HomeMy WebLinkAbout1998-099 Agrmt - Peck Smiley EttlinTHE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document BI41
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the Thirtieth
Hundred and Ninety-Eight
BETWEEN the Owner:
day of July
in the year Nineteen
City of Ashland
Ashland, Oregon 97520
and the Architect:
Peck Smiley Ettlin Architects
1220 SW Morrison #600
Portland, Oregon 97205
For the following Project:
(Include detailed description of Project location and scope.)
Schematic design and budget analysis for Fire Station 1 located at 455 Siskiyou Boulevard, and
Fire Station 2 located at 1866 Ashland Street. Scope of work per Article 15 and attachment 1.
AlADOCUMENTB141eOWNER-ARCHITECTeTHIRTEENTHEDITIONeJULY1977~AiA ®· ® 1977
TIII AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B141-1977 I
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services i ncl uded
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by
the Owner to ascertain the requirements of the Project and
shall review the understanding of such requirements with
the Owner.
1.1.2 The Architect shall provide a preliminary evaluation
of the program and the Project budget requirements, each
in terms of the other, subject to the limitations set forth in
Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Proiect budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating the
scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a Statement
of Probable Construction Cost based on current area,
volume, or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in the
program or Proiect budget, the Architect shall pre-pare, for
approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and
describe the size and character of the entire Project as to
architectural, structural, mechanical and elec~trical systems,
materials and such other elements as may be appropriate.
1.2.2 The Architect shall submit to the Ownera further
Statement of Probable Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual-ity
of the Proiect or in the Project budget authorized by the
Owner, the Architect shall prepare, for approval by the
Owner, Construction Documents consisting of Draw-ings
and Specifications setting forth in detail the requirements
for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara-
tioI~ of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agreement
between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust-
ments to previous Statements of Probably Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-ing
jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest Statement of
Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction
1.5 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Contractor is due, or in the absence of a final Certificate for
Payment or of such due date, sixty days after the Date of
Substantial Completion of the Work, whichever occurs first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall provide administration of the Contract for Construc-
tion as set forth below and in the edition of AIA Document
A20t, General Conditions of the Contract for Con-
struction, current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the Owner
during the Construction Phase, and shall advise and
consult with the Owner, instructions to the Contractor shall
be forwarded through the Architect. The Architect shall
have authority to act on behalf of the Owner only to the
extent provided in the Contract Documents unless
otherwise modified by written instrument in ac-cordance
with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals ap-
propriate to the stage of construction or as otherwise
agreed by the Architect in writing to become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Architect
shall not be required to make exhaustive or con-tinuous on-
site inspections to check the quality or quan-tity of the
Work. On the basis of such on-site observations as an
architect, the Architect shall keep the Owner informed of
the progress and quality of the Work, and shall endeavor to
guard the Owner against defects and deficiencies in the
Work of the Contractor.
1.5.5 The Architect shall not have controt 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,
for the acts or omissions of the Contractor, Sub-
contractors or any other persons performing any of the
AIADOCUMENTB141 · OWNER-ARCHITECT ·THIRTEENTH EDITION ·JULY 1977·AIA~a· ~ 1977
]HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B141-1977 3
Work, or for the failure of any of them to carry out the
Work ~n accordance with the Contract Documents~
1.5.6 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
1.5.7 The Architect shall determine the amounts owing to
the Contractor based on observations at the site and on
evaluations of the Contractor's Applications for Payment,
and shall issue Certificates for Payment in such amounts, as
provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall
constitL~te a representation by the Architect to the Owner,
ba,~ed on the Architect's observations at the site as pro-
vided in subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work
has progressed to the point indicated; that, to the best of
the Architect's knowledge, information and belief, the qual-
ity of the Work is in accordance with the Contract Docu-
ments (subject to an evaluation of the Work for confor-
mance with the, Contract Documents upon Substantial
Completion, to the results of any subsequent tests required
by or performed under the Contract Documents, to minor
deviations from the Contract Documents cor-rectable prior
to completion, and to any specific qualifications stated in
the Certificate for Payment); and that the Contractor is
entitled to payment in the amount certified. However, the
iSSLlance of a Certificate for Payment shall not be a
representation that the Architect has made any examination
to ascertain how and or what purpose the Contractor has
used the moneys paid on account of the Contract Sum.
