l'",,,;:,',,1 tf 1 it, EN ti ent identified as the Owner r{na i s �3 �t�- a .�. a Yon • RThis dacLfineta hay imptortant d 7 t , n !' 1 1< . k, , r t i+ r e r . x a a• s , 1 e r ' a,t stfkdriwed+ ,ft an attorney ,, r f C t Y , ' 3 is en dureped ywtth re5Pect to' ;r a�Y:"�ct>n�ler°`m°d�t�apen f ! �a11 •:c.:04 .• ' p '?t , a 11 l •te° S noers,'.Inc. F a to .150 4 - aoect ac ' t p t - ct) xt � -- r ld County Jail=Complex consisting of the '''.1..-'-'4.1':1'G'' ,. 4 '. y•:6 8 r . • eet; `374 Inmate Housing Expansion `4 �}) ad acerb ase II Jail Expansion completed in 2002. f ', .. ,.1(4 ,S' .;;'alt g ', t,,-*,,�., iik-F Y' T'd'�• R h L"•G e.t Id e ^krF'Y1YnYi.e �.M .��2;; �.a d � The Owner and Architect agree as follows: Pn D ?g MA Document 8141 ra—1997.Copyright m 1917,1926,1948,1951,1953,1958,1961,1963,1968,1967,1970,1974,1977,1987 and 199 by The American Institute of Architects.All rights reserved.WARNING:This AIAa Document Is protected by U.S.Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIAa Document,or any portion of It,may result in severe civil and criminal.penalties,and will be prosecuted to the maximum extant possible under the law.Purchasers are permitted to reproduce ten(10)copies of this doci r port copyri t violations of AlA Contract Documents,a-mail The Am can institute of Architects'legal counsel,copyright@aia.c 2006-0480 1f ens 1, I 4 `�' LAC : U- TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 ` : RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION ARTICLE 1.1 INITIAL INFORMATION §111.1 This Agreement is-based on the following information and assumptions. (Note the disposition)or.the f¢llowing items by inserting the requested information or a statement such as "not applicable "unknown at time of execution"or"to be determined later by mutual agreement") §1.1:2,PROJECT PARAMETERS §1.1.2.1 The objective otcusekis: (Identify or describe, tfappropriate,proposed use orgoals.) Provide "86 ,358-:square.-feet of jail expansion space for 374 inmates including eleven (11) security separations for (9) Men's Medium Security; (2) Women' s Dorm.Minimum:'Securi,'ty; 88 beds §1.1.2.2 The physical,parnttreter9 are: (Identiff;or describe if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site) Building expansion shall be located immediately east of One East Expansion comp;leted` in 2002. The new facility expansion shall be connected at lower level east-corridor, only; new north entry at "0" Street parking lot. All new utility services:shall be required for the new facility expansion. §1.1.2.3 The Owner's Program is. (Identify documentation or state the manner in which the program will be developed.) The Owner representative and assigned staff shall work with the Architect and Engineers to develop the program••and space needs plan. Schematics shall be approved by Owner prior( to construction'document phase. §1.1.2.4 The legal parameters.are: (Identify pertinent legal information, Including, if appropriate,land surveys and legal descriptions and restrictions of the site.) ' All sitesurveys 'and legal descriptions shall be provided by others under separate contracts with Owner. §1.1.2.5 The financial parameters are as follows. 1 Amount of the Owner's overall budget for the Project,including the Architect's compensation,is: TBD; 5% of the overall construction cost of the project •- .2 Amount of the Owner's budget for the Cost of the Work,excluding the Architect's compensation,is: $15,300,000 (Not Too Exceed) AIA Document 8141 TM-1997.Copyright®1917,1926,1948,1951,195®1958,1961,1963,1966,1967,1970,1974,1977,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §1.1.2.6 The time pammeters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Schematic Design Approval 2-02-06 " g:resign• Development/Outline Specifications 3-01-06 " , struction Do cum ents Completion 6-17-06 � � '> ° 7-01-06.toa8-15-06 s phase 1 13 7 The proposed procurement or delivery method for the Project is: a ratify method such as competitive bid, negotiated contract, or construction management.) r r chitectural/Entineering Design; Bid/Build by CM/GC)7 kt.tte ; �i1 2 8jar. rr , e: idntify 1 c ,p ris i $or needs of the Project such as energy, environmental or historic preservation X • ©•,eclt' ' al. be 't igned to meet Weld County Jail Adminstration Operational 44 } 4, tr. ti&&a^1ar s #ppei + by them. Project shall be designed to meet minimum a. 17;24fit R. e co •..5. i 5 *,j A PR -CT si 3, bw esz- 4 Representative is:it.`',t". `, ! st z m ;a �ys am ai4 snformation.) . . 