HomeMy WebLinkAbout129-96 RESOLUTIONRESOLUTION NO. 129-96
A RESOLUTION AWARDING AN ARCHITECTURAL
CONTRACT IN THE AMOUNT OF $23,800, PLUS $1,750 FOR
REIMBURSABLE EXPENSES, TO WITTENBERG, DELONY &
DAVIDSON FOR THE RENOVATION OF THE COURTHOUSE
ANNEX BUILDING LOCATED AT 10 SOUTH COLLEGE;
AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby awards an architectural contract in the amount
of $23,800, plus $1,750 for reimbursable expenses, to Wittenberg, Delony & Davidson for the
renovation of the courthouse annex building located at 10 South College. A copy of the contract
is attached hereto marked Exhibit A and made a part hereof.
Section 2. The City Council also approves a budget adjustment in the amount of
$25,550 increasing NWA Free Health Center, Acct. No. 2180 4990 5390 14 by decreasing Grant
Funding, Acct. No. 2180 0918 4320 00. A copy of the budget adjustment is attached hereto
marked Exhibit B and made a part hereof.
1 ! S�66 AND APPROVED this17th day of December , 1996.
• f
'tet APPROVED:
f / �.
a. 4
Traci Paul, City Clerk
By:
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1996
Department: Administrative Services
Division: Community Development
Program: Capital
Date Requested
11/22/96
EXHIBIT 13
Adjustment #
Project or item Requested:
Additional funding is requested for the Northwest Arkansas Free Health
Center Project.
Project or Item Deleted:
None. Additional funding from CBBG.
Justification of this Increase:
The estimated project cost for the NW Arkansas Free Health Center is
$305,550 with the City providing $275,550 and Washington County
providing S30,000. The City funding will be reflected in the CD budget
for the project and the County cost will be recorded in an escrow account.
Justification of this Decrease:
No decrease is propsed. Additional grants revenue has been awarded for this
project and the County is providing additional funds as well.
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Increase
Account Name Amount Account Number Project Number
NWA Free Health Center
25,560 2180 4990 5390 14
Decrease
Account Name Amount 'Account Number - Project Number
25,5% 2180 0918 4320 00
Grant Funding
Approval Signatures
Reques ed By
s•
B••aet s.L•inator
Department Director
diq
Adm crvices r
v
gay r ��IG
1C: P\96BUD\BADJFORM.WKI
Type: A
Budget Office Use Only
Date of Approval
Posted to General Ledger
Entered in Category Log
F
Budget Office Copy
•
EXHIBIT A
Standard Form of Agreement Between Owner and Architect
AIA Document B141 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American Institute of Architects, 1735 New York Avmuc,
N.W., Washington, D.C., 20006-5292. 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.
AGREEMENT
made as of the FIFTEENTH day of NOVEMBER in the year of Nineteen Hundred and NINETY`SIX
BETWEEN the Owner:
Name and address)
qtTr OFFAYETTEVILLE, AF2KANSAS
113 WEST IMOUNTAIN STREET
FAYETTEVILLE, ARKANSAS' ;:72701
and the Architect:
(Name and address)
V ITTENBERG;.DELONY ...DAVIDSON;.JNC:
1:00 WESTCENTER;::SUITE:: 100
F.AYETTEVILLE,ARKANSAS;:.:::.72704i
For the following Project:
(Include detailed description ofProjecl, location, address and scope.)
RENOVATIONS TOTHE FAYETTEVILLE FREE.HEALTH:CLINIC
FAME 1 1 EVILLE, ARKANSAS
The Owner and Architect agree as set forth below.
AIA DOCUMENT 13141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCInTECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecwim. This document was eledrmicdly produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format BI41-1987
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page #1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECTS SERVICES
1.1.1 The Architect's services consist of those services
performed by the Architect, Architect's employees and
Architect's consultants as enumerated in Articles 2 and 3 of
this Agreement and any other services included in Article
12.
1.1.2 The Architects services shall be performed as
expeditiously as is consistent with professional skill and care
and the orderly progress of the Work. Upon request of the
Owner, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architects services
which may be adjusted as the Project proceeds, and shall
include allowances for periods of time required for the
Owner's review and for approval of submissions by
authorities having jurisdiction over the Project. Time limits
established by this schedule approved by the Owner shall not,
except for reasonable cause, be exceeded by the Architect or
Owner.
