Loading...
HomeMy WebLinkAbout1999-053 Agrmt - Peck Smiley EttlinA M E R I ~ A ~ I ~ ~ T I T U T E 0 F A C T AIA Docttment B I 41 Standard Form of Agreement Between Owner and Architect 1987 EDITION TH/S DOCU~IENT HAS I~IPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH A N A 7'TORNE Y IS ENCOURA GED WITH RESPECT TO l T'S COA4PLETION OR MODIFICATION. AGREEMENT made as of thc Nineteen Hundred and BETWEEN the Owner: { %'tittit' arid addres,~9 third cLly of May in the year of Ninety-Nine City of Ashland City Hall Ashland, OR 97520 and the Architect: CQ~.ze and address) Peck Smiley Ettlin Architects 1220 SW Morrison #600 Portland, OR 97205 For the following Project: (lttch.te detailed descrtTgiotl of Project, loccttiott, address and scope.) Design development, cost estimate and Bond promotion package for Fire Station No. 1, located at 455 Siskiyou Boulevard, Ashland, Oregon 97520. Scope of work per Article 12. ~4J~)~r- C~,~'m 6e,..,/,ces t d~....ct AF, c~ I~TI - The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 195l, t953. 1958~.1961, 1963, 1966, 1967, 1970, 1974. 1977. ©1987 by The American Institute of Architects, 1735 New York Av~:hue, N.W~iL.g/ashington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions v,"i~liout written permission of the AIA vio[ates the copyright laws of the Uhited States and will be subject to le'gal prosecution. AIA DOCUMENT B141 ,. O~'NER-ARCHITECT AGREEMENT" FOURTEENTft EDITION * AIA® * (g)1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEXX' YORK AVENUE. N."g.. WASHINGTON, D.C. 20006 B141-1987 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 sen'ices consist of those services per- ftmned by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architcct's services shall be performed as expedi- tiously a-s is consistent with professional skill and care and the orderly progress of the ',York. Upon request of the Owner, the Architect shall submit for the Owncr's approval a schedule for the performance of the Architcct's sen'ices which may bc adjusted as tile Project proceeds, and shall include allowances for periods of time required for the Owner's review and for :q3proval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by tile Owner shall not, except for reasonable cause, be exceeded bv the Architect or Owner. 1.1.3 The services covered hy this Agreement are subject to the time lin~itations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Arcbitect's Basic Services consist of those described m t~aragraphs 2.2 through 2.6 and any other scr,,'ices identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 Thc Architect shall rcview thc progranl furnished by the ,,)wncr to ascertain the requirements of the Project and shall :trri\'c at a mutual understanding of sudl requirenmnts with the , },.vncr. 2.2.2 The Architect shall provide a preliminary evaluation of d~c Owner's program, schedule and construction budget requirements, each in tcrms of the other, subject to the linfita- films set forth in Subparagraph 5.2.1. 2.2.3 The Architect sh:fil review with tile Owner alternative .ipprt inches to design and construction of tile Project. 2.2.4 Based on tile mutually agreed-upon progran~, schedule and construction budget requirements, the Architect shall t~rcparc, for approv:d by the Ov,'ncr, Schematic Design Docu- nwnts consisting of drawings :uld other docunlents illustrating the ~,cale and relationship of Project components. 2.2.8 The Architect shall submit to the Owner a prclinlin:tp,,~ c'stinmte of Constructkin Cost based on current area, vohlme or ~ Ithk'r tlllit COSTS. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schem. atic Desig~,,Doguments and any adjustments authorized b'y the Owner in the progrmn, AIA DOCUMENT Bt41 · O\VNER-ARCIIFI'ECT AGREEMENT" FOURTEENTH EDITION · AIA® ° ©198" !'HF ~.MER[CAN INSTI'I UTE OF ARCHITECTS, 17,35 hE\";' YORK AVENUE, N W, WASHINGTON, DC 20006 schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary 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 approval by the Owner, Construction Documents consisting of Drawings and Specifica- lions setting forth in ridtail the requirements for the construc- tion of the Project. 2.4.2 '['he Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and tile form of Agreement between the Owner and Contractor. 2.4.3 '['he Architect shall advise the Owner of any adjustments to previous prdindnary estimates of Construction Cost indi- cated by changes in rccluiremcnts or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Ov,'m:r's responsibility for filing documents required for the appro:'al of governmental authoritics having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, follov.'ing tile Owncr's approval of the Construction Documents ,and of the latest preliminary estimate of Construction Cost, shall :kssist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts ft>r construction. 2.6 CONSTRUCTION PHASE--ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architcct's responsibility to provide Basic Setw'iccs for the Construction Ph:tsc under this Agreement commences v.-itb the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for l'ayrnent or 60 days after tile date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 2.6.2 The Architect sh:dl providc administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current :ks of tile date of this Agreement. unless otherwise provided in this Agreement. 2.6.3 Duties, responsilMlitics and limitations of authority of the Architect sh.'dl not be restricted, mollified or extended without written agreement of the Ov,'rtcr and Architect with consent of the Contractor, which consent shall not bc unreasonably withhelLt. 3141-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due. and (2) as an Additional Ser- vice at the Owner's di?ection from time to time during the cor- rection period described in the Contract for Construction. The Architect sh:dl have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shal[ visit the site at intervals appropriate to tile stage of construction or a.s otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that tile Work when completed wilt be in accor- dance 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 hasi.s of on-site obscn~ations as an architect, the ~chitect sh:~l keep the Owner infom~cd of the progress and quality of the Work. and shall endeavor to guard the Owner against defects and deficiencies in the Work. 6~h,'e extensit'e site re]~re,~entation lilt0' be agreed to as till Additiotutl Service, as described in l~aragrapb 3.2.) 2.6.6 'Fhc Architect shall not have control over or charge of and shall not bc responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions :uld progrants in connection with the Work, since these arc solch' the Contractor's rcsponsihility under the Contract for Construction The Architect shall not bc responsible for the Cotaractor's schedules or gdlurc t<~ carry out the Work in accor- dance ~ ith the Contract Documents The Architect shall not h:t~c c<mtrol over or oh:tree of acts or t~n~issions of the Contrac- tor. Subcontractors, or their agents or cnlp[¢~yccs, or of any other persons performing portions or' the Work. 2.6.7 The Architect shall at all times have access to the Work wlwrcvcr it is in preparation or progress 2.6.8 Except as may {~therwisc bc prt>vidcd in the Contract [)< >~ tlllk'l/tS ()t' whCll direct L'¢HI//I/tII/LCatiOllS h:lvc bccn ci:dt} audlorizcd, the ()wncr and (}t>ntract~r shall comn~unicatc tht, mgh the Architect. Conmmnications 13v and with the Archi- tot ~s t:, ,nsultants shall bc through the Architect. 2.$.~ ILlsod ~>n the Architect s ¢fi3scrvations and evabullions the: C~ntr:tct{>r's Applications f'¢~r Payn~cnt, the Architect shall re', tow :tad ccrtit'v the anlokltlts dLIC the Coiltractor. 2.B.10 l'hc Architcct's certification t'~.- p:lynlcnt sh:tll coastl- Ittle a rcprcscntatit~n tt~ the Owner, based on the Architcct's ob-crv:~tions :it the site as prtwidcd in Suhp:tragraph 2.6.5 and ¢~'. d~c data comprising the C<mtractor's Application for Pay- meat, titat the Work has progressed to the point indicated and thjt. tc~ the best of the Architcct's kn¢~wlcdgc, infornlation and bchcf. quality of the Work iq in accordance with the Contract I), ~cutll,:l~ts. 