7,3 x., 9i 1 r� Pt t•"P-ers , no,,, eld County Director of General Services i.�". _ t ,iq � �i,c9 la _url �i 9w i 1, .&i2, 'he;Rei$°al9,'r9,t rt"`--1 awe' in addition to the Owner s Designated'Represen[atrve,who are required to review the ¢'."a s e1 s�t ,4 f 4Owner Rra,.r. st name adreresr other i a It) z ,Tek=9D{1' eld Gou 99 ty�Sheriff Bureau Chief irxSen �eesa�n, Weld County Sheriff Deputy Bureau Chief �yy ,�" ty "4^hf i' P, 'y� 9 4p. 8 J"k Sri . { h• 4A.� "F3 9.: "93x' `k4.7t�u1":; a . and' 'l°I.3 3 The Owner's other,consultants and contractors are: .,c:.! i•, °Itistdiscip tne,aru�� Z©wry, identify them byname and address.) KBN,Engineerin4(( vi,I,:Engineers) u gil s tr�,i r i a „ s „• 4T §1.1.3.4 The Architect's Designated Representative is: ,(List name,aaddress and other information.) Mr.. Loren .B1ey, C-1616 5312 W. 9th Street Drive, Suite 150 Greeley, Colorado 80634 AIA Document B141TM—1997.Copyright©1917,1926,1948,1951,1953d 1958,1961,1963,1966,1967,1970,1974,1977,1967 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mail The American Institute of Architects'legal counsel,copyright@aiaorg. §1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Kirkham-Michael Consulting Engineers The RMH Group 5600 South Quebec Street, Suite 200D 12600 ' Lakewood, C0.West Colfax Avenue ,,Gr<eepwood Vilage, CO. 80111 80215 - Sttuciural Engineers Mechanical/Electrical Engineering .i§1.1.4 Other important initial information is Audio-Video Visitation Electronic Media to be- completed by ,Owner's vendor. ` D vi ion;11 and 3 Security Workscope Design/Build 'by Sierra Steel under separate vendor :contrac .with owner. ' x"1;1.5 Whenlhe serilceSi ,der this Agreement include contract administration services,the General Conditions of the contract for4?4nstri ctioc tshall be the edition of AR Document A201 current as of the date of this Agreement,or as `irfpllows I 013.t-4'''''., q 4 fi$. 3 ��$ 'r v� '�4�. rC h k'y t t 44 hit § } S,The informationcontained in this Article 1.1 may be reasonably relied upon by the Ownernnd Architect in determining-the Ar to 's com sensation.Both parties,however,recognize that such information may change and,in h(tat a Tent the Owne`"no to chitect shall negotiate appropriate adjustments in schedule,compensation and Change n Sen'tcesj "accord ance w Kk ection 1-3-3. , gRTICLE 1.2 RESPONSIBILITIES OF THE PARTIES §1The Owner andfilif hltect shall cooperate with one another to fulfill their respective obligations under this Agreement Both parts tshaendeavor to maintain good working relationships among all members of the Project r ';,fteamS w' h,cc it-11,,s, g.. - 7 Wit , ;'t . ; pri.2. .1`Unless otherwise provided under this Agreement,the Owner shall.provide full information in a timely 'r;<mannerregardmgxe i'�`re^�° is for and limitations on the Project.The Owner shall furnish to the Architect,within 15 i °` rk 'i In `�re uen '"information necessary and relevant for the Architect to evaluate;give'notice of daya afterrerieiptrl,,,-wsrtte q44 i 3F ror enforce lien right . r i,§1.2:21 ThegOwnerl3shall periodically update the budget for the Project,including that portion allocated for the Cost ,,s of the Work.The Owner shall not„significantly increase or decrease the overall budget,the_portion of the budget allocated for the Cost of thQWork'.o of tingencies included in the,overall budget:or a portion of the budget,without the a reement of the Architec o` fr� sponding change in the Project scope and quality.' ;, §1• 22.3 The Ownei s Designated Representative identified in Section 1.1.3 shall be authorized to actor the Owner's behalf with respec(sto,the Pr ect.The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining toy cements submitted by the Architect in order to avoid unreasonable delay in the orderly andEsequent•tal progress of 1 'Architects services. *7'''''''';17. §1.2.2.4 The Ownershall furnish the services of consultants other than those designated in Section 1.1.3 or author ze the Arc.hitecttofuinislhthem as a Change in Services when such services are requested by the Architect and are reasonably requiredlby the scope of the Project. ,7,,.:7§1.2.2:5 Unless otherwise provided-in this Agreement,.the Ownershall 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, i'1, and testslforhazaardous materials. kat4§h1'22..67k 4wnershall furnish all legal,insurance and accounting services,including auditing services,that may be seasonably necessary at any time for the Project to meet the Owner's needs and interests. AIA Document 8141'-1997.Copyright O 1917,1926,1948,1951,1953d 1958,1961,1963,1966,1967 1970,:1974,1977;1987 and 1997.by The 4 American Institute of Architects.All.rights reserved.WARNING:This AIA Document is protected by U.S Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alt Document,or any portion of it,may'result In severe civil:an tl •criminal penalties,and will be prosecuted to the maximum extent possible.under;the law.Purchasers are permitted to reproduce ten.