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Home My WebLink About880209.tiff RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND LARRY E. STEEL ASSOCIATES/ARCHITECTS AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement between Weld County and Larry E. Steel Associates/Architects concerning a 16 ,000 square-foot Motor Pool Service Center building and related site work, to be located in the Weld County Business Park, and WHEREAS, the terms and conditions are as stated in said Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it appropriate to approve said Agreement. NOW, THEREFORE, BF IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Agreement between Weld County and Larry E. Steel Associates/Architects be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of March, A.D. , 1988 . p BOARD OF COUNTY COMMISSIONERS ATTEST: "� L WEL COUNTY, CO ORADO Weld County Clerk and Recorder and Clerk to the Board Gene R. Brantner, Chairman EXCUSED DATE OF SIGNING - AYE BY: C7wit<,<_e C.W.1«��a/ Kirby, Pro-Tem eputy County Clerk \ \ ►k' \'!\\\!.ice APPROVED AS TO FORM: J.cgue e ,. on C—___- ...e,..e_ cDap // / 4/ County Attorney /Of , Frank Yamaguchi *, / 880209 THE AMERICAN INSTITUTE OF ARCHITECTS (34 AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 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 Eleventh day of March in the year of Nineteen Hundred and Eighty-eight. BETWEEN the Owner: WELD COUNTY, COLORADO 915 10th Street; P.O. Box 758 Greeley, Colorado 80632 and the Architect: LARRY E. STEEL ASSOCIATES ARCHITECTS Greeley National Plaza , Suite 640 Greeley, Colorado 80631 For the following Project: (Include detailed description of Project location and scope.) The scope of the work includes a 16,000 square foot Motor Pool Service Center building and related site work, located in the Weld County Business Park at I'0" Street and North 11th Avenue, Greeley, Colorado. The Owner and the Architect agree as set forth below. Copyright I'117, 1926, 14111, 1951,1951, 1950, 1'161, 1'161, 1966, 1967, 19711, 1'17.1, 6) 1077 by ILr Arminian Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20)06. Reproduction of the material herein o 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 6141 • OWNER-ARCHITECT AGREEMENT• TIIIRTEENTII [DI ION • IULY 1977 • AIA"r • I)1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W„ WASHINGTON, U.C. 20006 B141-1977 1 880 209 • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE—ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 11.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the five approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 11.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- tor shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire . unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of lion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT • TiIRTEENTii EDI IION • JULY 1977 • AIM • O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 880209 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent • Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of they Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment menu (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the merit. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1,6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents., 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of lion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. They shall merit and in the Contract Documents. - he provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. ATP DOCUMENT 11141 • OWNER-ARCHIrtCr ACRLGII.NT • TIIIRTI rNtii I DIIION • JULY 1 D7 • AI , • ©1077 4 B141-1977 THE AMERICAN INSTITUTE or ARCHITECTS, 1735 NEW YORK APLNUL, NA\ , AA'SUING ION, D.C. 201)06 88U209 1.7.1 Providing analyses of the Owner's needs, and-pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. terns and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of _any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. Wished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and &cc- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the-Project proceeds,and shall include allowances for peri- ods 1.7.12 Making revisions in Drawings, Specifications or of time required for the Owner's review and approval of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tones or detailed appraisals of existing facilities, and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work damaged by fire or other cause during con- funds available for the Project, and their source. MA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT • II IIRI ELxTII EDI DON • IULY 1977 • AIAw • O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, ins NEW YORK AVENUE, NAV., WASHINGTON, D.C. 20006 B141-1977 5 880209 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. —The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architectand shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. Cle 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction Indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under 27 The Owner shall furnish all legal, accounting and in- fixed Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- fished, the Architect shall be permitted to include con - [ions for Payment or to ascertain how or for what pur- tingencies for design, bidding and price escalation, to de- poses the Contractor uses the moneys paid by or on be- ermine what materials, equipment, component systems half of the Owner. and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2d3 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall he given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall Ii) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or 3.1.1 The Construction Cost shall be the total cost or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply 6 B141-1977 AIA DOCUMENT B141 • owNLR.ARCHI I EC I AGRI.I ME NI • WIRI I .NTH ton ION • JULY 1977 • AIME • O1977 THE AMERICAN INSTITUTE Or ARCM LCTs, l7D NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006 88(W9 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment-of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto, such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 63.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications; and fees paid for 6.4 -PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. -due and all Termination Expenses as defined in Paragraph 51.3 Expense of data processing and photographic pro- 10.4. If the l'roject is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 51.