HomeMy WebLinkAboutArchitectural Agreement with Lombard Conrad Arch for MPD
To:
interoffice
MEMORANDUM
From:
Wm. F. Nichols
Subject:
Police Station-Lombard Conrad
Date:
November 9, 2000
Mayor Corrie:
Accompanying this memo are the duplicate originals of the Standard
Forms of Agreement with the architect, and two original modification letters. All of
these documents are now ready for your signature. Please note that I have also
placed some additional indicators on a portion of the contract which, in agreement
with the architect, has been struck through and should be initialed by you and then
also initialed by the architect.
Please let me know if you have any questions or concerns.
Ey/Z:\Work\M\Meridian\Meridian ] 5360M\Police Dept\New Police Station Property\Mayorl10900Mem.wpd
RE: MERIDIAN POLICE STATION
LCA PROJECT No: 99079.01
File Code: O-a
Thisletter will serve as an amendment to the AlA Document B141- 1997, Standard Form of
Agreement Between Owner and Architect with Standard Form of Architect's Services, dated
September 26, 2000.
LOMBARD-CONRAD, ARCHITECTS, P.A. e 1221 SHORELINE LANE, BOISE, IDAHO 83702-6880 e (2013) 345-6677 & FAX (20B) 34'Hl(102
,14,
\I
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
AlA Document 8141 -1997
1997 Edition - 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 AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT 040 l.
Copyright 19[ 7, 1926, 1948, 195 I, 1953, 1958, 196[, [963, 1966, J 967, J 970, [974, [977, [987, @1997 by The American Institutc of Architects. Reproduction of
thc material herein or substantial quotation of its provisions without writtcn permission ofthe AlA violates the copyright laws of the United States and will subject the
violator to legal prosecution.
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made as of the Twenty Sixth day of September in the year Two Thousand
(in words, indicate day, mo/1/h and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other iliformation)
City of Meridian
33 East Idaho Avenue
Meridian. Idaho 83642
and the Architect:
(Name, address and other iiiformalion)
Lombard-Conrad Architects. P.A.
1221 Shoreline Lane
Boise, Idaho 83702
For the following Project:
(inelude detailed descriplion oj Project)
New police station ofaoproximately 35,000 s.f.
The Owner and Architect agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1,1,1 This Agreement is based on the following information and assumptions.
(Note Ihe disposition/or the /o{[owing ilems by inserting the requesled iiiformation or a staleme/1/ such as "nol applicable," "unknown at lime 0/ execulion" or
AlA DOCUMENT B[41-STANDARD FORM AGREEMENT - 1997 EDIT[ON - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator Icgal proseclltion. This document was electronically produced with permission ofthc AlA and can be reproduced without violation until the date of expiration
as notcd below.
Electronic FODllat B141-1997
User Document: 99079-01 -- 11/2/2000. AlA License Number 112581, which expires on 5/7/2001 -- Page #1
"to be determined later by /!Iutual agreement. 'J
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(ldel1lify or describe, if appropriate, proposed use or goals.)
city police station
1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, loeation, dimensions. Or other pertinent iliformation, sitch as geotechnical reports about the site.)
a site owned bv the City. located on Watertower Road
1.1.2.3 The Owner's Program is;
(Identify docl/mentallon or state the manner in which the program will be developed.)
to be developed under this agreement
1.1.2.4 The legal parameters are:
(IdentifY pertinent legal injorma/ion, including, if appropriate, land surveys and legal descriptions and restrictions oj the site.)
unknown at the time of execution
1.1.2.5 The financial parameters are as follows.
.1 Amount ofthe Owner's overall budget for the Project, including the Architect's compensation, is: $3550.000.00
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: ill k
determined later bv mutual agreement
1.1.2.6 The time parameters are:
(IdentifY, if appropriate, milestone dates, durations arjast track scheduling.)
new building to be substantially complete by October 1,2001
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method sllch as compelilive bid, negotiated contract, 01' constmclion management.)
Construction Management
1.1.2.8 Other parameters are:
(IdentifY special characteristics or needs oj the Project such as energy, environmental or historic preservation requirements.)
nla
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
(Ustname, address and other iiiformation.)
William Gordon,
Police Chief
Meridian Police Station
201 East ldaho
Meridian. Idaho 86842
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's
subm ittals to the Owner are:
(Ustname, address and other iJiforma/ion.)
unknown at time of execution
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, ifknol1'n, identify them by name and address.)
nla
1.1.3.4 The Architect's Designated Representative is:
(List name, address and other 1'10rmallon.)
Russell Moorhead. AlA
Principal in Charge
Lombard-Conrad Architects. P.A.
1221 Shoreline Lane
Boise. Idaho 83702
AlA OOCUMENT BI41-STANDARO FORNI AGREEMENT - 1997 EOlTION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK A VENUE N. W., W AS HfNGTON , D.C, 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and wi1l subject the
violator legal prosccution. This document was electronically produced with permission of the AlA and can be reproduced without violatiOllllntil the date of expiration
as noted below.
Electronic Format B 141-1997
User Document: 99079-01 -- 1 ]/2/2000. A]A License Number 112581. which exnires on 5/7/2001 -- p~p"p. #?
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and addre 55.)
Structural Engineer: Stapley Engineering
Mechanical Engineer: Engineering, Inc.