(10)copies of this document when completed.To report copyright violations of MA Contract Documents;e-mail The American Instil ute of Architects'legal counsel,copyright@aia.org. §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. §12 3 ARCHITECT 41'2311 The services performed by the Architect,Architect's employees and Architect's consultants shall be as icF renumeruated 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 ,- ,t'performance of the Architect's services which initially shall be consistent with the time periods established in Section s 1 1.1.2.6 and which shall be adjusted,if necessary,as the Project proceeds.This schedule shall include allowances for F''` "4`rperiods of time required for the Owner's review,for the performance of the Owner's consultants,and for approval of ' f subm ssions by authorities`having jurisdiction over the Project.Time limits established by this schedule approved by ' the Owner shall not excC it for reasonable cause,be exceeded by the Architect or Owner. # i `.3,, Vf6NL. f s fix^ The Architect s Designated Representative identified in Section 1.1.3 shall be authorized to act on the architect s bOalf iatOespeet to the Project. St x$ f r rFzFz §'' r 1, x§'';12 3 4 tie.':-Architect tshall maintain the confidentiality of information specifically designated as confidential by the '")'Ownert`trmess 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 o the Architects consultants similar agreements to maintain the confidentiality of information specifically designated as 'Confidential-by the Owner. , '45r^' ,� S , Y 4d if' 4 §12 3 5 Except wrththe Owners knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest ot.contnbution that would reasonably appear to compromise the Architects professional judgment with respect to�3lusProject. a v� � r.e ,411.Z5.6 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 z. " ,'"11.2.3.7 The Architect shall lie entitled to rely on the accuracy and completeness of services and information furnished by the Owner.The Architect shall provideprompt 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,OFTHE,1MORK §`: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. §13.1.2 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 be 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. §13.2 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 solely with respect to this Project.The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights,including copyrights. AIA Document B141 TM-1997.Copyright®1917,1926,1948,1951,1953,1958, 1961,1963,1966,1967,1970,1974,1977,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AlA'Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aapro §1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive 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 obtain similar nonexclusive licenses from the Architects consultants consistent with this „t Agreement,Any termination of this Agreement prior to completion of the Project shall terminate this license.Upon "'a :4 i suc ,termination,the Owner shall refrain from making further reproductions of Instruments of Service and shall return -,",".^..^,42-0%,''-= to the Architect within seven days of termination all originals and reproductions in the Owner's,possession or control. s„ ff andupon the date the Architect is adjudged in default of this Agreement,the foregoing license shall be deemed ; N terminated and replaced by a second,nonexclusive license permitting the Owner to authorize other similarly ":_ xlcredentialed design professionals to reproduce and,where permitted by law,to make changes,corrections or additions tto the Instruments of Se ice solely for purposes of completing,using and maintaining the Project. tiii i i ,5, lli ry - . • :,z" 1§r1.3 2 3 Except for thal ses granted in Section 1.12.2,2.2,no other license or right shall be deemed granted or implied tender this Agreemen& e'Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license : }planted herein to an�arty without the prior written agreement of the Architect.However,the Owner shall be < permittedto rut torl"L h C