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Home My WebLink About940920 RESOLUTION RE: APPROVE AGREEMENT WITH BLEY ASSOCIATES, ARCHITECTS, AND AUTHORIZE CHAIRMAN TO SIGN - HOUSEHOLD HAZARDOUS WASTE/GRADER SHED FACILITY IN SOUTHWEST WELD COUNTY 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 the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Bley Associates, Architects, for the Household Hazardous Waste/Grader Shed Facility in southwest Weld County, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Bley Associates, Architects, for the Household Hazardous Waste/Grader Shed Facility in southwest Weld County, 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 19th day of September, A.D. , 1994. / BOARD OF COUNTY COMMISSIONERS ALXAA // ATTEST: v WELD COUNTY, COLORADO Weld County Clerk to the Board W . Webste , Ch irm Ar BY: Deputy Clerk to the Board Dale J. Hall, Pr9-Te / APPROVED AS TO FORM: e/EA e``�� Geoorrg Baxter �` ck. f�ez��Z.�,� ounty At o et n on tance L. �H/arrbert kit arbara Kirkme er�� 940920 �I DDI� ee. : r/5 £ey ) fit THE AMERICA INSTITUTE F ARCHITECTS • AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope 1987 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 Fourteenth day of September in the year of Nineteen Hundred and Ninety-Four BETWEEN the Owner: Weld County Commissioners (Name and address) 915 10th Street Greeley, Colorado 80631 Bley Associates, Architects L. Bley C-1616 and the Architect: 2020 Clubhouse Drive (Name and address) Greeley, Colorado 80634 For the following Project: (Include detailed description of Project, location, address and scope.) New 3200 S.F. Weld County hazardous waste/weed control facility to be located at southwest Weld County. The facility shall provide temporary vault storage for household hazardous waste and weed control below grade by products. Building facility construction documents/ landscape included in base contract. Site engineering design work shall be completed by others. The Owner and Architect agree as set forth below. Copyright 1974,1978,C)1987 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 written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 9151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 6151-1987 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940920 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 2.4 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT ARCHITECT'S RESPONSIBILITIES 2.4.1 The Architect's responsibility to provide Basic Services 1.1 ARCHITECT'S SERVICES for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 1.1.1 The Architect's services consist of those services per- at the earlier of issuance to the Owner of the final Certificate for formed by the Architect,Architect's employees and Architect's Payment or 60 days after the date of Substantial Completion of consultants as enumerated in Articles 2 and 3 of this Agreement the Work. and any other services included in Article 12. 2.4.2 The Architect•shall provide administration of the Con- 1.1.2 The Architect's services shall be performed as expedi- tract for Construction as set forth below and in the edition of tiously as is consistent with professional skill and care and the AIA Document A2O1, General Conditions of the Contract for orderly progress of the Work. Construction, current as of the date of this Agreement. 1.1.3 The services covered by this Agreement are subject to 2.4.3 Duties,responsibilities and limitations of authority of the the time limitations contained in Subparagraph 11.5.1. Architect shall not be restricted,modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner(1)during construction until final payment to the Contractor is due and(2)as an Additional Ser- ARTICLE 2 vice at the Owner's direction from time to time during the cor- SCOPE OF ARCHITECT'S BASIC SERVICES rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate 2.1 DEFINITION to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar 2.1.1. The Architect's Basic Services consist of those described with the progress and quality of the Work completed and to under the three phases identified below, any other services determine in general if the Work is being performed in a man- identified in Article 12,and include normal structural,mechani- ner indicating that the Work when completed will be in accor- cal and electrical engineering services, dance with the Contract Documents. However, the Architect 2.2 DESIGN PHASE shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On 2.2.1 The Architect shall review with the Owner alternative the basis of on-site observations as an architect, the Architect approaches to design and construction of the Project. shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against 2.2.2 Based on the mutually agreed-upon program, schedule defects and deficiencies in the Work. (More extensive site and construction budget requirements, the Architect shall representation may be agreed to as an Additional Service, as prepare, for approval by the Owner, Design Documents con- described in paragraph,32.) silting of drawings and other documents appropriate for the Project,and shall submit to the Owner a preliminary estimate of 2.4.6 The Architect shall not have control over or charge of Construction Cost. and shall not be responsible for construction means,methods, techniques, sequences or procedures,or for safety precautions 2.3 CONSTRUCTION DOCUMENTS PHASE and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for 2.3.1 Based on the approved Design Documents,the Architect Construction. The Architect shall not be responsible for the shall prepare, for approval by the Owner, Construction Docu- Contractor's schedules or failure to carry out the Work in ments consisting of Drawings and Specifications setting forth in accordance with the Contract Documents. The Architect shall detail the requirements for the construction of the Project and not have control over or charge of acts or omissions of the shall advise the Owner of any adjustments to previous Contractor, Subcontractors,or their agents or employees,or of preliminary estimates of Construction Cost. any other persons performing portions of the Work. 2.3.2 The Architect shall assist the Owner in connection with 2.4.7 The Architect shall at all times have access to the Work the Owner's responsibility for filing documents required for wherever it is in preparation or progress. the approval of governmental authorities having jurisdiction over the Project. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall 2.3.3 Unless provided in Article 12, the Architect, following review and certify the amounts due the Contractor. the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist 2.4.9 The Architect's certification for payment shall constitute the Owner in obtaining bids or negotiated proposals and assist a representation to the Owner, based on the Architect's obser- in awarding and preparing contracts for construction. vations at the site as provided in Subparagraph 2.4.5 and on the AIA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B151-1987 A2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940920 data comprising the Contractor's Application for Payment,that they shall be paid for by the Owner as provided in this Agree- the Work, to the best of the Architect's knowledge, informa- ment. Such Additional Services shall include, inaddition anal analysis, tion and belief, has progressed to the point indicated and that those described in Paragraphs 3.2 and 3.3, budget Y quality of the Work is in accordance with the Contract Docu- financial feasibility studies, planning surveys, environmental ments. The issuance of a Certificate for Payment shall not be a studies, measured drawings of existing conditions, coordina- representation that the Architect has (1) made exhaustive or tion of separate contractors or independent consultants, coor- continuous on-site inspections to check the quality or quantity dination of construction or project managers, detailed Con- of the Work, (2)reviewed construction means,methods, tech- struction Cost estimates,quantity surveys,interior design,plan- niques,sequences or procedures,(3)reviewed copies of requi- ning of tenant or rental spaces, inventories of materials or sitions received from Subcontractors and material suppliers and equipment,preparation of record drawings, and any other ser- other data requested by the Owner to substantiate the Contrac- vices not otherwise included in this Agreement under Basic Ser- tor's right to payment or(4)ascertained how or for what pur- vices or not customarily furnished in accordance with generally pose the Contractor has used money previously paid on accepted architectural practice. account of the Contract Sum. 3.2 If more extensive representation at the site than is 2.4.10 The Architect shall have authority to reject Work which described in Subparagraph 2.4.5 is required, such additional does not conform to the Contract Documents and will have project representation shall be provided and paid for as set authority to require additional inspection or testing of the forth in Articles 11 and 12. Work whenever, in the Architect's reasonable opinion, it is 3.3 As an Additional Service in connection with Change necessary or advisable for the implementation of'the intent of Orders and Construction Change Directives,the Architect shall the Contract Documents. prepare Drawings,Specifications and other documentation and 2.4.11 The Architect shall review and approve or take other data, evaluate Contractor's proposals, and provide any other appropriate action upon Contractor's submittals such as Shop services made necessary by such Change Orders and Construc- Drawings, Product Data and Samples, but only for the limited tion Change Directives. purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.When professional certification of performance characteristics of materials, systems or equip- ARTICLE 4 ment is required by the Contract Documents, the Architect OWNER'S RESPONSIBILITIES shall be entitled to rely upon such certification to establish that the materials,systems or equipment will meet the performance criteria required by the Contract Documents. 4.1 The Owner shall provide full information,including a pro- gram which shall set forth the Owner's objectives, schedule, 2.4.12 The Architect shall prepare Change Orders and Con- constraints,budget with reasonable contingencies,and criteria. struction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as 4.2 The Owner shall furnish surveys describing physical char- provided in Paragraphs 3.1 and 3.3, for the Owner's approval acteristics, legal limitations and utility locations for the site of and execution in accordance with the Contract Documents, the Project, a written legal description of the site and the ser- and may authorize minor changes in the Work not involving an vices of geotechnical engineers or other consultants when such adjustment in the Contract Sum or an extension of the Contract services are requested by the Architect. Time which are not inconsistent with the intent of the Contract 4.3 The Owner shall furnish structural, mechanical, chemical, Documents. air and water pollution tests, tests for hazardous materials, and 2.4.13 The Architect shall conduct inspections to determine other laboratory and environmental tests, inspections and the dates of Substantial Completion and final completion and reports required by law or the Contract Documents. shall issue a final Certificate for Payment. 