HomeMy WebLinkAbout4C - New Fire Station
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
4 (c) f\~
FRANK BOYLES, CITY MANAGER~ {y
CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH BOARMAN, KROOS, PFISTER AND ASSOCIATES, FOR
ARCHITECTURAL SERVICES IN CONNECTION WITH DESIGN AND
CONSTRUCTION OF THE NEW FIRE STATION.
SEPTEMBER 7,1993
Prior to the fire station referendum, the City had worked with the
architectural firm of Boarman, Kroos, Pfister and Associates to prepare
construction costs estimates, site layouts and schematic depictions of the
proposed facility. Boarman, Kroos, Pfister and Associates has extensive
experience in architectural design of fire stations throughout the
metropolitan area.
The City Council has directed the staff to proceed with the steps
necessary to undertake Spring construction of the new fire station
approved by referendum. Accordingly, members of the Fire Building
Committee and I have met with David Kroos and Paul Mickelberg of
Boarman, Kroos, Pfister and Associates in an effort to begin the
schematic design for the facility. Paul Mickelberg is in the process of
updating the time schedule for design and construction.
In order to proceed with these efforts, it is necessary for the City to enter
in to a contract with Boarman, Kroos, Pfister and Associates for
architectural services. I have attached a copy of a standard American
Institute of Architects contract which has been reviewed by the City
Attorney.
The American Institute of Architects is designed to promote the interest of
its members. Consequently, the City Attorney and I have reviewed the
contract language and recommended changes as set forth in the attached
document. I have made an effort to avoid references in the contract to
other free standing documents which may tend to confuse the agreement
or bind the city to obligations it does not desire to enter into. I have also
suggested clarifications where necessary. I have also included in the total
maximum cost for each phase of the architectural services based upon an
already known maximum construction cost.
-1 -
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY E.'-IPLDYER
ALTERNATIVES:
The Council could:
1. Approve the attached Architectural Agreement as is, or in an
amended format.
2. Defer action on the Agreement for additional modification.
3. Direct staff to solicit proposals from other firms.
RECOMMENDATION: Authorize the Mayor and City Manager to enter to the the attached
Agreement as proposed, or with amendments desired by the Council. I
have reviewed the revisions to the standard agreement with David Kroos.
He concurs with my recommendations.
ACTION REQUIRED: Motion as part of the consent agenda authorizing the Mayor and City
Manager to enter into an Agreement for architectural services for the
new fire station with the firm of Boarman, Kroos, Pfister and
Associates.
Attachment
AGN4C.WRT
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August 27, 1993
Mr. Frank Boyles
City Manager
City of Prior Lake
4629 Dakota Street SE
Prior Lake. MN 55372
RE: Owner/Architect Contract Agreement
Dear Frank,
Enclosed is a copy of our Standard AlA B141 Owner-Architect Agreement for the new Prior Lake
Fire Station with the corrections as we have discussed. Please review the contract with your City
Attorney for finalization..
Upon your final approval, we will send out two originals for signature.
We very much appreciate the opportunity to be of further service to the City of Prior Lake, and look
forward to our continued working relationship. If you have any questions, please let me know.
Thank you.
David Kroos
Vice President
Boarman Kroos Pfister Rudin & Associates, Inc.
DK:db
Enclosure: Contract
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THE
AMERICAN
N S T I T U T E 0 F
I
ARCHITECTS
AlA Document 8141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS I,HPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN A TTORNEY IS E!"/COURAGED WITH RESPECT TO ITS COMPLETION OR ,HODIFlCA TlON.
AGREEMENT
made as of the Twenty-Fifth
Nineteen Hundred and Ninety-Three
day of August
in the year of
BETWEEN the Owner:
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
(Same and address)
and the Architect:
Boorman Kroos Pfister Rudin & Associates, Inc.
222 North 2nd Street
Minneapolis. MN 55401
(Same and address)
For the following Project:
(Iru:lude detailed descnption of Project. locatIOn. address and scope.)
New Prior Lake Fire Station
The Owner and Architect agree as set forth below.
Copyright 1917, 1926, 1948, 1951. 1953. 1958, 1961, 1963. 1966. 1967, 1970, 1974, 1977, 181987 by The Amerio.n Institute
of Architects, 1735 New York Avenue, :-I.W., WashingtOn. D.C. 20006. Reproduction of the materi:l.l herein or substantial
quotation of its provisions without written permission of the AlA violates the copyright laws of the Cnited States and will be
subject to legal prosecution.
AlA OOC\JMENT 8141 . OW~ER.ARCHITECT AGREEMENT. FOURTEDiTH EDITION' AlA. . @1987
THE AMERICAN I:-ISTITliTE OF ARCHITECTS. 1735 NEW YORK AVENCE. N.W . ~'ASHINGTON. DC 20006
8141-1987 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prose<:ution.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and ArchitlXt's
consultants as enumer.lled in Articles 2 and 3 of this Agreement
and any other services included in Article 12,
1.1.2 The Architect's services shall be performed as expedi-
tiously as is consistent with professional skill and c:lre and the
orderly progress of the Work. 8pon-rcqtIe3tef-1heBwoet-. the
Architect shall submit for the Owner's approval a schedule for
the perfomlance of the Architect's services which may be
adjusted as the Project proceeds, and shall include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities luving jurisdiction over
the Project. Time limits established by this schedule approved
by the O,;vner shall not, except for reasonable ClLJSe, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagr:lph 11.5. I .