tractor,Subcontractors,Sub-subcontractors and material or equipment suppliers to reproduceapplicab . of the Instruments of Service appropriate to and for use in their execution of the Work r b license antedl eel, .2.2.Submission or distribution of Instruments of Service to meet official regulatory r requireitte n o r ,} oses in connection with the Project is not to be construed as publication in derogation e of di reserived-ra hs o <. hitect and the Architect's consultants.The Owner shall not use the Instruments of Service for future,addt ,'�oraalterations to this Project or for other projects,unless the Owner obtains the prior written agreement of th�chitect and the Architect's consultants_Any unauthorized use of the Instruments of Service galtxll be atthe Jw v ❑sIt'° d without liability to the Architect and the Architect's consultants. 1 ,1.32 .�T'rror tq�E�ey9tchi oviding to the Owner any-instruments of Service in electronic form or the Owner providing t �cb� lectronic data for incorporation into the Instalments of Service,the Owner and the '' . K Architects by separate`written agreement Set forth the specific conditions governing the format of such < j -Instruments:of electronic data,including any special limitations or licenses not otherwise provided in this ' 13.7-:14'A` en * Or tr tit ,§14., CHANGE fl#S`ER t:e 3 3 Cltange1lkrvices of the Architect,including services required of the Architect's consultants,may be "-24;1e:-.-",'` sacdomp he u e ' of this Agreement,without invalidating the Agreement,if mutually agreed in writing,if t r�i d bycfrcu cr eyond,theArychitect's control,or if the Architect's services are affected as described in• e. Section 1:314.21 absence o mtu, alragreement in writing,the Architect shall notify the Owner prior to providing >,u r g Such services.Ifuthe,_Owner deem tall or a part of such Change in Services is not required,the Owner shall give i₹ prompt'xvritttetsnotice orttt e Archit�and the Architect shall have no obligation to provide those services.Except for to change duefault of`the chitect,Change in Services of the Architect shall entitle the Architect to an adjusts entin compensatio su t , ection 1;5.2,and to any Reimbursable Expenses described in Section 1.3.9.2 z ..§1.3 3 2 If any of the following circumstances affect the Architect's services for the Project,the Architect shall be ''entitled to antapproo,d i` id tment in the Architect's schedule and compensation: ,, .1 chars c g ctions or approvals given by the Owner that necessitate revisions in Instruments of a . gr`•. r' • f rServtc ` i •2:, *;enactment or revision of codes,laws or regulations or official interpretations which necessitate changes "z x to"previously prepared Instruments of Service .- -"" 3 4.ecissans of the Owner not rendered in a timely manner; ``" .4 - stgni' ant change in the Project including,but not limited to, size,quality,complexity,the Owner's schedule or budget,or procurement method; x 5<2 failure of performance on the part of the Owner or the Owner's consultants or contractors; :. r* s 6--‘';',1 preparation for and attendance at a public hearing,a dispute resolution proceeding or a legal proceeding tr,t, , .4„„„? /s 1,„ ,,except where the Architect is party thereto; - , I 4 . "r s 7,,,t1 e range n the information contained in Article 1.1. t. AIA Document B141 TM 1997.Copyright O 1917,1926,1948,1951,:1953,.1958,1961 1963,1966,1967,1.970,1974,1977,1987 and 1997 by The American Institute of Architects.AU rights reserved.WARNING:Thls'AIAe Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this Ale Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org:' • §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 matter 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 ,L ? ,' fheit`by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction f Mz . •- t Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be LL -:filed in writing with ihe.nther party to this Agreement and with the American Arbitration Association.The request r lmay be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in a m ,.,advance of arbitration Onlegal or equitable proceedings,which shall be stayed pending mediation for a period of 60 days from the date of$ling,unless stayed for a longer period by agreement of the parties or court order. t . t}�i•�}�t ��i��, -Y1§1.3.4.3 The,parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Pro ect is'located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. r orb `` 3 if r#,''r txa 4 s : §1.3.5 ARBITRATION 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 Section ;:04; a "•1•.k= §'1:3 5 2 Claims disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration Whrtb,unless the parties mutually agree otherwise,shall be in accordance with the Construction tndus,ry Arbitration 2ules'of the American.Arbitration Association currently in effect.The demand for arbitration 1_ it:ration sha3i be filed in Writing with theother party to this Agreement and with the American Arbitration Association. §17.