1.1.3 The services covered by this Agreement are subject
to the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architects Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other
services identified in Article 12 as part of Basic Services, and
include normal structural, mechanical and electrical
engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by
the Owner to ascertain the requirements of the Project and
shall arrive at a mutual understanding of such requirements
with the Owner.
2.2.2 The Architect shall provide a preliminary
evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the other,
subject to the limitations set forth in Subparagraph 5.2.1.
2.2.3 The • Architect shall review with the Owner
alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program,
schedule and construction budget requirements, the Architect
shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents
illustrating the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construction Cost based on current
area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design
Documents and any adjustments authorized by the Owner in
the program, schedule or construction budget, the Architect
shall prepare, for approval by the Owner, Design
Development Documents consisting of drawings and other
documents to fix and describe the size and character of the
Project as to architectural, structural, mechanical and
electrical systems, materials and such other elements as may
be appropriate.
2.3.2 The Architect shall advise the Oitner of any
adjustments to the preliminary estimate of Construction
Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development
Documents and any further adjustments in the scope or
quality of the Project or in the construction budget authorized
by the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Drawings
and Specifications setting forth in detail the requirements for
the construction of the Project.
2.4.2 The Architect shall assist the Owner in the
preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract, and the form of
Agreement between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any
adjustments to previous preliminary estimates of
Construction Cost indicated by changes in requirements or
general market conditions.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - TBE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Ualicrosed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA mid am be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page #2
2.4.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents required
for the approval of governmental authorities having
jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest preliminary
estimate of Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals and assist in awarding
and preparing contracts for construction. •
2.6 CONSTRUCTION PHASE -ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction
and terminates at the earlier of the issuance to the Owner of
the final Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the.
Contract for Construction as set forth below and in the
edition of AIA Document A201, General Conditions of the
Contract for Construction, current as of the date of this
Agreement, unless otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority
of the 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.
2.6.4 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 Service at the Owner's direction from time to
time during the correction period described in the Contract
for Construction. The Architect shall have authority to act
on behalf of the Owner only to the extent provided in this
Agreement unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as otherwise
agreed by the Owner and Architect in writing to become
generally familiar with the progress and quality of the Work
completed and to determine in general if the Work is being
performed in a manner indicating that the Work when
completed will be in accordance with the Contract
Documents. However, the Architect shall not be required to
make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. On the basis of on-site
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N W WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
proseaaim. This doaiment was eledrmically produced with thepetmissim of the AIA and can be reproduced without violation until the date of cgairatim as noted below.
Electronic Format B141-1987
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page #3
observations as an architect, the Architect shall keep the
Owner informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the' Work QNore extensive site representation may be
agreed to as an Additional Service, as described in Paragraph 3.2..
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility under
the Contract for Construction. The Architect shall not be
responsible for the Contractor's schedules or failure to carry
out the Work in accordance with the Contract Documents.
The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of
the Work.
2.6.7 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the
Contract Documents or when direct communications have
been specially authorized, the Owner and Contractor shall
communicate through the Architect. Communications by
and with the Architect's consultants shall be through the
Architect.
2.6.9 Based on the Architect's observations and
evaluations of the Contractor's Applications for Payment, the
Architect shall review and certify the amounts due the
Contractor.
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that the Work has
progressed to the point indicated and that, to the best of the
Architect's knowledge, information and belief, quality of the
Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract
Documents correctable prior to completion and to specific
qualifications expressed by the Architect. The issuance of a
Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in
the amount certified. However, the issuance of a Certificate
for Payment shall not be a representation that the Architect
has (1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work, (2) reviewed
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construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right
to payment or (4) ascertained how or for what purpose the
Contractor has used money previously paid on account of the
Contract Sum.
2.6.11 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable
for implementation of the intent of the Contract Documents,
the Architect will have authority to require additional
inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such
Work is fabricated, installed or completed. However, neither
this authority of the Architect nor a decision made in good
faith either to exercise or not to exercise such authority shall
give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons
performing portions of the Work.