Electrical En!?:ineer: Eidam & Associates
Civil Enf?:ineer: EHM Engineers (to include Geotechnical and Survey Services)
Landscape Architect: South Landscape
Phone & Data Consultant: to be determined
1.1.4
Other important initial information is:
1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract
for Construction shall be the edition of AlA Document A201 current as of the date ofthis Agreement, or as follows:
1.1.6 The information contained in this Alticle 1.1 may be reasonably relied upon by the Owner and Architect in determining
the Architect's compensation. Both pmties, however, recognize that such information may change and, in that event, the Owner
and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with
Paragraph 1.3.3.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding
requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt ofa written
request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work.
The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the
Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a
corresponding change in the Project scope and quality.
1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf
with respect to the Project. The Owner or the Owner's Designated 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 Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the
Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required
by the scope of the Project.
1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and repOtts required by law or
the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for
hazardous materials.
1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably
necesSaJY at any time for the Project to meet the Owner's needs and interests.
1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
AlA OOCUMENT B141-STANOARD FORM AGREEMENT - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF AltCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, O.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator Icgal prosecution. This documcnt was clcctronically produccd with permission of the AlA and can be reproduced without violation until the date of expiration
as notcd below.
Electronic Fonnat B141-I997
User Document: 99079-0] -- 11/2/2000. AlA License Number 112581, which expires on 5/7/2001 -- Page #3
1.2.3' ARCHITECT
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in
Article 104.
1.2.3.2 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 Owner's approval a schedule for the performance of the
Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall
be adjusted, if necessary, as the Project proceeds. This schedule shall Include allowances for periods of time required for the
Owner's review, tor the performance of the Owner's consultants, 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.
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act 011 the Architect's
behalf With respect to the Project.
1.2.3.4 The Architect shall maintain the con fidentiality of information specifically designated as confidential by the Owner,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the
Architect trom establishing a claim or defense in an adjudicatOlY proceeding. The Architect shall require of the Architect's
consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner.
1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any actIVIty, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with
respect to this Project.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond
in the design ofthe Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the
Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions
or inconsistencies in such services or information or upon discovery of any fault or defect in the proiect or non conformance with
the contract documents.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work 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.
1.3.1.2 The Cost of the Work 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 construction 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 the Work.
1.3.1.3 The Cost ofthe Work does not include the compensation of the Architect and the Architect's consultants, the costs of the
land, rights-of-way and financing or other costs that are the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 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 solely with respect to this Project. The Architect and the Architect's
consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, including copyrights.
AlA DOCUMENT B[41-STANOARO FORM AGREEMENT - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
[735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission ofthe AlA and can be reproduced without violation until the date of expiration
as notcd below.
Electronic Format B141-1997
User Document: 99079-0 I -- 1112/2000. AlA License Number 112581, which expires on 51712001 -- Page #4
1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's
Instruments of Service solely for purposes of constructing, 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.
1.3.2.3 Except for the licenses granted in Subparagraph 1.3 .2.2, no other license or right shall be deemed granted or impl ied
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 appl icable pOltions of the
Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2.
Submission or distribution ofInstruments 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 other projects, unless the Owner obtains the prior written
agreement of the Architect and the Architect's consultants. Any 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._ The Owner shall be allowed to use the
Instruments of Service for future additions. alteration or expansions upon furnishing an Indemnity to the Architect and the
Architect's consultant for that use.
1.3.2.4 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 Instruments of Service, the Owner and the Architect shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished
after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances
beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2, In the absence of
mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or
a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect
shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the
Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable
Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5. Every effort will be made to obtain a written agreement to
memorialize the chan!,':e and cost thereof before providing the changed service.
1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an
appropriate adjustment in the Architect's schedule and compensation.
.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to
previously prepared Instruments of Service;
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but 110t limited to, size, quality, complexity, the Owner's schedule or
budget, or procurement method;
.6
.5 failure of performance on the part of the Owner or the Owner's consultants or contractors;
preparation for and attendance at Q ~ dispute resolution proceeding or a legal proceeding except
where the Architect is party thereto; .J~
change in the information contained in Article 1.1.
.7
AlA DOCUMENT BI41-STANOARD FORM AGREEMENT - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK A VENUE N.W., WASHINGTON, O,c. 20006-5292. WARNING: Unlicensed photocopying violatcs U.S. copyright Jaws and will subject thc
violator Icgal prosecution. This document was electronically produced with permission of the AlA and can bc rcproduced without violation until the date of expiration
as notcd below.
Electronic Format B 141-1997
User Document: 99079-0 I -- tIl2/2000. AlA License Number 112581, which expires on 5/7/2001 -- Page #5
1.3.4' MEDIATION
1.3.4.1 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 subject of a lien 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.
1.3.4.2 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 tiling 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 60 days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the
Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 AHy-€-l&im, dispute -Bf-etflef-mattef-ffi question-affs..ifl.g-oot-af. or related -te-tfl.i.& Agreement shall-ee subject to arbitration.
Prior to arbitration, the parties shall endeavor to resoh'e disputes by mediation in accordance "'lith Paragraph 1.3.1.