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in ''' vuestion'has arisen,dn 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 .14 L3.5.4 No arbitrapnq arising out 6f cry 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,dispute or other matter;m questtionnot described in the written consent or with a person or entity not named or described therein.The foregoing agr•eement to arbitrate and other agreements to arbitrate with an additional person or entity''duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. §1.3.5.5 TheYaward rendered by the •arbitrator or arbitrators shall be 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 party's termination in accordance with Section 1.3.8. §1.3.7 MISCELLANEOUS PROVISIONS §1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect,unless otherwise provided in Section 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. AIA Document 8141Te-1997.Copyright a 1917,1926.1948,1951,1953,1958,1961,1963,1966,1967,1970.1974,1977,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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. In no event shall suchstatutes of limitations commence to run any later than the date when the Architect's services are substantial'y f. r Completed. §13.7,..4To the extent damages are covered by property insurance during construction-the Owner and the Architect t c waive'all rights against each other and against the contractors,consultants, agents and,employees of the other for "" 1 damages,except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA 5 1 Document A201, General Conditions of the Contract for Construction,current as of the date of this Agreement.The Owner or the Architect s appropriate;shall require of the contractors,.consultants,agents and employees of any of them similar waivers , or of the other parties enumerated herein. V. 4,4 y §,1;3.7 5 Noting containe- in this Agreement shall create a contractual relationship with or a cause of action in favor f;, : ofa third partj'ag helthehe Owner or Architect. v"`§1 3.76 Unless otherwiseeprovided in this Agreement,the Architect and Architect's consultants shall have no ey, ssesponsibthty fok`heidisdoYery;presence,handling,removal or disposal of or exposure of persons to hazardous ' materials tar toxic substarie s any form at the Project site. 1 t' tw≥'ra$ ` . r ' , §r1:3. ,7,erhe • t*e. t la, am;the right to include photographic or artistic representations of the design of the tS ,;;;,Project among,the s p motional and professional materials.The Architect shall be given reasonable access F to the completed,Pr, jest too make;such represenations.However,the Architect's materials shall not include the : Y„4A iec�4 +£ r Off+hers.alit£idential'�or t'capr,iethryinformation if the Owner has previously advised the Architect in writing of the ifi info ton co 6 tiered bythe Owner to be confidential or proprietary.The Owner shall provide professional tt ,credtt1Or,,,,,' . the Owner's promotional materials for the Project. 5§13.75:8 If the,b1W rte is 'e`Architect to execute certificates,the proposed language of such certificates shall be subs rued to th Ar XI' oi'review at least 14 days prior to the requested dates of execution.The Architect shall not i' be required„ o exe cates that would require knowledge,services or responsibilities beyond the scope of this Agreement V.s,4r -W. i , Wl s r3`' ' :t- *`§13779fihetOwnerand chitect,rtes'ecovely,bind themselves,their partners,successors, assigns and legal 1 x`g'representatives"to th tber partx :,lAgreement and to the partners, successors,assigns and.legal representatives of 1 ssuch the partytw thirespect to vphants of this Agreement.Neither the Owner nor the Architect shall assign this Apterdeit t out h uritteen c0 sent of the other,except that the Owner may assign this Agreement to an a institutional'le er proVidingfinancing for the Project.In such event,the lender shall assume the Owner's rights and Obligations undeer-this Agree- t e e Architect shall execute all consents reasonably required to facilitate such , nmen assigt. r, , §1.3 