2.6.12 The Architect shall review and approve or take
other appropriate action upon Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with
information given and the design concept expressed in the
Contract Documents. The Architects action shall be taken
with such reasonable promptness as to cause no delay in the
Work or in the construction of the Owner or of separate
contractors, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of
such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details
such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or
systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the
Contract Documents. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of construction means,
methods, techniques, sequences or procedures. The
Architects 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 equipment is required
by the Contract Documents, the Architect 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.
2.6.13 The Architect shall prepare Change Orders and
Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect
as provided in Subparagraphs 3.1.1 and 3.3.3, for the
Owner's approval and execution in accordance with the
Contract Documents, and may authorize minor changes in
the Work not involving an adjustment in the Contract Sum
or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to
determine the date or dates of Substantial Completion and
the date of final completion, shall receive and forward to the
Owner for the Owner's review and records written warranties
and related documents required by the Contract Documents
and assembled by the Contractor, and shall issue a final
Certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Architect shall interpret and decide matters
concerning performance of the Owner and Contractor under
the requirements of the Contract Documents on written
request of either the Owner or Contractor. The Architects
response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable from
the Contract Documents and shall be in writing or in the
form of drawings. When making such interpretations and
initial decisions, the Architect shall endeavor to secure
faithful performance by both Owner and Contractor, shall
not show partiality to either, and shall not be liable for
results of interpretations or decisions so rendered in good
faith.
2.6.17 The Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent
expressed in the Contract Documents.
2.6.18 The Architect shall render written decisions within
a reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor relating to the
execution or progress of the Work as provided in the
Contract Documents.
2.6.19 The Architect's decisions on claims, disputes or
other matters, including those in question between the
Owner and Contractor, except for those relating to aesthetic
effect as provided in Subparagraph 2.6.17, shall be subject to
arbitration as provided in this Agreement and in the Contract
Documents.
ARTICLE 3
ADDITIONAL SERVICES
AJA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 • 1 1-17: AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subjea to legal
prosecution. This document was cleurmically produced with the permission of the AJA and can be reproduced without violation until the date of cwiratim as noted below.
Electronic Format B141-1987
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page #4
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3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 12,
and they shall be paid for by the Owner as provided in this
Agreement, in addition to the compensation for Basic
Services. The services described under Paragraphs 3.2 and
3.4 shall only be provided if authorized or confirmed in
writing by the Owner. If services described under
Contingent Additional Services in Paragraph 3.3 are
required due to circumstances beyond the Architect's control,
the Architect shall notify the Owner prior to commencing
such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the
Owner indicates in writing that all or part of such
Contingent Additional Services are not required, the
Architect shall have no obligation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND
BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2 6.5 is required, the Architect
shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect.
The duties, responsibilities and limitations of authority of
Project Representatives shall be as described in the edition of
AIA Document B352 current as of the date of this
Agreement, unless otherwise agreed.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to provide
further protection for the Owner against defects and
deficiencies in the Work, but the furnishing of such project
representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in this
Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or
other documents when such revisions are.
.1 inconsistent with approvals or instructions
previously given by the Owner, including revisions
made necessary by adjustments in the Owner's
program or Project budget;
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of the Owner's
failure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size,
quality, complexity, the Owner's schedule, or the method of
bidding or negotiating and contracting for construction,
except for services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
documentation and supporting data, evaluating Contractor's
proposals, and providing other services in connection with
Change Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specifications and other
documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement. of
Work damaged by fire or other cause during construction,
and furnishing services required in connection with the
replacement of such Work.
3.3.6 Providing services made necessary by the default of
the Contractor, by major defects .or deficiencies in the Work
of the Contractor, or by failure of performance of either the
Owner or Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive
number of claims submitted by the Contractor or others in
connection with the Work.
3.3.8 Providing services in connection with a public
hearing, arbitration proceeding or legal proceeding except
where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection with
bidding, negotiation or construction prior to the completion
of the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and
programming the requirements of the Project.
3.4.2 Providing financial feasibility or other special
studies.
3.4.3 Providing planning surveys, site evaluations or
comparative studies of prospective sites.
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSFITUI-E OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicmsed photocopying violates U.S. copyright laws and is subject to legal
prosewtim. This document was elearmically produced with the permission of the ALA and can be reproduced without violation tmtil the date of expiration as noted below.
