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Home My WebLink About20051559.tiff =Alf Document B141' — 1997 Part 1 Standard Form of Agreement Between Owner and Architect with"Standard Form of Architect's Services f ..1' v (' AGREEMENT made as of the Seventeenth day of April the year Two Thousand Five (In wards, indicate dayT month and year) } t :kjkJ f, "BETWEEN the Architec's client identified as the Owner: s(Atame addreis and tlthertinformation) Weld C4Uty *> r This document has important ,k , legal consequences. ;915 10th- Street rt .r P w� Consultation with an attorney Creel ey,1TCoTor&do $06-31 is encouraged with respect to tt; '" s "' its completion or modification. u w Y d and the Atdhttect 111'x Y t# ''' Jame, a*SA'sC.4d oth"epinformnation) Bley Associates; Architects-Planners , Inc. L. B1ey C-1616 ''.5312 W x>9tF./1Street .0r,}ve,, Suite 150 Greeley, CoTroado80634 ex Yr{w xT'5 s `ri rin-Kkl S y"k. ', rFor the folltrwing ProjecC ' . r , ri (Include d₹atted,dde`S"orfption,ofProje'ct) See"" Attached 'r5°Attachment r'A" rM •k` Tr fieooa 7 • 2005-1559 The Owner and Architect agree as follows: AlA 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.AU rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties. 1 �.lx,.y Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,antl will be (,(,'✓- ' lam. ,,prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To -�f'"`_ report copyright violations of AIA Contract Documents,a-mail The American Institute of Architects'legal counsel,copyright@aia.org. AIA Document B141-1997 Standard Form of Agreement Between Owner and Architect With Standard Form of Architect' s Services ATTACHMENT "A' For the following Project : Workscope Description is as follows : Provide architectural , structural, mechanical and electrical construction documents for new construction of approximately 15, 250 square foot, single level building, partial basement of approximately 4400 square feet . Type V, Non-Rated, B Occupancy Classification. The building shall provide occupancies for the following: Main Level ■Sheriff' s Department ■Juvenile Probation ■Clerk & Recorder ■Social Services u Human Resource Division ■Support areas for above listed departments Lower Level ■Service elevator for records and license plates to storage 'Mechanical Rooms "'Storage Rooms ■Secure Storage Civil Engineering and utility design as provided by KBN Engineering shall be bound into the construction documents as provided by Bley Associates, Architects . Site workscope represented on drawings shall include parking areas, curb and gutter, sidewalks, grading, asphalt paving, underground sprinkler system. Landscaping shall include sodded areas, seeded areas, trees, plants, ground cover with rockscape features in tree planted areas . A pedestrian walking path and observation points at north perimeter of project property. • §1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Complete Construction Documents - June 7, 2005 , _Bid Date - June 28, 2005 `Cons`truction Start - July 2005 §1.1.2.7 The proposed procurement or delivery method for the Project is: `(Identify method such as competitive bid, negotiated contract, or construction management.) Design; Bid; General Contract Construction. Bonded Contractgreement on Lump Sum Building'Cost tk 11 1 2 8 Other paratneteYs are: 'Identifyspectal characteristics or needs of the Project such as energy, environmental or historic preservation . ;requtretnents x F'1ve Acre Project �57[te shall be developed in two phases. a a P ' ':77:34.:'F. k ,fi t43ffi�t51�` §77 1 3 PRQJtCTFTEAM y}' k " ,, §1,1 31"Tie Owners•Designated Representative is: ' �Listname,`addressatrr��ilie�rynformation.) S 3.fi Pat- Pers'ichlno " plrpctor of Services, Weld County. Steve1Boeck,y Facil,it:iies Management, Weld County. .w ••--'',.... L.,.. .t.--,,,,. 1 13 2 The pevsons;¢r entities,in addition to the Owner's Designated Representative, who are required to review the Architects,sitbtnattatszto to Owner.a;C�,r- s' '77. r a e,a dres"a ti at.1- -2::''''''17:7r in or `tpn. weld t`o'ady in'specin uylsuietions 4}:::11;:::::;*::7?-1:1' . -1,-;',,, lei Y Public FCeal tfi Department BuildiyxIrpection Department Public Work"s Departure t , t - Planning Department i,, g' ,,,§1.1.3.3 The Owners other consultants and contractors are: (Lis[discipline and, tf known,identify them by name and address.) NA §1.1.3.4 The Architect's Designated Representative is: (List name,address and other information.) Loren Bley, Principal Architect C-1616 AIA Document B141TM-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. 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,e-mail The American Institute of Architects'legal counsel,copyright@aiaorg §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 be consistent with the time periods established in Section 1.1.2.6 and which shalt be 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 authoyities'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. 4' 'f1.2.3.3 The Architects Designated Representative identified in Section 1.1.3 shall be authorized to act on the :Architect'sbehalf withrespectto the Project. §1.214 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 specificahidesignated n as confidential by the Owner• rt $ x §1.2.3.5 Except with the Owner's knowledge and consent,the Architect shall notengage in activity, pgany or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional Judgment withrespect to tins Project. *ry§1.2.3.6 The Arc6itect shall review laws,codes,and regulations applicable to the Architects services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project , . ....:. r§f Z 3 7„The Architect shall,be 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 o;inconsistencies in such services or information. ..$1$'1$1 ARTICLE 1.3 'TERMS AND CONDITIONS §131 COST OF THE'.WORK •t " 11.3.1.1 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 • '.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. §1.3.2 INSTRUMENTS OF SERVICE §1.3.Z1 Drawings,specifications and other documents,including those m 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 Architects 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 8141 ,-.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. 