8 TERMINATION OR:SUSPENSION §1.3 81 If the Owner fags.o ake payments to the Architect in accordance with this Agreement,such failure shall be �t considered`$ubsantr -a ttwice and cause for termination or,at the Architects option,cause for suspension of performance of services unde-this'Agreement.If the Architect elects to suspend services,prior to suspension of t services the,Architect shall give seven days written notice to the Owner.In the event of a suspension of services,the Architect shall,haveatto liability to the Owner for delay or damage caused the Owner because of such suspension of services Beforeresutning services,the Architect shall be paid all sums clue 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. §13 8 2 ff he•Project is suspended by the Owner for more than 30 consecutive days,'the Architect shall be -compensated forrservices performed prior to notice of such suspension.When the Project is resumed,the Architect resumption of e`l f .- Archittect's.001 'ff es for the remaining services and the timisated for expenses incurred m the e interruption hall be equitably adjusted.ct's services.The §1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days,the Architect may terminate this Agreement by giving not less than seven days'written notice.- - - AIA Document 6141 TM 1997.Copyright©1917,1926,1948,1951 1953,1958,1961;1963,1966;1967,1970,1974;1977,1987 and 1997 by The. American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this-AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aiaorg. §1.3.8.4 This Agreement may be 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. • se 4 §1'13 8'5 This Agreement may be terminated by the Owner upon not less than seven days'written notice to the Atchitectfor the Owner's convenience and without cause. l,§1.34.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services ,4aer"fonned prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as t: u 1 "ddfified in Section 1.3.8.7. § Termination Expenses are in addition to compensation for the services of the Agreement and include } ,3 , r exxpp enses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for • dk I ifteArolnte tp antrcrpateumrofit on the value of the services not performed by the Architect. 1} s fAg§1.3.9 PAYMENTS TOTtl. ARCHITECT vkcz .3',.},a1.1.,.3.9.1 Payntents+olt°account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon)iresentation of the A hitect's statement of services.No deductions shall be made from the Architect's compensation on acctounfbf penalty,liquidated damages or other sums withheld from payments to contractors,or on accoulit=ofthecost of changes in the Work other than those for which the Architect has been adjudged to be liable. t 4 §1.3$2 R.eimbursable.E1 enses are 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 € l dollowmg Clauses, s "." t.l tett1 . transportation in'connection with the Project,authorized out-of-town travel and subsistence,and t,jelectron}c com{nunications; .2 fees paid fdr iecuring approval of authorities having jurisdiction over the Project; �t," .3 reproductions plots,standard form documents,postage,handling and delivery of Instruments of Serviel: ' .4 - 'expe use:of ooertime work requiring higher than regular rates if authorized in advance by the Owner; .5 s renderings:Models odels and mock-ups requested by the Owner; .6 ,,expense of,prrofessional liability insurance dedicated exclusively to this Project or the expense of additionalinsurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; ate'.; 7 'lretrr'ibt{isable expengeSlas designated in Section 1.5.5; S ,touter singlar direct'Project-related expenditures. `• 9.3 Records of l�₹eimbursable 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 representahveatmutually convenient times. ck S.l x.'I „- §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 be 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 B141-1997. AIA Document 8141 TM-1997.Copyright©1917,1926, 1948,1951,1953,1958,1961,1963,1966,1967,1970,1974,1977,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AlA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. • §1.4.1.2 Standard Form of Architect's Services:Design and Contract Administration,AIA Document B141-1997,or as follows: (List other documents, if any,l delineating Architect's scope of services.) 4 7xex. .ij i /.1,7444;;;L4‘),-.1 ..i{ " '�''x 4r s"ku ,tk•y1' . ..