4.4 The Owner shall furnish all legal,accounting and insurance 2.4.14 The Architect shall interpret and decide matters con- counseling services as may be necessary at any time for the cerning performance of the Owner and Contractor under the Project, including auditing services the Owner may require to requirements of the Contract Documents on written request of verify the Contractor's Applications for Payment or to ascertain either the Owner or Contractor. The Architect's response to how or for what purposes the Contractor has used the money such requests shall be made with reasonable promptness and paid by the Owner. within any time limits agreed upon. When making such inter- 4.5 The foregoing services, information, surveys and reports pretations and initial decisions, the Architect shall endeavor to shall be furnished at the Owner's expense, and the Architect secure faithful performance by both Owner and Contractor, shall be entitled to rely upon the accuracy and completeness shall not show partiality to either, and shall not be liable for thereof. results of interpretations or decisions so rendered in good faith. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in ARTICLE 3 the Project or nonconformance with the Contract Documents. ADDITIONAL SERVICES 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be firmedddi writing Services shall Owner or if inclu if ded n Article authorized 12,or and submittedys to tior to ehe eArchitect for review and approval at least 14 by thecution. MA DOCUMENT B151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 3 B151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940920 ARTICLE 5 ARTICLE 6 CONSTRUCTION COST USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 5.1 DEFINITION 6.1 The Drawings, Specifications and other documents pre- 5.1.1 The Construction Cost shall be the total cost or esti- pared by the Architect for this Project are instruments of the mated cost to the Owner of all elements of the Project designed Architect's service for use solely with respect to this Project, or specified by the Architect. and the Architect shall be deemed the author of these docu- 5.1.2 The Construction Cost shall include the cost at current ments and shall retain all common law, statutory and other market rates of labor and materials furnished by the Owner and reserved rights, including the copyright. The Owner shall be equipment designed, specified, selected or specially provided permitted to retain copies, including reproducible copies, of for by the Architect, plus a reasonable allowance for the Con- the Architect's Drawings, Specifications and other documents tractor's overhead and profit. In addition, a reasonable allow- for information and reference in connection with the Owner's ante for contingencies shall be included for market conditions use and occupancy of the Project. The Architect's Drawings, at the time of bidding and for changes in the Work during Specifications or other documents shall not be used by the Owner or others on other projects,for additions to this Project construction. or for completion of this Project by others,unless the Architect 5.1.3 Construction Cost does not include the compensation of is adjudged to be in default under this Agreement, except by the Architect and Architect's consultants, the costs of the land, agreement in writing and with appropriate compensation to the rights-of-way, financing or other costs which are the respon- Architect. sibility of the Owner as provided in Article 4. 6.2 Submission or distribution of documents to meet official 5.2 RESPONSIBILITY FOR CONSTRUCTION COST regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- 5.2.1 It is recognized that neither the Architect nor the Owner tion of the Architect's reserved rights. has control over the cost of labor,materials or equipment,over the Contractor's methods of determining bid prices, or over competitive bidding,market or negotiating conditions.Accord- ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of ARBITRATION Construction Cost or evaluation prepared or agreed to by the Architect. 7.1 Claims, disputes or other matters in question between the 5.2.2 No fixed limit of Construction Cost shall be established parties to this Agreement arising out of or relating to this Agree- as a condition of this Agreement by the furnishing,proposal or ment or breach thereof shall be subject to and decided by arbi- establishment of a Project budget,unless a fixed limit has been tration in accordance with the Construction Industry Arbitra- agreed upon in writing and signed by the parties hereto. Fixed tion Rules of the American Arbitration Association currently in limits,if any, shall be increased in the amount of an increase in effect unless the parties mutually agree otherwise. No arbitra- the Contract Sum occurring after execution of the Contract for tion arising out of or relating to this Agreement shall include,by Constructionl consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement,except by writ- 5.2.3 Any Project budget or fixed limit of Construction Cost ten consent containing a specific reference to this Agreement may be adjusted to reflect changes in the general level of prices signed by the Owner,Architect,and any other person or entity in the construction industry between the date of submission of sought to be joined. Consent to arbitration involving an addi- the Construction Documents to the Owner and the date on tional person or entity shall not constitute consent to arbitra- which proposals are sought. tion of any claim, dispute or other matter in question not 5.2.4 If a fixed limit of Construction Cost is exceeded by the described in the written consent. The foregoing agreement to lowest bona fide bid or negotiated proposal, the Owner shall: arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agree- .1 give written approval of an increase in such fixed ment shall he specifically enforceable in accordance with appli- limit; cable law in any court having jurisdiction thereof .2 authorize rebidding or renegotiating of the Project 7.2 In no event shall the demand for arbitration be made after within a reasonable time; the date when institution of legal or equitable proceedings .3 if the Project is abandoned, terminate in accordance based on such claim,dispute or other matter in question would with Paragraph 8.3; or be barred by the applicable statutes of limitations. .