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HomeMy WebLinkAboutAgreement with ZGA Architects for Fire Station on Franklin Rd1 9 9 7 E D I T I O N AIA DOCUMENT B141-1997 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services AGREEMENT made as of the Twelf'th`. ` day of February in the year Nineteen Hundred and Ninety Nine. (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) McY'i di an Fire Department c/o The City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 and the Architect: (Name, address and other information) ZGA Architects and Planners, Chartered 815 Park Boulevard, Suite 350 Boise, Idaho 83712 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 13 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION For the following Project: (Include detailed description of Project) Architectural and Engineering Services required for the design, construction documentation, bidding and construction administration for a new fire station of approximately 11,000 s.f. on an identified site of approximately 2 acres east of Meridian Road and on the north side of ~ mm= Franklin Road. \\~,~,/~~/, .~. .~. INITIAL ~ ~~~,~~~ . •~.. IIIIIIIIIIIIIII~ The Owner and Architect agree as follows. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ©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 prosecu- tion. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. X1997 AIAB AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) A new fires station for the City of Meridian of approximately 11,000 s.f. to accommodate three (3) drive through truck bays. 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The site consists of ± two (2) vacant acres on Franklin Road across from the Cemetary. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The Architect shall develop construction documents based upon information gathered in meetings with the station users to confirm the preliminary plan developed by the Owner. 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) Legal description to be provided by the Owner, level one site survey to be provided by the Owner. 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: To be determined. .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: Not to exceed $950,350.00 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) The Bid Documents are to be completed no later than 30 April 1999. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Public Bid. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) Not Applicable INI AL" , WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal pr secution. IIII p O C. .b OO ~.~0 0 ©1997 AIAO AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Mr. Ron Anderson, Meridian City Council Member. Mr. Kenny Bowers, Fire Chief. 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Not Applicable 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) Not Applicable 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Paul D. Marcolina, AIA 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Civil Engineer -Pinnacle Engineers, 870 N. Linder, Suite B, Meridian, Idaho 83642 Structural Engineer -Pinnacle Engineers, 870 N~..Linder, Suite B, Meridian, Idaho 83642 Mechanical Engineer -Musgrove Engineering, 410 South Orchard, Suite 184, Boise, Idaho 83705 Electrical Engineer - Eidam and.`Associates, 815 Park Boulevard, Suite 230, Boise, Idaho 83712 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 AIA Document A201 current as of the date of this Agreement, or as follows: Not Applicable 1.1.6 The information contained in this Article 1.1 maybe reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, 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• • STANDARD FORM AGREEMENT 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 to legal prosecution. ©1997 AIAO AIA DOCUMENT B141-1997 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 >5 days after receipt of a 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 i.i.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 i.i.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 reports 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 necessary 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. 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 i.4. 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 i.i.z.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, for 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. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. i~~l 0 0 o. b oo.~A.ao C~ ©7997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.2.3.3 The Architect's Designated Representative identified in Paragraph i.i.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality 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 from establishing a claim or defense in an adjudicatory 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 of the 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. 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 of the 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 ~ I I I 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, p1997 AIA® AIA DOCUMENT 8141-1997 13.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive STANDARD FORM AGREEMENT 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, The American Institute including prompt payment of all sums when due, under this Agreement. The Architect shall 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 to legal prosecution. prepared by the Architect and the Architect's consultants are Instruments of Service for use sole- 0 0 ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the oo•~ o° authors and owners of their respective Instruments of Service and shall retain all common law, ~ statutory and other reserved rights, including copyrights. obtain similar nonexclusive licenses from therior tolcompletion of the Project shall t rminate Agreement. Any termination of this Agreement p this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the esshoncor control. If and upon the date the originals and reproductions in the Owners poss Architect is adjudged in default of this ~''g lusive license permottin g lthe sOwnerl toea uthorize terminated and replaced by a second, nonex other similarly credentialed design professio