1.3.5.2 GJ.atms.; disputes and-ether matters in que-st-ien between the pmties that are not resorved by mediation shall be decided by
arbitration--wflte.lt,--1:Ift!e&s-4e~ mutually~ otherwise,--&Itatl-ee-iH accordaRce--wttR-the Construetioo Industry ,^.rbitration
RH-l-es-ef..tfle -Amefi.eaa ,A.rb i tration ,A,SS 0 ciati 0 n cu rren tI y -iH -effe€.t.. -+He demand..fut: arb itra ti 0 n --&Itatl-ee-fi.l.e4-iH writing -w+tfl-the-
etHer party to this }\greement and with the ,A.merican .^.rbitration ASSOefal.:.ieH.
1.3.5.3 A-eemafld..fut: arbitration -sfla.I.l-ee--fflafie--witlHfl-a reasonable-t-ime-ttftef-the-&latm, dispute-ef~ef-mattef-iH question has
arisen. In no cvent shall the demand for arbitration be made after the date '.',hen institution of legal or eqHitable proceedings based
eA--Stlch claim, dispute or other matter iH question would be barred by the applicable statute of limitations.
1.3.5.4 Ne arbitrat ion -affs..ifl.g -oot -ef-ef re lating 4e -tfl.i.& .A.breem ell t --&Itatl-ffieffiGe,-hy-wnso I idat! 0 n -ef -jeiHaef-ef-iH -all)'-etAef..
manner,-afi additional-peFSOO-ef~-Ret-a-j*lfty-4e-tfl.i.& Agreement,~t-hy-wFitteH CORsent containing-a-5fleetfK; reference to
tJ:H.s ,A.gre 0 ment -flitfl-s-igHeG-hy..tfle OViner, An:;l:ite ct, -flitfl-at1:J' -efuefilef5efl-ef~ -soogRJ;4e-ee-jeffie4- Cons ent 4e arbitration
involving an additional peFSon or entity shall not constitute consent to arbitration of any claim, dispute or other matter in questieA:-
flat describe€l-iH-the -wf#t:efl consent-ef-w#fl-a -j3efS6fl-eI'~-Ret -RaH'I€G-ef-eescribed therein. -+fle foregoing agreemeflt-te-
arbitrate al:d othor agreemeffis4e arbitrate v,ith an additional PefSOO-ef-effii:t:y duly consented to by parties to this Agreement shall
be specifically enf{)rceable in accordance with applicable law in any comt having jurisdiction thereof.
1.3.5.5 :J:fle-awal'G rcndcrcd-hy-4e arbitrator-ef arbitrators--<atl-he--J:H.nH,-flitfl judgment--may-ee entered-tlp9fl-it-iH accordance
v,ith applicable 13'o'{ in allY court having jurisdiction thereof.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise
provided in Paragraph 1.4.2.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A201, General
Conditions of the Contract for Construction, current as ofthe date of this Agreement.
1.3.7.3 Causes of action between the parties to this Agreement peltaining 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
AlA OOCUMENT BI41-STANDARD FORM AGREEMENT.. 1997 EDlTJON . AlA - COPYRIGHT ]997.. THE AMERICAN INSTITUTE or ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator lcgal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration
as notcd below.
Electronic Format B141-1997
User Document 99079-01 -- 11/2/2000. AlA License Number 112581, which expires on 517/200 I -- Page #6
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. In no event shall such statutes of limitations commence to run any
later than the date when the Architect's services are substantially completed.
1.3.7.4 To the extent damages are covered by property insurance Qy J! solvent insurance company..Q!: companies _during
construction, the Owner and the 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 have to the proceeds of such insurance as set forth in the
edition of AlA Document A201, 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, consultants, agents and employees of any of them
similar waivers in favor of the other parties enumerated herein.
1.3.7.5 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.
1.3.7.6 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.
1.3.7.7 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.
1.3.7.8 If the Owner requests the Architect to execute cettificates, the proposed language of such certificates shall be submitted
to the Architect for review at least 14 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.
1.3.7.9 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 all covenants of this Agreement. Neither the Owner nor 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's rights and obligations under this Agreement. The Architect shall execute all consents
reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 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 Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 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 sllch suspension. When the Project is resumed, the Architect shall be compensated for
expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services
and the time schedules shall be equitably adjusted.
1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect
may terminate this Agreement by giving not less than seven days' written notice.
1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party
AlA DOCUMENT BI41-STANDARD FORM AGREEMENT. 1997 EOlTlON - AlA - COPYRIGHT ]997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK A VENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unliccnscd photocopying violates U.S. copyright laws and will subject the
violator lcgal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the dale of expiration
as noted below.
Electronic Format B 141-1997
User Document: 99079-01 -- 11/2/2000. AlA License Number 112581, which expires on 5/7/200I -- Page #7
fail substantially to perform In accordance with the terms of this Agreement through no fault of the party initiating the
termination.
1.3.8.5 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.
1.3.8.6 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 Subparagraph
1.3.8.7.
1.3.8.7 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.
1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of the Architect's statement of services.
1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's 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:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic
communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard fonn documents, postage, handling and delivery ofInstruments of Service;
.4 expense of oveltime 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 excess of that normally carried by the Architect and the
Architect's consultants;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project-related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the
basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized
representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the
pOltion 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, employee retirement plans and similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the
Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the
documents listed below.
