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Agreement parts 1 thru 3
1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREE MENT made as of the fifteenth can, of January in the Area. 2003 (1, word, md,,n, da,{ mach and yeul THIS DOCUMENT HAS IMPORTANT LEGAL BETWEEN the Architect's client identified as the Owner: CON5EOUENCES CONSULTATION WITHAN pVarne, addreso and older mlorm.,eon/ ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. City of Yelm AUTHENTICA TION OF THIS ELECTRONICALLY 105 Yelm Ave. W. DRAFTED ALA DOCUMENT MAY BE MADE Yell Washington 98597 BY USING ALA DOCUMENT 0401. and the Architect: ,h'nme. zddre:: znd othe~rnlom~aoorrl Architects BCRA Inc. 2106 Pacific Ave Suite 300 Tacoma Washington 98421 For the following Project: (1,hude dotted dr,,c pnon of ProlecU City of Yelm City Hall Remodel The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owners approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances bra periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established be this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the .An.hltect with respect to the Project. 1.4 The services covered by this Agreement are subject to the time limitations contained osm Aw® in Subparagraph ins, AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES AGREEMENT 2.1 DEFINITION The American Ir hate of Architects The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any 1735 New York Avenue, N w. other services identified in Article 12 as pan of Basic Services, and include normal structural, Washington, D.C. 20006-5292 mechanical and electrical engineering services. Refer to Article 12.1 for description of mechanical electrical Basic Services. ® Copyright 1974, 1978, 1977, 1987, V 97 by The American Institute o Architects Reproduction o the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United State, and will subject the violator TO legal pro cutlon. WARNING. unlicensed photocopying violates U.S copyright laws and will subject the violate, to legal prosecution. This document as electronically produced with permission of the AIA and can be reproduced in accordance with your hcense without violation until the date of expiration as noted below user Document yelm and doc - 111712001 AIA License Number 1018684, which expires on 9/30/2003 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.v. 2,2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. THIS DOCUMENT HAS IMPORTANT LEGAL 2.2 .4 Based on the mutually agreed-upon program, schedule and construction budget CONSEQUENCES. CONSULTATION WITH AN requirements, the Architect shall prepare, for approval by the Owner, Schematic Design ATTORNEY IS ENCOURAGED WITH RESPECT Documents consisting of drawings and other documents illustrating the scale and relationship TO ITS COMPLETION OR MODIFICATION of Project components AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ALA DOCUMENT MAY BE MADE 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost BY USING AIA DOCUMENT D9DI. based on current area, volume or similar conceptual estimating techniques. 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 map be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminan. 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 preliminan, estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for .1991 AIA® filing documents required for the approval of governmental authorities having jurisdiction over AIA DOCUMENT 8151-1997 ABBREVIATED OWNER-ARCHITECT the Project AGREEMENT 2.5 BIDDING OR NEGOTIATION PHASE The American Institute of Architect: The Architect, following the Owner's approval of the Construction Documents and of the latest 1135 New York Avenue, NW preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or Washington, D.C. 20006-5292 negotiated -preprear s and assist in awarding and preparing contracts for construction. O Copyright 1974, 1978, 1977, 1997 by The American Institute o Architects . Reproduction o the material herein or substantial quotation of its provision without written permission of the AIA violates the copyright laws of the Untied States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the ALA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document. yelm b151.doe - 1/1712003 AIA License Number 1018684, which expires on 9/30/2003. 2 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 initial 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 A2oi, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are THIS DOCUMENT HAS IMPORTANT LEGAL consistent with this Agreement or approved in writing by the Architect. CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this TO ITS COMPLETION OR MODIFICATION. Paragraph 2.6 Shall not be restricted, modified or extended without written agreement of the AUTHENTICATION OF THIS ELECTRONICALLY Owner and Architect with consent of the Contractor, which consent will Of be Unreasonably DRAFTED AIA DOCUMENT MAY BE MADE withheld. BY USING AIA DOCUMENT DSOI. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Ci action. 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 amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the owner and the Architect in Article in, (a) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when full) 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. The Architect shall neither have control over or charge of, nor be responsible for, the 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 rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. Haweve6 the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architects negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor. Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. Sti+w~ 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation ®N9] PIP® or progress AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT 2.6.8 Except as otherwise provided in this Agreement or when direct communications have AGREEMENT been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. The American Iho nd of Architects Communications by and with the Architect's consultants shall be through the Architect. 1735 New York Avenue, N.W. Washington, D.C. 300065292 2.6.9 CERTIFICATES FOR PAYMENT 0 Copyright 1974, 1978, 1977, 1987, 1997 by The Amencan Institute o Architects Reproduction o the material herein or substantial quotation of its provision without written permission of the AIA violates the copyright laws of the United 5tates and will subject the violator to legal prosecution. WARNING. unlicensed photocopying violates U.S. nami laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below User Document yelm 6151.doc 1117/2003. AA License Number 1018684, which expires on 913012003. 3 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work 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, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (l) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, 121 to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. THIS DOCUMENT HAS IMPORTANT LEGAL 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the CONSEQUENCES. CONSUL TATION WITH AN Architect has (1) made exhaustive or continuous on-site inspections to check the quality or ATTORNEY 15 ENCOURAGED WITHRESPECT quantity of the Work, Tel reviewed LOMEMAJOU means, methods, techniques, sequences or TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY procedures, (3) reviewed copies of requisitions received from Subcontractors and material DRAFTED AIA DOCUMENT MAY BE MADE suppliers and other data requested by the Owner to substantiate the Contractors right to BY U5ING RA DOCUMENT D401. payment, or (a) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require 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 goad 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 or entities performing portions of the Work. 2.6. 11 The Architect shall review and approve or take other appropriate action upon the 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 Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or 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 accurap, and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as 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 anv construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 5.~+~ 2,1512 If professional design services or certifications by a design professional related to ~ systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such 01997 mom services must satisfy Shop Drawings and other submittals related to the Work designed or AIA DOCUMENT B151-1997 certified by the design professional retained by the Contractor shall bear such professional's ABBREVIATED OWNER-ARCHITECT written approval when submitted to the Architect. The Architect shall be entitled to rely upon AGREEMENT the adequacy, accuracy and completeness of the services, certifications or approvals performed The American Institute of Architects by such design professionals. 1735 New York Avenue, N .W, . 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with Washington, D C 20006-5292 supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.r.i and 3'33. for the Owner's approval and execution in accordance with the o Copyright 1974, 1978, 1977, 1987, O 1997 by The American Institute of Architects 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 subject the violator to legal prosecution WARNING unlicensed photocopying violates U.5. copyright laws and will subject the violator to legal prosecution. This document was eleUromcally produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below User Document yern 6151. doc 111712003. AIA License Number 1018684, which expires on 9/30/2003 4 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 consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date Dr dates of Substantial Completion and the date of final completion, shall receive from the Contractor 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 based upon a final inspection indicating the Work complies 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, and requirements of, the Contract Documents on written THI5 DOCUMENT HASIMPORTANT LEGAL request of either the Owner or Contractor. The Architects response to such requests shall be CONSEQUENCES. CONSULTA TION WI TH AN made in writing within an), time limits agreed upon or otherwise with reasonable promptness. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE and reasonably inferable from the Contract Documents and shall be in writing or in the form of BY USING AIA DOCUMENT Carl drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show par ialiq' to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other mailers in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions co, matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.t7, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 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 34 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. It 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 Alas 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is q1`q DOCUMENT B151-1997 required, the Architect shall provide one or more project Representatives to assist in carrying ABBREVIATED OWNER ARCHITECT out such additional on-site responsibilities. AGREEMENT 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and The American Institute of Architects . the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, 1735 New York Avenue, NW responsibilities and limitations of authority of Project Representatives shall be as described in Washington, D.C. 