Electronic Format B141-1987
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page #5
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3.4.4 Providing special surveys, environmental studies
and submissions required for approvals of governmental
authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities,
systems and equipment.
3.4.6 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof
3.4.7 Providing services to verify the accuracy of
drawings or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and
coordination of services required in connection with
construction performed and equipment supplied by the
Owner.
3.4.9 Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services for planning tenant or rental
spaces.
3.4.15 Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing
facilities.
3.4.16 Preparing a .set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked -up prints, drawings and other
data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment
or systems such as testing, adjusting and balancing,
preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation
during operation.
3.4.18 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence of a final
Certificate for Payment, more than 60 days after the date of
Substantial Completion of the Work.
3.4.19 Providing services of consultants for other than
architectural, structural, mechanical and electrical
engineering portions of the Project provided as a part of
Basic Services.
3.4.20 Providing any other services not otherwise included
in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a program which
shall set forth the Owner's objectives, schedule, constraints
and criteria, including space requirements and relationships,
flexibility, expandability, special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an overall -
budget for the Project, including the Construction Cost, the
Owner's other costs and reasonable contingencies related to
all of these costs.
4.3 If requested by the Architect, the Owner shall
furnish evidence that financial arrangements have been made
to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect to the
Project.' The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architects
services.
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site.
The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and
adjoining property and structures; adjacent drainage;
rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to
existing buildings, other improvements and trees; and
information concerning available utility services and lines,
both public and private, above and below grade, including
inverts and depths. All the information on the survey shall
be referenced to a project benchmark.
AIA DOCUMENT 3141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N W WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
proseanioo. This document was electroniedlyproduced with the permimm of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format BI41-1987
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page #6
•
4.6 The Owner shall furnish the services of
geotechnical engineers when such services are requested by
the Architect. Such services may include but are not limited
to test borings, test pits, determinations of soil bearing
values, percolation tests, evaluations of hazardous materials,
ground corrosion and resistivity tests, including necessary
operations for anticipating subsoil conditions, with reports
and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services are reasonably required by
the scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for hazardous
materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract
Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any
time for the Project, including auditing services the Owner
may require to verify the Contractor's Applications for
Payment or to ascertain how or for what purposes the
Contractor has used the money paid by or on behalf- of the
Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be furnished at
the Owner's expense, and the Architect shall be entitled to
rely upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner
to the Architect if the Owner becomes aware of any fault or
defect in the Project or nonconformance with the Contract
Documents.
4.11 The proposed language of certificates or
certifications requested of the Architect or Architects
consultants shall be submitted to the Architect for review and
approval at least 14 days prior to execution. The Owner
shall not request certifications that would require knowledge
or services beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
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5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable
allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be
included for market conditions at the time of bidding and for
changes in the Work during construction.
5.1.3 Construction Cost does not include the
compensation of the Architect and Architects consultants,
the costs of the land, rights-of-way, financing or other costs
which are the responsibility of the Owner as provided in
Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a design
professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the
Owner 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. Accordingly, the Architect cannot and does not
warrant or represent that bids or negotiated prices will not
vary from the Owner's Project budget or from any estimate of
Construction Cost or evaluation prepared or agreed to by the
Architect.
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the
furnishing, proposal or establishment of a Project budget,
unless such fixed limit has been agreed upon in writing and
signed by the parties hereto. If such a fixed limit has been
established, the Architect shall be permitted to include
contingencies for design, bidding and price escalation, to
determine what materials, equipment, component systems
and types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of
the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed
limit. Fixed limits, if any, shall be increased in the amount
of an increase in the Contract Sum occurring after execution
of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after the Architect submits the
Construction Documents to the Owner, any Project budget or
fixed limit of Construction Cost shall be adjusted to reflect
changes in the general level of prices in the construction
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N W WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
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•
industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals
are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the lowest
bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality
as required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause
5.2.4.4, the Architect, without -additional charge, shall
modify the Contract Documents as necessary to comply with
the fixed limit, if established as a condition of this
Agreement. The modification of Contract Documents shall
be the limit of the Architects responsibility arising out of the
establishment of a fixed limit. The Architect shall be entitled
to compensation in accordance with this Agreement for all
services performed whether or not the Construction Phase is
commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents
prepared by the Architect for this Project are instruments of
the Architect's service for use solely with respect to this
Project and, unless otherwise provided, the Architect shall be
deemed the author of these documents and shall retain all
common law, statutory and other reserved rights, including
the copyright. The Owner shall be permitted to retain
copies, including reproducible copies, of the Architect's
Drawings, Specifications and other documents for
information and reference in connection with the Owner's
use and occupancy of the Project. The Architects Drawings,
Specifications or other documents shall not be used by the
Owner or others on other projects, for additions to this
Project or for completion of this Project by others, unless the
Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate
compensation to the Architect.