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in ParJgraphs 2,2 through 2.6 and any other services identified
in Article 12 as p:lrt of Basic Services, and include normal Struc-
tural, mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the progr3ll1 furnished by the
Owner to ascertain the requirements of the Project and shall
arrive Jt a mutual understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a prelimin:l0' evaluation of
the Owner's progr3ll1, schedule and construction budget
requirements. each in terms of the other. subject to the limita-
tions set forth in SubparJgraph 52.1,
2.2.3 The Architect shall review with the Owner alternative
approJches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon progr3ll1. schedule
and construction budget requirements, the Architect shall
prepare. for approval by the Owner, Schematic Design Docu.
ments consisting of drawings and other documents illustrating
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current area. volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule or construction budget. the Architect shall prepare,
for approval by the Owner. Design Development Documents
consisting of drawings and other dCKuments to re< and describe
the size and chaJ.lcter of the Project as to architectural. struc.
tural. mechanical :;md electrical systems. materials and such
other elements as may be appropri;lle.
2.3.2 The Architect shall advise the Owner of any adjustments
[0 the prelimina0' estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu.
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner. the Architect shall prepare. for 3pproval by the Owner.
Construction Documents consisting of Dr:lwings and Specifica.
tions setting forth in detail the requirements for the construc-
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information. bidding forms. the Condi.
tions of the Contract. and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous prelimina0' estimates of Construction Cost indl'
cated by changes in requirements or genera.! market conditions
iden r- i fv and
2.4.4 The Architect shal~,\JSSist tlie D'wner ~~iof1 with
-'1:l.e-~~-='''Po.osib.ili.t~...fQ.Lfiling....documents required for
the approval of governmental authorities ha\'ing jurisdiction
over the Project.
the
2.5 BIDDING OR NEGOTIA nON PHASE
2.5.1 The ArchiteCt. following the Owner's approval of the
Construction Documents and of the l~test preliminary estimate
of Construction Cost, shall =~rttrc.:ov.-m:r-trr obtaining bids ,
or negotiated proposals and assist in awarding and preparing }.
contracts for construcllon. assume primary responsibili
fc
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT,
2.6.1 The .\rchitect's responsibility to pro\'lde Basic Ser\'ice:'
for the Construction Phase under this .\greemeIll commences
with the Jward of the Contract for Construction and termi'
nates at the earlier of the issu3nce to the Owner of the final
Certificate for Pa\'ment or 60 da\'s ;Jfter the d;J[e of Subsun.
tial Completion of the \X'ork.
2.6.2 The ArchiteCt shall pro\'ide administration of the Con.
tract for Construction as set forth below and in the edition oj
AlA Document A20 I. General Conditions of the Contract for
Construction. current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of the
Architect shall not be restricted. modified or extended without
written agreement of the Owner and Architect with consent oj
the Contractor, which consent shall nOl be unreasonably
withheld.
AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT' FOL:RTEE:"TH EDITlO:" . .~l^. . If, 198-
THE AMERICA." INSTlT1,;TE OF ARCHITECTS, 1735 NEW YORK .WE:\L'E. S W, WASHI:\GTON, DC. 20006
8141.1987 2
WARNING: Unlicensed photocopying vlolat" U.S. copyright laws and Is subject to l"9al prosecution.
2.6.4 The Architect shall be :l representative of and shall advise
:.md consult with the Owner (1) during construction until final
payment to the Contractor is due. and (2) as an Additional Ser.
vice at the Owner's direction from time to time during the cor.
rection period described in the Contract for Construction The
Architect shall have authority to Jet on behalf of the Owner
only to the extent provided in this Agrcement unless otherv..L<;c
modified by written instrument.
2.6.5 The Architect shall visit the sitc at intervals appropriate
to the Sl:lge of construction or as 'rtJ!tnrJ'f~ agr~-d by the
Owner and Architect in writing to tx-comc"g-cner.rlty familiar
with the progress and quality of thc Work completed and to
determine ilLge=mif the Work is being performed in a man-
ner indioting that the Work when completed will be in accor-
dance with the Contr.Jct Documents. However. the Architect
shall not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. On
the basis of on-site observations as an architect, the Architcct
shall keep the Owner informed of the progress md quality of
the Work, and shall-urr1c'J\'Or"T(j guard the Owner against
defects and deficiencies in the Work. f.HQt'e-~H-jj~YlW
Lepre.seal LlliOlL 11~ 1Je ..a.g rP.ed 1n..as..mL1d.diJi01.lLli. ..5eJ:1:iJ:P.....12S
-rm,-c ribcrJ-trrFmngmpf7 j-:-2":)
2.6.6 The Architect shall not have control over or charge of
and shall not be responsible for construction means. methods,
techniques, sequences or procedures. or for safety precautions
and programs in connection with the Work. since these are
solelv the Contr3ctOr'S responsibility under the Contract for
Con~truction. The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Work in accor-
dance with the COntr3ct Documents. The Architect shall nOt
have control over or charge of acts or omissions of the Contr.Jc-
tor, Subcontr3ctors, or their agents or employees. or of any
other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work
wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been spe-
ciallv authorized, the Owner and Contractor shall communiCJte
thro'ugh the Architect Communications by and with the Archi-
tect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and e\-aluations of
the Contractor's Applications for Payment, the Architect shall
review and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall consti-
tute a representation to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 2.6.; and
on the data comprising the Contractor"s Application for Pay-
ment. th3t, to the best of the Architect's knowledge. informa-
tion and belief. the Work has progressed to the point indicated
and the quality of ~ork is in accord3nce \....ith the Contract
Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion. to results of subse-
quent tests and inspections. to minor deviations from the Con-
tract Documents correctable prior to completion and to spe-
cific qualifications expressed by the Architect. The issuance of a
Certificate for Pavment shall further constitute a representation
that the Contracior is entitled to payment in the amount certi-
fied. However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has (1) made exhaus-
tive or continuous on-site inspections to check the quality or
quantity of the Work, (2) reviewed construction n1e:lns, meth.
ods, techniques, sequences or procedures. (3) reviewed copies
of requisitions received from Subcontractors and material sup-
pliers and other data requested by the Owner to substanti3tc
the Contractor's right to payment or (4) ascertained how or for
what purpose the Contractor has used money previously paid
on account of the Contract Sum.