'I'Hc foregoing rcprcscnt.ttions arc subice[ to an c~:dk~ati,~tl ¢>f the Work for conf~rmancc with tile Contract [ )~ >CLIII/CI~tS tlpo~l Stll)stilll[iiti (~{>IllplotioI1, It) restills of Stlbsc- qtwnt tests :mcl inspections, t~ > minor deviations froIll the Con- tl:l,'l l),~cun~cnts correctable prior tt> con~plction and tt) spc- tit'i,. qu:dit~catit)ns cxprL'sscd by the Architect. Thc issuance of a ~ 2cr~ifit:ltc for Payment shall further ct~nstitutc a representation t)~.~t tht Contractor i5 entitled to payment in the an~ount certi- t'ic, I lh~wcvcr, thu' issklancc of a Certificate for P~ly4nent shall n ~' bc .t representation th:t the Arc dtCct has (1) t~'~iiLl~'exhaus- two {>~ c¢mtinuous t>n-sitc inspcctioOs to check the quality quantity of the Work, (2) reviewed construction means, 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 substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Ar:hitect considers it necessaD- or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract 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 ccluipment suppliers, their agents or employees or other per- sons performing portions of the 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submitt:lls such a.s Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformancc v.'ith infomlation given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness :ts to cause no delay in the Work or in the con- structkm of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adcquayc review. Review of such submitt:ds is not con- ducted for the purpose of ticremaining the accuracy and com- pleteness of other details such a.q dimensions and quantities or for substantiating instructions for install:ttkm or pcra>mmnce of cquipn~ent or systcrns designed by the Contractor, all of which remain the responsibility of the Contractor to tile extent required by the Contract Documents. The Architcct's review shall not constitute approval of safety precautions or, unless othcrv.'isc specifically stated by the Architect, of constructk>n n~eans, methods, techniques. scqklcl'lcus {)r procedures. TIle Architcct's approv:lI of a specific item shall not indicate approval of al-i assembly of xxhich the item is a component. \":,'hen professional certification of peril>finance characteristics <>f nmtcrials, s,.'sten/s or cquifm/cnt b. rcqttircd hv the Contract I)<)ctAn~ctYs. the Architect shall bc crttitlcd t{~ rely LipOn such ccrtificati,>n it> establish that t]lc matcri,zI,L sv>.tci/~$ c.r Cc}uip- meat \viI1 mcct the performarxcc criteria required hy the Con- tract Dc~ICklI11CntS. 2.8.13 The Architect shall prepare ChaI~gc Orders and Con- StrUCtion Char~gc Directires, with supporting documentation and data if deemed necessary by the Architect Subparagraphs 3.1.1 and 3.5.3. for the Owncr's approval and execution in accordance with the Contract Docutllents, and m:W authorize ndnor change> in the \Vork not irwolving an adjustment in the Contract Sum or an extcnsitm of the Contract Time which arc not inconsistent with tile intent of the Contract Dt~cuments. 2.6.14 The Architect shall conduct in';pections tt> determine the date or dates of Substantial Complctit m anti the date of ~I'~AI con~plction, shall receive and f.~r\v:~rd to the Owrter for tile Owner's review and records 'writtclq warranties and related doeunseats required by the Contract Docunmnts and :tsscn/- bled bv the Contractor, and sha!l issue a fil3aI Certificate for Pay- ment uptln compliance with the rcquircn/ents of tile Contract Docunlcnts. AIA DOCUMENT B141 * O\VNER-ARCfIITECI' AGREEMENT * FOURTEENTH EDITION * AIA® · © 1987 3 B141-1987 'IHii AMERICAN INSTIr["It! OF ARCtIITECTS, 1735 NEx:(' 'fORK AX'ENUE, N W, WAStllNGTON, D.C. 20uo6 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architcct's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shah 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 relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in qucs- tiln~ between the Owner and Contractor relating to the execu- tll>n or progress of the Work as provided in the Contract Documents. 2.6.19 The Architcct's decisions nn claims, disputes or other t~attcrs. including those in question bctv,'ccn the Owner and ¢..oi~tractor, except for those rc[ath~g to aesthetic effect as pro- vidcd in Subparagraph 2.6.17, shall be subject to arbitration as prt~vidcd in this Agreement and in the Contr:,ct Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services ticscribed in this Article 3 arc not includccl u~ BaMc Services unless so identified in Article 12, and they shall bc paM t'<~r by the Ov,'ncr as provided in this Agreement, in ;~ddition to the compensation for Basic Services The services dc~crabcd under I>:lragraphs 3.2 and 3.,i shall only bc provided i,' ;Rlthl)rized or c¢ m~rmcd in writing by the O,,vtlcr. If services dcscrlbcd rudder Cot~tingcnt Additional Services in Paragraph '. 3 arc required duc to circun~stances bcyol~d the Architcct's t tnHrtfi, the Architect shall notif\' the O\vt:cr prk~r to com- ilkelating such st:trices. If the Owner deems that such services dcsctibcd ut3dcr l~aragr:tph 35 arc not required, the Owner Mull gi:'c prorefit written notice to the Architect. [f the Owner tt~dI..:ttcs it'~ v.'riting th:tt all or pari of such Contir~gcnt Addt- It, ~Iml Services arc not required. the Architect sh:lll have no obli- ~:tti, ,n to provide those services. 3,2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more cxtci~si\'c rcprcsc:tm~tion at the site thax~ is , !cscribcd in Subparagraph 2.6.5 is rcqtaircd, the Architect shall l~rovidc one <>r m()rc Pn~jcct F, cprcsentativcs to assist in CagF'y'- :c'~g llktt such ;idditiol~al ot~ site rcspt>nsibilitics. 3.2.2 Prt>jcct P, cprcsci~tativcs shall bc selected, cmpk>yed and .,!n'c,.'tcd by the Architect. :tild the Architect shall be compen- -,tied thcfcft>r :15 agreed by the Ov,'ncr alld Architect. The t !kl~ic,'q, rcsptmsibilitics and limitations of a'dthority of Project R~'prcscntativcs sh:dl bc :1'; described in the edition of AIA I ), ~cu. Ii/cfit B352 current :is of the date of this Agreement, _unless ,lthc~wisc agreed 3.2.3 Through the obscr,'ations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3,3,1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 33.2 Providing sep,'iccs required because of significant changes in the Project including, but not limited to. size, qual~ ity, complexity, the Owner's schedule, or the method of bid- dins or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.33 Preparing Drawings, Spcci~catio,'ts and other documen- tation and supportif~g d:lta. evaluating Contr:lctor's proposals, and providing other services in connectkin with Change Orders and Construction Change Directires. a.a.4 l'roviding services in connectkin v.'ith evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other docun'~cntation resulting therefrom. a.3.5 Providing consultation cockcoming replacement of Work damaged hy fire or other cause during construction, and fur- hisbinS services rcqtfircd in connection with the repktcement of such Work. a.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of tbc Contractor, or bv failure of pcrfommncc of either the Owner or C¢>ntractt~r under the Contract for Construction. a.3.? Providing services in evaluating an extensive number of clain~s submitted by the Coi~tractor or others in connection with the Work. 3.3.8 Providing services in connectior~ with a public heariI3g, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequef~tial bids or providing services in cot~nectk3n v,'ith biddif~g, negotia- tion or construction prior to the completion of the Constrtlc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 l'r<>x'iding analyses of the ('wcner'$ needs and program- mine the requirements clf the Project. 3.4.2 Providing financial feasibility or other special studies. a.4.a prt,.'icling pkmniftg sur\'cys, site evaluations or corn- parativc studies of prospective sites. AIA DOCUMENT B141 · O',VNER-ARCItlTECT AGREEMENT., FOURTEENTH EDITION · AIA® * © 1987 · ?i I ~.MERRZAN [N'-;TITL'TE OF AI,ICFIITECTS. 1735 NEXV YORK AVENUE, N.'~'., WASIIINGTON, D.C. 21~0o6 8141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required g~r approvals of g<~vcmmcntal authorities or nthcrs having jurisdiction over the ProjccL a.4.5 l'roviding services relative to future facilities, systems anLl cquipmcnt. 3.4.6 Providing see'ices to investigate existing conditions or facilities or to make mGtsurcd drawings thereof. 3.4.1 Providing services to verify the accuracy of drawinD or other infornmtion furnished by the Owner. 