5 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 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 be 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 but,in such event,mediation shall proceed in advance of arbitrationorlegal or equitable proceedings, which shall be stayed pending mediation for a period of 60 µdays from the date of filing,unless stayed for a longer period by agreement of the parties or court order. a ;§1.3.4.3 The parties shaft share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Prdject 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. xe t { a1 frh w 4 4.;',004,1 { „ §1.3.5 ARBITRATIONgiq `I-y §12.5.1 Any-claim dispute r 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 1.34 s, �' §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 which,unless the parties Mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration 4,14ea 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. •§13 53 A.demand for arbitration shall be made within a reasonable time after the claim,dispute or other matter in question has arisen is no,event shall the demand for arbitration be made after the date when institution of legal or • .` equita'ble'proceeding"s based on such claim,dispute or other matter in question would be barred by the applicable statute of himtations ; mi s an W, or . §,13 5 4 NO arbntrafion arising mil 4.0„t,trrorrelating to this Agreement shall include,by consolidation or joinder or in any ';other manner,,an additional personlor entity not a party to this Agreement,except by written consent containing a specific referevicectnt is Agreement and signed by the Owner,Architect,and any other person or entity sought to be ' joined Consent to'arbifration involving an additional person or entity shall not constitute consent to arbitration of any claim dispute or other matter m qu'stion not described in the written consent or with a person or entity not named or ''described therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or !entity dulyauli.oOndentedio by pities'16 this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. §1.3.5.5 The award 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. §13.6 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 B141TM—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. 7 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. §1.3.8.4 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. §1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. §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 Section 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 anticipatedprofit on the value of the services not performed by the Architect. §'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 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 following Clauses 1„- t "' = 1 transportation in'bonnection with the Project,authorized out-of-town travel and subsistence,and electronic.c©imunications; 2 �" fees paidfor'securing approval of authorities having jurisdiction over the Project; .3-' . reproductions,rplots,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; .5 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 , terrgbursableexpense"sasydesignatedinSection1.5.5; tic 8r, other similar direct rrolect-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 Owners°authorized representative at ioutually 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 maybe amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. §1A.1,1 Standard Form of Agreement Between Owner and Architect,AIA Document B141-1997. • AIA Document 814111A-1997.Copyright m 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 AlAd Document is protected by U.S.Copyright Law and International Treaties. 9 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@aiaorg. • §1.5.3 For a Change in Services of the Architect's consultants,compensation shall be computed as a multiple of one ( 1 )times the amounts billed to the Architect for such services. §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 {,a {Reimbursable Expenses,the compensation shall be computed as a multiple of one (: ;:],', )times the expenses incurred by the Architect,and the Architect's employees and consultants. ,";11.5.5 Other Reimbursable Expenses,if any,are as follows: r 3 Nia I�3 :,44^ 'x#.71 k '1 =0 1,' §15`6 Thy ratC muT t ,estor services of the Architect and the Architect's consultants as set forth in this .47 'Ittitt/fi Agreements _lie adju" rp accordance with their normal salary review practices. �fr .�� t§t5.7An sJ pay in $} y1 = Dollars rfs 1 be made upon execution of this Agreement and is the minimum payment under this rite greement it steatite c¢e tettto the Owner's account at final payment. Subsequent payments for services shallbe mmade are�emonthllYand whe pplticable, shall be in proportion to services performed on the basis set forth in this e "A i �` +k A; r`x`Y�4�4�' r,nrot n- , m r rx u t ay `§1 5 H PaymenfS ate due�antpayable thirty ( 30 )days from the date of.the.Arc}iitecf sulfa�otbe.'Amounts unpaid thi rty-one ( " 31 Y )days after ` ;"�; the invoice date shall hearcmterest at the rate entered below, or in the absence thereof at the legal rate prevailing from w time talitiie atthe principal place of business of the Architect cfrisert rape of mtere ag"i t upon)5F714�1" k� IY a 4411,S VW"'' t Ya 1 ( , t t t}' * r4 f(Usury laws", f pqut#emedtsiunder the Federal Truth in Lending Act, similar state and local consumer credit laws a. and other egu ations at the ow e?,hand Architect's principal places of business, the location of the Project and elsewhere may affect t4Ze lidttyp,,-thtsprovision. Specific legal advice should be obtained with respect to deletions or",modtfcatl4tis anif`"dlso regardirtg-Yeguirements such as written disclosures or waivers.) §'15 9 If the serviced xivere ,by this Agreement have not been completed within twe 1 ye ( 12 )mon&—sSf the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall becom_pensated as provided in Section 1.5.2. by This Agreement entered into as of the day and year first written above. OWNER ARCHJJ'ECT MAY 2 :A 700 �( . '' (Signature) sigftat re) _ CA (Printed name and title) �-ILL _ ( rinted namerulid.iitlp.1 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^"—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. 11 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 AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. Hello