2.6.11 The Architect shall have authority to reject \X'ork which
does not conform to the Contract Documents Whenever the
Ar:hitect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or lestJl1g of the
Work in accordance with the provisions of the COntr3Cl Docu-
ments. 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 exer-
cise 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 per-
sons performing port tons of the Work
2.6.12 The Architect shall review and approve or take other
appropriate action upon COntraClor's submittals such as Shop
Drawings, Product Data and Samples. but onlv 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 con-
stnlCtion of the Owner or of separate contractors. while allow-
ing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is nOt con-
ducted for the purpose of determining the accuracy and com-
pleteness of other deuils such as dimensions md quantities or
for substantiating instructions for installation or performance of
equipment or systems designed by the Contractor. all of which
remain the responsibility of the COntr3ctor to the extent
required by the Contr.Jct Documents. The Architect's review
shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of construction
means. methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component
When professional certification of performance characteristics
of materials. systems or equipment is required by the Contract
Documents. the Architect shall be entitled to reh' upon such
certification to establish that the materials. systems or equip-
ment will meet the performance criteria required by the Con-
tract Documents.
2.6.13 The Architect shall prepare Change Orders and Con-
struction Change Directives. with supporting documentation
and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1 I md 3.3.3, for the Owner's approval and
execution in accordance with the Contract Documents, and
may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the intent of the Contract
Documents.
2.6.14 The Architect shall conduct inspections to determine
the date or dates of Substantial Completion and the date of final
completion, shall receive and forward to the Owner for the
Owner's review and records written warranties and rebted
documents required by the Contract Documents and assem-
bled by the Contractor. and shall issue a final Certificate for Pav-
ment upon compliance with the requirements of the Contract
Documents, and review and certify as-buil ts.
3 8141-1987
AlA OOClIMENT 8141 . O\l'NER-ARCHITECT AGREEME.'iT' FOCRTEL'iTH EDITJON. AlA. · @I987
THE AMERICAN INSTlITTE OF ARCHITECTS. 1735 NEW YORK AVENt.:E. :'oIW, WASHINGTON. DC 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,
2.6. i5 The Architect shall interpret and decide m:lllerS con-
cerning performance of the Owner and Contr.lCIOr under the
requirements of the Contract Documents on wrillen request of
either the Owner or Conrractor. The Architect's response to
such requests shall be made with reasonable promptness and
within any time limits agreed upon.
2.6.16 Inrerpretations and decisions of the Architect shall be
consistent with the intenr of and reasonably inferJble from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial deci-
sions. the Architect shall endeavor to secure faithful perfor-
mance by both Owner and Contractor, shall not show partiality
to either, and shall not be liable for results of interpretations or
decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters rel3ting to aesthe-
tic effect shall be final if consistent with the intent expreS5ed In
the Contract Documents.
2.6.18 The Architect shall render written decisions within a
re350nable time on all claims, disputes or other matters in ques-
tion between the Owner and Contractor relating to the execu-
tion or progreS5 of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims. disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6. 17, shall be subject to arbitration as
provided in this Agreement and in the Conrract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included
in Basic Services unless so identified in Article 12, and they shall
be paid for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services. The services
described under Paragraphs 32 and 3.4 shall only be provided
if authorized or confirmed in writing by the Owner. If services
described under Contingent Additional Services in Paragraph
3.3 are required due to circumstances beyond the Architect's
control, the Architect shall notify the Owner prior to com-
mencing such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Addi-
tional Services are not required. the .\rchitect shall have no obli-
gation to provide those sef\'ices.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 26.5 is required, the Architect shall
pro....ide one or more Project Representatives to assist in carry-
ing out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected. employed and
directed by the Architect, and the Architect shall be compen-
sated therefor as agreed by the Owner and Architect. The-
duLi.es.. Jespoosibili1le5. ~d.limiu tions.--of~~ o(.!?roje<<.
Ittpresemnms- -str;ttILn::Is- LlESLnb'etr rrr me- c:c:11lT<5Tl nr '?IX"
9oc~Hl@R~-€\tffffif~-!~-!~:ltgreement,~
Other~-1sc'"3grrcd: -
3.2.3 Through the observ:llions by such Project Represen.
t,Hives. the Architect shall~~()1'-W provide further protec-
tion for the Owner against defects and deficiencies in the Work,
but the furnishing of such project representation shall no(
modify the rights. responsibilities or obligations of the Architect
as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 ~hking re,'isions in Drawings, Specifiotions or other
documents when such reVisions are:
.1 inconsistent with approvals or instructions pre"lousl'.
given by the Owner, including revisions made neces-
sary by adjustments in the Owner's program or PrOt-
ect budget;
.2 required by the enactment or revision of codes. laws
or regulations subsequent to the preparation of suc:-,
documents; or
,3 due to changes required as a result of the Owner's f:U:-
ure to render decisions in :I timely manner.
3.3.2 Providing services required because of significar.:
changes in the Project including, but nOllimited to, size. qua;-
. ~ty. complexity, the Owner's schedule, or the method of bi(}
ding or negotiating and contracting for construction, except fo;
services required under Subparagraph 5 2 5.