3.4.8 Providing coorclination of construction performed by separate contractors or by the Owncr's own forces and coordi- Dati¢}n of services required in connection with construction pcrfc~rmcd and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- structi<>n n~anagcr (>r separate consuhants retained by the 8.4.10 Providing detailed estimates of Construction Cost. 3.4.~1 Providing detailed quantity surveys or inventories of 111,ltcrLll, cquipnlcnt and lab<>r. 3.4.~2 Provicling analyses <>t' owning and operating costs. 3,4.13 Providing interior design anti other sin~ilar sea'ices rcqHircd for or in connection with the selection, procurcmcnt or insLd]ation of furniture, furnishings anti related equipment. 3,4.14 Providing services f¢ >r planning ranant or rental spaces. 3.4A5 ,M:~ing investigations, inventories of nmtc~;ds or equip- 11~cnt, ~r valtlations and clot;died appr;fi.s;ds of cxLst~g facetries. 3.4.16 Preparing a set of rcprodt~cib]c record clrawings show- ing sig~ificant changes it1 tbc %%'ork made riLlring collstruction b;Lhcd on marked-up prints, drawings hnd <)thor data furnished by Ihe C<)ntractor to the Architect. 3.4.17 Pr<~viding assistance in the utilization of cquipnlcnt or s~stcmb such as testing, adjusting and balancing, preparation of ol~c'rati<~n and 111ailltcnancc mat/Ll:lls, training personnel for ,q ~t:r:~ti~ nl ;ltkl n13intcn:lRcc, a~ld ctnlsuh;Itk)tl dL~ring operation. 3.4.18 Prtwiding services after j,sstlallcc to the Owner of the fin,~: (Zcrti~catc fin' l~aymcnt. or in the absence of a final Cer- tili Lttc for Paylllcnt, Illore H/an (~() d;tys after the date of SUb SLH~ti;fi Colllp]ctio~l of the 3.4.19 Providing services of consultants l~r other than archi- to'.-tLlral, StrtlCttlral, illcchanical ;Hid electrical engineering pot- [it~ns t)[ the Project provided as a part of Basic Se~'iccs. 3.4.20 Providing any other sen'ices not otherwise inc]tldcd in thiq ~XgFCClllCllt OF DOt Customarily furnished in accordance wi~ 1~ gcncr311y acceptcol architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 'I'hi~ t~wncr ,,&all prigvide full infc~rmation regarding requirements for the Project, including a progr:m~ which shall set f~ >rth the Owner's objectives, schedule, constraints gd cri- tc~L~, u-~clud~ng space requirements and relationships, ~cxi- bili',y, cxpand:~bility, spcci:d ccluil3n~cnt, systems and site re, ~kli~ C[IICII{S. 5 B141-1987 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owncr's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owncr's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architcct's services. 4.5 The Owner shall furnish sur~'eys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- ti<ms, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and belov,' grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Ov,'ncr shall furnish the services of gcotechnical engi- neers v.'hcn such services arc rcclucstcd by the Architect. Such services may include but arc not limited to test borings, test pits, clctcrn~inations of soil bearing values, pcrcolation tests, evaluations of hazardous n/atcrj;lls, ground corrosion and resis- tivity tests, inclucling necessary operatkms for anticipating sub- soil conditions, v,'ith reports and approf~riatc professional rccommenclations. 4.6.1 The Ov.'ncr sh:tll furnish the services of other consul- rants v.'bcn sucl~ services arc reasonably required by the scope of the Pr~jcct anti arc rcclucstcd by the Architect. 4.7 Tbc Owner shall furnish structural, n~cchanical, chcn~ical, air and water pollution tests, tests for I~azardot~s materials, and other lal3orator}' and environmental tests, inspections and reports required by la,.v or the Contract I)ocun~cnts. 4.1] The Owner shall ftffnish all legal, accounting and insurance counseling services as n~av bc necessary at any time for the Project, including auditing services the Ov,'ner may require to verify the Contractor's Applications for Pa.vmcnt or to ascertain how or f~r what purposes the C<mtract0r has used tile money paid by or on behalf of the Owner. .. 4.9 The services, inforn~ation, sun'cys and reports requirecl by Paragraphs 4.5 through 4.8 shall be gxrnished at the Owner's expense, and the Architect sh.dl bc entitled to rely upon the accurac.v and complctcr~css thereof. 4.10 Prompt written notice shall hc given bv the Owner to the Architect if the Ov,'ncr becomes aware of any fault or defect in ttne Project or 11onconforll13ncc with the Contract Doctlnlents. 4.11 The proposccl language of certificates c>r certifications rcquesto_l of the Architect or Architect's consultants shall be submitted to the Architect for rcvicv.' ;rod approval at least 14 cktys prior to execution. The Owner shall not request certifica- tions that v,'ould require Xnowledge or services beyond the scope of this Agreement. AIA DOCUMENT B141 o O",v.'NEI{-ARCHITECT AGREEMENT · FOURTEENTH EDITION o AIA® · 0 1987 THE AMERICAN INSTITt 'TE OF ARCHITECTS, I '35 NE%V YORK AVENUE, N W. WASHINGTON, D.C. 20006 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall bc the total cost or esti- nlatcd cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current markct rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided f. ~r by the Architect, p[us a reasonable allowance for the Con- tractor's overhead and profit. In addition, a rc~onable ~low- ancc for contingencies shall bc included for market conditions :H the time of bidding and for changes in the Work during c< ~ ns/ruct ion. 5.1.3 Constructkin Cost does not include the compensation of the Architect and Architcct's consultants, the costs of the land, rights-ogway, financing or other costs which arc the respon- sfi3ilitv of the Owner as provided in Article 4 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluatitms of thc Owncr's Project budget, prclimina~ estimates of Construction Cost and detailed estimates of Con- ~rruction Cost, if any, prepared by the Architect, represent the Architcct's host judgment as a design l~rofessional f~iliar with the o .nstructi<>n industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of Lthor. materials or equipment, over the Contr;tctor's methods ~ ,f determining bid prices, or over conq3ctitivc bidding, market ~r ~cgotiating c<mditions. Accordingly, the Architect cannot .tnd oh)us not warrant or represent that bitIs or ncg<}tiated prices ,,~ Ill n,g va~' from the O~ncr's l>rojcct I~udgct or from ~y c~timatc of Construction Cost or cv:tluation prepared or agreed h> by the Architect 5.2.2 He> fixed limit t>f Construction C<~st shall bc established .~, a c, mdition of this Agreement by the furnishing, proposal or t~tablisbmcnt of a Project budg::t, unless such fixed limit has I~,'cn agreed upon in writing and signed by the parties hereto. If ~uk'h :t fixed limit [las been cstahlishcd, the Architect shall be pcmmtcd to include contingencies for design, bidding and [,ricc cscalation, to determine what materials, equipment, conl- [~t >ncnt systems and types of c¢>nstruction arc to be included in tglc Contract Dt>clllllclltS. to Illakc rcason:tt)Ic adjustments in the s~<)pc of the Project and to include in the Contract Docu- mcnt~ alternate bids to adjust the Constructlira Cost to the fixed hmit Fixed limits. if any. shall bc increased in the amount of an increase in the Contract Sunl occurring after execution of the ( ;ontract for Construction. 5.2.3 If the Bidding or Negotiation Phase h:ts not commenced within 90 days after the Architect submits the ConstR~ction i),>cuments to the Owner. any Pr<3jcct budget or fixed limit of t:t>nstruction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the d.ttc ,>f submission of the Construction Documents to the < hv~lcr and the date on which prt~poqals arc sought. S.Z4 [fa fixed lm~it of Construction Cost (adjusted :~s pro- ~ idcd in Subparagraph 5.2.3) is exceeded by the lowest bona :de bid or negotiated prop, 3sal. the Owner shalh .J give written approv:d of :m incrc:~sc in such fixed Ihnit; .2 authoriTe rcbidding or rcncgothtting of the Project within a rc:k~onahlc time: AIA DOCUMENT B141 · O~'NER-ARCHrrECT AGREEMENT · FOURTEENTH EDITION · AIA~ · ~ 1987 ': {E AMERICAN INSTI I't'FE OF ARCHITECTS. 1735 NE~' YORK AVENUE, N.