hesln truments of Srvicersolely forep uposes of make changes, corrections or additions to t completing, using and maintaining the Project. delegate, 1.3.2.3 Except for the licenses granted in Subpae~ nt hThe Ownert shallcnot ass fight shall e deemed granted or implied under this Afire sublicense, pledge or otherwise transfer any license granted herein to another party without the rior written agreement of the Architect. Howeve~st and matenall or equipment sup lierstho P Contractor, Subcontractors, Sub-subcontracto re roduce aplicable portions of the Instruments era ra h i.3 2 Zr S bmissoon orf distributioneof P execution of the Work by license granted in Sup g P Instruments of Service to meet official regulaed asreublicati resin derogat on of the reserved connection with the Project is not to be constru P rights of the Architect and the Architect's c to this ProjecteorOfor other projects, unless the Owner of Service for future additions or alterations obtains the prior written agreement ofServei e shall be the Owncerlsesole rok and without unauthorized use of the Instruments of liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Oa neelect on crdata foroncorporation into the form or the Owner providing to the Architect y Instruments of Service, the Owner and the Architecc~ Instbrumentstof Service or electronic data, the specific conditions governing the format of su 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 Architecutionlof this Agreement without inval dathng the consultants, may be accomplished after exe 2 In the Agreement, if mutually agreed in writing ffected asdescribed maSubpar g~aphh 3.3A.rc ltect s control, or if the Architects services are a absence of mutual agreement in writingllto ea artlof suchlChange in SeOrvices is not requiored> the such services. If the Owner deems that a P Change Owner shall give prompt written notic t for a hange due to the fault of t leeArchitect, eve n t obligation to provide those services. Excep z and in Services of the Architect shall entitle the blehExeCenses d ecribed nn1Subparagraph >,.3 ~rsuan IIII to Paragraph i.5.2, and to any Re>mbur P o Paragraph i.5.5• ~• ° f the following circumstances affect the Architectri theV1Architectses hedule o~~ 1.3.3.2 If any o ro riate adjustment 1 ©~ 9 9 7 AIA the Architect shall be entitled to an app P AIA DOCUMENT 8141-1997 and compensation: STANDARD FORM .1 change in the instructions or approvals given by the Owner that necessitate revisions >n AGREEMENT Instruments of Servlce; The American Institute a enactment or revision of codes, laws oeaeg strulments off Service;terpretations whic of Architects necessitate changes to previously prepa 1735 New York Avenue, N.W Washington, D.C. 20006-529 _.___......,e „elates U.S. copyright laws and will subject the violator to legal prosecution. .3 decisions of the Owner not rendered in a timely manner; .a significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .s failure of performance on the part of the Owner or the Owner's consultants or contractors; .s preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article >.i. 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 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 6o 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 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 1.3.4• 1.3.5.2 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. ~ ~ ~ ~ 1.3.5.3 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 o, o o° o the date when institution of legal or equitable proceedings based on such claim, dispute or other o.~ o ~ matter in question would be barred by the applicable statute of limitations. ©1997 AIA® AIA DOCUMENT B141-1997 1,3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation STANDARD FORM AGREEMENT or joinder or in any other manner, an additional person or entity not a party to this Agreement, ecific reference to this Agreement and signed by the a s nsent containin itt t b The American Institute g p en co y wr excep Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration of Architects involving an additional person or entity shall not constitute consent to arbitration of any claim, 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 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. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph i.3.8. 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 >.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document Azoi, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 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 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 AIA Document Azoi, 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,ofthe 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. .~. •. .. • ~ .I_~ .. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. sill °a'ccA o° 0 ©1997 AIAB AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least i4 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 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such 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 go 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 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. (lll 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 o, o then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. o. o 00 ~,QO 0 ©1997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT _c '~"'~"~ ~"`~'~ ~~~'~~`~~` INITIAL 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 to legal prosecution. 1,3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services ~e ~chtects statementof servicespNo deductions shall be made monthly upon presentation of t be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in add' tl and Architectsstemployeeseandc consultant ldirectldy include expenses incurred by the Archl 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; .i fees paid for securing standard formhdocumentsnpostagelchandl ng tand del very of s reproductions, plots, Instruments of Service; .a expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; s renderings, models and mock-ups requested by the Owner; s expense of professional liabil'ce covera eco rimlts requested by the Owneron ex ess of expense of additional lnsuran g that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5 .a other similar direct Project-related expenditures. 