3.3.3 Preparing Drawings. Specifications and other documer.'-
tation and supporting data. evaluating Contractor's proposili
and providing other sef\'ices in connection with Change
Orders and Construction Ch:lnge Directives.
3.3.4 Providing services in connection with evaluating subs!:-
tutions proposed by the Contractor and making subseque;.:
re....isions to Drawings, Specifications and other document:ltiu.
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Wor;.;
damaged by fire or other cause during construction, and fui'
nishing services required in connection with the replacemer.:
of such Work.
3.3.6 Providing services made necessary by the default of tne
Contractor, by major defects or deficiencies in the Work of tf:e
Contractor. or by failure of performance of either the Owner c:
Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number c:
claims submitted by the Contractor or others in connectlc;.
with the Work.
3.3.8 Providing services in connection with a public hearmg.
arbitration proceeding or legal proceeding except where tr.c
Architect is party thereto.
3.3.9 Preparing documents for altemate, separate or sequent~
bids or providing services in connection with bidding. negOl;~-
tion or construction prior to the completion of the Constru.::-
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and prograr.. See
ming the requirements of the Project. 1 2 . 1
3.4.2 Providing fuuncial fe35ibility or other special studies
3.4.3 Providing planning sUf\'evs, site evaluations or corr.-
parative studies of prospecti....e sites.
AlA DOCUMENT 8141 . O~ER.ARCHITECT AGREEMENT. FOURTIDiTH EDITION. AlA- . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, DC. 20006
B141-1987 4
WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution.
See
12.10
3.4.4 Providing special surveys, environmentAl studies and
submissions required for approvals of government:U authorities
or others having jurisdiction over the Project.
3.4.5 Providing services relative to future f;Jcilitlcs, systems
and equipment.
3.4.6 Providing services to investigate existing con(1itions or
facilities or to make measured drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or
other information furnished by the Owner.
3.4.8 Providing coordination of construction perfom1ed by
separate contractors or by the Owner's own forces and coordi.
nation of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a con.
struction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity sur;eys or inventories of
material, equipment and bbor
3.4.12 Providing analyses of owning and oper;lting costs.
3.4.13 Providing interior deSIgn and Other similar services
required for or in connection with the selection. procurement
or installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations. inventories of materials or equip-
ment. or valu:ltions and detaiJed appraisals of existing f3cilities.
3.4.16 Preparing a set of reproducible record dr3wings show.
ing significant changes in the Work made during construction
based on marked-up prints, drawings and other dat3 furnished
by the Contractor to the Architect.
3.4.17 Providing assistance in the utiliz:llion of equipment or
systems such as testing, adjusting and balancing. preparation of
operation and maintenance manuals, training personnel for
operation and maintenance, and consulwion during operation.
3.4.18 Providing services after issuance 10 the Owner of the
final Certificate for Payment, or in the absence of a final Cer-
tificlte for Payment, more than 60 days after the date of Sub.
stantial Completion of the Work_
3.4.19 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
. requirements for the Project, including a progrJ..l!l .which shall_
- set forth the Owner's objectives. schedule, constraints and cri-
teria, including space requirements and relationships, flexi.
bility, expandability. special equipment, systems and site
requirements.
4.2 The Owner shall establish and update an ovef7.!1 budget for
the Project, including the Construction Cost, the Owner's other
costs ;J.nd reasonable contingencies ('('bted to aJl of these costs.
4.3 If requested by the Architect. the Owner shall furnish eVI-
dence that financial ;urangements have been made to Ii.Jlfill the
Owner's obligations under this Agreement.
Tne ritv HiillCiS1.er Shall
4.4 .:t~ -OWfK* ~Ft;tik-K'5tglt'.rle- ~ '1't1)f~n-~ tm..-atrtlmrized- ttJ
act on the Owner's behalf with rC'Spect to the Project. The
Owner or such authorized representative shall render decisions
in a timely manner pertaining to documents submitted bv the
Architect in order to avoid unreasonable dela\- in the orderlv
and sequential progress of the Architect's services .
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utilitv 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 restric-
tions, boundaries and contours of the site; locations. dimen-
sions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning a\-ailable
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 benchm3rk.
4.6 The Owner shall furnish the services of geOtechnical engi-
neers when such services are requested by the Architect. Such
services may include but are not limited to test borings. test
pits, determinations of soil bearing values, percolation tests.
evaluations of h3Z~rdous materials, ground corrosion and resis-
tivity tests, including necessary operations for anticipating sub-
soil conditions, with reports and appropriate professional
recommendations.
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope
of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural. mechanICal, chemical.
air and water pollution tests, tests for haurdous materials. and
other laboratory and environmel1lal tests, in.spections and
reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal. accouming and insurance
counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to
verify the ContraclOr's Applications for P3\'ment or to ascertam
how or for what purposes the ComraclOr has used the mone\'
paid by or on behalf of the Owner. .
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 Prompt wrillen notice shall be given by the Owner to the
1 Archllec~iJ:~WAef becomes aware of anv fault or defect in
the Project or nonconformance with the Contract Documents_
)and vice versa if either party
4.11 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submilled to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certifica-
tions that would require knowledge or services beyond the
scope of this Agreement.
5 8141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT . FOURTEE~TH EDITION' AlAS . (f:: 198'
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENCE. ~.W_. WASHINGTON, D.C 20006
WARNING: Unlicensed photocopying violates U.S. copyright lam and 15 subject to legal prosecution.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estl.
mated cost to the Owner of all elements of the Project designed
or s~ecirkc) by the bu:hite.c.lOEs t imd t ed con s t ruc t ion
cost 1.~ $1,)~6,)U.