6.2 Submission or distribution of documents to meet
official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
insert A: ARTICLE 7 ARBITRATION IS DELETED
AND REPLACED WITH PARAGRAPH 12:1
ARTICLE 7
ARBITRATION
7.1 C -disputes -ef ether smatters -in -question-
between the -parties -te this -Agreement -arising -cut -ef or-
relating-ethis nt-erbreaehthereefshalt-besubject-
to and -decided -by -arbitration -in -accordance -with the -
Construction Industry Arbitration -Rales -ef -the �tnerican-
Arbitration-Association currently-inetleet-ttnlessthe-parties-
7.2
the ether -party to this -Agreement -and-wilt the -American-
Arbitration asseeiatiem -A-demand for arbitration shall -be -
made n -a -reasonable time -after the claim, -dispute er-
ether-matter-in -question bas -arisen: -In -no -event -shall 4he-
demend -for -arbitration -be -made -after -the -date -when-
institution-ef legal-ef eguitablc proceeding based on such
7.3 Ne -arbitration arising out of -Of -relating 4e this -
Agreement -shall -include; -by- o onselidatien, joinder-ee4 many
ether -manner, an additional peron-ef _entity not-a_party to -
this Agreement, -except -by -written -consent -containing -a-
specific ace 4e -this Agreement signed by 4he Owner
Consent -10 arbitration -involving -an additional -person -er-
dispute -Of -other -matter -in -question -not-described -in the -
written -consent or wi£h' a -person er -entity -not -named of
desecibedtherein- - Ite-€eregeingagreement4earbitrateand
other agreements to arbitrate with -an additional -person or -
entity -duly -consented 4e -by 4he-parties -te this Agreement
chap -be -speeifiea Iy enforceable -in accordance -with-
7.4 The award4endered-bytlte-arbitrator -or -arbitrators-
shall -be -final -and judgment -may -be -entered -upon 44 4n-
accordance
o-accordance with applicable -law -in -any -court -having
.i diction thereof
ARTICLE 8
TERMINATION, SUSPENSION OR
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
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Electronic Format B141-1987
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•
ABANDONMENT
8.1 This Agreement may be terminated by either party
upon not less than seven days' written notice should the other
party fail substantially to perform in accordance with the
terms of this Agreement through no fault of the party
initiating the termination.
8.2 If the Project is suspended by the Owner for more
than 30 consecutive days, the Architect shall be compensated
for services performed prior to notice of such suspension.
When the Project is resumed, the Architect's compensation
shall be equitably adjusted to provide for expenses incurred
in the interruption and resumption of the Architect's
services.
8.3 This Agreement may be terminated by the Owner
upon not less than seven days' written notice to the Architect
in the event that the Project is permanently abandoned. If
the Project is abandoned by the Owner for more than 90
consecutive days, the Architect may terminate this
Agreement by giving written notice.
8.4 Failure of the Owner to make payments to the
Architect in accordance with this Agreement shall be
considered substantial nonperformance and cause for
termination.
8.5 If the Owner fails to make payment when due the
Architect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend
performance of services under this Agreement. Unless
payment in full is received by the Architect within seven
days of the date of the notice, the suspension shall take effect
without further notice. In the event 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 to termination, together with Reimbursable
Expenses then due and all Termination Expenses as defined
in Paragraph 8.7.
8.7 Termination Expenses are in addition to
compensation for Basic and Additional Services, and include
expenses which are directly attributable to termination.
Termination Expenses shall be computed as a percentage of
the total compensation for Basic Services and Additional
Services earned to the time of termination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if
termination occurs before or during the predesign,
•
site analysis, or Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
Architect.
