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Home My WebLink About730834.tiff A:-/!?<,y,-A i,tr c_t% - A/ 9 RESOLUTION WHEREAS, pursuant to law, the Board of County Commissioners, Weld County, Colorado, is vested with the responsibility of administering the affairs of Weld County,-Colnra-do, -and- - - • WHEREAS, it has been determined by the Board that there is a need for a new building to house the Weld County Health Department and a new county recreational building at Island Grove Park, and WHEREAS, the Board believes it to be in the best interest of the County to employ a qualified engineering firm to prepare and submit architectual and engineering studies for the Board's approval relative to the construction of the aforementioned county facilities, and WHEREAS, the engineering firm of Nelson, Haley, Patterson and Quirk has submitted an agreement providing for architectual and engineering studies relative to the construction of a new building for the Weld County Health Department and a new county recreational building at Island Grove Park. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that said agreement providing for submission of complete-architectual and engineering studies for the Board's approval, pertaining to the erection of a new building for the Weld County Health Department and a new recreational building at Island Grove Park, copy of which is attached hereto and made a part hereof by reference, be, and it hereby is approved. BE IT FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute the agreement as submitted and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of March, 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,44 /5: / Harry S. Ashley (absent) i yc]l�r� 414 ATTEST: 1 Clerk of thibi oard �, n/A Deputy County Clerk A PPROV- D AS TO• r OR Vi: -� County Attorney 730834 iv,./„ ..s'`' ,-� x'2/72 dew J(4LaZ /tied THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8131 Standard Form of Agreement Between Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this Twenty-First day of March in the year of Nineteen Hundred and Seventy-Three BETWEEN Board of County Commissioners Weld County, Colorado the Owner, and the Architect. CNC/NHPQ Inc. , Architects Engineers Planners It is the intention of the Owner to erect a Weld County Recreation Building of about 39,000 square feet including program requirements shown on the preliminary study dated February 19, 1973, previously approved by the Board of Commissioners and to erect a Weld County Health Services Building of about 26,000 square feet including program requirements shown on the preliminary study presented to the Board of Commissioners and Board of Advisors on March 5, 1973 and subsequently approved; hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. AIA DOCUMENT 8131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIA ,1 O 1970•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C.20006 . 1 -� .••-� • I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation computed at the following percentages of the Construction Cost, as defined in Article 3, for • portions of the Project to be awarded under ketiogritalipRAaiechc5Ext kocttcarx xocxxRkitxxxxaea3t Separate Stipulated Sum Contracts for 2 buildings; eight per cent ( B to) koiRsa Clostk atiotx36aaia+itc xxxxxRkixxxxc8fak Sepayatc;easlabwEaa£xW' ramtax 7patxxnktxxxxafllak AN INITIAL PAYMENT of dollars ($ none ) shall be made upon the execution of this Agreement and credited to the Owner's account. b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows: Principals' time at the fixed rate of thirty—five dollars ($ 35.00 ) per hour. For the purposes of this Agreement, the Principals are: John L. Haley LaVern C. Nelson William D. Patterson Willard R. Quirk C Neal Carpenter Employees' time computed at a multiple of two and one—half ( 2.5 ) times the employees' Direct Personnel Expense as defined in Article 4. Ail itioAaxsevitancoi tithe QRRtheso otlinotXRRaS$hiRkdixkxonexi noliztantx eritsnic k kffastkkirdakfogbaneximooricenklaxwbixiecoic kxxxxxxxxx3c*FnettivommotkkiatiARAmatithinictormuckwxkrditiacrabacothzesx Services of other professional consultants at a multiple of ( ) times the amount billed to the Architect for such services. The rates and multiples set forth in this Paragraph IIb will be subject to renegotiation if the services covered by this Agreement have not been completed within ( ) months of the date hereof. c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article 6. AIA DOCUMENT 8131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • Alike O 1970•THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. ARCHITECT'S SERVICES CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1 BASIC SERVICES The Architect's Basic Services consist of the five 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate phases described below and include normal strut- when the final Certificate for Payment is issued to the tural, mechanical and electrical engineering services. Owner. • SCHEMATIC DESIGN PHASE 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 1.1.1 The