§4141.3 Other documents as follows: . I : i „ u . � ; - a' List other documentst,%f(tny,forming port of the Agreement.; , . ' .T ttyy T Y 14.2. •.. C dons.Special terms.and conditions that modify this Agreement are as.follows: . fie r,og$ 'n ed on percentage of.,total construction cost as follows:". i �S atic , esi se percent (15%) w k 're Dies�'� Devv:)o P se--.`,. ; percent "(15%) 4 , 9t,,tr c pre ,°Phase - percent (50%) 2 Btcl'Ph sse percent , (05%) r constructa percent (05%) * -Tot, "Bas c, sa on 100% � Y #F §1t51Fo1*th e "rvtces as desc_abed under Article 1.`4 compensation shall be computed as follows: ,,1 1,4� ';'-',4 ' e4 trip tim"fe e. n 5% of"the Total Construction Cost"of: the project ,' M try F t "9-6t" , ti Y x ✓r.6•+'? , . € t a..;;;F,-.14,-C.,:;"oggytgs. q.' :-.,;;.,c,,..,,, n> citt'i f`y't t 't,5 t. "` y° .: ., : .._ ` ;.., 2 ,2 . .. . .:_ -... 22 : ,.. , ,. "" .. k`5.21f the services chitect are changed"as described in Section 1,3.3.1,the Architect's compensation,shall' t. e.a did usted.Suchg 11 be calculated as described below or,if no method of adjustmentis indicated in this n ;x Section 1.5`. .,in-ant r. ,;- :,w;" - (Itnsert basis of comp c uding rates and multiples of Direct Personnel Expense for Principals and ' x,rr ..!,. mployees,t nd identify Principals and classify employees. if required. Identify specific services to which particular l'tethods10 otn,f enpation apply.)� .$ 105.00 , „xk y( Prin. wt.' .2 iiitect Projec itect ";$ ,80."00 CADD Designer" " ' `$ 65.00= " 7 t tiADQ raftsperson .$ 50.00 - - � �` i,4 r�t:tT'ec} 4i al Data " -'.$ 40.00 -t. � GleriG l $' 25.00.'" ,,,,„,,.4.k.9,�i�.n :,ib *.C..A MA Document 8141T0—1997,Copyright®1917,1926,1948,1951,1953 1958,1961,1963,1966,1967,1970,1974,1977,1987 and:1997 by The American Institute of Architects.All rights reserved.WARNING:This AIAA Document is protected.by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this Ale'Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §1.5.3 For a Change in Services of the Architect's consultants,compensation shall be computed as a multiple of ( one )times the amounts billed to the Architect for such services. j 1 5 4 For Reimbursable Expenses as described in Section 1.3.9.2,and any other items included in Section 1.5.5 as «_. Reimbursable Expenses,the compensation shall be computed as a multiple of )times the expenses incurred by the Architect,and the Architect's employees and:consultants. §15 5 Other Reimbursable Expenses,if any,are as follows: ax ry a.e., t a ,1 'Mai ,1414? t )*i4, F'',0 "' �` it x " y y ielik ti en,-, }iii& 442a .r`t {"kh �. Tor ;..� FA 1.5.ti The rates'and m tip1es for services of the Architect and the Architect's consultants as set forth in this "'), Agreement shall be adjusted in accordance with their normal salary review practices. c,,,,,, ' 1.5 Z An initial paytnent of x None Dollars NI' '"ti Ka($. f ill .y ,-,;,-A,11',,:'5'` }shall be made upon execution Of this Agreement and is the minimum payment under this r-Agreement ft shall be credited:to the Owner's account at final payment. Subsequent payments for services shall be,. t 'made monthly and wb&reapplicable, shall be in,proportion to services performed on the basis set forth in this t, td Agreement !•:S ass: x A,� :0. .»; ...,''-1/4',,'§1 5 8 Payments ate due,and'payable Th i rty ( 30 ')days from the date of the Architects invoice Amounts unpaid Thirty-One ( 31 )days after the rnVoicedate shall be in,terest at the rate entered below, or in the absence thereof at the legal rate prevailing from a time to time at the principal place of business of the Architect. (lnse`rt Yate of interest agreed upon.) '..,45;1 , T„q ( `' t.,.mM;0 n5i e . is r 4';',. rW4 l x? ^s T §Tri,:i'l .;;;;14.4,47,,x ns. 5- it n r� t t axhr' & >e i {USury laws'and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws ;� and other regulations at the-0wner's"and Architect's principal places of business, the location of the Project and `__ - ' elsewhere,mayaffect the validity 0/this provision. Specific legal advice should be obtained with respect to deletions ( : `or-modtftcgtions, and:also-regarding-requirements such as written disclosures or waivers.) '§i.5.9 If the"services coveredl y,this Agreement have not been completed within twe 1 Ve ( 12 ')months of the date hereof,through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. w�w This Agreement entered into as of the day and year first written above. OWNER ARC ECT Si (� g:c 'gnature)ti �- (Printed name and rite), C C ( rinsed name and title) ) gl A CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document 8141 Tu-1997.Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. Hello