5.1.2 The Construction Cost shall include the cost at current
m;uket rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided
for by the Architect, plus a reasonable allowance for the Con.
tractor's overhead and profit. In addition. a reasonJble allow.
ance for contingencies shall be included for market conditions
at the time of bidding and for changes in the Work during
construction.
5.1.3 COl15truction Cost does not include the compensJtion of
the Architect and Architect's consultants. the costs of the bnd.
rights.of-w:lv. financing or other costs which are the respon.
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminarv
estimates of Construction Cost and detailed estim::lles of Con.
struction Cost. if any, prepared by the Architect. represent the
Architect's best judgment as a design professional familiar with
the construction industry. It is recognized, however. that nei.
ther the Architect nor the Owner has control over the cost of
labor. materials or equipment, over the Contractor's methods
of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly. the A.rchitect cannot
and does not warrant or represent that bids or negotiated prices
will not varv from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by the Architect.
5.2.2 Ne-R~liffii<-Bf-G~~sftgH~~$lisAffi-
~.a .coo.dit.inn...af..lbis. Agr.e=~'.l~ fumis.hin.g,. pmpo:cl ~
....e.st.:lbl4.h~A{4-a-~o;t-~ ~H!@~-A:oted-Hmif..fhls-
...becn.~eed-upGA.m.w~~...ig~flttr-t-i~ If
~ch..a fixed limit has been established, the Architect shall be
permilled to include contingencies for design, bidding and
price escalation, to determine what materials, equipment, com.
ponent 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 Docu.
ments altefl1:1.te bids to adjust the Construction Cost to the fIXed
limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 days after the A.rchitect submits the Construction
Documents to the Owner, any Project budget or fIXed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the
d:1te of submission of the Construction Documents to the
Owner and the cbte on which proposals are sought.
5.2.4 If a fIXed limit of Construction Cost (adjusted as pro-
vided in Subparagraph 5.2.3) is exceeded by the lowest boru
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fIXed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Projecl is abandoned, terminate in accordance
with Paragraph 83; or
.4 cooperate in revising the Project scope Jnd quality a5
required to reduce the Construction COSI.
5.2.5 If the Owner chooses to proceed under Clause 5 2.....
the Architect, without additional ch.lrge. sh;lll modify the Con.
tract Documents as necessary to comply with the fixed limit, If
established as a condition of thi.5 Agrecment The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising out of the estJblishment of J fixed limit
The Architect shall be cmitled to compensation in accordance
with this Agreement for all services performed whether or nOI
the Construction Phase is commenced
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICA TIONS AND OTHER DOCUMENTS
6.1 The Drawings. Specifications and other documents pre.
p;ued by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project
and. unless otherwise provided. the :\rchitect shall be deemed
the author of these documents and shall retain all common law,
statutory and other reserved rights, including the copyright
The Owner shall be permined to retain copies, including repro-
ducible copies, of the A.rchitect's Drawings, Specifications and
other documents for information and reference in connection
with the Owner's use and occupancy of the Project. The Archi-
tect's Drawings, Specifications or other documents shall not be
used by the Owner or others on other projects, for additions to
this Project or for completion of this Project by others, unless
the Architect is adjudged to be in default under this Agreement.
except by agreement in writing and with appropnate campen.
sation to the Architect. See 12.13.
6.2 ~~-4&tH~~-4x\ffi<~S-.;o...RWl!-H~[lklaJ
_L~lillQn:.Lc::mJircrncms... Q.L(QL~~~irLCnD.De.CliQD
- with -the-Pro i'ett1s-not 'trT bc-C'CImtrtTCd-::l:5 P ablintiorri n -dcrog;r-
- Lion. olthe .kcruu:~~~igl:l ti..-
ARTICLE 7
ARBITRA TION
7.1 Claims. disputes or other maners in question between the
parties to this Agreement arising out of or relating to this Agree.
ment or breach thereof shalllx subject to and decided by arbi.
tration in accordance with the Construction Industrv Arbitra.
tion Rules of the American Arbitration Association cu'rrently in
effect unless the parties mutually agree otherwise. .
7.2 Demand for arbitration stull be ftJed in writing with the
other party to this Agreement md with the American Arbitra.
tion Association, A demand for arbitration shall be made within
a reasonable time after the claim, dispute or Other maner in
question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legal or equitable
proceedings based on such claim. dispute or other matter in
question would be barred by the applicable statutes of limitations
7.3 No arbitration arising out of or relating to this Agreemem
shall include, by consolid:1tion, joinder or in any other manner.
an addilional person or entity not a party to this Agreement.
AlA DOCUMENT B141 . OWNER.ARCHmCT AGREEMENT · fOURTEENTH EDITION. AlA- . 1Sl1987
THE AMERlCAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. :i.W.. WASHLNGTON, DC 20006
B141-1987 6
WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution.
except by wrillen consent containing a specific reference to
this Agreement signed by the Owner, Architect, and any other
person or entity sought to tx: joined. Consent to arbitration
involving an additional person or entity shall not constitute
consent to arbitration of any claim, dispute or othcr mattcr in
question not described in the written consent or with a person
or entity not named or described therein. The foregoing agree-
ment to arbitrate and other agreements to arbitrate with an
additional person or entity duly consented to by the parties to
this Agreement shall be specifically enforceable in accordance
with applicable law in any court having jurisdiction thereof.