20006-5291 the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. Er Copyright 1974, 1978, 1977, 1987, O 1997 by The American Insinute o Architects . Reproduction o the material herein or substantial quotation of its provisions without written permission of the AIA violates the eupytight laws of the United States and will subject the violator to legal prosecution WARNING. Unlicensed photocopying violates U S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below User Document yelm 6151. dot 111712003. AIA License Number 1018684, which expires on 9f30/2003 5 3.2.3 Through the presence at the site of 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 THIS DOCUMENT HAS IMPORTANT LEGAL Project budget; CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 2 required by the enactment or revision of codes, laws or regulations subsequent to TO ITS COMPLETION OR MODIFICATION. the preparation of such documents; or AUTHENTICA TION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE .3 due to changes required as a result of the Owner's failure to render decisions in a BY USING AIA DOCUMENT 0401. time])' 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 525 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. 33.4 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 be fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 33.6 Providing services made neLessarv 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. s:a•:~ 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. .Fru AIP® 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in AIA DOCUMENT B151 1997 connection with bidding, negotiation or construction prior to the completion of the A IATEO OWNER ARCHITECT Construction Documents Phase. A GGREEV REEMENT The American Institute of Architects 3.4 OPTIONAL ADDITIONAL SERVICES 1735 New York Avenue, N w. 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Washington, DD 20006-5792 Project. 0 Copyright 1974, 1978, 977, 1987 , ] by T he American Institute o Architects Reproduction o the material herein or substantial quotation of its provisions without written permission of the AID violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed elect ocopymg violates U S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced In accordance with your license without violation until the date of expiration as noted below. User Document yelm b151 doe 1/17/1003. AID License Number 1018684, which expires on 9302003. 6 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 3.4.7 Providing services to verily the aLcuracy of drawings or outer information furnished ATTORNEY 15EN000RAGEO WITHRESPECT by the Owner. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 3.4.8 Providing coordination of construction performed by separate contractors or by the DRAFTED AIA DOCUMENT MAY BE MADE Owners own forces and coordination of services required in LOnnection with construction BY USING All DOCUMENT D401. 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. 3.412 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. 14.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible reLord 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 suLh 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 claw A. in the absence of a final Certificate for Payment, more than 50 days after the dale of Substantial AIA DOCUMENT B151-1997 Completion Olin, Work. ABBREVIATED OWNER-ARCHITECT AGREEMENT 3.4.19 Providing services of consultants for other than architectural, structural, mechanical Archnecrs and electrical engineering portions of the Project provided as a part of Basic Services The American Institute of . T 1735 he New York Avenue, N .W , . 3.4.20 Providing any other services not otherwise included in this Agreement or not Washington D C. 20006-5292 customarily furnished in accordance with generally accepted architectural practice. C Copyright 1974, 1978, 1977, 1987, r 1997 by The Amencao Institute o Architects, epr. ocb.n a t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the ardor., to legal pm,a,.dion. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. user Document. yelm 1,151 city 1/17/2003_ MA License Number 1018684, which .Pines on 9/3012003. 7 ARTICLE 4 OWNERS RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written 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. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically 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. THIS DOCUMENT HAS IMPORTANT LEGAL 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf CONSEOUENCES. CONSUL TAVON WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT with respect to the Project. The Owner or such designated representative shall render decisions TO ITS COMPLfiION OR MODIFICATION in a timely manner pertaining to documents submitted by the Architect in order to avoid AUTHENDCA PON OF THIS ELECTRONICALLY unreasonable delay in the orderly and sequential progress of the Architect's services. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 4.4 The Owner shall furnish surveys to describe 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 with respect 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. 4.5 The Owner shall furnish the services of geotechniczl engineers when such services are requested by the Architect. Such services mar include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4 5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; 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 services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications 1'1111'~ for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the owner. 