AlA OOCUMENT B141.STANDARO FORM AGREEMENT. 1997 EDITION. AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK A VENUE N. W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produccd with permission oflhe AlA and can be reproduced Without violation until the date of expiration
as noted below.
Electronic Format B 141-1997
User Document: 99079-0 I -- 11/2/2000. AlA License Number 112581, which expires on 517/2001 -- Page #8
1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document BI41-1997.
1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA Document B 141-1997~, or as follows:
(List other documents, if any, delineating Architect's scope of services.)
1.4.1.3 Other documents as follows:
(List other documellls, if any, forming part of the Agreement.)
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
see attached Atticle 1.4.2.
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows:
Fixed Fee of Two Hundred Thirty Five Thousand and 00/100 Dollars ($235,000.00)
Where compensation is based on a stipulated sum or percentage of Construction Cost, pro!,!ress payments for Basic Services in
each phase shall total the following percentages of the total Basic Compensation payable:
Pre-Design Phase: Fifty Thousand and 001100 ($50,000.00)
Schematic Design Phase Fifteen percent (] 5%)
Design Development Phase Twenty percent (20%)
Construction Documents Forty percent (40%)
BiddinglNegotiation Phase Five percent (5%)
Construction Administration Phase_Twenty percent (20%)
Total Basic Compensation
One Hundred percent (100%)
1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be
adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph
1.5.2, in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identifY Principals and classifY
employees, ifrequired. IdentifY specific services to which particuJar methods of compensation apply.)
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point two
five (1.25 ) times the amounts billed to the Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of one point one (.1.1) times the expenses incurred
by the Architect, and the Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses, if any, are as follows:
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall
be adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of .Eilly Thousand and 00/100 Dollars ($ 50.000.00 ) shall be made upon execution of this
Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment.
Subsequent payments tor services shall be made monthly, and where applicable, shall be in proportion to services performed on
tbe basis set forth in this Agreement.
1.5.8 Payments are due and payable.1.bl.!1y (30 ) days fi'om the date of the Architect's invoice. Amounts unpaid 1hl!1y one (
AlA DOCUMENT BI41-STANDARD FORM AGREEMENT - 1997 EDlTION - AlA - COPYRIGHT ]997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
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violator legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date ofexpiralion
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ID days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
(Uswy laws and requirements under the Federal Truth in Lending Act, similar slate and local consumer credit laws and other regulations althe Owner's and
Architect's principal places of business, the localion of the Projecl and elsewhere may affecl the validity of this provision. Specific legal advice should be
obtained wilh respect to deletions or modifications, and also regarding requiremellls sllch as written disclosures or waivers.)
1.5.9 If the services covered by this Agreement have not been completed withi twenty
through no fault of the Architect, extension of the Architect's servi
Paragraph 1.5.2.
reen ent entered into as of the day and year first written above.
) months of the date hereof,
ompensated as provided in
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AlA DOCUMENT BI41-STANOARO FORM AGREEMENT - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK A VENUE N. W., WASHINGTON, O.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration
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User Document: 99079-01 -- 11/2/2000. AlA License Number 112581, which expires on 5/7/2001 -- Page #10
Special Terms & Conditions
Article 1.4.2
1.4.2.1 In the event the Architect is required to retain the services of an Attorney to collect any sums due
under the Agreement, the Architect shall be entitled to reasonable Attorney's fee for said Attorney's
services in addition to other sums due under this Agreement. Attorney's fee shall be recoverable by
the prevailing party in any action taken between the parties to the Agreement.
1.4.2.2 Indemnification
The Consultant agrees, to the fullest extend permitted by law, to indemnify and hold harmless the
Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or
costs, including reasonable attorneys' fees and defense costs, to the extent caused by the
Consultant's negligent performance of professional services under this Agreement and that of its
subconsultants or anyone for whom the Consultant is legally liable. Further, the Architect will
redesign, without charge, any corrections required caused by design errors or omissions of the
Architect.
The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Consultant, its officers, directors, employees and sub consultants (collectively, Consultant) against
all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent
caused by the Client's negligent acts in connection with the project and the acts of its contractors,
subcontractors or consultants or anyone for whom the Client is legally liable.
Neither the Client nor the Consultant shall be obligated to indemnity the other party in any manner
whatsoever for the other party's own negligence.
1.4.2.3 The Americans with Disabilities Act (ADA) provides that it is a violation of the Ada to design
and construct a facility for first occupancy later than January 26, 1993, that does not meet the
accessibility and usability requirements of the ADA except where an entity can demonstrate that it
is structurally impractical to meet such requirements. Owner acknowledges that the requirements
of the ADA will be subject to various and possibly contradictory interpretations. The Architect,
therefore, will use its best professional efforts to interpret applicable ADA requirements and other
federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project.
The Architect, however, cannot and does not warranty or guarantee that Owner's project will
comply with all interpretations of the ADA requirements and/or the requirements of other federal,
state and local laws, rules, codes, ordinances and regulations as they apply to the Project.
1.4.2.4 This agreement does not include asbestos/hazardous waste removal, materials testing, state and
local plan check fees and permits. It is understood that any of these services required by the
project will be provided by the Owner and that the Architect agrees to co-ordinate the services of
these consultants, if required.
