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Home My WebLink About810343.tiff THE AMERICAN INSTITUTE OF ARCHITECTS 1 j4IlIIt AIA Document 8151 Abbreviated Form of Agreement Between Owner and Architect For Construction Projects of Limited Scope 1978 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of June in the year of Nineteen Hundred and Eighty-One BETWEEN the Owner: Weld County Commissioners andtheArchitect: Bley Associates, Architects Loren Bley C-1616 For the following Project: (Include detailed description of Project location and scope.) New Weld County Ambulance Garage to be located at the corner of 15th St. and Hospital Road. The building shall include a 2-bay ambulance garage , living quarters, and office for service attendants to be constructed within the proposed $100, 000 construction budget. 810343 The Owner and the Architect agree as set forth below. Copyright 1974, © 1978 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIA® ©1978 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, NM., WASHINGTON, D.C. 20306 B151-1978 1 Terms and Conditions of Agreement Between Owner and Architect ARTICLE 1 1.4.4 The Architect shall visit the site at intervals appro- ARCHITECT'S SERVICES priate to the stage of construction or as otherwise agreed AND RESPONSIBILITIES by the Architect in writing to become generally familiar with the progress and quality of the Work and to deter- The Architect's Basic Services are as described un- mine in general if the Work is proceeding in accordance der the four Phases identified below and in Article with the Contract Documents. However, the Architect 10, and unless otherwise provided in Article 10, shall not be required to make exhaustive or continuous include normal structural, mechanical and lec10, on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations as an cal engineering services. architect, the Architect shall keep the Owner informed of 1.1 DESIGN PHASE the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the 1.1.1 The Architect shall review with the Owner alterna- Work of the Contractor. tive approaches to design and construction of the Project. 1.1.2 Based on the_mutually accepterLprogram-ancLPrnj- 1.4.5 The Architect shall not have control or charge of ect budget requirements, the Architect shall prepare, for and- shall- not be responsible for construction means, approval by the Owner, Design Documents consisting of methods, techniques, sequences or procedures, or for drawin s and other documents appropriate safety precautions and programs in connection with the g for the Proj- Work, for the acts or omissions of the Contractor, Sub- ect, and shall submit to the Owner a Statement of Proba- contractors or any other persons performing of the ble Construction Cost. any Work, or for the failure of any of them to carry out the 1.2 CONSTRUCTION DOCUMENTS PHASE Work in accordance with the Contract Documents. 1.2.1 Based on the approved Design Documents, the Ar- 1.4.6 The Architect shall at all times have access to the chitect shall prepare, for approval by the Owner, Con- Work wherever it is in preparation and progress. struction Documents consisting of Drawings and Specifi- 1.4.7 47 The Architect shall determine the amounts owin cations setting forth in detail the requirements for the g construction of the Project and shall advise the Owner to the Contractor based on observations at the site and of any adjustments to previous Statements of Probable on evaluations of the Contractor's Applications for Pay- Construction Cost. ment, and shall issue Certificates for Payment in such 1.2.2 The Architect shall assist the Owner in connection amounts. with the Owner's responsibility for filing documents re- 1.4.8 The issuance of a Certificate for Payment shall con- quired for the approval of governmental authorities hav- stitute a representation by the Architect to the Owner, ing jurisdiction over the Project. based on the Architect's observations at the site as pro- vided in Subparagraph 1A.4 and on the data comprising 1.3 BIDDING OR NEGOTIATION PHASE the Contractor's Application for Payment, that, to the best 1.3.1 Unless provided in Article 10, the Architect, fol- of the Architect's knowledge, information and belief, the lowing the Owner's approval of the Construction Docu- Work has progressed to the point indicated; the quality of ments and of the most recent Statement of Probable Con- the Work is in accordance with the Contract Documents struction Cost, shall assist the Owner in obtaining bids or (subject to an evaluation of the Work for conformance negotiated proposals and in awarding contracts for con- with the Contract Documents upon Substantial Comple- struction. tion, to the results of any subsequent tests required by or 1.4 CONSTRUCTION PHASE—ADMINISTRATION OF THE performed- under the Contract Documents, to minor deviations from the Contract Documents correctable prior CONSTRUCTION CONTRACT to completion, and to any specific qualifications stated in 1.4.1 The Construction Phase will commence with the the Certificate for Payment); and that the Contractor is award of the Contract for Construction and will terminate entitled to payment in the amount certified. However, the when final payment to the Contractor is due, or in the issuance of a Certificate for Payment shall not be a repre- absence of a final Certificate for Payment or of such due sentation that the Architect has made any examination to date, sixty days after the Date of Substantial Completion ascertain how and for what purpose the Contractor has of the Work, whichever occurs first. used the moneys paid on account of the ContracLS m._ 1.4.2 Unless otherwise provided in this Agreement and 1.4.9 The Architect shall be the interpreter of the re- incorporated in the Contract Documents, the Architect quirements of the Contract Documents and the judge of shall provide administration of the Contract for Construc- the performance thereunder by both the Owner and tion as set forth