0199] Ants AIA DOCUMENT B151-1997 4.9 The services, information, surveys and reports required by Paragraphs 44 through 4.8 ABBREVIATED OWNER-ARCHITECT shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the AGREEMENT accuracy and completeness thereof The American Institute of Architects 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes 1735 New York Avenue, N.W. aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in Washington, D.C. 20006-5292 the Architect's Instruments of Service. Repro ucM1On o t e Copyright 1974, 1978, 1977, 1987, 1997 by the American Institute o Architects material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document yelm bl51.der 1/17/2003. AIA License Number 1018684, which expires on 9/30/2003. e ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 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, including the costs of management or supervision of construction or installation provided by a separate constriction manager or contractor. plus a reasonable allowance for their 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 TH15 DOCUMENT HAS IMPORTANT LEGAL the Work. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 5.1.3 Construction Cost does not include the compensation of the Architect and the To ITS COMPLETION OR MOUBUCATION. Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are AUTHENTICATION OF THIS ELECTRONICALLY the responsibility of the Owner as provided in Article 4. DRAFTED All DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's 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 Pre negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids Or negotiated Trobes 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 as mail be necessary to adjust the Construction Cast to the feed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Conti act for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 9o 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 industry 5.2.4 If a fixed limit of Construction Cost I adjusted as provided in Subparagraph 5=31 is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall. ®rssr g AN AIA DOCUMENT B151-1992 I give written approval of an increase in such fixed limit; ABBREVIATED OWNER-ARCHITECT AGREEMENT .2 authorize rebidding or renegotiating of the Project within a reasonable time; The American Institute of Architects .3 terminate in accordance with Paragraph 8.5: or 1235 New York Avenue, NW Washington, D.C. 20006-5292 .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. Copyright 1974, 1928, 1977, 1992, V 1997 by The American Institute o Arcreds. 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 subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document. yelm h151. dot - 1/17/2003. AIA License Number 1018684, which expires on 9/30/2003 9 5.2.5 If the Owner chooses to proceed under Clause 5244, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architects responsibility under this Subparagraph 5.15. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLES USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use sdely with respect to this Project. The Architect and the Architect's consultants shall be THIS DOCUMENT HAS IMPORTANT LEGAL deemed the authors and owners of their respective Instruments of Service and shall retain all CONSEQUENCES. CONSULTATION WITH AN OR IF TO ITS WITH common law, statutory and other reserved rights, Including coPyrig ATTORNEY hts ATTORNEY ICOMPLETION OR MODIFICATION . AUTHENTICATION Of THIS ELECTRONICALLY 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive DRATTED AM DOCUMENT MAY BE MADE license to reproduce the Architect's Instruments of Service solely for purposes of constructing, BY USING AM DOCUMENT 0401 using and maintaining the Project, provided that the Owner shall comply with all obligations, Including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly crecientiakd design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 6.3 Except for the licenses granted in paragraph Gs, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service 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 reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Anv unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the 01o7 Alior Instruments of Service, the Owner and the Architect shall by separate written agreement set AM DOCUMENT B151-1997 forth the specific conditions governing the format of such instruments of Service or electronic A86REVIATED OWNER-ARCHITECT data, including any special limitations or licenses not otherwise provided in this Agreement. AGREEMENT ARTICLE 7 DISPUTE RESOLUTION The American institute of Architects 1735 Newyork Avenue, NM . 7.1 MEDIATION Washington, D.C. 11006 5191 7.1,1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute o Architects . Repro ualon o the material herein or substantial quotation of its provisions without written permission of the AIR violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Un roiL sed photocopying violates U.5. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the ALA and can be reproduced in accordance with your license without violation until the date of expiration as noted below User Document yelm 6151.doc 1/1711103. AIA License Number 101B664, which expires on 9/3071001 10 subject of a hen arising out of the Architect's services, the Architect may, proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7 1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 9o days from the date of filing, unless stayed for a longer period by agreement of the parries or court order. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WITH AN 7 1.3 The parties shall share the mediator's fee and any, filing fees equally The mediation ATTORNEY IS ENCOURAGED WITH RESPECT shall be held in the place where the Project is located, unless another location is mutually To ITS COMPLETION OR MODIFICATION. agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements AUTHENTICATION OF THIS ELECTRONICALLY in any court having jurisdiction thereof. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 7.2 ARBITRATION 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph ]a. 7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no 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 would be barred by the applicable statute of limitations. 7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a parry to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question, not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may 01997 A'Aa be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AIA DOCUMENT B151 -1997 ABBREVIATED OWNER-ARCHITECT 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES AGREEMENT The Architect and Owner waive consequential damages for claims, disputes or other matters in The American Institute of Architects question arising out of or relating to this Agreement. This mutual waiver is applicable, without 1735 New York Avenue, N.W. limitation, to all consequential damages due to either party's termination in accordance with Washington, D.C. 20006 5292 Article 8. ARTICLE 8 TERMINATION OR SUSPENSION Copyright 1974, 78, 1977, 1987, 1997 by The American Institute of Architects Reprodurtion 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 subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document. yelm 6151. doc - 1/17/2003. PIP Licensp Number 1018684, which expires on 913012003. 11 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. 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. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architects fees for the remaining services and the time schedules shall be equitably adjusted. 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. THI5 DOCUMENT HAS IMPORTANT LEGAL When the Project is resumed, the Architect shall be compensated for expenses incurred in the CONSEQUENCES. CONSULTATION wnHAN interruption and resumption of the Architect s services. The Architects fees for the remaining ATTORNEY IS ENCOURAGED WITH RESPECT services and the time schedules shall be equitably adjusted. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 8.3 If the Project is suspended or the Architect's services are suspended for more than 9o BY USING ALA DOCUMENT D401. consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 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 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 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 the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12 9.2 Terms in this Agreement shall have the same meaning as those in the edition of ALA Document A2ou 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 019G1 Area to run not later than either the date of Substantial Completion for acts or failures to act AIA DOCUMENT B151-1997 occurring prior to Substantial Completion or the date of issuance of the final Certificate for ABBREVIATED OWNER-ARCHITECT Payment for acts or failures to act occurring after Substantial Completion. In no event shall AGREEMENT such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. The American Institute of Architects 1735 New York Avenue, N.W. 9.4 To the extent damages are covered by property insurance during construction, the Washington, D.C. 20006-5292 Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may Copyright 1974, 1977, 1978, 1987, ® 1997 by The American Institute o Architect, . Reproduction o the material herein or substantial quotation of its provisions without written permission of the AIA vmlates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with perm ssron of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below User Document yelm 6151.6oc 1/1712003. AIA License Number 1018684, which expires on 9130/2003. 12 have to the proceeds of such insurance as set forth in the edition of ALA Document Ain, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consuhants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 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 patty with respect to all covenants of this Agreement. Neither the Owner DOT the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the project. In such event, the lender shall assume the Owner'a rights and obligations under this Agreement The Architect shall execute all consents reasonably required to facilitate such assignment THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 9.6 This Agreement represents the entire and integrated agreement between the Owner A TTORNEY IS ENCOURAGED WITH RESPECT and the Architect and supersedes all prior negotiations, representations or agreements, either TO ITS COMPLETION OR MODIFICATION. written or oral. This Agreement may be amended onh' by written instrument signed by both AUTHENTICATION OF THIS ELECTRONICALLY Owner and Architect. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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 or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's 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 in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted I. the Architect for review at least try days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 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 `i'xi•: benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 0199] AIA® 10.2 REIMBURSABLE EXPENSES AIA DOCUMENT 8151-1997 ABBREVIATED OWNER-ARCHITECT 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional AGREEMENT Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: The American Institute of Architects 1735 New York Avenue, N.W. .1 transportation in connection with the Project, authorized out-of-town travel and Washington, D.C. 10006 5191 subsistence, and electronic communications; Copyright 4, 1977, 1976, 1987, by The American Institute o Architects . Reproduction o the material herein or substantial quotation of its provision without written permission of the AIA violates the copyright jaws of the United States and will subject the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.5 copyright jaws and will subject the violator to legal prosecution This docu mart as electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document. yelm bl51.doc - 1/17/2003. AIA License Number 1018684, which expires on 91 13 .