~'.. WASHINGTON. D.C 200(~5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without aclditional charge, shall modify the Con- tract Documents as neccssaq: to comply with the fixed limit, if established .'ks a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed linDit. The Architcct shall be entitled to compensation in accord:race with this Agreement for all sen'ices performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- parcd by tile Architect for this Project are instruments of the Architcct's service for use solely with respect to this Project and, urlless othersvise provided, the Architect shall be deemed the artthor of these documents and shall retain all common law, statutory and other rcscn'ed rights, including the copyright. The Ov,'ncr shall bc pcrmitted to retain copies, including repro- ducible copies, of the Architcct's Drav;ings, Specifications and other ch>cumcnts for information and reference in connection v,'ith the Ov.'ncr's use and occupancy of the Project. The Archi- tcct's l)ntv,'ings, Spcci~c:ltions or other documents shah not bc used hy the Ovcncr or others on other projects, for additions to this Project or for completion of this Project by others, unless thc Architect is adjudgcd to bc in default under this Agreement, except by agrccmcctt in writing and with appropriate compen- satkin to the Architect. 6.2 Suhmission or distril>ution of documents to meet official rcgulatory rcqt, ircmcnts or for similar purposes in connectior~ v,'ith the Project is not to bc construed as publication in deroga- tion of the Architcct's reserved rights. ARTICLE 7 ARBITRATION 7.1 Chtims, dispt, tcs or other matters in question between tbc parties to this Agreement arising out of or relating to this Agree- mcnt or breach thereof shall be subject to and decided by a?bi- tration in accordance with tIDe Construction Industry Arbitra- tion Rules of the AnDeric:tr~ Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall bc filed in writing with the other party to this Agreemerit :rod v,'ith the American Arbitra- tion Association. A clcmand g>r arbitration shall be made within a reasonable time after the claim. dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings b:k'~cd on such claim. dispute or other matter in question would bc b:u-red by the applicable statutes of lin~itatioi~. 7.a No arbitratkm arising out of or relating to this Agreement shall include, by consolidation. joinder or in any other manner, an additional person or entity not a party to this Agreement, B141-1987 6 except by written consent containing a specific reference to this Agrcemcnt signed by the Owner, Architect, and any other pcrson or entity sought to bc joined. Consent to arbitration inwMving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not n:uned or described therein. The foregoing agree- mcnt 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 catered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may bc terminated by either party upon not less than seven days' written notice should the other part}' fail sul'~stantially to perform in accordance with the terms of this A~ccmcnt throu~ no fault of the p:~y h~itk~ting the temptation. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall bc compensated for ser- vices pcrformcd prior to notice of such suspension. When the Pr~jcct is resumed, the Architcct's compcnsatkm shall be equi- tablT adjusted to provide for expenses incurred in the interrup- tie ~r~ and resumption of the Architcct's services. 8.3 This Agreement may bc terminated by the Owner upon not less than seven days' written notice to the Architect in the c~cnt that the Project is pcrn~:mcntly abando~cd. If the Project is ah:tndoncd by the Owner for more than 90 consecutive days, the Architcct n~ay terminate this Agrccmcnt by giving written i], ~tlcc B.~ l:;ii{Ltl'c t)f the ()wncr to n~akc payi]~Cl~[S ;k ~ ~rd,tncc with this Agreement shall bc c,>n~idercd substantial i/t ~/pCrt'¢)FII1:II1CC aRd CaLISC [~)F tcHl~inatiol~ 8.5 if the Owner fails to n~akc payment when duc the Archi- tc~ [ fi ~y services aI1t[ CXpCI]SCS, the Architect nla>. upon scvcn day,' x~ titten notice to the Owner, sLyspend pcrfoHl~:tnce of Set- v{t t'b tu~dcr this Agreement. LTnlcss payment ,n full is received b', the Architect within seven days of the date of the notice, the sue,pension shall take ct'I~ct x~ithnut further nt~ticc. In the event of a su,pcnsion of services, the Architect shall have no liability It, the t)wncr for clc[;w or ckttllagc C:ltiscd the OxvRCr boCaLISt t~f ~tlt'h SLISpCI1SjOI1 Of ServiCeS. B.~ It~ the c~cnt of tcrminatinn not the fauh of the Architect, the Architect shall bc conq3cnsatcd for services pcrg)Hned prior t~ tcrn3ination. t¢>gcthcr with Rcitllbursahlc Expcnscs then dug ;t~ ~d all '['crminatio~ Expenses as defined it~ Paragraph 8.7. 8.7 'l'~rn~ination Expct~ses :H'c ii~ addition to conlpcnsation ILtsic arid Addition:fi Services, at~d include expenses which arc d:: cctl~ attributahlc to termlibation. 'I'ccminati,.m Expenses shall h.. cnnq3utcd as a percentage of the total conlpcnsation for }?,;,~ic Services and Additional Services earned t,~ the time of ter- I:~tl:tgi<~il, as .1 'i wcnty percent oI the tot:fi ctm~pL-nsation for Basic at~d Additional Services earned to date if termination t>ccurs hcforc or during the pErdesign, sRc a~aiysis, or Schct~atic Design Ph;tscs; 7 B141-1987 .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Arch itect. 9.:2 Terms in this Agreement shall have the san'~e meaning as those in AIA Document A201, 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 accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or hilures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or f:ti[ures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against tile contractors, consuhants, agents and ctllployces of the other for damages, but on[y to the extent cov- ered hy property insurance ciuring construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of A[A Document A201, General Conditions of the Contract for Construction, current as of tile date of this Agreement. The Ov.'ncr and Architcct each shall require similar waivers from their contractors, consultants and agents. 9.5 Thc Owner and Architect, respecti;-cly, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agrcen~cnt ;rod to the partners, succes- sors, :u;sigI'~s and legal reprcsentativcs of such other party with rcspect to :tlt covcn;u~ts of this Agreement. Neither Or:net nor Architect shall assign this Agreement witht~ut tile written con- sent of the other. 9.6 This Agreement represents the entire and integrated agrcc- Illtilt betv.'ccn the Owner at~,.l Architect a/~d supersedes all prior negotiations, reprcscntatk3ns or agreements, either writ- ten or oral. This Agreement m:ty be amended only by written iI~strument signed by both Owner and Architect. ~.7' Nothing coi'ltained in this Agreement shall create a contra.c- tual relationship with or a cause of action it~ favor of a third party agait~st either the Owncr or Architect. 9.8 I rnless otherwise provided in this Agreemerit, 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 h:tzardous m:tterials in arxy form at the Project site, includif~g but not Emitcd to :L';l~cstt>s, asbestos produck~, polychlorinated biphcnyl (PCB) or other to:,:ic substances. 9.~ The Architect shall have tile right to include representa- tions of the design of the Project, including photographs of the cxtcri¢~r and interior, among the Architcct's promotional and professional materials. The Architect's materials shall not include the Owncr's confidential or proprietary inbrmation if the Owner has previously advised the Architect in v.'riting of AIA DOCUMENT B141 '* O\VNER-ARCHFFECT AGREEMENT · FOURTEENTH EDITION ' AIA® * © 198:' lie AMERICAN INS'FH'tTE ()F ..\F. CHFI'ECTS. 1735 NE~,V YORK AVENUE, N.~C, WASHINGTON. D.C. 20006 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 sign and in the pro- motional materials ft~r the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architcct's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave. holidays. vacations. pensions and similar contributions :rod honefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tt, m [~r Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- >tzltants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with tl'~e Project; expenses in connection with authorized out-of-town tr,~,,'cl; long-distat'tcc connnunications; and fees paid for secur- ing approval of authorities h:tving jurisdiction over the Project. 10.2.1.2 Expense or rcpr<~ductk>ns, postage am.l hanoiling of Drawir~gs, Spccific;Riorts and other docun'~cnts. 10.2.1.3 If auth<>rizcd in advance hy the Owacr. expense of overtime work rcquirir~g higher thar~ rcgul:~r rates. 