1.5.9 The Architect shall be the interpreter of the re-
quirements of the Contract Documents and the judge of the
performance thereunder by both the Owner and
Contractor. The Architect shall render interpretations nec-
cessary for the proper execution or progress of the Work
with reasonable promptness on written request of either the
Owner or the Contractor, and shall render written de-
scisions, within a reasonable time, on all claims, disputes
and other matters in question between the Owner and the
Contractor relating to the execution or progress of the
Work or the interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in written or
graphic form. In the capacity of interpreter and judge, the
Architect shall endeavor to secure faithful performance by
both the Owner and the Contractor, shall not show
partiality to either, and shall not be liable for the result of
any interpretation or decision rendered in good faith in
su(:h capacity.
1.5.11 The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent of
the Contract Documents. The Architect's decisions on any
other claims, disputes or other matters, including those in
question between the Owner and the Contractor, shall be
subject to arbitration as provided in this Agreement and in
the Contract Documents.
1.5.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, in the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent
of the Contract Documents, the Architect will have author-
ity to require special inspection or testing of the Work in
accordance with the provisions of the Contract Docu-
ments, whether or not such Work be then fabricated, in-
stalled or completed
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the Work
and with the information given in the Contract Documents.
Such action shall be taken with reasonable promptness so
as to cause no delay. The Architect ap-proval of a specific
item shall not indicate approval of an assembly of which
the item is a component.
1.$.14 The Architect shall prepare Change Orders for the
Owner's approval and execution in accordance with the
Contract Documents, and shall have authority to order
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.
1.5.15 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review, written warranties and related documents
required by the Contract Documents and assembled by the
Contractor, and shall issue a final certificate for Pay-ment.
1.5.16 The extent of the duties, responsibilities and lim-
itations of authority of the Architect as the Owner's rep-
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con-
tractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex-
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, em-
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed between
the Owner and the Architect as set forth in an ex-hibit
appended to this Agreement, which shall describe the
duties, responsibilities and limitations of authority of such
Project Representatives.
1.6.3 Through the observations by such Project Repre-
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project representa-
tion shall not modify the rights, responsibilities or obliga-
tions of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic
Services unless so identified in Article 15. They shall
be provided if authorized or confirmed in writing by
the Owner, and they shall be paid for by the Owner as
provided in this Agreement, in addition to the
compensation for Basic Services.
1.7.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project.
AIADOCUMENTB141 ·OWNER-ARCHITECT·THIRTEENTHEDITION ·]UEY 1977·AIA ®· ® 1977
4 B~41-1977 TI-~E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
1.7.2 Providing financial feasibility or other special
studies
1.7.3 Providing planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis-
sions required for approvals of governmental authorities or
others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be
constructed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verity the accuracy of drawings or other information fur-
nished by the Owner.
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
separate contractors or by the Owners own forces.
1.7.8 Providing services in connection with the work of
a construction manager or separate consultants retained by
the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs, or detailed quan-
tity surveys or inventories of material, equipment and
labor.
1.7.11) Providing interior design and other similar ser-
vices required for or in connection with the selection,
procurement or installation of furniture, furnishings and
related equipment.
1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent with
written approvals or instructions previously given, are
required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such doc-u-
ments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting
data and providing other services in connection with
Change Orders to the extent that the adjustment in the
Basic Compensation resulting from the adjusted Con-
struction Cost is not commensurate with the services re-
quired of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Architect.
1.7.14 Making investigations, surveys, valuations, inven-
tories or detailed appraisals of existing facilities, and serv-
ices required in connection with construction performed by
the Owner.
1.7.15 Providing consultation concerning replacement of
any work damaged by fire or other cause during con-
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default
of the Contractor, or by major defects or deficiencies in the
Work of the Contractor, or by failure of performance of
either the Owner or Contractor under the Contract for
Construction.
1.7.17 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked-up prints, drawings and
other data furnished by the Contractor to the Architect.