7.4 The award rendered by the arbitrator or arbitrators shall be
final, and judgment may be entered upon it in accor<bnce with
applicable law in any court having jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon
not less than seven days' wrillen notice should the other part'-
fail substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the tenninalion.
8.2 If the Project is suspended by the Owner for more than 30
consecutive <bys. the Architect shall be compensated for ser-
vices performed prior to notice of such suspension. When the
Project is resumed, the Architect's compensation shall be equi-
tably adjusted to provide for expenses incurred in the interrup-
tion and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect in the
event that the Project is permanently abandoned. If the Project
is abandoned by the Owner for more than 90 consecutive days.
the Architect may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner to make payments to the Architect in
accordance with this Agreement shall be considered substantial
non~rformance and Cluse for termination. Only if wi 0
fault of the Architect.
8.5 If the Owner fails to make payment when due the Archi-
add thetect for services and expenses,Athe Architect may. upon seven
Arch. days' written notice to the Owner, suspend performance ofser-
. vices under this Agreement. Unless payment In fulllS receIved
~ S no t by the Architect within seven <bys of the date of the notice. the
1n suspension shall take effect without further notice. In the event
de f au 1 tof a suspension of services, the Architect shall have no liability
to the Owner for delay or damage caused the Owner because
of such suspension of services.
8.6 In the event of termination not the fault of the Architect.
the Architect shall be compensated for services performed prior
to termination. together with Reimbursable Expenses then due
and all Termination Expenses as defined in Paragraph 8.~.
8.7 Termination Expenses are in addition to compensation for
Basic and Additional Services. and include expenses which are
directly attributable to termination. Termination Expenses shall
be computed as a percentage of the total compensation for
Basic Services and AdQitional Services earned to the time of ter-
mination. as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if termination
occurs before or during the predesign, site analysis. or
Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if tem1in<ltion
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to date if termin<ltion
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 l'nless otherwise provided. this Agreement shall be gov-
erned by the law of the principal place of business of the
Architect.
9.2 Terms in this Agreement shall have the same meaning as
those in AlA Document A20 I, General Conditions of the Con-
tract for Construction. current as of the date of this Agreement.
9.3 Causes of action between the parties to this Agreement
pertaining to actS or failures to act shall be deemed to have
3ccrued and the applicable statutes of limitations shall com-
mence to run not later than either the date of Substantial Com-
pletion for acts or failures to act occurring prior to Substantial
Completion. or the elate of issuance of the final Certificate for
Payment for acts or failures to act occurring after Substantial
Completion.
9.4 The Owner and Architect waive all rights against each
other and against the contractors. consultants, agents and
employees of the other for damages, but only to the extent cov-
ered by property insurance during construction, except such
rights as they may have to the proceeds of such insurance as set
forth in the edition of AlA Document A201. General Conditions
of the Contract for Construction. current as of the date of this
Agreement. The Owner and Architect each shall require similar
waivers from their contractors, consultants and alZents.
9.5 The Owner and Architect. respecl1vely, bind themselves.
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, succes-
sors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor
Architect shall assign this Agreement without the written con-
sent of the other.
9.6 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations. representations or agreements, either writ-
ten or oral. This Agreement may be amended onlv bv written
instrument signed by both Ow~er and Architect.' .
9.7 0.'othing contained in this Agreement shall create a contrac-
tual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
9.8 L'nless 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 expo-
sure of persons to hazardous materials in any form at the Project
site, induding but not limited to asbestos, asbestos products.
polychlorinated biphenyl (PCB) or other toxic substances.
9.9 The Architect shall have the right to include representa-
tions of the design of the Project, including photographs of the
exterior and interior, among the Architect's promotional and
professional materials. 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
7 8141-1987
AlA DOCUMENT 8141 . OW:-lER.ARCHITECT AGREEMENT. FOURTIEN11i EDITION. AlA- . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AYENlJE, N.W.. WASHINGTON, D.C. 20006
WARNING; Unlicensed photocopying violates U.S. copyrlghllaws and Is subjec1lo legal prosecution.
the specific information considered by the Owner to be confi.
dential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sjgn and in the pro-
motional materials for the Project.
ARTICLE 10
PA YMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project :md
the portion of the cost of their ma.ndatory a.nd customary con-
tributions and benefits related thereto, such as employment
t:Lxes and other statutory employee benefits, insurance, sick
leave. holidays. vacations. pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and AdliitionaJ Services a.nd include expenses
incurred by the Architect and Architect's employees a.nd con-
sulta.nts in the interest of the Project, as idemified in the follow-
ing Cbuses
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distanCe communications: and fees paid for sccur-
ing approval of authorities having jurisdictIon over the Projecl.
10.2.1.2 Expense of reproductions, postage and ha.ndling of
Drawings. Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner. expense of
overtime work reqUiring higher tha.n regular rates.
10.2.1.4 Expense of renderings, models a.nd mock-ups requested
by the Own~r.
10.2.1.5 Expense of additional insurance coverage or limits.
including professional liability insura.nce. requested by the
Owner in excess of that--l1f}ffRaJ~' carried bv the Architect and
Architect's consultants, and required by this
agreernen t.
10.2.1.6 L,pCflJI:: 0f d)f!,putU3idcd Juign Jj,d d,~[,illi'
equipment time .... hel, LdCJ ;" (0""((t;0,, !\ ;ll, tl".. P,aice!.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial p:lymcnl :lS set forth in P;mgraph 11 1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthlv and, where applicable. shall be in proportion to ser-
vices performed within each phJS<: of service. on the baSIS set
forth in Suhpar.lgr:lph 112.2
10.3.3 If and to the extCnt that the time initiallv cSlJblished In
SubpmgrJph II S I of this Agreement is exceeded or extended
through no fault of the Architect. compensation for any ser-
viccs rendcred dunng the additional period of time shall be
computed in the ma.nner set forth in Subparagraph 1132.