Architect shall consult with the Owner to as- inclusive of the latest edition of AIA Document A201,Gen- certain the requirements of the Project and shall confirm eral Conditions of the Contract for Construction, and the such requirements to the Owner. extent of his duties and responsibilities and the limitations 1.1.2 The Architect shall prepare Schematic Design of his authority as assigned thereunder shall not be modi- Studies consisting of drawings and other documents illus- fied without his written consent. trating the scale and relationship of Project components 1.1.12 The Architect, as the representative of the Owner for approval by the Owner. during the Construction Phase, shall advise and consult 1.1.3 The Architect shall submit to the Owner a State- with the Owner and all of the Owner's instructions to the ment of Probable Construction Cost based on current Contractor shall be issued through the Architect. The area, volume or other unit costs. Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions DESIGN DEVELOPMENT PHASE unless otherwise modified in writing. 1.1.4 The Architect shall prepare from the approved 1.1.13 The Architect shall at all times have access to Schematic Design Studies, for approval by the Owner, the the Work wherever it is in preparation or progress. Design Development Documents consisting of drawings 1114 The Architect shall make periodic visits to the and other documents to fix and describe the size and site to familiarize himself generally with the progress and character of the entire Project as to structural, mechani- quality of the Work and to determine in general if the cal and electrical systems, materials and such other essen- Work is proceeding in accordance with the Contract Doc- tials as may be appropriate. uments. On the basis of his on-site observations as an 1.1.5 The Architect shall submit to the Owner a further architect, he shall endeavor to guard the Owner against Statement of Probable Construction Cost. defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive CONSTRUCTION DOCUMENTS PHASE or continuous on-site inspections to check the quality or 1.1.6 The Architect shall prepare from the approved De- quantity of the Work. The Architect shall not be respon- sign Development Documents, for approval by the Own- slble for construction means, methods, techniques, se- er, Working Drawings and Specifications setting forth in quences or procedures, or for safety precautions and detail the requirements for the construction of the entire programs in connection with the Work, and he shall not Project including the necessary bidding information, and be responsible far the Contractor's failure to carry out the shall assist in the preparation of bidding forms, the Con- Work in accordance with the Contract Documents. ditions of the Contract, and the form of Agreement be- 1.1.15 Based on such observations at the site and on the tween the Owner and the Contractor. Contractor's Applications for Payment, the Architect shall 1.1.7 The Architect shall advise the Owner of any ad- determine the amount owing to the Contractor and shall justments to previous Statements of Probable Construction issue Certificates for Payment in such amounts. The is • - Cost indicated by changes in requirements or general suance of a Certificate for Payment shall constitute a rep- market conditions. resentation by the Architect to the Owner, based on the 1.1.8 The Architect shall assist the Owner in filing the Architect's observations at the site as provided in Sub- required documents for the approval of governmental Paragraph 1.1.14 and on the data comprising the App authorities having jurisdiction over the Project. cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowl- edge, information and belief, the quality of the Work is BIDDING OR NEGOTIATION PHASE in accordance with the Contract Documents (subject to 1.1.9 The Architect, following the Owner's approval of an evaluation of the Work for conformance with the Con- the Construction Documents and of the latest Statement tract Documents upon Substantial Completion, to the re- of Probable Construction Cost, shall assist the Owner in sults of any subsequent tests required by the Contract Doc- MA DOCUMENT 6131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIA• ® 1970•THE AMERICAN INSTITUTE OE ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 3 . uments, to minor deviations from the Contract Documents shall endeavor to provide further protection for the correctable prior to completion, and to any specific quali- Owner against defects in the Work, but the furnishing of fications stated in the Certificate for Payment); and that such project representation shall not make the Architect the Contractor is entitled to payment in the amount cer- responsible for construction means, methods, techniques, tified. By issuing a Certificate for Payment, the Architect sequences or procedures,or for safety precautions and pro- shall not be deemed to represent that he has made any grams, or for the Contractor's failure to perform the Work examination to ascertain how and for what purpose the in accordance with the Contract Documents. Contractor has used the moneys paid on account of the Contract Sum. 1.3 ADDITIONAL SERVICES 1.1.16 The Architect shall be, in the first instance, the If any of the following Additional Services are interpreter of the requirements of the Contract Docu- authorized by the Owner, they shall be paid for by ments and the impartial judge of the performance there- the Owner as hereinbefore provided. under by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con- 1.3.1 Providing special analyses of the Owner's needs, tractor relating to the execution and progress of the Work and programming the requirements of the Project. and on all other matters or questions related thereto. 