1.7.18 Providing extensive assistance in the utilization of
any equipment or system such as initial start-up or testing,
adjusting and balancing, preparation of operation and
maintenance manuals, training personnel for operation and
maintenance, and consultation during operation.
1.7.19 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence of a final
Certificate for Payment, more than sixty days after the Date
of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than the
normal architectural, structural, mechanical and electrical
engineering services for the Project.
1.7.22 Providing any other services not otherwise in-clud-
ed in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1.8 TIME
1.8.1 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the
Owner's approval a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds,and shall include allowances for peri-
ods of time required for the Owner's review and approval
of submissions and for approvals of authorities having
jurisdiction over the Project. This schedule,when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, including space requirements and relation-
ships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it shall
include contingencies for bidding, changes in the Work
during construction, and other costs which are the
responsibility of the Owner, including those described in
this Article 2 and Subparagraph 3.1.2. The Owner shall, at
the request of the Architect, provide a statement of funds
available for the Project, and their source.
2.3 The Owner shall designate, when necessary, a rep-
AIADOCUMENTB141 ·OWNER-ARCHITECT·THIRTEENTHEDITION ·JULY1977·AIA ®· ® 1977
TH~ AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B141-1977 5
re~entative authorized to act in the Owner's behalf with
respect to the ProjecL The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Architect's service.
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoining
property; rights-of-way, restrictions, boundaries and
contours of the site; locations, dimensions and complete
data pertaining to existing buildings, other improvements
and trees; and full information concerning available serv-
ice and utility lines both public and private, above and
below grade, including inverts and depths.
2.5 The Owner shall furnish the services of soil engineers
or other consultants when such services are deemed
necessary by the Architect. Such services shall include test
borings, test pits, soil bearing values, percolation tests, air
and water pollution tests, ground corrosion and resistivity
tests, including necessary operations for determining sub-
soil, ai r and water conditions, with reports and appropri-ate
professional recommendations.
2.6 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and re-
ports are required by law or the Contract Documents.
2.7 The Owner shall furnish all legal, accounting and in-
surance counseling services as may be necessary at any
time for the Project, including such auditing services as the
Owner may require to verify the Contractor's Applica-tions
for Payment or to ascertain how or for what pur-poses the
Contractor uses the moneys paid by or on be-half of the
Owner.
2.8 The services, information, surveys and reports re-
quared by Paragraphs 2.4 through 2.7 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.9 If the Owner observes or otherwise becomes aware of
any fault or defect in the Project or nonconformance with
the Contract Documents, prompt written notice thereof
shall be given by the Owner to the Architect.
2.10 The Owner shall furnish required information and
services and shall render approvals and decisions as ex-
peditiously as necessary for the orderly progress of the
Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
3.1.2 The Construction Cost shall include at current
market rates, including a reasonable allowance for over-
head and profit, the cost of labor and materials furnished
by the Owner and any equipment which has been de-
signed, specified, selected or specially provided for by the
Architect.
3.1.3 Construction Cost does not include the compen-
sation of the Architect and the Architect's consultants, the
cost of the land, rights-of-way, or other costs which are the
responsibility of the Owner as provided in Arti-cle 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budget, State-
ments of Probable Construction Cost and Detailed Esti-
mates of Construction Cost, if any, prepared by the Archi-
tect, represent the Architect's best judgment as a design
professional familiar with the construction indus-try. It is
recognized, however, that neither the Architect nor the
Owner has control over the cost of labor, mate-rials or
equipment, over the Contractor's methods of de-termining
bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated
prices will not vary from the Project budget proposed,
established or approved by the Owner, if any, or from any
Statement of Probable Construction Cost or other cost
estimates or evaluation prepared by the Architect.
3.2.2 No fixed limit of Construction Cost shall be estab-
lished as a condition of this Agreement by the furnishings,
proposal or establishment of a Project budget under Sub-
paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such
fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been estab-
lished, the Architect shall be permitted to include con-
tingencies for design, bidding and price escalation, to de-
termine what materials, equipment, component systems
and types of construction are to be included in the Con-
tract Documents, to make reasonable adiustments in the
scope of the Project and to include in the Contract Docu-
ments alternate bids to adjust the Construction Cost to the
fixed limit. Any such fixed limit shall be increased in the
amount of any increase in the Contract Sum occurring after
execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not com-
menced within three months after the Arch itect submits the
Construction Documents to the Owner, any Project budget
or fixed limit of Construction Cost shall be ad-justed to
reflect any change in the general level of prices in the
construction industry between the date of submis-sion of
the Construction Documents to the Owner and the date on
which proposals are sought.