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- • ARCHITECT'S ACCOUNTING RECORDS quested by the Owner, 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested twining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS -6.1.1 An initial payment as set forth in Paragraph 14.1 is $1 Drawings Specifications as instruments of serv- the minimum payment under this Agreement. g I ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each -Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not lie used by the Owner On AlA DOCUMENT 13141 • OWNER-ARCHITECT AGREEMENT • THIRTELN TII LDiIION • JULY 1577 • AIM• 0 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, U.C. 20006 B141-1977 7 8802 ?9 other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except-by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate_compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for otherpurposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during theDesign of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, stratus may117 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construe- be governed by the-law of the principal place of business of Lion Industry Arbitration Rules of the American Arbitra- the Architect. • tion Association then obtaining unless the-parties mutu- 11.2 -Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional-person not of this Agreement. • a party to this Agreement except by written-consent con- 113 As between the parties to this Agreement:2s to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vantDate of Substantial Completion of the Work, and as any person not-named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The D aner and the Architect waive all rights under the prevailing arbitration law. g consult- 9.2 Notice of the demand for arbitration shall be filed in against-each other and against the contractors,writing with the other party to this Agreement and with ants, agents y and employees insurancef the other s constructiondu set the American Arbitration Association. The demand shall ford by any ditionproperlo AlADo during 201Gene as on- forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final,• and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTICLE 10 representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault-of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner ARTICff 13 upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination_late, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only -by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. 8 B141-1977 AIA DOCUMENT 0141 • OwNI.R-ARCIIIrrcT AGRELUENI • IIIIRI LLN III EDI IION • July 1177 . AIA", . 6.)1977 THE-AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N AV., WASHINGTON, D.C. 2UWG 8802 PS ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of Not Requ i red dollars ($ 0.00 ) shall be made upon execution of this Agreementand credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 142.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (ffere insert basis of compensation, including fixed amounts, multiples or percentages, and identity Phases to which particular methods of compensa- tion apply, ii necessary) Five percent (5a) of the Construction Cost. 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total BasicCompensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: F i f teen percent ( 15%) Design Development Phase: Thirty-five percent ( 3-5%) Construction Documents Phase: Eighty percent ( $0%) Bidding or Negotiation Phase: Eightyfive percent ( 85%) Construction Phase: One-Hu nd red percent (1 00%) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described inTaragraph 1.6, Compensation shall bexomputed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT B141 • OWNER-ARCI II[[ICT AURLENIENT • 1HIR1 LLNTH EDIT RIN • JULY 1977 • AIAA' • ©1977 TIIE AMLRICAN INSTITUTE OF ARCHIIECTs, 1715 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 9 8802PS 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONALSERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (f fere insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employee.. and idvntilr Prue:mats and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) (a) Principal ' s time at the fixed rate of Sixty-five Dollars ($65.00) per hour. For the purpose of this Agreement, She Principal is: LARRY E. STEEL, A. I .A. (b) Employee's time (other than Principal ) at a multiple of two and one- half (2.5) times the employee's Direct Personnel Expense as ,defined in Article 4. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services,a multiple of One and one quarter ( 1 .25 I time, the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 15, if required) 143 FOR REIMBUR5A13LE EXPENSES,as described in Article 5,-and any other items included in Article 15 as Reim- bursable Expenses,a multiple of One and _one quarter ( 1 .25 1 times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. • 14.6 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 business of the Architect. (Here insert any rate of interest agreed upon.) (Usury laws and r q cots under the Federal Truth in tending Act, similarstate and local COnSullWr - Ict I ws and other regulatoons at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the a l idty of this provision 5perild legal advice should he obtained with respect to deletion, modification, or other requirements soil, as written decln,ores or waierrs.7 14.7 -The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.73 IF THE SERVICES covered by this Agreement have not been completed within Twelve (1 2 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. AR DOCUMENT 6141 • UAA.NLR-ARCHITECT ACRELMEN I • 1I IIRTLEN I II EDIHON • JULY 1977 • AIA'v • ©1977 10 B141.1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C. 20006 8802n9 ARTICLE 15 OTHER CONDITIONS OR SERVICES • AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • TIIIRT(ENII I EDITION • IULY 1977 • AIA® • ©1977 HIE AMERICAN INS III U I L O1 ARCIIIII CIS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 201106 6141=1977 11 88 °9 This Agreement entered into as of the day and year first written above. WELD COUNTY, COLORADO LARRY E. STEEL ASSOCIATES•ARCHITECTS OWNER 910 10th Street, P.O. Box 758 ARCHITECT Greeley National Pl-aza, Suite 640 Greeley, Colorado 80632 Greeley, Colorado 80631 BY -ave. BY G• NARI�V ne R Br•arytner, Larry . Steel , A. I .A._ ) ATTEST: c r �C � 1 Deputy County Clerk 12 B141-1977 AIA DOCUMENT 8141 • OWNER-ARCM AGREEMENT • TI IIRT EEN III I DII ION • )ULY 1977 • AIM • ©1977 THE AMERICAN 'NM I EUI E OF ARCHITLCTS, 1735 NOV YORK AVENUE, N VA'_, WASI IINCT ON, D.C. 20006 c ;.MtkZ 3 Hello