1.3.2 Providing financial feasibility or other special The Architect's decisions in matters relating to artistic studies. effect shall be final if consistent with the intent of the 1.3.3 Providing planning surveys, site evaluations, or Contract Documents. comparative studies of prospective sites. 1.1.17 The Architect shall have authority to reject Work 1.3.4 Providing design services relative to future facili- which does not conform to the Contract Documents. ties, systems and equipment which are not intended to be Whenever,in his reasonable opinion, he considers it neces- constructed as part of the Project. sary or advisable to insure the proper implementation of 1.3.5 Providing services to investigate existing condi- the intent of the Contract Documents, he will have author- tions or facilities or to make measured drawings thereof, ity to require special inspection or testing of any Work in or to verify the accuracy of drawings or other informa- accordance with the provisions of the Contract Docu- tion furnished by the Owner. ments whether or not such Work be then fabricated, in- 1.3.6 Preparing documents for alternate bids or out-of- stalled or completed. sequence services requested by the Owner. 1.1.18 The Architect shall review and approve shop 1.3.7 Providing Detailed Estimates of Construction Cost drawings, samples, and other submissions of the Contrac- or detailed quantity surveys or inventories of material, for only for conformance with the design concept of the equipment and labor. Project and for compliance with the information given 1 3.8 Providing interior design and other services re- in the Contract Documents. quired for or in connection with the selection of furniture 1.1.19 The Architect shall prepare Change Orders. and furnishings. 1.1.20 The Architect shall conduct inspections to de- 1.3.9 Providing services for planning tenant or rental termine the Dates of Substantial Completion and final spaces. completion, shall receive and review written guarantees and related documents assembled by the Contractor, and 1.3.10 Making major revisions in Drawings, Specifica- shall issue a final Certificate for Payment. tions or other documents when such revisions are incon- sistent with written approvals or instructions previously 1.1.21 The Architect shall not be responsible for the given and are due to causes beyond the control of the acts or omissions of the Contractor,or any Subcontractors, Architect. or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the 1.3.11 Preparing supporting data and other services in Work. connection with Change Orders if the change in the Basic Compensation resulting from the adjusted Contract Sum is not commensurate with the services required of the 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES Architect. 1.2.1 If more extensive representation at the site than 1.3.12 Making investigations involving detailed ap- is described under Subparagraphs 1.1.10 through 1.1.21 praisals and valuations of existing facilities, and surveys inclusive is required,and if the Owner and Architect agree, or inventories required in connection with construction the Architect shall provide one or more Full-Time Project performed by the Owner. Representatives to assist the Architect. 1.3.13 Providing consultation concerning replacement 1.2.2 Such Full-Time Project Representatives shall be of any Work damaged by fire or other cause during con- selected, employed and directed by the Architect, and the struction, and furnishing professional services of the type Architect shall be compensated therefor as mutually set forth in Paragraph 1.1 as may be required in connection agreed between the Owner and the Architect as set forth with the replacement of such Work. in an exhibit appended to this Agreement. 1.3.14 Providing professional services made necessary 1.2.3 The duties, responsibilities and limitations of au- by the default of the Contractor or by major defects in thority of such Full-Time Project Representatives shall be the Work of the Contractor in the performance of the set forth in an exhibit appended to this Agreement. Construction Contract. 