1.4.2.5 Article 1.3.5, ARBITRATION shall be deleted in its entirety and the following added:
All claims, disputes and other matters in question between the parties to this Agreement, arising
out of or relating to this Agreement or the breach thereof, that cannot be resolved by mediation
will be subject to either arbitration or litigation as mutually agreed by the parties. In the absence
of agreement, the parties hereto agree that litigation in Ada County District Court will be the forum
for resolving the dispute.
1.4.2.6 Architect shall maintain comprehensive general liability and property damage insurance in
conjunction with all services performed under this Agreement, in not less that $1,000,000.00
combined single limit. Architect shall also furnish Owner evidence of automobile liability
insurance of not less than $1,000,000.00 per occurrence, $200,000.00 per individual and
1
$50,000.00 property damage. Architect agrees to furnish Owner evidence of professional liability
insurance including malpractice or errors and omissions coverage in the amount of not less that
$1,000,000.00 each claim and aggregate for personal injury and property damage for the
protection of Owner, its officers, agents and employees against liability for damages because of
personal injury, bodily injury, death or damage to property, including loss of use thereof, and
damages because of negligent acts, errors or omissions in any way related to Architect's
performance of this Agreement. Architect agrees to maintain this professional liability insurance
for the duration of this Agreement and for three years after this Agreement's completion or
termination. Architect shall notify Owner immediately upon notification to Architect that any
insurance coverage required by this paragraph will be canceled, not renewed or modified in any
way.
1.4.2.7 Architect agrees that no person shall, on the grounds of race, color, creed, national origin, sex,
marital status, or age, suffer discrimination in the performance of this Agreement when employed
by Architect.
2
t
Standard Form of Architect's Services:
Design and Contract Administration
AlA Document 8141 -1997
1997 Edition - Electronic Format
This document has important legal conscqucnces. Consultation with an attorncy is cncouragcd with respect to its completion or modification. AUTHENTICATION
or THIS ELECTRONICALLY ORAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 040 I.'
Copyright 1917, 1926, 1948, 1951, 1953, 1958, ]961, 1963, 1966, 1967, 1970, ]974, 1977, 1987, <<:11997 by The Amcrican Institute of Architects. Rcproduction of
the matcrial hercin or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the
violator to lcgal prosecution.
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2.8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the
Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue
progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those
services provided by the Owner and the Owner's consultants.
2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a
Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the
Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of
the Work.
2.1.3 The Architect shall consider the value of alternative materials, bui Iding systems and equipment, together with other
considerations based on program, budget and aesthetics in developing the design for the Project.
AlA OOCUMENT BI41-STANDARO FORM SERVICES - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMER]CAN ]NSTITUTE OF ARCHITECTS, 1735
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Electron ic Format B 141-1997
2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to
representatives of the Owner.
2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of
evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further
development of the design.
2.1.6 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.
2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the
Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design
process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the
preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of
the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's
estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the
Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such
adjustments.
2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated
estimates of the Cost of the Work 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 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 budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by
the Architect.
2.1.7.3 In preparing estimates of the Cost of the Work, 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 may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of
the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor
causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly.
2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to
the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the
construction industry.
2.1.7.5 lfthe budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Subparagraph 1.3.8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
2.1.7.6 ]f the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify
the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of
the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The
Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not
construction is commenced,
AlA OOCUMENT BI4J-STANOARO FORM SERVICES - 1997 EOITION - AlA - COPYRIGHT 1997 - THE AMERICAN ]NSTITUTE OF ARCHITECTS, 1735
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ARTICLE 2.2 SUPPORTING SERVICES
2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the
Owner's consultants and contractors.
2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including
space requirements and relationships, special equipment, systems and site requirements.
2.2.1.2 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.
2.2.1.3 The Owner shall furnish services of geotechnical engineers which may 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 rep0l1s and appropriate recommendations.
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement,
including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The
Architect shall review such information to ascel1ain that it is consistent with the requirements of the Project and shall notify the
Owner of any other in formation or consultant services that may be reasonably needed for the Project.
2.3.2 The Architect shall provide a preliminmy evaluation of the Owner's site for the Project based on the information
provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work.
2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notifY the
Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope
of the Project.
ARTICLE 2.4 DESIGN SERVICES
2.4.1 The Architect's design services shall include normal civil._structural, mechanical and electrical engineering services,M.
well as landscape desi~n services.
2.4.2 SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and
budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and
relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and
preliminalY building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study
models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building
systems and construction materials shall be noted on the drawings or described in writing.
2.4.3 DESIGN DEVELOPMENT DOCUMENTS
2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and
updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the
design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections
and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include
specifications that identifY major materials and systems and establish in general their quality levels.
AlA DOCUMENT B141-STANOARD FORM SERVICES - 1997 EOITION -AlA - COPYRIGHT 1997 - THE AMERJCAN INSTITUTE OF ARCHITECTS, ]735
NEW YORK A VENUE N. W., WASHINGTON, O.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator
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Electron ie Format B 141-1997
2.4.4 CONSTRUCTION DOCUMENTS
2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and
updated budget tor the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction
of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of
materials and systems required for the Project
2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and
preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or
proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for
Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes
the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms.
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the
Owner in awarding and preparing contracts for construction.