1.3.9.3 Records of Reimbursable Expensesrat s oIr a mul ple of Direct Personnel Expense shal be services performed on the basis of hourly available to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined of the d ost t of lthei manda ory 1 ands customary engaged on the Project and the portion contributions and benefits relsick leaveetholidays,avacations, employees retiementrplans and employee benefits, insurance, similar contributions. ARTICLE 1.4 SCOPE OF of PaCEs of the0 Age ementAThERAgreemOentOrNpreseONSthe entire and 1.4.1 Enumeration integrated agreement between the O r written oheoralhThis Agre ment may be amendedtonly by representations or agreements, elth written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997• i~~l 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA o 0 °O'G~~A o0 Document B141-1997, or as follows: 0 (List other documents, if any, delineating Architect's scope of services.) O ~ y y ~ Ain ~ AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ....euiur.• unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1.4.2 Special Terms and Conditions. Special terms and conditioris that modify this Agreement are as follows: Not Applicable ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article >.4, compensation shall e computed as follows: Compensation shall be Sixty Five Thousand Dollars allocation of progress payments by service phase. ($65,000.00)• Refer to Article 2.9 for 1.5.2 If the services of the Architect are changed as described in Subparagraph i.3.3.1~ the Architect's compensation shall be adjusted. Sui atedj in thist Parag apha>.5.2a in an equitablde below or, if no method of adjustment >s ind manner. (Insert basis of compensation, includingQa~es ~~~oyees~f req~iDdeldentify specific service to which partnc- employees, and identify Principals and fY ular methods of compensation apply.) 1.5.3 For a Change in Services of the Architect's con 115% is )times thel amount sbilled to the as a multiple of pne Hundred Fifteen Percent Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph '<.3.9.2, and any other items included in Paragraph >.5.5 as Reimbursable Expenses, the compet>mes the expensesnincured by ( 110% ~ multiple of One Hundred Ten Percent ~ ~ I I the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: 0000 Not Applicable INITIAL ©1997 AIAB AIA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-529: photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of zero Dollars ($ 0.00 )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 for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable Thl rty ( 30 )days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 )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.) One and One Half Percent per month (18% per annum) to be applied to the unpaid portion of payments thirty (30) days after invoice date. Payment shall be applied to interest first, ,then to principal. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifica#ions, and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within Ei hteen , ( 18 )months of the date hereof, through no fault of the Architectg extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. Tfje.~City of Meridian ZGA A~tects and Planners, Chartered _ .~- 0 X11/ N E R (Signature) ARCHITECT Mayor Robert D. Corrie Paul D. Marcolina, AIA Corporate Director (P nted name and title) ~~~~ttttttittttT~r~(Printed name and title) f f~tf -~.. ®~. 'PA,+, City C erk Signature ~ ~"~, CAUTION: You should sign a~origi al A7A t or a 'censer reproduction. Originals contain theAlA logo ~ l' printed in red; licensed reprsducti ns are~~~~uced acc~T-dance with the Instructions to this document. ~~r,11J/',~ Wi 11 i am G. Berg, Jr. "; ~~'p ~ ~ ~ ~ ~~~~~ js~~ . g ~`~ •ii~r+~• t~ r/~~/ ~ ~ ~ ~ ,~ ~C~t V~`~ . ~~t~~~e ©1 9 9 7 AIA 7~~~ry+t~ titttt~~sti AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT 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 to legal prosecution. 1 9 9 7 E D I T I O N AIA DOCUMENT Standard Form of Architect's Services: Design and Contract Administration 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 MODI'FICAT'IONS Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1967, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ©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 prosecu- tion. .... _.....~..._„_____~ _~...«.,..,...,:.,e ~s„iAr.,~ u.s. coovrieht laws and will subject the violator to legal prosecution. B141-1997 This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ~~ ~`~-~'~ ~.~j~~~~ ~~ i~~ ~~ p1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. 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. 6 The Architect shall assist the Owner in connection with the Owner's responsibility for 2 1 . . 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 1 When the Project requirements have been sufficiently identified; the Architect shall 7 1 2 . . . prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current volume or similar conceptual estimating techniques. As the design process progresses area , 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 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of 1 7 2 . . . 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 ~1~~ recognized, however, that neither the Architect nor the Owner has control over the cost of labor, 0 o materials or equipment, over the Contractor's methods of determining bid prices, or over the Architect cannot and l Accordin diti $o,~ oo o y, g ons. competitive bidding, market or negotiating con does not warrant or represent that bids or negotiated prices will not vary from the Owner's p 1 9 9 7 A I A ® budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or AIA DOCUMENT 8141-1997 agreed to by the Architect. STANDARD FORM SERVICES 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 to legal prosecution. 