below and in the edition of AIA Docu- Contractor, and shall render written decisions on all ment A201, General Conditions of the Contract for Con- claims, disputes and other matters in question between struction, current as of the date of this Agreement. the Owner and the Contractor. In the capacity of inter- 1.4.3 The Architect shall be a representative of the ureter and judge, the Architect shall endeavor to secure Owner during the Construction Phase. Instructions to the faithful performance by both the Owner and the Con- Contractor shall be forwarded through the Architect. tractor, shall not show partiality to either, and shall not be AIA DOCUMENT 8151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • TUNE 1978 EDITION • AIAOO ©1978• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1978 2 liable for the result of any interpretation or decision ports as required by law or the Contract Documents. rendered in good faith in such capacity. 2.4 The Owner shall furnish all legal, accounting and 1.4.10 The Architect shall have authority to reject Work insurance counseling services as may be necessary at any which does not conform to the Contract Documents, and time for the Project, including such auditing services as will have authority to require special inspection or testing the Owner may require to verify the Contractor's Applica- of the Work whenever, in the Architect's reasonable opin- tions for Payment or to ascertain how or for what pur- ion, it is necessary or advisable for the implementation of poses the Contractor uses the moneys paid by the Owner. the intent of the Contract Documents. 2.5 The services, information, surveys and reports re- 1.4.11 The Architect shall review and approve or take quired by Paragraphs 2.2 through 2.4 inclusive shall be other appropriate action upon the Contractor's submittals furnished at the Owner's expense, and the Architect shall such as Shop Drawings, Product Data and Samples, but be entitled to rely upon the accuracy and completeness only for conformance with the design concept of the thereof. Work and with the information given in the Contract 2.6 If the Owner observes or otherwise becomes aware Documents. Such action shall be taken with reasonable of any fault or defect in the Project or nonconformance promptness so as to cause no delay. The Architect's ap- with the Contract Documents, prompt written notice proval of a specific item shall not indicate approval of an thereof shall be given by the Owner to the Architect. assembly of which the item is a component. 2.7 The Owner shall furnish required information and 1.412 The Architect shall prepare Change Orders for the shall render approvals and decisions as expeditiously as Owner's approval and execution, and shall have authority necessary for the orderly progress of the Architect's serv- to order minor changes in the Work not involving an ices and of the Work. adjustment in the Contract Sum or an extension of the Contract Time. 1.4.13 The Architect shall conduct inspections to deter- ARTICLE 3 mine the Dates of Substantial Completion and final com- CONSTRUCTION COST pletion, and shall issue a final Certificate for Payment. 1.4.14 The extent of the duties,-responsibilitiesand limita— 3.1 DEFINITION tions of authority of the Architect as the Owner's repre- 3.1.1 The Construction Cost shall be the total cost or sentative during construction shall not be modified or ex- estimated cost to the Owner of all elements of the Project tended without written consent of the Owner, the Con- designed or specified by the Architect. tractor and the Architect. 3.1.2 The Construction Cost shall include at current mar- 1.5 ADDITIONAL SERVICES ket rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by 1.5.1 Additional Services shall be provided if authorized the Owner and any equipment which has been designed, or confirmed in writing by the Owner or if included in specified, selected or specially provided for by the Archi- Article 10, and they shall be paid for by the Owner as tect. provided in this Agreement. 3.1.3 Construction Cost does not include the compensa- 1.5.2 If the Owner and the Architect agree that more tion of the Architect and the Architect's consultants, the extensive representation at the site than is described in cost of the land, rights-of-way, or other costs which are Paragraph 1.4 shall be provided, such additional project the responsibility of the Owner as provided in Article 2. representation shall be provided and paid for as set forth in Article 10. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 1.6 TIME 3.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or 1.6.1 The Architect shall perform services as expediti- equipment, over the Contractor's methods of determining ously as is consistent with professional skill and care and bid prices, or over competitive bidding, market or nego- the orderly progress of the Work. tiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated ARTICLE 2 prices will not vary from any Statement of Probable Con- struction Cost or other cost estimate or evaluation pre- THE OWNER'S RESPONSIBILITIES pared by the The following services and responsibilities, and 3.2.2 No fixed d limit of Construction Cost shall be estab- any others so indicated in Article 10, shall be un- lished as a condition of this Agreement by the furnishing, dertaken by the Owner. proposal or establishment of a Project budget, unless such 2.1 The Owner shall provide full information including fixed limit has been agreed upon in writing and signed by a program, which shall set forth the Owner's design the parties hereto. If such a fixed limit has been estab- constraints and criteria. lished, the Architect shall be permitted to include con- objectives,The a legal description and a tingencies for design, bidding and price escalation, to de- 2.2 2ertifieT land eOwner survey shall l the furnish e and the services of soil a termine what materials, equipment, component systems trand types m construction are to a included in the Con- engineers or other consultants when such services areact Documents, to make reasonable adjustments in the deemed necessary by the Architect. tr scope of 2.3 The Owner shall furnish structural, mechanical, umentsAlter ate Bids to adjust the ConstructionaCcto oto chemical and other laboratory tests, inspections and re- the fixed limit. Any such fixed limit shall be increased in AIMENT B1513 B151-1976 ©798O. THE •AMEERICAN•INSTITUTEVOFTARCHHIT CTS,A1 1735 NEW YORK EAVE AVENUE, N.W,, WASHINDGTON, D.