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Home My WebLink About910793.tiff TI-IE AMERICAN INSTITUTE OF ARCHITECT r. lip AIA Document R"Id7 Standard Form of Agreement Between Owner anti Archirtect 1977 EDITION 7ensDocUAIEn'! I IAS IMPOR7 ANT I LCAL GonsCQUEn'( CO,VSU!Ii1TlOlk'V.'11 II • AN AI I Ina Y 1A 1-NCOURALI WI/II RESPECT IO IIT( I IIC)A' ol; ;JO(WI( AI4O," AGREEMENT made as of the Twenty-fifth clay of July in the year of Nineteen Ikindred and Ninty-one 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 two (2) fifteen thousand ( 15 ,000) square foot office buildings and related site work to house County Departments, located in the Weld County Business Park at "0" Street and North 11th Avenue , Greeley , Colorado. The Owner and the Architect agree as set forth below. Q I1 ;le eh l 26, TI-III, 1911, 1951, 19,6, 1'61, 1961, 1966, l'lo?, 1`tf0, 19 I. 17:' IA the A r n hn14AIL. of Auh0t k, Eli New 104. A\0000 N.AA'., AA'.nhlnplon, 11.(:. '_0001, 160pnulullmn of Iho nl0•0,1l Lrioln .116.111111.9 (004i:00) ui ik pr cl B lh,nC ['cuntann of the AIA vu� it, Ihv wp,riphl 4w. Al Ihv Unit,d �!.nez .11111 "all L� wJij r�l Ir, v�1 pi�.�,runL�u. AIA UO(11AIENT 6141 • (1A A ILAHt lull( I A(.1111A1 1,1 • 11111111111111 UInoN • Il 11" 1'I;; • AIA • (,)1917 nIr Ard(EWAN 11.51111111 \Br 11111( 11, T1, -nc roes A.1N10, N vvA_1uNmov n( (1006 1;1,11-"1977 1 910713 _CTPVA 1 7 (This Page Is Blank) TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general ARCHITECT'S SERVICES AND RESPONSIBILITIES 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 lion 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 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 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 1.15 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 lion 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 merits and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- tile program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development sect 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- sect 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 . OWNLR-ARCHITECT AGRELMENI • 1IURIEENTH EDITION • IULY 1977 • AIM° • a 1977 6141 1977 3 THE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 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 accordance with the provisions of the Contract Docu- 1.5.6 The Architect shall at all times have access to the ments, whether or not such Work be then fabricated, in- Work wherever it is in preparation or progress. 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 other appropriate action upon the Contractor's submittals evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.6 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 the Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (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 tor- 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 ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and len- 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 played 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, hiblt 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 good 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 tion 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 ment and in the Contract Documents. be 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. AIA DOCUMENT 6141 • OWNER-ARCIIIIECT AGREEMENT MENT • THIRIT ENrH CEATION • IUI,Y 1% AIM • n 1977 4 6141-1977 THE AMERICAN INSTITUTE OF ARCIIITECIS, 1735 NEW YORK AVENUE, NVA., WASHINGTON,IOA DC. 20006 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 1.7.17 Preparing a set of reproducible record drawings oof required for approvals of governmental authorities showing significant changes in the Work made during or others having jurisdiction over the Project. 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- 1 718 Providing extensive assistance in the utilization of strutted during the Construction Phase. 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. nished 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 1 720 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 elec- 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 1.0 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 the Project proceeds,and shall include allowances for peri- spaces. ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or 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 ARTICLE 2 control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with 21 The Owner shall provide full information regarding Change Orders the extent that the adjustment in the requirements for are Project including a program, which Basic Compensatiti on resulting from the adjusted Con- shall set forth the Owner's design objectives, constraints struction Cost is not commensurate with the services re- and criteria, including space requirements and relation- of the Architect, provided such Change Orders are ships, flexibility and expandability, special equipment and required by causes not solely within the control of the systems and site requirements. Architect. 2.2 If the Owner provides a budget for the Project It 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- Work during construction, and other costs which are the shall include contingencies for bidding, changes u3 the ices required in connection with construction performed responsibility of the Owner, including those described in by the Owner. 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. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • EMU EDITION • IULY1977 • AIM • ©1977 6141 1977 $ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., wA5HINGTON, D.C. 20006 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 cation of the Architect and the Architect's consultants, the Architect and 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- fished 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 Sub- 2 paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such .7 The Owner shall furnish all legal, accounting and in- fixed limit has been agreed upon in writing and signed by surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab- time for the Project, including such auditing services as lished, the Architect shall be permitted to include con- the Owner may require to verify the Contractor's Applica- lingencies for design, bidding and price escalation, to de- lions for Payment or to ascertain how or for what pur- termitic what materials, equipment, component systems poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con- half of the Owner. tract Documents, to make reasonable adjustments in the 2.8 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 [lidding 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 be 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 (1) give written approval of an 3,1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or 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 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ©1977 6 B141-1977 TIIE AMERICAN INSTITUTE OF ARCIIIIECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 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 Lion 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 such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE 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 6.2.1 Payments on account of the Architect's Additional ARTICLE 5 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 63 PAYMENTS WITHHELD actual expenditures made by the Architect and the Archi- tect's employees and consultants ir, 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 idle Architect is helcl 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 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- mre than three ort be equitably adjusted.the Architect's compensation tional Services. sh 5.1.4 If authorized in advance by the Owner, expense of ARTICLE 7 overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7,1 Records of Reimbursable Expenses and expenses per- 5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on limits, including professional liability insurance, requested the basis of a Multiple of Direct Personnel Expense shall by the Owner in excess of that normally carried by the be kept on the basis of generally accepted accounting Architect and the Architect's consultants. principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 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 81 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement. 