1.2.4 Through the on-site observations by Full-Time Proj- 1.3.15 Preparing a set of reproducible record prints of ect Representatives of the Work in progress, the Architect drawings showing significant changes in the Work made MA DOCUMENT 8131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIM, 4 O 1970•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 . /1 � � during the construction process, based on marked-up ascertain how or for what purposes the Contractor has prints,drawings and other data furnished by the Contractor used the moneys paid to him under the Construction to the Architect. Contract. 1.3.16 Providing extensive assistance in the utilization 2.7 The services, information, surveys and reports re- of any equipment or system such as initial start-up or test- quired ' " ' " ' J " ' shall be ing, adjusting and balancing, preparation of operating and furnished at the Owner's expense, and the Architect shall maintenance manuals,training personnel for operation and be entitled to rely upon the accuracy and completeness maintenance,and consultation during operation. thereof. 1.3.17 Providing Contract Administration and observa- 2.8 If the Owner observes or otherwise becomes aware tion of construction after the Construction Contract Time of any fault or defect in the Project or non-conformance has been exceeded or extended by more than 30 days with the Contract Documents, he shall give prompt writ- through no fault of the Architect. ten notice thereof to the Architect. 1.3.18 Providing services after issuance to the Owner of 2.9 The Owner shall furnish information required of him the final Certificate for Payment. as expeditiously as necessary for the orderly progress of 1.3.19 Preparing to serve or serving as an expert witness the Work. in connection with any public hearing,arbitration proceed- ing or legal proceeding. 1.3.20 Providing services of professional consultants for ARTICLE 3 other than the normal structural, mechanical and electri- cal engineering services for the Project. CONSTRUCTION COST 1.3.21 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in 3.1 The Construction Cost to be used as the basis for accordance with generally accepted architectural practice. determining the Architect's Basic Compensation shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be ARTICLE 2 determined as follows, with precedence in the order listed: THE OWNER'S RESPONSIBILITIES 3.1.1 For completed construction, the total cost of all such Work; 2.1 The Owner shall provide full information regarding 3.1.2 For Work not constructed, (1) the lowest bona fide his requirements for the Project. bid received from a qualified bidder for any or all of such 2.2 The Owner shall designate, when necessary, a re Work, or (2) if the Work is not bid, the bona fide nego- p tiated proposal submitted for any or all of such Work; or resentative authorized to act in his behalf with respect to the Project. The Owner or his representative shall exam- 3.1.3 For Work for which no such bid or proposal is ine documents submitted by the Architect and shall received, (1) the latest Detailed Estimate of Construction render decisions pertaining thereto promptly, to avoid Cost if one is available, or (2) the latest Statement of unreasonable delay in the progress of the Architect's work. Probable Construction Cost. r• he Owner shall furnish a certified land survey of - 3.2 Construction Cost does not include the compensa- -ite give applicable, grades and lines of str-- , a leys tion of the Architect and consultants, the cost of the land, •avements an. .•'oining property; ri• . -way, restric rights-of-way, or other costs which are the responsibility ions,easements,enc ments - ng,deed restrictions of the Owner as provided in Paragraphs 2.3 through 2.6 .oundaries and contours .> ite; locations, dimension inclusive. :nd complete dat, - aining to ng buildings, othe 3.3 Labor furnished by the Owner for the Project shall mproveme. _ d trees; and full infor . '•1 concernim be included in the Construction Cost at current market avail.• service and utility lines both public a ivate rates including a reasonable allowance for overhead and nv and h Inw rad inrLldin inv rrc and drnths profit. Materials and equipment furnished by the Owner .The Owner shall furnish the services of a soils o ' shall be included at current market prices, except that neer or consultant when such services eemec used materials and equipment shall be included as if pur- necessary by the itect, including s, test borings chased new for the Project. test pits, soil bearing v colation tests, air one 3.4 Statements of Probable Construction Cost and De- water pollution tests, erfd-cor and resistivity test tailed Cost Estimates prepared by the Architect represent and other nec y operations for de ing subsoil his best judgment as a design professional familiar with air an er conditions, with appropriate pr . ' na the construction industry. It is recognized, however, that . nretations thereof. neither the Architect nor the Owner has any control over 2.5 The Owner shall furnish structural, mechanical, the cost of labor, materials or equipment, over the con- chemical and other laboratory tests,inspections and reports tractors' methods of determining bid prices, or over com- as required by law or the Contract Documents. petitive