•C. AIM 200O6 the amount of any increase in the Contract Sum occurring carried by the Architect and the Architect's con- after execution of the Contract for Construction. sultants. 3.2.3 Any Project budget or fixed limit of Construction 4.5 Payments on account of the Architect's Additional Cost shall be adjusted to reflect any change in the general Services and for Reimbursable Expenses as defined in level of prices in the construction industry between the Paragraph 4.4 shall be made monthly upon presentation date of submission of the Construction Documents to the of the Architect's statement of services rendered or ex- Owner and the date on which proposals are sought. penses incurred. 3.2.4 If a fixed limit of Construction Cost (adjusted as 4.6 No deductions shall be made from the Architect's provided in Subparagraph 3.2.3) is exceeded by the low- compensation on account of sums withheld from gay- est bona fide bid or negotiated proposal, the Owner shall ments to contractors. (1) give written approval of an increase in such fixed limit, 4.7 If the Project is suspended or abandoned in whole (2) authorize rebidding or renegotiating of the Project or in part for more than three months, the Architect shall within a reasonable time, (3) if the Project is abandoned, be compensated for all services performed prior to receipt terminate in accordance with Paragraph 7.2, or (4) coop- of written notice from the Owner of such suspension or erate in revising the Project scope and quality as required abandonment, together with Reimbursable Expenses then to reduce the Construction Cost. In the case of (4), pro- due and all Termination Expenses as defined in Paragraph vided a fixed limit of Construction Cost has been estab- 7.4. If the Project is resumed after being suspended for lished as a condition of this Agreement, the Architect, more than three months, the Architect's compensation without additional charge, shall modify the Drawings and shall be equitably adjusted. Specifications as necessary to comply with the fixed limit. The providing of such service shall be the limit of the ARTICLES Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall OWNERSHIP AND USE OF DOCUMENTS be entitled to compensation for all services performed, in 5.1 Drawings and Specifications as instruments of serv- accordance with this Agreement, whether or not the Con- ice are and shall remain the property of the Architect struction Phase is commenced. whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- ARTICLE 4 tions for information and reference in connection with PAYMENTS TO THE ARCHITECT the Owner's use and occupancy of the Project. The Draw- ings and Specifications shall not be used by the Owner on 4.1 An initial payment as set forth in Paragraph 9.1 is other projects, for additions to this Project, or for com- the minimum payment under this Agreement. pletion of this Project by others provided the Architect is 4.2 Subsequent payments for Basic Services shall be not in default under this Agreement, except by agreement made monthly and shall be in proportion to services per- in writing and with appropriate compensation to the formed within each Phase. Architect. 4.3 When compensation is based on a percentage of 5.2 Submission or distribution to meet official regula- Construction Cost, and any portions of the Project are tory requirements or for other purposes in connection deleted or otherwise not constructed, compensation for with the Project is not to be construed as publication in such portions of the Project shall be payable to the extent derogation of the Architect's rights. services are performed on such portions, in accordance with the schedule set forth in Subparagraph 9.2.2, based ARTICLE 6 on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent ARBITRATION Statement of Probable Construction Cost. 6.1 All claims, disputes and other matters in question 4.4 Reimbursable Expenses include actual expenditures between the parties to this Agreement, arising out of or made by the Architect in the interest of the Project for: relating to this Agreement or the breach thereof, shall be .1 expense of transportation and living expenses in decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- connection with out-of-town travel, authorized by the Owner, tion Association then obtaining unless the parties mutu- .2 long distance communications, ally agree otherwise. No arbitration, arising out of or re- .3-fees paid-for securing approval of authorities hav- kiting-to-this Agreement, shall include, by consolidation, ing jurisdiction over the Project, joinder or in any other manner, any additional person .4 reproductions, not a party to this Agreement except by written consent .5 postage and handling of Drawings and Specifica- containing a specific reference to this Agreement and tions, signed by the Architect, the Owner, and any other person .6 renderings and models requested by the Owner, sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute con- .7 expense of overtime work requiring higher than sent to arbitration of any dispute not described therein. regular rates, if authorized by the Owner, This Agreement to arbitrate and any agreement to arbi- .8 expense of any additional insurance coverage or trate with an additional person or persons duly consented limits, including professional liability insurance, to by the parties to this Agreement shall be specifically requested by the Owner in excess of that normally enforceable under the prevailing arbitration law. AIA DOCUMENT B151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIA® ©1978 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B151-1978 4 6.2 In no event shall the demand for arbitration be .2 10 percent if termination occurs during the Con- made after the date when institution-cif-legal or-equitable- struction-Documents-Phase-, or- proceedings based on such claim, dispute or other matter .3 5 percent if termination occurs during any subse- in question would be barred by the applicable statute of quent phase. limitations. 