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form document,, postage, handling and delivery of Instruments of Service; 4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in THIS DOCUMENT HAS IMPORTANT LEGAL excess of that normally carried by the Architect and the Architect's consultants; CONSEQUENCES. CONSULTA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 7 reimbursable expenses as designated in Article u; TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY .8 other similar direct Project related expenditures. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT DfIm 103 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 1s 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 Turner set forth in Subparagraph 113.2. 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 I1) the lowest bona fide bid or negotiated proposal, or 12) 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 Payments on account of the Architect's Additional Services cud for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses Incurred. 111, 10.5 PAYMENTS WITHHELD 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 01997 sev. cost of changes in the Work other than those for which the Architect has been adjudged to be AIA DOCUMENT 8151-1997 liable. ABBREVIATED OWNER-ARCHITECT AGREEMENT 10.6 ARCHITECT'S ACCOUNTING RECORDS The American Institute of Architects Records of Reimbursable Expenses and expenses pertaining to Additional Services and services 1735 New York Avenue, N.W. performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be Washington, D.C. 20006-5292 available to the Owner or the Owner's authorized representative at mutually convenient times, ARTICLE 11 BASIS OF COMPENSATION < Copyright 1974, 1978, , 1987, 1997 by he American Institute o Architect, Reproduction o 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 subject the violator to legal prosecution WARNING unlicensed photocopying violates U 5 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document. yelni b151. hoc 1/17/1003. AIA License Number 1018684, which expires on 9/30/2003 14 The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of Zero Dollars (a 0.00 I 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 s, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert beat of, rvn,,,cuer,, ,dud., s¢pula+ed sums, mu/nple. or p.,,,., end +deneiH phases c' hah pamcrJarmetho,i+ofcompensauonapply, dneresen'J Hourly to $19,780.00. Budget phase amounts may be carried over or combined to other phases THIS DOCUMENT HAS IMPORTANT LEGAL 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction CONSEQUENCES. CONSULTATION WITH AN Cost, progress payments for Basic Services in each phase shall total the following percentages of ATTORNEY IS ENCOURAGED WITH RESPECT the total Basic Compensation payable: TO ITS COMPLETION OR MODIFICATION. (Insert addin,roI,has, as.oAc,,o,1,) AUTHENTICATION OF THIS ELECTRONICALLY DRATTED AIA DOCUMENT MAY BE MADE Schematic Design Phase: Budgeted $159300 BY USING AIA DOCUMENT Di percent ( 8 Design Development Phase: Budgeted $4,533,00 percent( 23 Construction Documents Phase: Budgeted $8 719 00 percent ( 44 Bidding or Negotiation Phase' Budgeted $979.00 percent 1 5 Construction Phase: Budgeted $3,956.00 percent ( 20 Total Basic Compensation: $19,780.00 one hundred percent(too96j 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 32. compensation shall be computed as follows: Hourly at current hourly billing rate Refer to attached hourly billing rate schedule 11.3.2 For Additional Services of the Architect, as described in Articles i and 12, other than (r1 Additional Project Representation, as described in Paragraph 3.2, and (a) services included in Article rz as part of Basic Services, but excluding services of consultants, compensation shall Illl be computed as follows: (insert be, of c,o,,o a r., rn hidr, mle, and mu/up/es of D/ren feu rrnel e~Pense /br Prmopels end emp/m-ees. and dm+Ib Pnnopals end d...d amp/nreex it re9mred /d""A spedfic serum ro whsh parcem/ar = methods ufcompensanon apph: r/neressarr.l Hourly at current hourly billing rate. Refer to attached hourly billing rate schedule. ~"Ill 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 01997 ase in Article 12 as art of Additional Services, a multiple of One and one-tenth 1 1 1 times the AIA DOCUMENT B151-1997 P ABBREVIATED OWNER-ARCHITECT amounts billed to the Architect for such services. AGREEMENT (/dooh' v/6e c,Ppes oPcons'le"',,, Anrdeu, tlregmred , 11.4 REIMBURSABLE EXPENSES The American Institute Architects 1735 New York Avenue N , .W. For Reimbursable Expenses, as described in Paragraph io.z, and any other items included in Washington, o.c. 20006-5252 Article iz as Reimbursable Expenses, a multiple of One and one-tenth 11.1 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project, fU Copyright 1974, 1978, 1977, 1967, 1997 by The American Institute o Architects . Reproduction o the material herein or substantial annotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document. yelm 6151. dot 1/17/2003. AIA License Nombe, 1018684, which expires m,9/30R003. 