10.3.4 When compensation is b:t.<;ed on a percentage of Con-
struction Cost a.nd any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of
the Project shall be paYJble to the extent services are per-
formed on those ponions. in accordance with the schedule sct
forth in Subpaf:1gr.lph 1122, b:t.<;ed on (I) the lowest bona fide
bid or negotiated proposal. or (2) if no such bid or propos3J 15
received. the most recent preliminary estima.te of ConstfUClJOn
Cost or detaIled estimate of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shaIJ be made monrh!\.
upon presentation of the Architect's statement of ser.'JCes ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 :-';0 deductions shaJl be made from the _-\rchitect's com-
pensation on account of penalty. liqUidated cLunages or other
sums "vithheld from payments to contractOrs. or on account of
the cost of changes in the \'('ork Other than those for which the
Architect has been found to be liable
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses a.nd expenses per-
tainlOg to Additional Ser.'ices and ser.'ices performed on the
basis of a multiple of Direct Personnel Expense shall be a\"3j]-
able to the Owner or the Owner's authorized representati\'e at
mutuallv con\-enient times
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 .,\:'" Ii'iITIAL PAYi\IENTof Zero Dollars(SO
shall be made upon execution of this Agreement a.nd credited to the Owner's account at fmal payment
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2. and an\' other services included in :\eticle 12 as pa.rt of 8:1.<;ic Services. Basic
Compensation shall be computed as follows:
(Jnserl hasls of COmpeHStl!UUl. illcllultn~ st/fJu/afed sums. multIples ur pt'rLc'nhl)<t!s. and ztlt.'1i1tlr pblht'S to u 111Cb par!1ClI/a' mt'fhnds uJ ("(lmpeIlStlll(jll apply I)
""cess",y)
See Attachment 11.2.1.
AlA DOClIMENT 8141 . OW:-;ER..~RCHITECT AGREEMENT' FOCRTEE.....TH EDITION' AlA. . ;s'198~
THE A~lERIC^:--: I:-;STITL'TE OF ARCHITECTS. j-3S :--:EW YORK A\'El'LE.:--: W., W.~SHll'GTON, D C 20006
8141-1987 8
WARNING: UnlIcensed photocopying violates U.S. copyrlghllaws and is subject to legal prosecution.
11.2.2 ',X'here compensation is based on a stipulated sum or percentage o( Construction Cost, progros payments (or Basic Services
in e;lch phase shall total the (ollowing percentages o( the total Basic Compens.1tion pa~-:lble:
({nwr addlltOllal pbasl's as approp"alt )
Schematic Design Phase: (Partial Schematic Phase has been completed)
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
percent ( 15%)
percent ( 20%)
percent ( 40%)
percent ( 5%)
percent ( 2 0%)
Total Basic Compensation:
11.3 COMPENSATION FOR ADDITIONAL SERVICES
one hundred percent(IOO%) * See Attached
11.2.1
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 32, compensation shall be com-
puted as follows:
Project Principal
Project Manager
Project Architect
Interior Designer
Engineering
Construction Admin.
$80
$60
$42/54
$36/54
$60/70
$70
11.3.2 FOR .\DDITIONAL SERVICES OF THE .\RCHITECT. as descflbed in Articles -' and 12. other than (\) .\dl1itional Project
Representation. as described in P:uagraph 32. and (2) sen'ices included in .\rticle 12 as part of Basic Services, but excluding
services of consulunls. compensation shall be computed as follows:
(/!bert 'hZS/) of (()1Npt'I!Sfl t 101/. tlle/udnJ/!. rale:.: and/or !11ultrp/e... nJ D,rcd PerS'Ul/lt'{ 1:'.\l)('1I.\'l' 1('" l'r!lI([{J{{~., ,;old l'l1lp/uyet's ,'/1/" ICIt'II((jy l'nJlll/Hll.,' 01/(/ dl L_., 'l1
enlp/u\'t't'., 1/ rt'(/lfircd /dt'Jlll}.\' _",P{'CI/IC SI."Tlll'-, to f1'IJ/dJ partlClllar methuds nJ (/)11l{1l.'1tS(lf/f'1I tlPf1ll' f( I,'('lt'ssor.\' J
Project Principal
Project Manager
Project Architect
Interior Designer
Engineering
Construction Admin.
$80
$60
$42/54
$36/54
$60/70
$70
11.3.3 FOR ADDITIONAL SERVICES OF CONSUL TA.."1TS, inclucting additional structural. mechanical and electrical engineering
services and those provided under Subparagraph 3.4,19 or identified. in Article 12 as pan of Additional Services, a multiple of
On e ( 1 . 0 ) times the 3JTlounts billed to the Architect for such sernces,
(ld"'II'/1' speCIfIC t.lpes of consultants in ArtIcle I:?, If re"lUred)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10,2, and any other items included in Article 12 as Reimbursable
Expenses, a multiple o( One ( 1.0 ) times the expenses incurred by the Architect. the Architects
employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completec:tx'ixitbt<< by January 1995
( ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.32.
11.5.2 Payments are due and payable thirty ( 30 ) days (rom 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.
(buertrateofinterestagreedupon.j Assuming no default by the Architect.