6.3 The award rendered by the arbitrators shall be ARTICLE 8 final, and judgment may be entered upon it in accordance MISCELLANEOUS PROVISIONS with applicable law in any court having jurisdiction thereof. 8.1 This Agreement shall be governed by the law of the principal place of business of the Architect. 8.2 As between the parties to this Agreement: as to all ARTICLE 7 acts or failures to act by either party to this Agreement, TERMINATION OF AGREEMENT any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to 7.1 This Agreement may be terminated by either party have accrued in any and all events not later than the upon seven days' written notice should the other party relevant Date of Substantial Completion of the Work, and fail substantially to perform in accordance with its terms as to any acts or failures to act occurring after the relevant through no fault of the party initiating the termination. Date of Substantial Completion, not later than the date of 7.2 This Agreement may be terminated by the Owner issuance of the final Certificate for Payment. upon at least seven days' written notice to the Architect 8.3 The Owner and the Architect, respectively, bind in the event that the Project is permanently abandoned. themselves, their partners, successors, assigns and legal 7.3 In the event of termination not the fault of the representatives to the other party to this Agreement and Architect, the Architect shall be compensated for all to the partners, successors, assigns and legal representa- services performed to termination date, together with Re- tives of such party with respect to all covenants of this imbursable Expenses then due and all Termination Ex- Agreement. Neither the Owner nor the Architect shall penses as defined in Paragraph 7.4. assign, sublet or transfer any interest in this Agreement 7.4 Termination Expenses include expenses directly at- without the written consent of the other. tributable to termination for which the Architect is not 8.4 This Agreement represents the entire and inte- otherwise compensated, plus an amount computed as a grated agreement between the Owner and the Architect percentage of the total compensation earned to the time and supersedes all prior negotiations, representations or of termination, as follows: agreements,either written or oral. This Agreement may be .1 20 percent if termination occurs during the Design amended only by written instrument signed by both Phase, or Owner and Architect. MA DOCUMENT 8151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • JUNE 1978 EDITION • MA® 5 13151-1978 ©1978• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 9 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Services provided, in accordance with Article 4, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 9.1 AN INITIAL PAYMENT OF dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account as follows: 9.2 BASIC COMPENSATION 9.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.4 or identified as such in Article 10, Basic Com- pensation shall be computed as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of com- pensation apply,if necessary.) A total fixed fee in the amount of $7500. 00 shall be paid as follows: Due upon completion of the bidding phase $6000. 00 Due during construction phase as follows $1500. 00 -$500. 00-Completion of foundation work -$500. 00-completion of framing work -$500. 00-Substantial completion-Owner Occupancy 9.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Ser- vices shall be made as provided in Subparagraph 4.2 so that Basic Compensation for each Phase shall equal the following percentages of the total Compensation payable: (Include any additional phases as appropriate.) Design Phase: percent,( °/0) Construction Documents Phase: percent( /o) Bidding or Negotiation Phase: —$6000. 00 percent( %) Construction Phase: —$1500. 00 percent( %) 9.3 FOR ADDITIONAL SERVICES provided under Paragraph 1.5 or identified as such in Article 10, compensation shall be computed as follows: (Here insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals, consultants and employees. Iden- tify specific types of consultants in Article 10, if required.) 9.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of busi- ness of the Architect. (Here insert any rate of interest agreed upon.) 14% (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local corsumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 9.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 9.5.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially,the amounts of compensation shall be equitably adjusted. 9.5.2 IF THE SERVICES covered by this Agreement have not been completed within six ( 6 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 8151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIA® B151-1978 6 ©1979• THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 10 OTHER CONDITIONS OR SERVICES (Describe any services not included above which are to be performed by the Architect or Owner. State whether ser- vices to be provided by the Architect are Basic Services or Additional Services.) This Agreement entered into as of the day and year first written above. OW �� ARCfCT 4- 1011:c 7 6151-1978 BIB DOCUMENT B151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • JUNE 1978 EDITION • AIM ©1978• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Hello