2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors.
2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or
proposal, if any. If requested by the Owner, the Architect shall notifY all prospective bidders or contractors of the bid or proposal
results.
2.5.4 COMPETITIVE BIDDING
2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and
Supplementary Conditions, Specifications and Drawings.
2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for
distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for
such expenses.
2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their
return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of
deposits, if any, received from and returned to prospective bidders.
2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and
distribute addenda identifYing approved substitutions to all prospective bidders.
2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for
prospective bidders.
2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda.
2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The
Architect shall subsequently document and distribute the bidding results, as directed by the Owner.
2.5.5 NEGOTIATED PROPOSALS
2.5.5.1 Proposal Documents -sflaU -€6fl54st -e.f -J*6I3esat requirements, proposed contract -ffiFms.; General Conditions-afl€l-.
Supplementary Conditiofl5;--Sj3ecificatiolls and Drawings.
2.5.5.2 If requested -by -tfle. Owner, -tfle Architect -sflaU arran;e -fef procuring -#Ie reproduction -e.f Proposal Documents--fuf-
distribution to prospecti'l8-6lWtfactors. The-Gwaer-sflaU-pay directly -feF-.t:Ire cost of reproductiofl-ef-sflaU reimburse-the .^.rchitect
for such expenses.
AlA DOCUMENT BI41-STANDARD FORM SERVICES. 1997 EDITION. AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
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below.
Electronic Format B141-1997
2.5.5.3 If requested by the Owner, the ,^.rchitect shall organize and pm1icipate iR selection intervie'Ns with prospectiye .
2.5.5.4 +he f.rchitect-sWlt consider requests-fuJ: substitutions,-if permitted-l3y4e Proposal Documents,-ilflEl-sflaU prepare-tltHi-
distribute addenda identifYing approved sl:lbstitutions to all prospective contractOffi-
2.5.5.5 If requested -l3y4e-Q.>..>mer,-4e {\rcJ:1itect-sWlt-asstst-4e~-ffiIRH.g ne;;otiations-witR prospective cOfltractors.--+H&
f.rchitect shall subsequently prepare a summary report orthe negotiation results, as directed by the OYine!".
ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES
2.6.1 GENERAL ADMINISTRATION
2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set fOl1h below and
in the edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of 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 consistent with this Agreement or approved in writing by the Architect.
2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement conunences with
the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment.
However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract
Administration Services extend 60 days after the date of Substantial Completion of the Work.
2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the
Contract Administration Services. 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.
2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted,
modified or extended without written agreement of the Owner and Architect wiffi consent-e:f-4e--Gentl'aaer,-wIHBR consent-will-
not be unreasonably withheld.
2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the
Contract Documents, A properly prepared request for additional information about the Contract Documents shall be in a form
prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the claritication requested.
2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute
supplemental Drawings and Specifications in response to requests for information by the Contractor.
2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and
requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferablefi'om 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 the results of interpretations or decisions so rendered in good faith.
2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and
Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall
be final if consistent with the intent expressed in the Contract Documents.
2.6.2 EVALUATIONS OF THE WORK
2.6.2.1 The Architect, as a representative of the Owner, shall visitthe site at intervals appropriate to the stage of the Contractor's
operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) 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 fully completed, will be in accordance with the Contract Documents. However, the Architect shall
AlA OOCUMENT BI41-STANOARO FORM SERVICES - 1997 EOITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK A VENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subjcct the violator
legal prosecution. This documcnt WllS electronically produced with permission ofthe AlA and can bc reproduced without violation until the date of expiration as noted
below.
Electronic FOlmat B141-1997
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.
2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent
construction schedule submitted by the Contractor. However, 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
Architect's 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,
2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have 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. Communications by and with the Architect's consultants shall be through the Architect.
2.6.2.5 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 will 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 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 or entities performing p0l1ions of the Work.
2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such
amounts. 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 Paragraph 2.6.2 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 (1) to an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, (2) 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.
2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaustive or
continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed 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.
2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
2.6.4 SUBMITTALS
2.6.4.1 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 accuracy and completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or perfonnance 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 any construction means, methods, techniques, sequences or procedures. The
Architect's approval ofa specific item shall not indicate approval of an assembly of which the item is a component.
AlA DOCUMENT BI41-STANOARO FORM SERVICES -1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., W AS HlNGTON, D.C. 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and will subject the violator
legal prosecution. This document was electronically produced with permission of the AlA and can bc reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1997
2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance
with the requirements ofthe Contract Documents.
2.6.4.3 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 perfonnance and design
criteria that such services must satisl}r. Shop Drawings and other submittals related to the Work designed or certified by the
design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect.
The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals
performed by such design professionals.
2.6.5 CHANGES IN THE WORK
2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution
in accordance with the Contract Documents, The Architect may authorize minor changes in the Work not involving an adjustment
in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If
necessmy, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added,
deleted or modified, as provided in Paragraph 2.8.2.
2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work,
including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be
accompanied by suffIcient supporting data and information to permit the Architect to make a reasonable determination without
extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes
in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a
minor change in the Work or recommend to the Owner that the requested change be denied.