bidding or market conditions. Accordingly, the 2.6 The Owner shall furnish such legal, accounting, and Architect cannot and does not guarantee that bids will not insurance counselling services as may be necessary for the vary from any Statement of Probable Construction Cost Project, and such auditing services as he may require to or other cost estimate prepared by him. MA DOCUMENT 6131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • MA. C 1970•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 5 re\ 3.5 When a fixed limit of Construction Cost is estab- 5.1.2 Expense of reproductions, postage and handling lished as a condition of this Agreement, it shall include a of Drawings and Specifications excluding duplicate sets bidding contingency of ten percent unless another amount at the completion of each Phase for the Owner's review is agreed upon in writing. When such a fixed limit is estab- and approval. lished, the Architect shall be permitted to determine what 5.1.3 If authorized in advance by the Owner, expense materials, equipment, component systems and types of of overtime work requiring higher than regular rates and construction are to be included in the Contract Docu- expense of renderings or models for the Owner's use. ments, and to make reasonable adjustments in the scope 5.1.4 Expense of computer time when used in connec- of the Project to bring it within the fixed limit. The Archi- tion with Additional Services. tect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. • 3.5.1 If the lowest bona fide bid or negotiated pro- ARTICLE 6 posal, the Detailed Cost Estimate or the Statement of Probable Construction Cost exceeds such fixed limit of Construction Cost (including the bidding contingency) PAYMENTS TO THE ARCHITECT established as a condition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed 6.1 Payments on account of the Architect's Basic Serv- limit, (2) authorize rebidding the Project within a reason- ices shall be made as follows: able time, or (3) cooperate in revising the Project scope 6.1.1 An initial payment as set forth in Paragraph IIa and quality as required to reduce the Probable Construc- (Page 2) is the minimum payment under this Agreement. tion Cost. In the case of (3) the Architect, without addi- 6.1.2 Subsequent payments for Basic Services shall be tional charge,shall modify the Drawings and Specifications made monthly in proportion to services performed so as necessary to bring the Construction Cost within the that the compensation at the completion of each Phase fixed limit. The providing of such service shall be the shall equal the following percentages of the total Basic limit of the Architect's responsibility in this regard, and Compensation: having done so, the Architect shall be entitled to compen- sation in accordance with this Agreement. Schematic Design Phase 15% Design Development Phase 35% Construction Documents Phase 75% Bidding or Negotiation Phase 80% ARTICLE 4 Construction Phase 100% 6.2 Payments for Additional Services of the Architect as DIRECT PERSONNEL EXPENSE defined in Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon 4.1 Direct Personnel Ex of employees engaged presentation of the Architect's statement of services ren- pense p y eeson dered. the Project by the Architect includes architects, engineers, 6.3 No deductions shall be made from the Architect's designers, job captains, draftsmen, specification writers compensation on account of penalty, liquidated dam- and typists, in consultation, research and design, in pro- a es, or other sums withheld from during Drawings, Specifications and other documents per- g payments [o con- taining to the Project, and in services during construction tractors. at the site. 6.4 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect 4.2 Direct Personnel Expense includes cost of salaries shall be paid his compensation for services performed and of mandatory and customary benefits such as statu- prior to receipt of written notice from the Owner of such tory employee benefits, insurance, sick leave, holidays suspension or abandonment, together with Reimbursable and vacations, pensions and similar benefits. Expenses then due and all terminal expenses resulting from such suspension or abandonment. If the Project is resumed after being suspended for more than three ARTICLE 5 months, the Architect's compensation shall be subject to renegotiation. REIMBURSABLE EXPENSES 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, ARTICLE 7 or his professional consultants in the interest of the Proj- ect for the expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation and living when travel- ARCHITECT'S ACCOUNTING RECORDS ing in connection with the Project; long distance calls Records of the Architect's Direct Personnel, Consultant and telegrams; and fees paid for securing approval of and Reimbursable Expenses pertaining to the Project, and authorities having jurisdiction over the Project. records of accounts between the Owner and the Con- AIA DOCUMENT B131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIA® 6 © 