2.1.7.3 In preparing estimates of the Cost of then a°ontto det Amine what mate als,equipment, contingencies for design, bidding and price esc component systems and types of construcotioe of th eProjectd and toeinclude cinnthe Contract make reasonable adjustments m the p Documents alternate bids as may be necesosrk If anal c ease mtthe Contract Sum occurring after the Owner's budget for the Cost of the W execution of the Contract between the Owa 1 be inc eased accordingly.es the budget for the Cost of the Work to be exceeded, that budget sh 2.1.7.4 If bidding or negotiation has not Commteheeb dgetl ford he Costrof the cWork shalhbe the Construction Documents to the Owne , adjusted to reflect changes in the general level of prices in the construction industry. 2.1.7.5 If the 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; s terminate in accordance with Subparagraph 1.3.8.5, or .n cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. • 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents are for the Cost of the WorkSThesmodificat on of Agreement as necessary to comply with the bu g such documents shall be the limit of the Archite accordance iwlith hi sAgreementg or all services Architect shall be entitled to compensation m performed whether or not construction is commenced. es in this Article 2.2 shall e ARTICLE 2.2 SUPPORTING SERVICES 2.2,7 Unless specifically designated in Par g nis and contractors r the Owner s consu ~(d~T~l~L provided by the Owner o chedule i ' , ves, s s object ro ram setting forth -the Owner 7.1 The Owner shall furnish a p g ts and relationships, special equipment, 2 2 . . onstraints and criteria, including space requiremen c systems and site requirements. legal limitations and tics i , s Ch1 #reshall furnish surveys to describe physical character 2.1.2 The 2 it T e . pavements alleys utility locations for the site of the Project, andabler rades and 1 nes of streets, l g and legal information shall include, as app and structures; adjacent drainage; rights-of-way, restrictions, eas dimen~ ert y and adjoining prop o zoning, deed restrictc rovements and trees; and ts h o j ~ I I t , men , other mp encroac io existing buildings d sions and necessary data with respe b l t i ° ferenced hall be r surv information concerning available utility seAll theinfor on the mation th d d o •o ~~ ep below grade, including inverts an O to a Project benchmark. ineers which n l i t t s o i 9 9~ AIA AIA DOCUMENT 8141-1997 e g ca evalua s 2.2.7.3 The Owner shall furnish services of geotechn e colation i f soil bearing values, p i STANDARD FORM ons o limited to test borings, test pits, determinat d corr 1O ry i e ns ons dat bons of hazardous materials, groun Vith repors and appropriate recomm ating subsoil condltio tici f The American Institute f Architects p or an operations o 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 _.....~_ .._„___.~ .,ti.,rocoovine violates U.S. copyright laws and will subject the violator to legal prosecution. 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 ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary 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 structural, mechanical and electrical engineering 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 preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or com- binations 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 ;1 and establish in general their quality levels. 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 for the Cost of the Work. The Construction (ICI 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 ~. o quality levels of materials and systems required for the Project. o. c ooOo 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the ®1 9 9 7 A I A ® Owner in the develo ment and re aration of: 1 bidding and procurement information which AIA DOCUMENT 8141-1997 P P P ( ) STANDARD FORM describes the time, place and conditions of bidding; bidding or proposal forms; and the form of SERVICES 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 American Institute the Project Manual that includes the Conditions of the Contract for Construction and of Architects 1 1735 New York Avenue, N.w. Specifications and may include bidding requirements and sample forms. Washington, D.C. 20006-5292 ~ WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 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 con- tractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determi- nation of the successful bid or proposal, if any. If requested by the Owner, the Architect shall noti- fy 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 INI IAL IIII p O C. .O ~OCCAO~ l~ ©1997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM SERVICES • 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 to legal prosecution. 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 forth below and in the edition of AIA Document Azoi, 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 commences 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 6o 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 dur- ing 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 with consent of the Contractor, which 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 clarification 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. IIII 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of-and c. o reasonably inferable from the Contract Documents and shall be in writing or in the form of 00 ~ o° drawings. When making such interpretations and initial decisions, the Architect shall endeavor to r~ secure faithful performance by both Owner and Contractor, shall not show partiality to either, ©1 9 9 7 A i A ® ,.. and shall not be liable for the results of interpretations or decisions so rendered in good faith- AIA DOCUMENT B141-1997 STANDARD FORM SERVICES 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 The American Institute Architect's decisions on matters relating to aesthetic effect shall be final if consistent with •the of Architects 1735 New York Avenue, N.W. intent expressed in the Contract Documents. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 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 2.8, (i) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (z) 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 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 portions 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 pro- I I II vided 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 knowl- o a edge, information and belief, the quality of the Work is in accordance with the Contract °ooo Documents. The foregoing representations are subject (i) to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, (2) to results of subse- AIA DOCUMENT 8141-1997 quent tests and inspections, (3) to correction of minor deviations from the Contract Documents STANDARD FORM prior to completion, and (4) to specific qualifications expressed by the Architect. SERVICES 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 to legal prosecution. 