2.6.5.3 If the Architect determines that implementation of the requested changes would result in a materia] change to the
Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the
Owner, who may authorize fwiher investigation of such change. Upon such authorization, and based upon information furnished
by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including
any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall
incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with
the Contractor.
2.6.5.4 The Architect shall maintain records relative to changes in the Work.
2.6.6 PROJECT COMPLETION
2.6.6.1 The Architect shall conduct inspections to determine the date or 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 afina] inspection indicating the Work complies with the requirements of the Contract Documents.
2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the
Work with the requirements of the Contract Documents and to verity the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the
Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the
Work.
2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to
reduction in or pmtial release of retain age or the making of final payment and (2) affidavits, receipts, releases and waivers of Hens
or bonds indemnifying the Owner against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial
AlA OOCUMENT B141-STANOARO FORM SERVICES. 1997 EDITION. AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator
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below.
Electronic Format B141-1997
Completion to review the need for facility operation services.
2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantia.! Completion, the
Architect shaU conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and
performance and to make appropriate reconunendations to the Owner.
ARTICLE 2.8 SCHEDULE OF SERVICES
2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change
in Services in accordance with Paragraph 1.3.3:
.1
up to two (z ) reviews of each Shop Drawing, Product Data item, sample and similar submittal ofthe Contractor.
.2
up to twenty-four (24 ) visits to the site by the Architect over the duration of the Project during construction.
Insert A:
Insert B:
Insert c:
Insert D:
Insert E:
uo to eiaht (8) visits to the site bv the Structural Enaineer over the duration of the Proiect durina construction
uo to twelve (12) visits to the site bv the Mechanical Enaineer over the duration of the Proiect durina construction.
uo to twelve (12) visits to the site bv the Electrical Enaineer over the duration of the Proiect durino construction
uo to six (6) visits to the site bv the Civil Enaineer over the duration of the Proiect durina construction.
UD to two (2) visits to the site bv the LandscaDe Desianer over the duration of the Proiect durina construction.
.3 up to one (1 ) inspections for any pOltion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents.
.4 up to one (1 ) inspections for any portion of the Work to determine final completion.
2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in
accordance with Paragraph 1.3.3:
.1 review ofa Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect;
.2 responses to the Contractor's requests for information where such information is available to the Contractor from a
careful study and comparison of the Contract Documents, field conditions, other Owner-provided information,
Contractor-prepared coordination drawings, or prior Project correspondence or documentation;
.3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or
revision of Instruments of Service;
.4 providing consultation concerning replacement of Work resultingfi'om fire or other cause during construction;
.5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in
connection with the Work;
.6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to
Instruments of Service resulting therefrom;
.7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or
.8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work.
Insert_L___~_ Providinq.illY other services not otherwise included in this Aqreement or not customarilv furnished in
accordance with generally accepted architectural practice.
AlA DOCUMENT BI41-STANDARO FORM SERVICES - 1997 EOlTlON - AlA - COPYRJGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON, o.c. 20006-5292. WARNING: Unliccnsed photocopying violates U.S. copyright laws and will subject the violator
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below.
Electronic Format B] 4] -1997
Services
2.8.3 The Architect shall furnish or provide the following services only if specifically designated:
.1 Programming
.2 Land Survey Services
.3 Geotechnical Services
.4 Space Schematics/Flow Diagrams
.5 Existing Facilities Surveys
.6 Economic Feasibility Survey
.7 Site Analysis and Selection
.8 Environmental Studies and Reports
.9 Owner Supplied Data Coordination
.10 Schedule Development and Monitoring
.11 Civil Design
.12 Landscape Design
.13 Interior Design
.14 Special Bidding or Negotiation
.15 Value Analysis
.16 Detailed Cost Estimating
.17 On-Site Project Representation
.18 Construction Management
.19 Start-up Assistance
.20 Record Drawings
.21 Post-Contract Evaluation
.22 Tenant-Related Services
.23 Food Service Design
.24 LaundlY Design
.25 Phone/Data System Design
Description of Services.
(Imer! descriptions of the services designated.)
Respons ib ility
(Archilect, Owner or Not Provided)
Location of Service
Description
Architect
Architect
Architect
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Architect
Architect
Architect
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Not Provided
Architect
2.2.1.1
2.2.1.2
2.2.1.3
2.1.2
2.4.1
2.4.1
ARTICLE 2.9 MODIFICATIONS
2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract
By its execution, this Standard Form of Architect's Services: D
incorporated into the Standard Form of Agreement Between tl
ent by the parties as of the date:
odifications hereto are
ent BI41-1997, that was
Russell B. Moorhead, AlA - Treasurer
(Printed name and title)
Electronic Format B141-1997
Meridian City Council Meeting
November 8. 2000
The regularly scheduled City Council Meeting of the Meridian City Council was
called to order by Mayor Robert D. Corrie at 7:38 on Wednesday, November 8,
2000.
Members Present: Robert Corrie, Keith Bird, Tammy de Weerd, Cherie
McCandless, Ron Anderson.
Others Present: Bill Nichols, Gary Smith, Shari Stiles, Bill Musser, Steve
Siddoway, Ken Borup, Tom Kuntz, Will Berg.
Corrie: I'll open the Meridian City Council Meeting at 7:38 on November 8, 2000,
and at this time, I'll have the City Clerk do roll-cal.
Item A.
Item B.
Item C.