10.2.1.4 Expense t>i' rcndcril~gs. n~odcls :u~d mock-ups requested b,, the Ov.'ncr. 10.~.1.5 Expense of additi¢mal insurance clwcragc or limits, it!eluding professional liability insur:tncc, requested by the ~ lwncr in excess of that normally carried by the Architect and :\!chitect's consultants 10.2.1.6 Expell>;c {)f c<m~putcr-aidcd design and drafting t, i' lil~mcnt time when used in c~mncction with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment zs ,set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and an}' portions of the Project are deleted or otherv,'ise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedu[e set forth in Subparagraph 11.2.2, based on ( 1 ) the lowest bona fide bid or negotiated proposal, or (2} if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on ;lccount of the Architcct's Additional Services anti for Reimbursable Expenses shall he made monthly upon presentation of the Architcct's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall bc made from the Architcct's com- pensation on account of pcn;fity. liquidated damages or other sums withheld from payments to contractors, or on account of thc cost of changes in the Work other than those for v.'hich the Architect h:B been found tt~ bc liable 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6,1 Records of Rcimburs:fi~le Expenses anti expenses per- tairfing to Additional Services and services performed on the b~tqis of a muhiplc of Direct Pcrs<mI~cl Expense shall bc av;til- able to the Owner t>r the Ov,'ncr's authorized representative at lllLItLI:IJJV C~nl':CniCtlt tilllOS. ARTICLE 11 BASIS OF COMPENSATION The C>wner shall con~pcnsatc the Architect .'is follov,'s: 11.1 AN INITIAl. PAYMENT of Dollars (S ) '.]l:fil bc n~:tclc upon cxccution of this Agreement and credited to the Owncr's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and an>' other services included in Article 12 ;L~ part of B;LSiC Services, B:Lsic t ~mpcnsatiot~ shall be con~ptltcd as follows: , :':.t'~; /)clSt'5 {~[ t'c~tHl',t'tt,~dlloH, DtcttidiH.~ stl/Htteilt'd s~ttms. mtltti/~les Or percetttc(~c,~ tittel idt,tttlj:v [,h~iqes to tl'j,it'Z, ptlt'lit~.'~,' ,web, d., ,~[ compettsatie~tt (tpp(L zJ S~lpul&~ed lump sum of twelve khoussn8 &rid no/100's ($12,000.00) Reamburs&hie expenses &re ~nc~uded ~n ~he &bove lump sum. AIA DOCUMENT B141 ,, ()'..VNt".I,~-ARCtlH'ECT AGREEMENT * FOURTEENTH EDITION" AIA® "@1987 ' !1t. \MEI.IICAN INS] I I'L"IE OF AR(THITEC'FS. 1'3$ NE'.X' YORK AVENUE, N.~'., WASIIINGTON, D.C. 20006 B141-1987 8 11.2.'J Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (hl~ert additumal phases as apprt~priate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES percent ( 0 %) $ 0.0 0 percent (10 C~) $12,0 0 0.0 0 percent ( 0 %) $ 0.0 0 percent ( 0 %) $ 0.0 0 percent ( 0 %) $ 0.0 0 one hundred percent (100% 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: On an hourly basis as approved by the Owner. 11.3,2 FOR ADDI'I'tONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (l) Additional Project Representation, :is described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be' computed as follows: (hiserr basis of co~np¢~tsation, including rates and/or multiples of Direct Personnel l'.'~pen.~e for Principals attd e.tployees, and identify Principals arid classqZv t. mldoyees. If required hle,ttzfy speciftc services to which particular methods of comln.,nsation apply. if necessary.) Partner ".$85.00-:perdhour Project Architect $75.00 per hour Architect $65.00 per hour CADO Draftsman $45.00 per hour Clerical $35.00 per hour 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Sen'ices, a multiple of one point one ( 1 . 10 ) times the amounts billed to tile Architect for such sen'ices. ( 1, lentzZl' sl}cctfic t)pes of consultants in Arttcle 12. tf required ) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other itches included in Article 12 as Reimbursable Expenses, a multiple of ore point one ( 1 . 10 ) tithes tile expenses incurred by the Architect, the Archite<;t~'s employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated a.', provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 P:tyn~cnts arc due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts tinpaid S i x ty ( 6 0 ) days al'tcr the invoice date shall bear interest at the rate entered belov,', or m the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. ~ /,t,ert rate <~ triterest agreed ttpon ) t I 'stt~)' latt's and requirements t~ltder the Federal Truth in Lending Act. similar state and local const4rner credit lau's attd other regtdatiotts at the Ou'ner's and A rcbi- .'ect's t,'incipal places of business. the location of the Project and elseu'lgere may affect the t.alidity of this prot'ision. Specific k, gal advice shotdd be obtained u'itb t-!..~pect to deletions or modifications. and also rqgarding require,tents such as u~ritten disclosures or u,c:it,ers.) AIA DOCUMENT B141 * O'.X'NER-ARCHITECT AGREEMENT · FOCIRTEENTH EDITION * AIA® * © 1987 9 B141-1987 Tile AMERICAN INSTITUTE OF ARCIlITECTS, 1735 NEW YORK AVENUE, N.~'., WASHINGTON, D.C. 20006 I 1.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Desert descrlfittons of other sen 'ices, ideqlt~V Additional Serf'ices included within Basic Cornpensation and modifications to the payment and comt~2nsatton terms i,cluded in this Agreentent ) A. The scope of work is as follows: 1. Provide preliminary design services as follows: a. New Programming analysis b. Revised site analysis c. Conceptual bubble diagrams d. Preliminary plans (site and floor) and concepts to scale 2. Provide Design Development services as follows: a. Revise detailed site and floor plans as selected from aproved concept plans. b. Provide elevation/section studies c. Propose materials for selection d. Provide an estimate of Probable Cost of Construction 3. Provide Bond package ~ material as follows: a. Provide a CADD rendering/sketch on CD for distribution as desired. b. PRovide a study model at 1/Sth inch scale c. Provide perspective study sketches d. Assist in Bond~ as desired up to three trips total. B. The contract is modified per Exhibit A attached, ()~rNER ARCHITECT/'; /'// (Signaturt9 (SitYul~ (Pm'Hted name anfl title,) ' I ?Pn'nted name attd title) AIA DOCUMENT B141 "O',;('NER-ARCHITECT AGREEMENT · FOURTEENTIt EDITION "AIA® "©1987 HiE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE~' YORK AVENUE, N.\'¢'., WASHINGTON, D.C. 20006 B141-1987 10 EXHIBIT A The following provisions modify, change, delete from or add to the Standard Form of Agreement Between Owner and Architect, AIA Document B141 (1987 Edition) Articles 1 through 12 inclusive. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES Add the following subparagraph: 1.1.4 The Architect accepts the relationship of trust and confidence established between the Architect and the Owner by this Agreement. The Architect covenants with the Owner to furnish the best skill and judgment of the Architect and to cooperate with the Owner, the Owners representatives, contractors and other interested parties in furthering the interests of the Owner. In order to promote successful completion of the Project in an expeditious and economical manner, the Architect shall provide architectural services for the Owner in all phases of the Project to which this Agreement applies. The Architect acknowledges that the Owner is relying on the Architect to provide professional services in a manner that is consistent with the interests of the Owner. Add the following subparagraph: 1.1.5 The Architect shall perform the Architect's services as an independent contractor in accordance with generally accepted standards in the Architect's profession. The Architect shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by the Architect. The Architect shall, without additional compensation, correct or revise any error or deficiencies in the Architect's services that are caused by the Architect's negligence. The Owner's review, approval, acceptance of, or payment for, any of the Architect's services shall not be construed to waive any of the Owner's rights under this Agreement or any cause of action arising out of the Architect's services. ARTICLE 2 SCOPE OF ARCHITECT"S BASIC SERVICES Add the following sentence to Subparagraph 2.6.2: "The Owner shall provide supplementary conditions for AIA Document A201 which shall include provisions concerning the Architect's authority administer the Contract for Construction ." 