3.2.4 Ifa Project budget or fixed limit of Construction Cost
(adjusted as provided in Subparagraph 3.2.3) is ex-ceeded
by the lowest bona fide bid or negotiated pro-posal, the
Owner shall (1) give written approval of an increase in
such fixed limit, (2) authorize rebidding or re-negotiating of
the Project within a reasonable time, (3) if the Project is
abandoned, terminate in accordance with Paragraph 10.2,
or (4) cooperate in revising the Project scope and quality
as required to reduce the Construction Cost. In the case of
(4),provided a fixed limit of Construc- tion Cost has been
established as a condition of this Agree-ment, the Architect,
without additional charge, shall mod-ify the Drawings and
Specifications as necessary to comply with the fixed limit.
The providing of such service shall be the limit of the
Architect's responsibility arising from the establishment of
AIADOCUMENTB141 · OWNER-ARCHITECT~THIRTEENTHEDITION ~JULY 1977·AIA ®· ® ~977
6 B141~1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
such fixed limit, and having done so, the Architect shall be
entitled to compensation for all services performed, in
accordance with this Agreement, whether nor not the
Construction Phase is commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment taxes and other statutory employee
benefits, insurance, sick leave, holidays, vacations,
pensions and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi-
tect's employees and consultants in the interest of the
Project for the expenses listed in the following Sub-
paragraphs:
1.5.1 Expense of transportation in connection with the
Project; living expenses in connection with out-of-town
travel; long distance communications; and fees paid for
securing approval of authorities having jurisdiction over the
Project
1.5.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
1.5.3 Expense of data processing and photographic pro-
duction techniques when used in connection with Addi~
riohal Services.
1.5.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
1.5.5 Expense of renderings, models and mock-ups re-
quested by the Owner.
1.5.6 Expense of any additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally carried by the
Architect and the Architect's consultants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An initial payment as set forth in Paragraph 14.1 is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly and shall be in proportion to services per-
formed within each Phase of Services, on the basis set forth
in Article 14.
6.1.3 If and to the extent that the Contract Time initially
established in the Contract for Construction is exceeded or
extended through no fault of the Architect, compensation
for any Basic Services required for such extended period of
Administration of the Construction Contract shall be
computed as set forth in Paragraph 14.4 for Addi-tional
Services.
6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
deleted or otherwise not constructed, compensation for
such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
with the schedule set forth in Subparagraph 14.2.2, based
on (1) the lowest bona fide bid or negotiated proposal or,
(2) if no such bid or proposal is received, the most recent
Statement of Probable Construction Cost or Detailed Esti-
mate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.4 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages
other sums withheld from payments to contractors, or on
account of the cost of changes in the Work other than
those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall be
compensated for all services performed prior to receipt of
written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph
10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation shall
be equitably adjusted.
ARTICLE 7
ARCHITECTIS ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on
the basis of a Multiple of direct Personnel Expense shall be
kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments orserr-ice
are and shall remain the property of the Architect whether
the Project for which they are made is executed or not. The
Owner shall be permitted to retain copies, in-cluding
reproducible copies, of Drawings and Specifications for
information and reference in connection with the Owner's
use and occupancy of the Project. The Drawings and
Specifications shall not be used by the Owner on other
projects, for additions to this Project, or for completion of
this Project by others provided the Architect is not in
default under this Agreement, except by agreement in
AIADOCUMENTB141 · OWNER-ARCHITECT ®THIRTEENTH EDITION ·JULY 1977·AIA ®· ® 1977
TI I[ AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B141-1977 7
writing and with appropriate compensation to the Archi-
tect.