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, lions 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 be used by the Owner on AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIAO • ©1977 8141-1977 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 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 computed as a in default under this Agreement, compensation ac by tion toreement the Arch{ pelerwise rcentageeof the total d Basts an ic andaAdditional Compensa- writing and with appropriate p tion earned to the time of termination, as follows: sect. .1 20 percent if termination occurs during the Sche- re Submission or distribution meet official regulatory matic Design Phase; or requirements or for other purposes l connection with the Project is not to be construed as publication in derogation .2 10 percent tPhase�orn occurs during the Design of the Architect's rights. Development .3 5 percent if termination occurs during any subse- quent phase. ARTICLE 9 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 11.1 Unless otherwise specified, this Agreement shall be relating to this Agreement or the breach thereof, 9d1p14JE may overned b the law of the principal lace of business of e g by p place decided by arbitration in accordance with the Construe- the Architect. tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- laly altinggtoet oterwise, No h shAgreeme t shailll ill ncludelsbygconsolidati n, ofout o or re- ingthe those Contract forr Construction, c1ur ent General ofConditions date joinder or in any other manner, any additional person not of 3 this Agreement.the parties to this Agreement: as to all a party to this Agreement except by written consent con- Asbetween 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 vant Date 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 Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall 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, SUCCESSORS AND ASSIGNS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 12.1 themselves, their and th Architect,part erse successors, ras ignslvand bind l representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT lives 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. ARTICLE 13 10.2 This Agreement may be terminated by the Owner 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 date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amende Owner dnd Architect only y written instrument signed by both defined in Paragraph 10.4. Own AIA DOCUMENT WW1 • OWNER-ARCHITECT AGREEMENT • HIIRrEENTII EDIEIION • JULY 1977 •VJULY 1977•NIA®.•O210077 8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope_ of Services provided, in accordance with Article G, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of Not Requi red dollars ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 142 BASIC COMPENSATION 14.2.1 FOR BASIC SEI2VICIls, 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. fllom csoal loos of commcoriori. - audnb r s 'd r ,)uh, mu ti I % ur porco _and id-r iy II ym, )) }ll parr))u.),t th.ul• r.l qn ru.l lion apply, if rice s.asy) Three percent (3%) of the Construction Cost. Fee is based on reuse of the Weld County Human Resources Building, Greeley , Colorado. For major modifications or additions see Article 14.4, Compensation for Additional Services. 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as proviclecl in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any azld)r)nnal Plla r)a as appropriate.) Schematic Design Phase: Fi fteen percent( 15 `Yu) Design Development Phase: Th i rty-fi ve percent (35 '31O) Construction Documents Phase Eighty percent ($0 n,(,) Bidding or Negotiation Phase: E i ghty-f i ve percent($5 %) Construction Phase: One Hundred percent( 100')/O) 14.1 TOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparn^,raph AIA uOCUMLNT Rut • ncssul.-rRalnl( I At,KI r • I nen l nt I Ill 6141-1'177 '1 (11[ AMI RICAN INsnfait Ur RCIIIltUti, 1715 VIN YORK AVI .PF, N.w., �� I,INI;Ica U( 1006 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES 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: (Here insert basis of compensation, incluIdentding specific services multiples to f Direct Personnel Expense ol mmPfor r Principals enon ply,t it employnecessaees, and identify Principals and classify employees, i required. (a) Principal ' s time at the fixed rate of Seventy-Five Dollars ($75.00) per hour. For the purpose of this Agreement , the Principal is: LARRY E. STEEL, A. I .A. (b) Employee' s time (other than Principal ) at a multiple of three (3) times the employee' s Direct Personnal 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 5 as part of Addi- tional Services,a multiple of One and one quarter 1 .25 ts billed to the Architect for such services. (Identify specific types of consultants in Article 15. it required) 14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other items included s ie Article the l 1 5 as Re ex- bursable Expenses, a multiple of One and one quarter ( 1 .25 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 requirements under the Federal Truth in Lending A_ spmilar aato and local consumer cred,t laws and other regulatmm at the cithavithre uy Owner's should Architect's e obtatined withare peel s to ldtelet om mie location l)/ the odihcafi n, or therrtr zrybemfems qui, as writtenct the disclosures validity or waiis rvercmvoton. Sprrihc legal 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. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within Twelve (12 months of the forth hete rein hereof, through equitably adjusted, ofault of the Architect, the amounts of compensation, rates and multiples shall MA DOCUMENT BLn • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAh• ©1977 10 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. ]0006 ARTICLE 15 OTHER CONDITIONS OR SERVICES AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 19]] • AIA® • ©19]] 6141- 977 11 THE AMERICAN INSTITUTE OF ARCHITFCI5, 1735 NEW YORK AVENUE, N W., WASIIINGTON, D.C. 20006 • • This Agreement entered into as of the day and year first written above. WELD COUNTY, COLORADO LARRY E. STEEL ASSOCIATES •ARCHITECTS 910 10th Street, P.O. Box 758 nRCIIITEC;'T Greeley National Plaza, Suite 640 OWNER Greeley, Colorado 80632 Greeley, Colorado 80631 BY 1,Y Larry Steel , A. I .A. • AIA DOCUMENT 8141 •OWNER-ARCM ILCI AGREEMENT • 1IURll l NI II UM lot: • I111.Y 1777 • Alko• l)1777 12 B141-1977 THE AMERICAN INSI Mill: OF ARCI IIIFOS, 1731 \Ew YORK AVENUE, N.W., WASIIINGION, I).C:. 7110% Hello