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 7.3 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, applicable law in any court having jurisdiction thereof. the Architect,without additional charge,shall modify the Con- tract Documents as necessary to comply with the fixed limit,if established as a condition of this Agreement.The modification ARTICLE 8 of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. TERMINATION, SUSPENSION OR ABANDONMENT The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not 8.1 This Agreement may be terminated by either party upon the Construction Phase is commenced. not less than seven days'written notice should the other party AW DOCUMENT 9151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIAe •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW.,WASHINGTON, D.C. 20006 B151-1987 4 • WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 940920 fail substantially to perform in accordance with the terms of this ditions of the Contract for Construction,current as of the date Agreement through no fault of the party initiating the ter- of this eement.ilar waivers from h their e Owner contractors, and ageitect each shall nts. uire mination. 8.2 If the Project is suspended by the Owner for more than 30 9.5 The Owner and Architect, respectively, bind themselves, consecutive days, the Architect shall be compensated for ser- their partners, successors, assigns and legal representatives to vices performed prior to notice of such suspension.When the the other party to this Agreement and to the partners, suc- Project is resumed,the Architect's compensation shall be equit- cessors, assigns and legal representatives of such other party ably adjusted to provide for expenses incurred in the interrup- with respect to all covenants of this Agreement.Neither Owner tion and resumption of the Architect's services. nor Architect shall assign this Agreement without the written consent of the other. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the 9.6 This Agreement represents the entire and integrated agree- event that the Project is permanently abandoned.If the Project ment between the Owner and Architect and supersedes all is abandoned by the Owner for more than 90 consecutive days, prior negotiations, representations or agreements, either writ- the Architect may terminate this Agreement by giving written ten or oral. This Agreement may be amended only by written notice. instrument signed by both Owner and Architect. 8.4 Failure of the Owner to make payments to the Architect in 9.7 Nothing contained in this Agreement shall create a contrac- accordance with this Agreement shall be considered substantial tual relationship with or a cause of action in favor of a third nonperformance and cause for termination. party against either the Owner or Architect. 8.5 If the Owner fails to make payment when due the Archi- 9.8 The Architect and Architect's consultants shall have no tect for services and expenses, the Architect may,upon seven responsibility for the discovery,presence,handling,removal or days'written notice to the Owner,suspend performance of ser- disposal of or exposure of persons to hazardous materials in vices under this Agreement. Unless payment in full is received any form at the Project site, including but not limited to by the Architect within seven days of the date of the notice,the asbestos,asbestos products,polychlorinated biphenyl(PCB)or suspension shall take effect without further notice.In the event other toxic substances. of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior ARTICLE 10 to termination,together with Reimbursable Expenses then due PAYMENTS TO THE ARCHITECT and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for 10.1 DIRECT PERSONNEL EXPENSE Basic and Additional Services, and include expenses which are 10.1.1 Direct Personnel Expense is defined as the direct directly attributable to termination. salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick ARTICLE 9 leave, holidays, vacations, pensions and similar contributions and benefits. MISCELLANEOUS PROVISIONS 10.2 REIMBURSABLE EXPENSES 9.1 Unless otherwise provided, this Agreement shall be gov- ed 10.2.1 Reimbursable Expenses include expenses incurred by ern by the law of the principal place of business of the the Architect in the interest of the Project for: Architect. .1 expense of transportation and living expenses in con- 9.2 Terms in this Agreement shall have the same meaning asnection with out-of-town travel authorized by the thos e in AIA Document A201, General Conditions of the Con- Owner; tract for Construction,current as of the date of this Agreement. .2 long-distance communications; 9.3 Causes of action between the parties to this Agreement .3 fees paid for securing approval of authorities having pertaining to acts or failures to act shall be deemed to have jurisdiction over the Project; accrued and the applicable statutes of limitations shall corn- .4 reproductions; mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial postage Completion, or the date of issuance of the final Certificate for .6 expense of overtime work requiring higher than regu- Payment for acts or failures to act occurring after Substantial lar rates, if authorized by the Owner; Completion. .7 renderings and models requested by the Owner; 9.4 The Owner and Architect waive all rights against each .8 expense of additional insurance coverage or limits, including professional liability insurance, requested employees and against the contractors,damages, only consultants, agents and by the Owner in excess of that normally carried by overedby of roe other fur insurance during but nstr ctto , exceptnt covered rightsproperty vetot pr peroceeds of such insurance except the Architect and Architect's consultants; and such as they may have to the proceeds of such .9 expense of computer-aided design and drafting equip- as set forth in the edition of AIA Document A201,General Con- ment time when used in connection with the Project. AIA DOCUMENT 8151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 5 5151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C. 20006 .± > WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940920 0920 • 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES forth in Subparagraph 11.2.2,based on(1)the lowest bona fide bid or negotiated proposal, or(2)if no such bid or proposal is 10.3.1 An initial payment as set forth in Paragraph 11.1 is the received, the most recent preliminary estimate of Construction minimum payment under this Agreement. Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL vices performed within each phase of service. SERVICES AND REIMBURSABLE EXPENSES 10.3.9 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or ex- 10.4.1 Payments on account of the Architect's Additional Ser- tended through no fault of the Architect,compensation for any vices and for Reimbursable Expenses shall be made monthly services rendered during the additional period of time shall be upon presentation of the Architect's statement of services computed in the manner set forth in Subparagraph 11.3.2. rendered or expenses incurred. 10.3.4 When compensation is based on a percentage of Con- 10.5 PAYMENTS WITHHELD struction Cost and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of 10.5.1 No deductions shall be made from the Architect's com- the Project shall be payable to the extent services are per- pensation on account of sums withheld from payments to formed on those portions, in accordance with the schedule set contractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF --- Dollars(Id --- shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2, and any other services included in Article 12 as part of Basic Services,Basic Compensation shall be computed as follows: (Insert basis of compensation,including stipulated sums,multiples or percentages,and identify phases to which particular methods of compensation apply,if necessary.) The Architect, Bley Associates, shall be paid a twig) sum fee of $16,400.00 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Design Phase: percent 60 %) Construction Documents Phase: percent 00 %) Construction Phase: percent(j 0 %) Total Basic Compensation: one hundred percent(100%) AIA DOCUMENT 8151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B151-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • - 940420 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: Refer to Article 12 - Schedule of Hourly Rates 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12,compensation shall he computed as follows: (Insert basis of compensation, including rates and/or multiples rf Direct Personnel Expense for Principals and emplpvee_s, and identify Principals and ctassfr employees, if required. Identify specific services to which particular methods of compensation apply.if necessary) Refer to Article 12 - Schedule of Hourly Rates 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS,including additional structural,mechanical and electrical engineering ser- vices and those provided under Article 3 or identified in Article 12 as part of Additional Services,a multiple of ( ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses, a multiple of ( ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Thirty-one ( 31 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon) 18% (Usury laws and requirements under the Federal Truth in Lending Act,similar stale and local consumer credit laws and other regulations at the Owner's and Archi- tect's principal places of business, the location of the Project and el where may affect the validity of Ibis provision_Specific legal advice should he obtained aril) respect to deletions or modifications, and also regarding requirements such as urine,disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. AIA DOCUMENT 0151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D.C.20006 B151-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 94092.0 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) Inclusions in Base Construction Documents 1) Architectural, structural, mechanical/electrical construction documents. 2) Seven (7) site visitations to project site during construction by AE. 3) Additional Services Not Included in 'Base •Contract 1) Site boundary and field survey indicating utility and easement conditions in the vicinity of the proposed facility. This information to be provided by County or field verified by Utility Companies. 2) Printing/mailing expenses; job related phone calls. 3) Soils Report - minimum (2) test holes 4) Site drainage report if required by Weld County. • 5) Site Engineering Design Work Hourly Rates - Construction Contract Administration (CCA) if required beyond seven visitations in Base Contract. $ 55.00/hour Principal Architect/Engineer $ 40.00/hour Project Design Architect $ 30.00/hour CADD Draftsperson $ 20.00/hour Draftsperson $ 15.00/hour Clerical This Agreement entered into as of the day and year first written above. OWNER ARC ITECTA^, (signature)W. H. EB TER, CHAIRMAN 09/2119 sign ) WELD COUNTY, COLORADO WELD COUNTY BOARD OF COMMISSIONERS $0104 f Q,'.f,E% ttoot. weal- (Printedinted name and title) (Printed name and title) AIACAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AM DOCUMENT 8151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 8151-1987 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NM.,WASHINGTON, D.C. 20006 9409?') Hello