8.2 Submission or distribution to meet official regulatory
requirements or for other purposes in connection with the
Project is not to be construed as publication in derogation
of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question
between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitra-tion
Association then obtaining unless the parties mutu-ally
agree otherwise. No arbitration, arising out of or re-ating to
this Agreement, shall include, by consolidation, joinder or
in any other manner, an additional person not a party to
this Agreement except by written consent con-raining a
specific reference to this Agreement and signed by the
Architect, the Owner, and any other person sought to be
joined. Any consent to arbitration involving an ad-ditional
person or persons shall not constitute consent to arbitration
of any dispute not described therein or with any person not
named or described therein. This Agreement to arbitrate
and any agreement to arbitrate with an additional person or
persons duly consented to by the parties to this Agreement
shall be specifically enforceable under the prevailing
arbitration law.
9.2 Notice of the demand for arbitration shall be filed in
writing with the other party to this Agreement and with the
American Arbitration Association. The demand shall be
made within a reasonable time after the claim, dispute or
other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when
institution of legal or equitable proceedings based on such
claim, dispute or other matter in question would be barred
by the applicable statute of limitations.
9.3 the award rendered by the Arbitrators shall be final,
an(] judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This agreement may be terminated by either party
upon seven days' written notice should the other party fail
substantially to perform in accordance with its terms
through no fault of the party initiating the termination
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect in
the event that the Project is permanently abandoned.
10.3 In the event of termination not the fault of the Ar-
chitect, the Architect shall be compensated for all services
performed to termination date, together with Reimbursable
Expenses then due and all Termination Expenses as defined
in Paragraph 10.4.
10.4 Termination Expenses include expenses directly
attributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total Basic and Additional Compensa-tion
earned to the time of termination, as follows:
.1 20 percent if termination occurs during the Sche-
matic Design Phase; or
.2 10 percent if termination occurs during the Design
Development Phase; or
.3 5 percent if termination occurs during any subse-
quent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Architect.
11.2 Terms in this Agreement shall have the same mean-
ing as those in AIA Document A201, General Conditions
of the Contract for Construction, current as of the date of
this Agreement.
11.3 As between the parties to this Agreement: as to all
acts or failures to act by either party to this Agreement, any
applicable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have
accrued in any and all events not later than the rele-vant
Date of Substantial Completion of the Work, and as to any
acts or failures to act occurring after the relevant Date of
Substantial Completion, not later than the date of issuance
of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights against
each other and against the contractors, consult-ants, agents
and employees of the other for damages cov-ered by any
property insurance during construction as set forth in the
edition of AIA Document A201, General Con-dictions,
current as of the date of this Agreement. The Owner and
the Architect each shall require appropriate similar waivers
from their contractors, consultants and agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives
of such other party with respect to all covenants of this
Agreement. Neither the Owner nor the Architect shall
assign, subject or transfer any interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree-
ments, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner
and Architect.
AIADOCUMENTB141 ·OWNER-ARCHITECT®THIRTEENTHEDITION ·JULY r977·AIA ®· ® 1977
8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6,
to the Architect, and the other terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of Zero dollars ($ 0.00
shall be made upon execution of this Agreement and credited to the Owner's account as follows:
Payments
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article
15 as part of Basic Services, Basic Compensation shall be computed as follows:
(Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa-
ti~n apply, if necessary.)
Stipulated lump sum of thirteen thousand eight hundred forty dollars and no/100 ( $13,840.00 )
Reimbursable expenses are included in the above lump sum.
14.2.2
Where compensation is based on a Stipulated Sum or a Percentage of Construction Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
(t~clude any additional Phases as appropriate.)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
100% $13,840.00
O% $ 0.00
0% $ o.oo
0% $ 0.00
0% $ 0.00
14.3
FOR PROJECT REPRESENTATION BEYON D BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
AIADOCUMENTB141 · OWNER-ARCHITECF·THIRTEENTHEDITION ·JULY 1977·AIA '~'· ® 1977
IHI ~,MFRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B141-1977 9
14.4 COMPENSATION FOR ADDITIONAl_ SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCH ITECT, as described in Paragraph 1.7, and any other services in-cluded
in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compenosation shall
be computed as follows:
I Here insert basis compel~sation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals
a~d classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.)