1 -EXHIBIT A FOR CONTRACT BETVVEEN CITY OF ASHLAND AND Peck Smiley Ettlin Architects Delete the following phrase from Subparagraph 2.6.3: "with consent of the Contractor, which consent shall not be unreasonably withheld." Delete Subparagraphs 2.6.15 through 2.6.19 and substitute the following: 2.6.1 5 The Architect is not authorized by the Owner to make any decision concerning administration of the Contract for Construction that will increase or decrease the contract time, the contract sum or otherwise materially affect the rights and obligations of the Contractor or the Owner. References in the Agreement between the Owner and the Architect and the General Conditions of the Contract concerning decisions and interpretations of the Architect shall be deemed to mean "recommendations" by the Architect that are subject to approval of the Owner. The Architect shall make written recommendations on all claims, disputes, and other matters in question between the Owner and the Contractor with due diligence. 2.6.16 The Architect's role in resolving claims, disputes, and other matters in question between the Owner and Contractor shall be subject to the provisions of the Contract Documents. ARTICLE 7 ARBITRATION Delete all of Article 7 and substitute the following: 7.1 There shall be a default under this Agreement if either party fails to perform any act or obligation required by this Agreement within fifteen days after the other party gives written notice specifying the breach with reasonable particularity. If the breach specified in the notice cannot be completely cured within the fifteen day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the fifteen period and thereafter proceeds with due diligence and in good faith to cure the breach as soon as practicable. 7.2 Notwithstanding Paragraph 7.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this Agreement. 7.3 In the event of a default, before either party may bring an action in any court concerning this Agreement, such party must first seek in good faith to resolve the issue through negotiation, mediation or through other non-binding alternative dispute resolution. 2-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND Peck Smiley Ettlin Architects 7.4 Pending final resolution of a dispute, or pending termination of this Agreement under this article, the parties shall proceed diligently with the performance of this Agreement. 7.5 If a default occurs and it is not resolved under Paragraph 7.3 above, the party injured by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 7.6 Any litigation arising out of this Agreement shall be conducted in Circuit Court of the State of Oregon for Jackson County. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT Delete all of Article 8 and substitute the following: 8.1 In addition to the right to terminate this Agreement under Article 7 as amended by this exhibit, the Owner may terminate by giving the Architect written notice thirty days prior to the termination date. 8.2 If the Owner terminates this Agreement under Paragraph 8.1, the Architect may complete such analyses and records as may be necessary to place its files in order and if necessary to protect the Architect's professional reputation, to complete a report on the Architect's services performed to date of termination. 8.3 If the Owner terminates this Agreement under Paragraph 8.1, the Architect shall be paid for all fees earned and reimbursable expenses incurred prior to the termination date plus reasonable termination expenses. The Architect shall not be entitled to compensated for lost profits. ARTICLE 9 MISCELLANEOUS PROVISIONS Delete Paragraph 9.1 and substitute the following: 9.1 This Agreement will be governed by and construed in accordance with laws of the State of Oregon. The Architect shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, and local governments with respect to the Architect's services. Delete Paragraph 9.3 and substitute the following: 9.3 In the event of any breach of this Agreement by the Architect or negligent performance of any of the services, the Owner's cause of action against the 3-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND Peck Smiley Ettlin Architects Architect shall not be deemed to accrue until the Owner discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. However, the preceding sentence shall not be construed to allow the Owner to prosecute an action against the Architect beyond the maximum time limitation provided by Oregon law. Add the following paragraphs: 9.10 The services covered by this Agreement shall be rendered by the Project team identified in the Architect's proposal. Hans Ettlin shall act as the Architect's representative in all communications and transactions with the Owner. The Architect shall endeavor in good faith to honor reasonable specific requests of the Owner with regard to assignment of the Architect's employees to perform services if the requests are consistent with sound business and professional practices. 9.11 The Owner reserves the right to approve subcontracts with consultants that the Architect proposes to retain for electrical and mechanical engineering and other services covered by this Agreement. The Owners approval shall not be unreasonably withheld. 9.12 The Architect shall endeavor in good faith to honor reasonable specific requests by the Owner to retain consultants for lighting, acoustical engineering, and interior design, if the requests are consistent with sound business and professional practices. If the Architect does not consent to a request by the Owner to retain a consultant, the Owner shall have the right to contract directly with the consultant, and in that event, the Architect shall coordinate, but shall not be responsible for, the quality of the consultant's services. 9.12 The Architect shall defend, indemnify, and hold harmless the Owner, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages, or other expenses resulting from injury to any person (including injury resulting in death) or damage to property (including loss or destruction), of whatsoever nature, arising out of or incident to the Architect's negligence (including but not limited to, the acts or omissions of the Architect's employees, agents, and others designated by the Architect to perform services covered by this Agreement). The Architect shall not be held responsible for any claims, actions, costs, judgments,. damages, or other expenses directly and proximately caused by the negligence of the Owner, the construction contractor, or any consultant retained by the Owner pursuant to paragraph 9.11. 9.13 The purpose of Subparagraph 9.12 above is to allocate risk for claims between Owner and Architect. Nothing in this Agreement is intended to extend any rights to any other person or organization or to waive any rights to indemnity that Owner or Architect may have under the Contract Documents. To the extent permitted by law, the Contract Documents shall require the construction contractor to defend, indemnify, and hold harmless the Owner and the Architect 4-EXHIBIT A FOR CONTRACT BETVVEEN CITY OF ASHLAND AND Peck Smiley Ettlin Architects from any claims arising from the construction of the Project and to carry liability insurance for such claims. 9.14 The Architect shall, at its own expense, at all times during the term of this Agreement, maintain in force a comprehensive general liability policy including coverage for professional errors and omissions and a comprehensive automobile liability policy including owned and non-owned automobiles. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to the commencement of any services by the Architect. Each certificate shall state that coverage afforded under the policy cannot be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to the Owner. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 9.15 The Architect is engaged by the Owner as an independent contractor in accordance with the standards prescribed in ORS 701.025. The Architect shall be responsible for payment of: .1 Social Security, Federal and State withholding taxes for the wages paid to the Architect's employees. .2 Taxes on payments to the Architect's principals and shareholders. 9.16 The Architect's officers, principals and employees shall not be deemed employees of the Owner and shall not be entitled to any benefits from the Owner that generally are granted to the Owner's employees, such as vacation, holiday and sick leave, other leaves with pay, medical and dental coverage, life and disability insurance, overtime, worker's compensation, unemployment compensation and retirement benefits. 