(Usury lau's and requiremenls under Ibe Federal Trutb in Lending Acl. similar slale and local consumer credlllau's and otber regulatIons at tbe OU'1ler's and Arcn.I'
tect's pn'nClpal places of bUSiness. tbe lowtion of tbe Project and etseu'bere may affect tbe ,'alidlly of tb,s pro('lslOn SpeCIfiC legal ad,.,ce should be obtained u'lIb
respect to deletiOns or modifications. and also regarding requIrements such as U'Tlltrn disclosures or U'Qu'ers)
9 8141-1987
AlA DOCUMENT 8141 . OW:'-OER.ARCHITECT AGREEMENT' FOL:RTEE:-''TH EDITION' AlAe . ~ 198~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 :-;EW YORK AVE~LE. :'-OW. W....SHINGTON. DC 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal pro~tlon.
11.5.3 The r;lles :md multiples set forth for Additional Services shall be mnually ;ldjusted in accordance with norm;l] s;l!ary review
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert tU>scnptiOns 0/ olM services, identify Additional Sen',as ",eluded ..,tb,n Basic Comp.."1'satton arid modl/icntwns to th<! puymenl and comprrlJallOr. lenns
IncltUkd in Ibis A[;rcement)
See Attachment Article 12.
This Agreement entered into as of the day and year first written above.
OVVNER City of Prior Lake
ARCHITECT Boarman Kroos Pfister Rudin & Assoc.
(Signa/ure)
(Signature)
(Pnnted name and title)
(Pn"Tlted name and ti//e)
t!1
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEE."ITH EDITION. AlA- . @I987
THE AMERICA.'lINSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, ="W, WASHI="GTON, DC. 20006
8141-1987 10
WARNING: Unlicensed photocopying violates U.S. copyrighllaws and Is subjecllo Ieg.III prosecution.
ARTICLE 11
BASIS OF COMPENSATION
(Cont. from page 8 - AlA Contract B 141)
11.2.1 The Architect shall receive hourly compensation not to exceed a fixed maximum based on 7 percent of the total
cost of construction, and furniture and equipment as Included In the Architect's work. Hourly rates shall be as
stated In 11.3.1. The Architect shall credit back to the city of Prior Lake the cost of the Partial Schematic
completion prior to the referendum (See 12.2).
Total Basic compensation Is based on $1,586,500 construction cost @ 7% for a total fee of $111,055, less
schematic design credit of $4,500, for a TOTAL FEE BALANCE OF $106,555.
Construction cost is based on the following items:
Building Construction:
Site Development
Landscaping
Total:
$1,320,000
$ 140,000
$ 51,500
$1,511,500
Fee @ 7%
Less Schematic Credit:
TOTAL:
$ 105,805
$ 4,500
$101,305
Furniture & Equipment:
Fee @ 7%
$ 75,000
$ 5,250
TOTAL FEE:
$106,555
NOTE: Consulting services for the phone system, radio system, and audio visual systems is not included in this
workscope.
FEE BY PHASE:
Schematic Design (15%) $15,196
Design Development (20%) $20,261
Construction Documents (40%) $40,522
Bid/Neg. (5%) $ 5,065
Construction (20%) $20,261
Total: (100%) $101,305
Furniture & Equipment . (100%) $ 5,250
Total Fee by Phase: $106,555
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Cont. from page 10 - AlA Contract B 141 )
12.1 Development of the Owner's programmatic needs has been completed as part of the Prior Lake Needs
Assessment study. The Architect shall incorporate the work completed in the Needs Assessment study into the
subsequent work described in this contract.
12.2 The Architect shall credit back to the City of Prior Lake $4,500 from the Partial Schematics completed prior to
the bond referendum toward the project implementation.
12.3 The Architect shall prepare Drawings, Specifications, and other documentation and supporting data, evaluating
Contractor's proposals, and provide other services as may be required in connection with Change Orders, and
Construction Change Directives at no additional cost to the Owner, if the Change Order or Construction Change
Directive is necessary due to an omission, oversight, or other act caused by the Architect.
12.4 The Architect's visits to the site during the construction phase shall be a minimum of four (4) times per month.
12.5 If services described under Additional Services in Article 3 are required due to circumstances beyond the
Architect's control, the Architect shall notify the Owner in writing and receive the Owner's approval in writing
prior to commencing such services.
12.6 The date of final completion shall be established prior to the completion of the Owner-Contractor Agreement.
The extent of project representation of the Architect for Basic Services shall coincide with a date thirty (30) days
beyond the date of final completion. At that time, further project representation beyond Basic Services shall be
an Additional Service at the request and approval of the Owner.
12.7 The Architect shall conduct two (2) inspections after the date of final completion: the first at the end of eleven
(11) months of occupancy for the purposes of ensuring that the facility is in full compliance with the
Construction Documents and to notify the Owner of any unfinished work; and the second at the end of three (3)
years of occupancy for the purpose of determining the facility's overall performance, acceptability of design.
and its functional and technical elements.
12.8 A project contingency of 5% will be part of the construction phase budget for unforeseen conditions, required
modifications to the documents, code interpretations and Owner requested changes.
12.9 The Architect will provide the Owner with an estimate of reimbursable expenses (Le. printing of documents,
transportation, long distance phone, fax, photo copies, sepias, blueline prints, and mylars).
12.10 The interior design services in section 3.4.13 are included as part of Basic Services to the Architect. The cost of
furnishings is added to the cost of construction and the fee schedule in Article 11 applies.
12.11 The Owner agrees to pay for the preparation of bid alternates based on the fee percentage or hourly costs,
whichever is greater.
12.12 The Architect shall provide the Owner with a Certificate of $1 million Errors and Omissions Insurance.
12.13 The City of Prior Lake Retains the Ownership of the contract documents.