Partner:
Project Architect:
Arch itect:
CADD Draftsman:
Clerical:
$75.00 per hour
$65.00 per hour
$55.00 per hour
$45.00 per hour
$35.00 per hour
14.4.2
FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-tional
Services, a multiple of one point one ( 1.10 ) times the amounts billed to the
Architect for such services.
(Identify specific types of consultants in Article 15, if required.)
14.5
14.6
14.7
14.7.1
14.7.2
FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim-
bursable Expenses, a multiple of one point one ( 1.10 ) times the amounts expended
by the Architect, the Architect's employees and consultants in the interest of the Project.
Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at
the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of
the Architect.
(Here i~sert any rate of interest agreed upon.)
(Usuary laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.)
The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
IF THE SCOPE of the Proiect or of the Architect's Services is changed materially, the amounts of compensation shall
be equitably adjusted..
IF THE SERVICES covered by this Agreement have not been completed with
( ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples
et forth herein shall be equitably adjusted.
AIADOCUMENTB141 · OWNER-ARCHITECT~THIRTEENTHEDITION·JULY 1977·AIA ®· ® 1977
10 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
ARTICLE 15
OTHER CONDITIONS OR SERVICES
Scope of work per attachment "Architectural Services Proposal" dated 10 July 98.
AlA DOCUMENT 8141 . OWNER-ARCHITECT .THIRTEENTH EDITION. JULY 1977 . AlA @. ,~ 1977
THE Nv\ERICAN INSTITUTE OE ARCHITECTS, 1735 NEW YORK AVE" N,W" WASHINGTON, D,C. 20006
8141-1977 11
This Agreement entered into as of the day and year first written above.
OWNER
ARCHITECT
City at Ashland
Peck Smiley Ettlin Architects
City Hall
1220 SW Morrison #600
;:h~'~;:O
portl~n 97205
/T~
BY {/'
'Hans 0, Ettl in, Partner
12 6141-1977
AlA DOCUMENT 8141 . OWNER-ARCHITECT .THIRTEENTH EDITION. JULY 1977 . AlA @. '" 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N,W., WASHINGTON, D.c. 20006
City of Ashland
New Stations I and 2
Architectural Services Proposal
Peck Smiley Ettlin Architects
10 July 1998
Hourly Rates
COST CATEGORY RATE
Peck Smiley Ettlin
Interface
Interface
Interface
LewisNanFleet
Otten & Assoc
PBS Environmental
PBS Environmental
PSE Architects
PSE Architects
Station 1
Program & Schematics
Design
AMOUNT SUBTOTAL
Reimbursable Expenses
Mileage
Perdiem
Printing, Photos
Principal 75 24
Architect 55 40
Draftsman 45 72
Mech Engineer 70 0
Elect Engineer 70 0
Eng Draftsman 48 0
Struct Engineer 75 0
Landscape Architect 55 0
Civil Engineer 70 0
C.I.H 75 0
Secretarial 35 8
CADD Rendering 45 0
SUBTOTAL
Station 2
Program & Schematics
Design Design Development
AMOUNT SUBTOTAL AMOUNT SUBTOTAL
Construction Construction
Documents Services
AMOUNT SUBTOTAL AMOUNT
1800 8 600 0 0 0
2200 40 2200 0 0 0
3240 72 3240 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
280 8 280 0 0 0
0 0 0 0 0 0
7520 SUBTOTAL 6320 SUBTOTAL 0 SUBTOTAL
5OO
105
150
~ction Period
,s
SUBTOTAL AMOUNT SUBTOTAL
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
'AL 0 SUBTOTAL 0
0
0
0
0
0
0
0
0 SUBTOTAL
Services Included:
Review Program Study by T.L. Mularz
Provide revised PSE Architects Program for each station.
Provide Preliminary Site Analysis for each site.
Review Zoning, Building Code restrictions.
Provide schematic design concepts for each site.
Provide cost estimate for each site.
$7,520
$6,320
$766
$13,840
Station 1 Preliminaries Fee
Station 2 Preliminaries Fee
Expenses
GRAND TOTAL
S U BTOTA LS $7,520 $6,320 $0 $0 $0 $0