9.17 The Architect shall comply with applicable provisions of ORS 279.312, 279.314, 279.316 and 279.320. Pursuant to ORS 279.316(2) any person employed by the Architect who performs work under this Agreement shall be paid at least time and a half pay for all overtime in excess of 40 hours in any one week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209. 9.18 The Architect is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, the Architect shall certify to the Owner that the Architect has workers' compensation coverage required by ORS Chapter 656. If the Architect is a carrier insured employer, the 5-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND Peck Smiley Ettlin Architects Architect shall provide the Owner with a certificate of insurance. If the Architect is a self-insured employer, the Architect shall provide the Owner with a certification from the Oregon Department of Insurance and Finance as evidence of the Architect's status. 9.19 The Architect shall maintain all licenses and certificates that are required by law for performing architectural services, including, but not limited to, certificates of registration required by ORS Chapter 671. 9.20 Any notice required to be given under this Agreement or any notice required to be given by law shall be in writing and may be given by personal delivery, mail, or facsimile transmission. This paragraph shall not be construed to excuse either party from giving notice in accordance with applicable laws. 9.21 No provision of this Agreement shall be deemed waived unless such waiver is in writing and signed by the party waiving its rights. Any waiver of a breach by either party, whether express or implied, shall not constitute waiver of any other breach. 9.22 If any provision of this Agreement is held by a court to be invalid, such invalidity shall not affect any other provision of this Agreement. This Agreement shall be construed as if such invalid provision had never been included. 6-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND Peck Smiley Ettlin Architects ARTICLE 10 PAYMENTS TO THE ARCHITECT Add the following subparagraphs to Paragraph 10.6: 10.6.2 The Architect shall develop and maintain complete books of account and other records on the Architect's services which are adequate for evaluating the Architect's performance. The Architect's records shall provide a clear distinction between the expenditures and revenues related to the Project and the expenditures and revenues related to the Architect's other business. 10.6.3 The Owner shall have the right to request an audit of the Architect's books and records by a certified public accountant retained by the Owner. Add the following paragraphs: 10.7 The Owner shall not be indebted or liable for any obligation created by this Agreement in violation of the debt limitation of Article XI, Section 10 of the Oregon Constitution. 10.8 The Owner shall not be liable for any expenditure under this Agreement for which statutory appropriation has not been made pursuant to ORS 294.305 et seq. (Local Budget Law). 10.9 The Owner has appropriated funds for the Architect's services that will be provided during the fiscal year that ends on June 30, 1999. In the event no funds or insufficient funds to pay for the Architect's services are appropriated for subsequent fiscal years, the Owner shall notify the Architect as soon as the budgetary decision is made, and this Agreement shall terminate on the last day of the fiscal year for which appropriations are made. Such notice is a condition precedent to invoking the limitation on payment stated in Paragraph 10.8. 7-EXHIBIT A FOR CONTRACT BETVVEEN CITY OF ASHLAND AND Peck Smiley Ettlin Architects . P E C K SMILEY E:fTLIN ARCHITECTS 1220 IW Morrison Suile 600 "Uand OR 97205 503.248.9170 fax 503.248.0223 FIlE 'Y7 ,) " / City of Ashland City Hall Ashland, OR 97520 FROM: ATTN: Greg Scoles Asst. City Manager Fax: (541) 488-5311 DATE: 18 November 1999 RE: Contract Addenda PROJECT NO.: 9924 Please find attached 2 copies of the proposed Architectural Services addenda for the new Main Fire Station for your review, signature and return of one copy to us. A simple notice to proceed in lieu of the signed addenda is also acceptable. Please call me if you have any questions or concerns. ./ tfYIe .--- r- P' F f /1) Jl-ttn!? (I\~ !J# ~ col1,~~ ~ vV l/~ jp {('fin, . [i7 c~ A J Ad?~ ~rrlV ...--- ;rv' r-1- fJ7 ft; f/N~ {;/0 cc: Contract File C:\AIIProjects\99\9908\GregScolea3. WPO Amendment to Article12 "Other Conditions or Services", AlA Document B 141, 1987 Edition, Dated 3 May 1999 between the City of Ashland (owner) and Peck, Smiley, Ettlin Architects (architect): 1. Provide architectural and engineering services in the amount of $236,565 as broken down in the attached Fee Proposal dated 19 November 1999 for a new 14,400 square foot new Main Fire Station located at 455 Siskiyou (Main), Ashland, Oregon with a construction budget of $2,160,000. 2. The scope of work is as follows: Provide programming analysis review and revision Provide conceptual bubble diagrams based on program Provide design development concepts based on bubble diagrams Design development set includes site plan, floor plans, elevations, small scale sections, grading plan, site utilities plan, traffic schematic, landscape design, major exterior materials defined, cost analysis, and planning narrative. Provide planning analysis and submissions. Findings to be developed by architect. Upon planning findings of approval acceptance, provide construction documents including normal mechanical, electrical and structural engineers. Provide second cost estimate at 50% Construction Documents. Provide bidding services. Conduct bid opening. Printing of bid documents by City (plans and specifications). Provide construction administration services including weekly job meetings, review of submittals, responding to RFI's, review of payment requests and project close-out. 3. Billing to be on monthly on a percent completed basis as follows: Preliminary Design 15% Topo/Boundary Survey, Geotech, Levell, Hazmat. Survey $35,480 Design Development Landscape Architect Civil, Soils Engineer Traffic Engineer 20% $47,310 Construction Documents Mechanical, electrical, structural engmeers 42% $106,450 Construction Administration ADW Architects 16.3% $38,535 Expenses 3.7% $8,790 $236,565 TOTAL 100% 4. The consultants will be as follows: Electrical and Mechanical Engineers Interface Engineering Structural Engineers LewisN an Vleet Engineers Civil Engineers PBS Environmental Soils Engineers PBS Environmental Level I Survey PBS Environmental Hazardous Materials Survey PBS Environmental Traffic Engineers Kittleson Engineering Topographical and Boundary Survey Marquess Engineering Landscape Architects Galbreath and Associates Consulting Architect Architectural Design Works S. The scope of work for the traffic engineers is limited to providing controls for the station apparatus exiting only. Traffic or pedestrian signaling improvements to the intersection of Siskiyou and Main are excluded. 6. The use and implementation of "green" and/or recycled construction products or methods will be practiced by the architect and his team wherever feasible or economically viable. The incorporation ofPV's(photovoltaics) will be studied and incorporated into the design as a method of producing power back to the utility grid should it prove economically feasible. 7. Construction document printing for bidding (plans and specifications) is by the City. The architect will be glad to perform this service at cost plus 10%. 8. All expenses are included in the fee quotation except item 7 noted above. The architect limits the number of site visits total to 15. Additional site trips are at cost plus 10% (approximately $690 each). ~ t1. ~(I(()f1 fWA~ Hans O. Ettlin, Partner City of Ashland End of Addenda No.1 c: "C 0 c:+l ~.a .ccn <(Ill Q) ... -u:: o c: ~.- ._ C'll u:2 -' ~ ~ :J ~ "0 o .c ~ ." .5 a.. '" c :;0 ::-n c/) 5.E",.~ 'Z ':.;::::Ic:~;:) j!!o.,,!il enuen~ C 'to c: :;0'" ~""t:l ~o." C.EE!z g~a6 j!! 0 oil;! enUOI~ ... ~ C iil .m - ~ lii ~c~!z o 0)- ::::> ."'.Ui ~ !ll S4)Q)< enOO l'l .'" '" E ~." C.<: .- 0 "'en ~o(\ ~ E I- C '" C Z 0"''' ::> ..., 0).>< !ll s~m~ en 0.. 0 (ij III o 0. e 0..", lilt) CIl ." 