9.2 Terms in this Agreement shall have the same
meaning as those in AIA Document A201, General
Conditions of the Contract for Construction, current as of the
date of this Agreement,
9.3 Causes of action between the parties to this
Agreement pertaining to acts or failures to act shall be
deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either the
date of Substantial Completion for acts or failures to act
occurring prior to Substantial Completion, or the date of
issuance of the final Certificate for Payment for acts or
failures to act occurring after Substantial Completion.
9.4 The Owner and Architect waive all rights against
each other and against the contractors, consultants, agents
and employees of the other for damages, but only to the
extent covered by property insurance during construction,
except such rights as they may have to the proceeds of such
insurance as set forth in the edition of AIA Document A201,
General Conditions of the Contract for Construction, current
as of the date of this Agreement. The Owner and Architect
each shall require similar waivers from their contractors,
consultants and agents.
9.5 The Owner and Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of
such other party with respect to alt covenants of this
Agreement. Neither Owner nor Architect shall assign this
Agreement without the written consent of the other.
9.6 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior negotiations, representations or agreements, either
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - ALA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
prosecution. This document was electrmicaily produced with the pennissim of the AIA and can be reproduced without violatien tmtil the date of expiratim as noted below.
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written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of
a third party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal
or disposal of or exposure of persons to hazardous materials
in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances.
9.9 The Architect shall have the right to include
representations of the design of the Project, including
photographs of the exterior and interior, among the
Architect's promotional and professional materials. The
Architects materials shall not include the Owner's
confidential or proprietary information if the Owner has
previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or
proprietary. The owner shall provide professional credit for
the Architect on the construction sign and in the promotional
materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions and
similar contributions and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to
compensation for Basic and Additional Services and include
expenses incurred by the Architect and Architect's employees
and consultants in the interest of the Project, as identified in
the following Clauses.
10.2.1.1 Expense of transportation in connection with
the Project; expenses in connection with authorized
out-of-town travel; long-distance communications; and fees
paid for securing approval of authorities having jurisdiction
over the Project.
•
10.2.1.2 Expense of reproductions, postage and handling
of Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense
of overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups
requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally carried by the
Architect and Architect's consultants.
10.2.1.6 Expense of computer-aided design and drafting
equipment time when used in connection with the Project.
Insert ;B Addparagraph 12.3
10.3 PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is
the minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in proportion
to services performed within each phase of service, on the
basis set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established
in Subparagraph 11.5.1 of this Agreement is exceeded or
extended through no fault of the Architect, compensation for
any services rendered during the additional period of time
shall be computed in the manner set forth in Subparagraph
11.3.2.
10.3.4 When compensation is based on a percentage of
Construction Cost and any portions of the Project are deleted
or otherwise not constructed, compensation for • those
portions of the Project shall be payable to the extent services
are performed on those portions, in accordance with the
schedule set 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 received, the most recent preliminary
estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architects Additional
Services and for Reimbursable Expenses shall be made
monthly upon presentation of the Architects statement of
services rendered or expenses incurred.
AIA DOCUMENT B141 - OWNER-ARCffiTECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to legal
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Electronic Format B141-1987
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•
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or
other sums withheld from payments to contractors, or on
account of the cost of changes in the Work other than those
for which the Architect has been found to be liable.
•
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses
pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense shall be
available to , the Owner or the Owner's authorized
representative at mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT -of -Dollars ($ 0.00 ) shall -be -made upon-exeeutian-ef-this Agreement-and-eredited-te-the
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.)
SEE.ARTIGLE 442
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.)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Total Basic Compensation
11.3 COMPENSATION FOR ADDITIONAL SERVICES
FIFTEEN percent ( 15 %)
TWEN'TX percent (
POk?? percent ( 40 %)
FIVE percent ( 05 %)
TWENTY percent ( 20 %)
one hundred percent(100%)
11.3 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be
computed as follows:
EMPLOYEES TIME AT A MULTIPLE OF TWO AND THREE FOURTHS ( 2.75) TIMES THEIR DIRECT PERSONNEL
EXPENSE: AS:DEFtNED IN PARAGRAPH' 101
11.3 2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional
Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but
excluding services of consultants, compensation shall be computed as follows:
(Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identfy Principals and class °,
employees, if required. 'dentify specific services to which particular methods of compensation apply, if necessary.)