15 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within seven ( 7 ) 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 1 days from the date of the Architect's invoice. Amounts unpaid beyond thirty-one 1 31 I days after the invoice date shall bear interest at the rate entered below, or in the absence !hereof at the !egol rate prerai!ing from time to time at the principal place of business of the Architect. (/nsen'b'ofinterestagrred .sywn.) 1.5% per month on outstanding balance. THIS DOCUMENT HAS NT LEGAL CONSEQUENCES. CONSULTATION WITH AN Usury lvlvs and regurrememe under the fade.! Truth m Lending Au, nmr/ar stale and loco/ c,uumer oedn laivs ATTORNEY 15 ENCOURAGED WITH RESPECT and other regulmrons al the Owners end Arehrte,_Cr prm~rpal p/aces nl business the /oalion of Ibe Proxrl end TOITS COMPLETION OR MODIFICATION. elsewhere may afet the oibdity oflhir vowsron.5peciFe legaladwceshould be,hla.,d rote resprcuo de/enon.ror AUTHENTICATION OF THIS ELECTRONICALLY modif"cuvv.recite, re,urbL'o,.eeo'rh,S un(tee dudosurer or wamersJ DRAFTED All DOCUMENT MAY BE MADE BY USING AA DOCUMENT D401. 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert desmpnons of ether wrei ideenfr Additional Se..v- included with. Banc Cerseasiou, arid modifications m thepaymml and compensation termsmc/udedin Nis Agreement I 12.1 Basic mechanical and electrical services shall consist of work necessary to develop Performance Design Requirements which will be included in the Contract Documents allowing the bide ina contractors to develop and Provide working systems that meet or exceed the reouirements of the Performance Design Reauirements 12.2 Design Development and Construction Document Phases may be combined at the option of the Architect and with approval by the Owner. 12.3 Refe 'lo attached letter to Grant Beck dated 117/03 for further explanation of fee break ow . This Agre entlllntere into as of the day and year first writtenp Lve. C ,1 ` ~ O NER rsrgnoni/red IA/RC ITECT (E nature/ lPnnrednrmeevd tit/eJ ~ IPn ed name and n[IeJ r~ r~~~~ Principal Architects BCRA Inc ®199] AP6 AIA DOCUMENT 8151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, DC 20006-5292 © Copyright 1974, 1978, 1977, 1987, 1997 by he American institute or Architects 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 subject the violator to legal prosecution. WARNING Unlicensed photocopying violates 11.5. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User DnCUmeni. yelm b151. doc 1117/2003. AIA License Number 1018684, which expires on 9/30/2003. 16 t January ° 2003 Grant 13cd.. Dnrecto C.it1 ol'1 eIII I-on urnim ik°relopment Deparlmcnl 11U helm AI \b-,I Yel nn. Adazh.nnlon. `~Ss'r' Re: Desi_m Serowe Fee Proposal Breakdown for Fchn it, Hull Remodel Dea, NE Bccl- The following is a N eakdo«m of the phases or categories we anticipate in order to complete our desiom efforts for the Cip Hall remodel. We have assigned budget amounts to each category to provide you with a general understanding of hoe, the fee is allocated throughout the design, bidding and construction periods. It should be kept in mind that we propose to work on an hourly basis where any overall savings of the proposed gross budget fee of $19,780.00 is retained by the Citri of Yelm. Attached is III, R4's hourly billing rate for all categories of staff with the company We have allocated an amount for structural, mechanical, electrical and estimating consultants and will soon be negotiate their fee once their scope is further refined. We will attempt to constrain their work to only that necessary for the minimum of effort while still assuring completeness and accuracy of the permit/bid/construction documents. • Pre-design/Schematic Design Phase Assigned budget amount: $1,593.00 1 Administrative support consultant contract development 2. Sub-consultant coordination 3. Space planning review with the City of Yelm staff/committee 4. Equipment inventor}' 5. Developing revised floor plan 6. Presenting revised floor plan to the City Hall Remodel Committee • Design Development Phase Assigned budget amount: $4,533A0 1 Refine Schematic Floor plan 2. Incorporate value engineering elements 3. Determine lighting/power/HVAC/PB/telecomm/fire/security requirements 4. Prepare outline specification with material suggestions 5 Update probable cost of construction estimate 6. Present Design Development Documents to the City Hall Remodel Committee • Construction Document (CD) Phase Assigned budget amount: $8,719.00 1. Develop custom details 2. Prepare technical specifications sections 3 Prepare bidding requirements and project General Conditions 4. Prepare color boards for City Hall Remodel Committee review and approval 5 Prepare final construction documents 6. Provide final estimate of probable cost of construction 7 Providc standards for fixtures and finishes 8. Present CD to the CIN Hall Remodel Committee 210n P,,fi, Avenue. Jute l00 T,,o.a. WA 98402 M,M1one' 253.637 4367 Fas. 253. e27 4395 • Bidding Phase Assigned budget amount: $979.00 1. Field and answer bidder questions 2. Prepare addendum(sl 3. Consult with the City of Yelm in the selection of Contractor • Construction Administ: ior. Phase Assigned budget amount $3956.00 1 Visit project site at various times during construction to review the progress, quality and conformance to contract documents 2. Review Request for Payment from contractor 3. Review submittals from contractor (i.e. shop drawings. catalog cuts, etc.) 4. Prepare change orders for contractor and City of Yelm 5. Provide final walk thin and punch list for contractor 6. Prepare substantial completion forms • Post Construction Phase Assigned budget amount: NC 1. Coordinate 1 year walkthrough of contractor We hope you would find our proposal to be fair and equitable for both parties. If you have any question please contact me at 253-606-8380 or at the office at 253-627-4367 Thant: you again for allowing us the opportunity to work for the City of Yelm. Respectfully, Ken Rowan, AIA, NCARB Principal Architects BCRA