Item D.
Item E.
Item F.
Item G.
Item H.
Item I.
Approve minutes of September 13, 2000, Special City Council
Meeting:
Approve minutes of September 19, 2000, City Council Meeting:
Approve minutes of October 3,2000, Special Pre-Council Meeting:
Approve minutes of October 3, 2000, City Council Meeting:
Approve minutes of October 17, 2000, Special Pre-Council
Meeting:
Approve minutes of October 17, 2000, City Council Meeting:
Tabled from October 17, 2000: Findings of Facts and
Conclusions of law: CUP 99.039 Request for Conditional Use
Permit for planned unit development including continuing care
retirement community, single- and multi-family residential and office
and retail use by Touchmark Living Centers - Joseph A. Billig-
east of S1. Luke's between Franklin Road and Interstate 84:
Tabled from October 17, 2000: Findings of Facts and
Conclusions of law for Approval: AZ 00-006 Request for
annexation and zoning of 12.73 acres from R-T to L-O and R-15
zones by Vicki Welker I Gold River Companies, Inc., for proposed
Valeri Heights Subdivision - northeast corner of Pine Avenue
and Ten Mile Road:
Tabled from October 17, 2000: Findings of Facts and
Conclusions of Law for Approval: PP 00-005 Request for
Preliminary Plat approval for proposed Valeri Heights Subdivision
Meridian City Council Meeting
November 8, 2000
Page 2
Item J.
Item K.
Item L.
Item M.
Item N.
Item O.
Item P.
Item Q.
with 10 building lots and 2 other lots on 12.73 acres in proposed L-
a and R-15 zones by Vicki Welker / Gold River Companies, Inc. -
northeast corner of Pine Avenue and Ten Mile Road:
Tabled from October 17, 2000: Findings of Facts and
Conclusions of Law for Approval: CUP 00~014 Request for
Conditional Use Permit for proposed Valeri Heights Subdivision
for a 128-unit apartment complex, townhouses and office on 12.73
acres in proposed L-O and R-15 zones by Vicki Welker I Gold River
Companies, Inc. - northeast corner of Pine Avenue and Ten Mile
Road:
Findings of Facts and Conclusions of Law: V AC 00-008
Request for vacation of the easement common to lots 14, 15, 18
and 19 of Block 2 in Honor Park Subdivision No.3 in a C-G zone
by Briggs Engineering - south of Franklin Road abutting the west
side of Stratford Drive generally between Scenery Lane and
Schiller Lane:
Findings of Facts and Conclusions of Law: VAR OO~018
Request for variance to the current Landscaping Ordinance to
permit landscaping in compliance with the proposed Landscaping
Ordinance by Power Engineers c/o Micron Technology d/b/a
Crucial Technology - off Eagle Road between Franklin Road and
Fairview Avenue:
Findings of Facts and Conclusions of Law: CUP OO~045
Request for a Conditional Use Permit to allow a telephone call
center in an I-L zone by Power Engineers c/o Micron Technology
d/b/a Crucial Technology - off Eagle Road between Franklin
Road and Fairview Avenue:
Development Agreement: AZ OO~013 Request for annexation
and zoning of 5.4 acres for proposed Elliot Industrial Park
Subdivision for office and shop in an I-L zone by Chuck Elliot, The
Elliot Group - south of Fairview Avenue and east of Locust Grove
Road on Wilson Lane:
Ashford Greens NO.4 Streetlight Agreement:
Approve Bills:
Meridian Ten Mile Fire Station Contract Materials Testing and
Inspection Contract:
Meridian City Council Meeting
November 8, 2000
Page 3
Item R.
Architect Service Contract for Police Station with Lombard Conrad
Architects:
Council, you have the Consent Agenda in front of you. What is your pleasure on
that?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Item G, the Findings of Facts and Conclusions of Law for Touchmark Living
Centers is still not completed. I would move that we table that to December 191
2000. Items H, I and J1 the Valeri Heights, I move that we move them to Items
1 H, 11 and 1 J in the Regular Agenda. Item R, the architect service contract for
police station with Lombard Condrad Architects - I would like to move that to
regular item 1 R. With thatl I would move that we approve the Consent Agenda
as it stands.
De Weerd: Second.
Corrie: Motion made and seconded to approve the Consent Agenda with the
correction of Item G to be tabled until December 19, 2000 and H, I and J be
moved to the first item on the Regular Agenda along with Item R. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Item 1H.
Tabled from October 17, 2000: Findings of Facts and
Conclusions of Law for Approval: AZ OO~006 Request for
annexation and zoning of 12.73 acres from R- T to L-Q and R-15
zones by Vicki Welker I Gold River Companies, Inc., for proposed
Valeri Heights Subdivision - northeast corner of Pine Avenue
and Ten Mile Road:
Corrie: The first item on the Agenda is 1H, which is tabled from October 17,
2000 - the Findings of Facts and Conclusions of Law for approval of the
annexation and zoning of Valeri Heights Subdivision. At this time, I'll open it for
discussion on the Findings and Facts on Item H.
De Weerd: Do you want to ask staff first?
Corrie: Yes, I will. Staff comments first.
Stiles: Mr. Mayor and Council, I don't have my file that - what all the issues are.
I know we had asked for some changes to the Findings and apparently the