0.'" .- .c ~ i:! CIl<( en .~ -E I!UJ ::J>- -." 0= .BE .-en .c.>< <.) 0 ... ." <(0.. '" '" ~ '" '" g '" ~ '" ~ '" '" '" g '" '" '" '" '" '" '" '" I() '" N '" N :; '" N '" '" '" .. ... g '" '" '" '" '" '" ... ... CD ... '" N ... '" r .... '" ... .... lJl ..., l;; ;l; I() ,,; t i, N ,,; N ti ti 0 16 i ,,; N N i N ,.: 16 N .. .. r r .. .. .. .. .. N .. ;;; cD .. .. .. .. N M .. N fi> '" '" ~ '" co '" i '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" I() CD ~ '" co '" N '" :& '" ~ CD CD N '" '" ;!j I() ... .... '" U> '" N .... ot '" '" CD '" ... N N M ,.: ~ tS ri N <D N ci r ... I() fi> CD '" ~ ~ ~ CD N ~ ;!j ;!j CD ~ '" '" '" CD ~ CD ~ ... .., 0 Iii ::> (/) ~ g g"'.;, <!IllS'" '" '" '" '" '" '" '" '" '" '" '" '" 0 J1 J1 .'.;(~.' '... , .. ".y, :& CD '" r '" '" '" '" '" CD '" ,~~ .~..... ..,. . .., '" ... '" '" '" N .... '" '" co co ~ r m:\I'J CD""Cl!)" .... N ,,; ,.: r oj 0 0 'T"- N ... U U ~ ~ C c <I> 0 0 tl tl CD '" ,~;,~ <> '" ~:; :N ;!j ;1; '" '" 00 '" .. ...J .E .E '" N "C':)' .:.... .. ~ .. .., .. ... .... r '" '" ~ C C 0 0 U U ::> - '0 (/) 0 ;, -. "iF- ~ '" '" gJil Q' ,0: .0 0 '" '" '" '" '" '" '" '" '" '" '" '" 0 I() 0 '" '" '" .... ;! '" ~ ... .... <X) I() "'. CD N:U') '" .... '" .... '" '" '" ,.: ,.: N c<i cO 0 N N ~ fi> '" '" '" ~ '" '" '" '" '" '" '" '" '" '" '" '" ...J CD ~ ~ ~ ~ ::> '" g '" 0 '0 0 0 "'6 '" <! '" '" '" 0 0 ~ '" '" '" .", 0 '" 0 I() 0-' Ill) 0 10 N '" '" \:! '" 00 '" '" '" ~ 00 I:: ;! ~ ;! ... <2i il'jt-<'> '" ... .... ....'\0 '" ~ .. .... CD ri 16 16 ri N <D oj oj .. .; ':Nt- 10 r :; N :~:QoO <h .!Ii:!: 'OJ' ... cD T!!I,':4It M W N U. i ::> "' ... ~ ::> "' ... ~ ~ ::> '" .. .. .8 E ~ o z .. ~ '" 00 CO ~ ; 0 '" '" '" '" ;!j ~ CD CD '" '" ...J ... 00 .~. ... N N '" ... ~ 0 .... a> . ::> (/) III .,; iJ)i ..~., "\B: ~;~:1~':! ",\/IFill! '" '" '" '" '" '" '" '" ... '" .... .... .... .... .... 00 ~ o Sl g In o o u >-~~ I) I) :J C ~,,:;;'5 :;;~(/)a>_~ ~il''''<lq '.il8..~ c:(ij .Scl.S!&.dJc:>'co ~~~i~~ll~~t~~~~~ g'fii b'5~'Il "'.a1l~~ ~ ~ ~~ d:<o"l<:.w.liu;~ucl!~:ccil.... '" .s &! '" -.: " o :J: " ~ >- .!1 .e (/) ~ ~ " '" .0; " 11 11 04!{!! -fiss :C. c c a. 19 ]i 19 19 c c c c _ dJ., Q) Q) il~gggE U:..eee~ ~~~~~~~ ~!~~~~~ ~ 0- .. ~ ~ E!"il ~~ i 8, ~ !l:E = .. :;0- .. .. ." g .~ ~ o Qj c fo:! g;~c5 .~ -a Q ct~3 en ...J ~ o ?- m ::J III fl' ,gl W -fl tsi 11;I 'ti i ~ U ." :;; ...i o " m.l!l en C ,,' J! a.:; ...J g:~ ~ II. 0 0 .,; ~ .. I- .<:.'" "'0 ... C '" ,:c,gcZ w:a ~~ ~~.ljCl -0 ~ .5 0- ~ .. '" I- o o o = .~ c o "" '" c ~ o 8 c .m .:; 5 c ~~ C: c c: Q) co o 11::> td o~ iii' c:"O:;: c: ." a; .I!l :J U) q:: (J) : -g jlG (ij :g'E.!!! .C .l!i"'. .- '" $ cq::J!!-:g, '" OlE ~ ffi.E 'US E '" -!Il- l/) a~~~.g ::> oOcgc ~ 0~8>8 m C'S-Cu l;I g e l3 .gl!j;i .<: 0 0..0: ~ ~ ~ .5.s~c Q) ~ ~~~e!'g iil u~ Etlg - ~"O S .- j!! :b -5 ~ .- (5 5i f'o..m-~C: E -."l3 '" c: . '" 0]:; <( ." e S-cmu5.g 'S: .~ ~~~'j"O C o..........Q)cc Q) *'"im-:ol'G ~ ..l!lE..~tl.2;o -3: o.o.a.::Icc ~ .!!! l3 0 :s 1:) ::0 0 Jd .!!!>c:a;.!!!s'C'O> lii t: l!! 8 ~.in .. 8:~ E E 8. a, 6J 0 (ij ~ ,E ~ ~ m ~'0'- c 5 ~ ~.. .- '- L... Q) m.g) ~ 0 c ::::I ::s 0) I/) "'0 "0 (0') ,- c 0 - ge=a; 0 Ol:g "0 ~ ~a. g~.",Cl<( g>~ m cv~ U)CO~ ._..00. ~u~oEoE-gBg. -Q) .....Q)O:J(j U) ~~'~ U),.Cor E c a Q) m ~ ~ ,5 ~ ro 'x .~ 10 -g ~<(i::'iii~"''''Ec.Po "Ow",OCVQ) Cl)(/)C C '0 :.= C m w E 'c .- m(/) c o.\..- E(/) ::1'- CD -c E a.. 5 g. 0 ~ a.. g.g.g ~ ~ m .e ~ '* ~ ~-c cu m ~ g,:; 8.'c 'S; 't) VJ 5 g ,E .E Q: ~ .9 ffi ~ 8 .Q.1i "fl ~ U)~a>Q)i5..Q)Q);.62w ~ .9:! :g:g Q):2:2 ~ (/J en ~ ._>>>~>>(/)CC~ 2:a>eem2E!ll)oof! Jlo::a.o..:;a.a.~UUI- i 1 ( t AC;ORD", CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYY) 1012012000 \ ARIS INSURANCE SERVICES 2101 BUSINESS CENTER DRIVE, SUITE 230 IRVINE, CA 92612 LIC. NO. 0795446 INSURED ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE PRODUCER PECK SMILEY ETTLlN ARCHITECTS 1220 SW MORRISON, #600 PORTLAND, OR 97205 INSURER A: INSURER B: , INSURER C: I I INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V\lHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'r-r; i TYPE OF INSURANCE i GENERAL UABlUTY ~~MERCIAL GENERAL LIABILITY ~ CLAIMS MADE D OCCUR I __~__' --.-J GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY n ~f& n LOC AUTOMOBILE UABlUTY :=J ANY AUTO ~ ALL OWNED AUTOS SCHEDULEO AUTOS ----: : HIRED AUTOS ----: NON-owNED AUTOS - POUCY NUMBER DATE(IlMl~ i' DATE IMMlDDIVYl : GARAGE UABlLlTY ~ Am AUTO EXCESS UABlUTY :=J OCCUR D CLAIMS MADE 'I DEDUCTIBLE I RElENTlON $ WORKERS COMPENSA11ON AND A EMPLOYERS' UABlUTY , : COMBINED SINGLE LIMIT ,$ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ I OTHER THAN EA ACC $ : AUTO ONLY: AGG $ I i EACH OCCURRENCE $ : AGGREGATE $ ! $ . --. : $ : $ 09/01100 09/01101 : X i {Oli.}' 1.?MI'fS I IVER- ! E.L. EACH ACCIDENT $ ! E.L DISEASE - EA EMPLOYE' S ! E.L. DISEASE - POLICY LIMIT S '- - -- 2043171 OTHER I I I 1uuuuu 'uuuuu I DESCRlP110N OF OPERA11ONSILOCA 11ONS/VEIICLESIEXCLUSlONS ADDED BY ENDORSEMENT/SPEClAL PROVISIONS SEE ATTACHED ENDORSEMENT I CERTIFICATE HOLDER I ! ADDl110NAL INSURED: INSURER LETTER: CANCELLATION THE CITY OF ASHLAND 20 E. MAIN ST. ASHLAND, OR 97520 SHOULD Am OF THE ABOVE DESCRIBED POUCIES BE CANCEllED BEFORE THE EXPlRA110N DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NonCE TO THE CERnFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGA110N OR L1ABlUTY OF Am KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA T1Ves. ,- '1 ~O^R~~S~TAI}{)( 111. '{~. \ \I (ii) ,"""...1111111 I C:IFMPROICERTPROS.WEB sf" 860007 (ED. 1-88) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY POLICY INFORMATION PAGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to the preparation of the policy) THIS ENDORSEMENT, EFFECTIVE ON 10/20/00 AT 12:01 A.M. STANDARD TIME, FORMS A PART OF POLICY NO. 2043171 OF THE AMERICAN ZURICH INSURANCE COMPANY ISSUED TO PECK SMILEY ETTLIN ARCHITECTS. THE FOLLOWING IS NAMED AS ADDITIONAL INSURED FOR SERVICES PERFORMED BY THE NAMED INSURED: THE CITY OF ASHLAND, ITS OFFICERS, EMPLOYEES & AGENTS /& ~AJ)~it)fAfJ; SHERRY YO G FOR A S (Authorized Representative) . , ACORD CERTIFICATE OF LIABILITY INSURANCE ,. DATE (MMlDDIYY) 04/26/2001 PRODUCER ARIS INSURANCE SERVICES 2101 BUSINESS CENTER DRIVE, SUITE 230 IRVINE, CA 92612 L1C. NO. 0795446 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE PECK SMILEY ETTLlN ARCHITECTS 1220 SW MORRISON, #600 PORTLAND, OR 97205 ------r::~URER A: INSURER B: I INSURER C: : INSURER 0: INSURER E: AMERICAN ZURICH IN URANCE CO INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'rt'R' TYPE OF INSURANCE I I GENERAL LIABILITY 1 q COMMERCIAL GENERAL LIABILITY : , . , CLAIMS MADE I OCCUR POLICY NUMBER I DATE MMlDONYf DATE IMMlDDNyf' LIMITS EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) I $ PERSONAL & ADV INJURY ! $ GENERAL AGGREGATE $ PRODUCTS, COMPIOP AGG $ -- r--; I ' , ~'L AGGREGATE LIMIT APPLIES PER:' I I POLICY n \'r8,: n LOC : AUTOMOBILE LIABILITY ~ ANY AUTO ALL OWN ED AUTOS ' SCHEDULED AUTOS H HIRED AUTOS D NON.()WNED AUTOS 1--, H I I LGARAGE LIABILITY ! ==1 ANY AUTO r I I EXCESS LIABILITY ' o OCCUR D CLAIMS MADE I I DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND A I EMPLOYERS' LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ I BODILY INJURY I (Per accident) $ PROPERTY DAMAGE (Per accident) $ 09/01/00 09/01/01 AUTO ONLY, EAACCIDENT $ EAACC $ AGG $ EACH OCCURRENCE ---+~___.~_ AGGREGATE -i;- _ _.__= 1$ '$ X I T'O'R,nrMI!fs liVeR" I E.L. EACH ACCIDENT $ 10uuOO 'Ei. DISEASE. EA EMPLOYEE s-----TOOOW- E.L. DISEASE. POLICY LIMIT $ 5uuuuu OTHER THAN AUTO ONLY: I I 12043171 I -- i I I OTHER I DESCRIPTION OF OPERATlONSlLOCATlONSlVEHCLES/EXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS SEE ATTACHED ENDORSEMENT CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION THE CITY OF ASHLAND 20 E. MAIN ST. ASHLAND, OR 97520 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~RJZ~D:~R~S~TArWlll 11 eft \' , ~ IIUl'll11llll I -lj (T/lff I C:\FMPROICERTPROS.WEB 860007 (ED. 1-88) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY POLICY INFORMATION PAGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to the preparation of the policy) THIS ENDORSEMENT, EFFECTIVE ON 04/26/01 AT 12:01 A.M. STANDARD TIME, FORMS A PART OF POLICY NO. 2043171 OF THE AMERICAN ZURICH INSURANCE COMPANY ISSUED TO PECK SMILEY ETTLIN ARCHITECTS THE FOLLOWING IS NAMED AS ADDITIONAL INSURED FOR SERVICES PERFORMED BY THE NAMED INSURED: THE CITY OF ASHLAND, ITS OFFICERS, EMPLOYEES & AGENTS