EMPLOYEE'S TIMI= AT A MULTIPLE OF TWO AND THREE FOURTHS ( 2:75 ) TIMES THEIR DIRECT PERSONNEL:
EXPENSE AS DEFINED 1.N PARAGRAPH 1OA
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a
multiple of ONE AND ONE FOURTH ( 1:25 ) times the amounts billed to the Architect for such services
(Jdenti specific types of consultants in Article 12, if required.)
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.: Ualicrosed photocopying violates U.S. copyright laws and is subject to legal
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11.4 REIMBURSABLE EXPENSES
•
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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 i (1 ) times the expenses incurred by the Architect, the Architects 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 THIRTY-SIX ( 36 ) 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 11.12.
11.5.2 Payments are due and payable sin ( 30 ) days from the date of the Architect's invoice. ftmneuntsunpaid ( )
days-after-The-invoiee-date-shall-bear-intere3r-at-the-Fate-entered-belew;ef-in-the-absence thereof -at -the Icgal-rate prevailingirom
(Insert rate of interest agreed upon)
NONE
(Usury laws and requirements under the Federal Truth in Lending Act, similar stage and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained
with respect to deletions or modifications, and also regarding requirements such as written 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.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, idents Additional Services included within Basic Compensation and modifications to the payment and compensation teens
included in this Agreement)
12.1 ARTICLE 7; ARBITRATION IS DELETED AND THE FOLLOWING PARAGRAPH IS ADDED:
In an effort•to resolve any>confliets thataise during,Ule::designorconsttvctiortaf the.:project:or followiitg:Ahe;¢ompletlom
of the project,.: the; Client and>the Design:Professionat agree -that alt: disputes: between them ansjng aut of or -relating to,
This Agreement::shalt:be::submittedFto nonbindinginediatton:unless the:partfes mutrralty:agree:othetviise.
The Client and (he Desgn Professional.. further agree to include a similar -mediation -provision in all agreements.vitfi:
independent --contractors and -consultants --for the -project and to require independent contractors also to include similar,
mediation provision;in;alf agreements with subcontractors; subconsultants; suppliers or fabricators so.retained,:thereby
providinalor:mediation as the:primary<tnethod>for:disputetesolutiontetween the Parties ta:those agreements.
•
12 2 COMPENSATION i OR BASIC SERVICES SHALLBE`BASED UPON:
. 1 The fee-for:professional-services is to be $23,804.00 which is based on 8 1/2% of the Owners proposed budget of
$280 000.00. If the Owner, at a later date, revises or otherwise increases the project budget, the Architect veH be
allowed to:renegotiate thefee tasetorr 81129`0 of=the:new conshvction budget or actual costs:
2:The Owner wtli,•:provide alt environmental, hazardous or asbestos_ testing, reporting,.. clean-up and safety: jesting
outside this contract,
12.3 THE ALLOWAtJCE FOR REIMBURSABLE EXPENSES S TO:BE:
1: The costs for reimbursable expenses are estimated at $1,750.00 for items as defined in Article 11.4.1
2. if at the Owners request °additional reimtu rsable<expense-items for the benefit of :the project are requested by the
Owner, the; Omer sMII::raise the; reimbursable allowance to.cover .Mose expenses:
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Ihlieeated photocopying violates U.S. copyright laws and is subject to legal
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Electronic Format B141-1987
•
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page #12
•
•
This Agreement entered into as of the day and year first written above.
OWNER
•
ARCHITECT
CITY OF FAYETIEVILLE, ARKANSAS
? FRED; IANNf,,'MAYOR
(Printed name and tide)
WITIENBERG, DELONY &:DAVIDSON, INC._.....
ItTRRiCHARII:AWERMAN, PRTNGWA s
(Punted name and tale)
AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292.: Unlicensed phatoccpying violates U.S. copyright laws and is subject to legal
prosecution. This docummt was clecfrcnically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
User Document: FHEALTH.DOC — 11/22/1996. AIA License Number 131378, which expires on 7/1/1997 — Page.#13