1970• Tt1E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 tractor,shall be kept on a generally recognized accounting ARTICLE 11 • basis and shall be available to the Owner or his author- ized representative at mutually convenient times. ARBITRATION 11.1 All claims, disputes and other matters in question ARTICLE 8 arising out of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accord- ance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining un- less the parties mutually agree otherwise. This agreement This Agreement may be terminated by either party upon to arbitrate shall be specifically enforceable under the seven days' written notice should the other party fail prevailing arbitration law. substantially to perform in accordance with its terms 11.2 Notice of the demand for arbitration shall be filed through no fault of the other. In the event of termination in writing with the other party to this Agreement and due to the fault of others than the Architect, the Archi- with the American Arbitration Association. The demand tect shall be paid his compensation for services per- shall be made within a reasonable time after the claim, • formed to termination date, including Reimbursable Ex- dispute or other matter in question has arisen. In no penses then due and all terminal expenses. event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question ARTICLE 9 would be barred by the applicable statute of limitations. 11.3 The award rendered by the arbitrators shall be final, OWNERSHIP OF DOCUMENTS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether ARTICLE 12 the Project for which they are made is executed or not. They are not to be used by the Owner on other projects EXTENT OF AGREEMENT or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or ARTICLE 10 agreements, either written or oral. This Agreement may be amended only by written instrument signed by both SUCCESSORS AND ASSIGNS Owner and Architect. The Owner and the Architect each binds himself, his ARTICLE 13 • partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, GOVERNING LAW successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet Unless otherwise specified, this Agreement shall be gov- or transfer his interest in this Agreement without the erned by the law of the principal place of business of the written consent of the other. Architect. ARTICLE 14 It is understood and agreed that at such time as the County Services Complex described in the preliminary study document entitled "Report and Analysis of Weld County Governmental Services" dated January, 1972, is authorized to proceed in design with the Architect, the fee described on Page 2 of this Agreement will be reduced from 8%, as shown, to 61/2%. Said fee will adequately reflect the effect of larger construction cost on fee reduction. • AIA DOCUMENT 6131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIM' © 1970•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 7 .� This Agreement executed the day and year first written above. OWNER BOARD OF COUNTY COMMISSIONERS ARCHITECT CNC/NHPQ INC. , WELD COUNTY, COLORADO ARCHITECTS ENGINEERS PLANNERS }� "(air /// Q �`� re /11 � )C.1Neal Carpe r 1 Architect's Registration No. B387 Zatags.24Lidt Willard R. Quirk Registration No. 2682 A1A DOCUMENT 6131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) • APRIL 1970 EDITION • AIM, 1970• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 8 CNC/NHPQ, INC. ARCHITECTS • ENGINEERS • PLANNERS The Honorable Board of County Commissioners Weld County Courthouse Ninth Street and Ninth Avenue Greeley, Colorado 80631 Gentlemen: Enclosed is a proposed agreement between you and our firm for the services described in the agreement. You will note that all services are included within the stated fee except those described in Paragraph 1.3, Article 2, and Article 5. Should you elect to require any of the additional services listed in Paragraph 1.3, they will be provided as described on Page 2 of the agreement. Our experience indicates that the cost of reproduction of drawings for bidders will probably run $1,500 for each building. However, that cost can vary considerably depending upon your selection of any given bidding option. Generally, most building owners elect to have our firm provide additional services which include most of those in Paragraph 1.3. The cost is not one which can be predetermined. In my opinion the agreement can be adopted by resolution without further modification and will serve the best interest of the county. The standard form of agreement used is the result of extensive re.. search at the national level in behalf of owners and architects to reduce exposure to liability and to clarify all aspects of profes— sional services for both owner and architect. If we can answer questions about the proposed agreement, please let us know. Sincerely yours, (�C/N�•C/NHPQ ARCHITECTS ENGINEERS PLANNERS C Neal C rpenter, Ar atect Vice President Willard R. Quirk, P.E. Vice President Enclosure: Agreement CNC/djv 20 March 1973 TWENTY TWENTY-ONE CLUBHOUSE DRIVE, GREELEY, COLORADO 80631 (303) 353-3434 356-4444 Hello