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (>) 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 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 any 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. 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 of the 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 performance and design criteria that such services must satisfy. 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 (III extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to o, o describe Work to be added, deleted or modified, as provided in Paragraph z.8.2. o. o 00 ~,oo C~ 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor ©1 9 9 7 A I A ® for changes in the Work, including adjustments to the Contract Sum or Contract Time. A AIA DOCUMENT 8141-1997 STANDARD FORM Properly prepared request for a change in the Work shall be accompanied by sufficient support- SERVICES ing 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 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 to legal prosecution. 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 material 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 further 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 a final 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 verify 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: (i) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens 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 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 Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. III o c d. b ~~0 ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM SERVICES The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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 Not Applicable ( )reviews of each Shop Drawing, Product Data _ item, sample and similar submittal of the Contractor. .z up to Not Applicable ~ ~ V1J1~~ ~~ ~~~~ °~~~ ~.7 ~•-~ ----_______ _ _ tion of the Project during construction. .s up to Not Applicable ( )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .a up to NOt Appl l Cabl e ( )inspections for any portion of the Work to deter- mine 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 1.33 .t review of a 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; .s Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .a providing consultation concerning replacement of Work resulting from fire or other cause during construction; .s evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .s evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .~ preparation of design and documentation for alternate bid or proposal requests pro- posed by the Owner; or .s Contract Administration Services provided 6o days after the date of Substantial Completion of the Work. INITIAL IIII 0 0 o. .o 00 ~•o 0 ©1997 AIACS AIA DOCUMENT B141-1991 STANDARD FORN SERVICE`. The American Institute of Architect 1735 New York Avenue, N.w Washington, D.C. 20006-529: WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .~ Programming .2 Land Survey Services NOt rovi ded Architect/Engineer .3 Geotechnical Services er 1 require .4 Space Schematics/Flow Diagrams Ot prOVl .s Existing Facilities Surveys NOt rovi ded .s Economic Feasibility Studies NOt rovi ded .7 Site Analysis and Selection NOt rovi ded .e Environmental Studies and Reports Owner .s Owner-Supplied Data Coordination Owner .lD Schedule Development and Monitoring Not provided n Civil Design c i tect ngi Weer . .12 Landscape Design rC 1 13 Interior Design NOt rovi ded . .14 Special Bidding or Negotiation 1s Value Analysis Not provided Not prOVl ded . .l6 Detailed Cost Estimating Ot prOVl .17 On-Site Project Representation .1s Construction Management Assistance rt-ll St of prove Ot proVl Project En i Weer p a .19 .2o Record Drawings .27 Post-Contract Evaluation 2 Tenant-Related Services Not provided Not Frovi ded of provided .z .23 .24 .25 Description of Services. (Insert descriptions of the services designated.) INITIAL III 0 0 o. o vo.~ 00 0 p1997 AIA® AIA DOCUMENT 8141-1997 STANDARD FORM SERVICES 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 to legal prosecution. ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: 2.4.2 Architect shall confirm and finalize preliminary plan and elevations produced by the Owner to comply with applicable codes and to incorporate any minor modifications to that preliminary plan prior to commencing with Construction Documents. 2.9.1.1 Where compensation is based upon a stipulated sum, progress payment for basic services in each phase shall total the following percentages of the total basic Compensation available: Design Development/Plan Confirmation - 10'~ Construction Documentation Phase - 55% Bidding - 10% Construction A~rrinistration Services - 25% Compensation - 100% By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document Bi4i-1997, that was entered into by the parties as of the date: 12 February 1999. The City of Meridian ZGA Architects and Planners, Chartered O N E R (Signature) C H I T E C T (Sig ature) ~~~~~~ ~~~ . i~ ~~~ ~i i~~ ~~ ..ead~liiEitPti~.. ~ Mayor Robert D. Corrie _~`.~~`;'~ ~ `'' rcol i na AIA Cor orate Ui rector ©~ 9 9 ~ AIA ~~ ~ ~ ~~ d title) AIA DOCUMENT 8141-1997 (Printe name and title) y' ~ ~ ~'' /~` %~, STANDARD FORM /~ `Q ~ SERVICES F i yy Clerk signature ~~~ CAOTION:You should sign a origin _AIA ocum nsed eproc~Ltction. Originals contain theAlA logo of Achrtectsn Institute printed in red; licensed reproductioriz are t produced in a Ance~vith the Instructions to this document. 1735 New York Avenue, N.W. A %~~ y~ T 18~ , .`L/1f®'41/ ~~,ax Washington, D.C. 20006-5292 ~ ~~ ~~~~ Wi 11 i am G. Berg, Jr. , City Cl er i~,~ C'~~,.~Y , `~~.~ ~ ~ 'ARNING: Unlicensed photocopying violates U.S. copyright laws a`htdtwil~ subject the violator to legal prosecution.