HomeMy WebLinkAbout1998-151 Agrmt - Berry ArchitectsI
Standard Form of Agreement Between Owner and Architect
AIA Document B141 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATFORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, I966, 1967, 1970, 1974, 1977, 1987 by The American Institute of Architects, 1735 New York Avenue,
N W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates
the copyright laws of the United States and wilt be subject to Legal prosecution.
AGREEMENT
made as of the day of in the year of Nineteen Hundred and
BETWEEN the Owner:
(Name and address)
The City of Ashland. Oregon
20 East Main Street
Ashland. Oregon 97520
and the Architect:
[Name and address)
BERRY ARCHITECTS. P.C.
460 East Second Avenue
Eugene. Oregon 97401
For the following Project:
(Include detailed descrtption of Project. location. address and scope. ~
CIVIC CENTER AND CITY HALL FACII,ITIES.
Part 1: Space needs assessment for departments and/or functions identified in the ?roject Approach (Exhibit B): existing building
assessments fbr buildings identified m Exhibit B: Alternative planning scenarios: and conceptual ~ and estimates for
Owner-selected scenario as described in Exhibit B.
Part 2: If authorized in writing by the Owner. Architect shall provide Basic Services and Additional Services for building project(s)
resulting from Part 1. Projects may include new facilities. renovations. or additions to existing facilites.
The Owner and Architect agree as set forth below.
AIA DOCUMENT BI41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B 141-1987
Page #1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services
performed 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 Architect's services shall be performed 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 pertbrmance of the Architect's services
which may be adjusted as the Project proceeds, and shall
include allowances for periods of time required for the
Owner's review and for approval of submissions by
authorities having jurisdiction over the Project. Time limits
established by this schedule approved by the Owner shall not,
except for reasonable cause, be exceeded by the Architect or
Owner.
1.1.3 The services covered by this Agreement are subject
to the time limitations contained in Subparagraph 11.5.1.
Insert A: 1.1.4 See FxhibitA
Insert B: 1.1.5-See Fxhibit A
limitations ~et forth in Subparagraph 5.2.1.
Insert E: (See Article 12~
2.2.3 The Architect shall review with the Owner
alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program,
schedule and construction 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.
2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construction Cost based on current
area, volume or other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design
Documents and any adjustments authorized by the Owner in
the program, schedule or consrruction 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, structural, mechanical and
electrical systems, materials and such other elements as may
be appropriate.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those
described in Paragraphs 2.2 through 2.6 and any other
services identified in Article 12 as part of Basic Services, and
include normal structural, mechanical and electrical
engineering services.
Insert_ C: The term "~roiect" includes tl~e [~lural
"Droiects".
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by
the Owner-t-o ascertain the requirements-o.f-t-he-gr-oje~-amt-
zkal! a.-'ri;'c-~-a ..m.'--'r_'a! understanding-of z'-'-c~ requirements
with the Owner.
Insert D: (See Article 12~
2.2.2 The Architect shall provide a preliminary evaluation
of-'~'~ r~ ........ program, schedule ~'~ construction
requirements, each 4~ re..'%.: -o~ <-he cther, subject -m
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
Documents 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
Specifications setting forth in detail the requirements for the
construction of the Project.
2.4.2 The Architect shall assist the Owner in the
preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract, and the form of
Agreement between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any
adjustments to previous preliminary estimates of Construction
Cost indicated by changes in requirements or general market
AIA DOCUMENT BI41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed phowcopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B141-1987
Page #2
conditions,
2.4.4 The Architect shall assist the Owner in connection
with the Owners responsibility for filing documents required
for the approval of governmental authorities having
jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity
of the Work. On the basis of on-site observations as an
architect, the 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.
(More extensive site representation may be agreed to ax an /Irrational
Service, as described ~n Paragraph 3.2.}
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary
estimate of Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals and assist in awarding
and preparing contracts for construction.
2.6
CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic
Services for the Construction Phase under this Agreement
commences with the award of the Contract for Construction
and terminates at the earlier of the issuance to the Owner of
the final Certificate for Payment or 60 days after the date of
Substantial Completion of the Work.
2.6.6 The Architect shall not have control over or charge
of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since
these are solely the Contractor's responsibility under the
Contract for Construction. The Architect shall not be
responsible for the Contractor's schedules or failure to carry
out the Work in accordance with the Contract Documents.
The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents
or employees, or of any other persons performing portions of
the Work.
2.6.7 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
2.6.2 The Architect shall provide administration of the
Contract for Construction as set forth below and in the edition
of AIA Document A201, General Conditions of the Contract
for Construction, current as of the date of this Agreement,
unless otherwise provided in this Agreement.
Insert F: (See Fxhibit A~
2,6.3 Duties, responsibilities and limitations of authority
of the Architect shall not be restricted, modified or extended
without written agreement of the Owner and Architect with
unreasonably withheld.
Insert G: (See Fxhibit A)
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 Service at the Owner's direction from time to time
during the correction period described in the Contract for
Construction. The Architect shall have authority to act on
behalf of the Owner only to the extent provided in this
Agreement unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the site at intervals
appropriate to the stage of construction or as 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 manner indicating that the Work when completed will be in
accordance with the Contract Documents. However, the
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been
specially authorized, the Owner and Contractor shall
communicate through the Architect. Communications by and
with the Architect's consultants shall be through the
Architect.
2.6.9 Based on the Architect's observations and
evaluations of the Contractor's Applications for Payment, the
Architect shall review and certify the amounts due the
Contractor.
2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the
Contractor's Application for Payment, that the Work has
progressed to the point indicated and that, to the best of the
Architect's knowledge, information and belief, quality of the
Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tesls and
inspections, to minor deviations from the Contract
Documents correctable prior to completion and to specific
qualifications expressed by the Architect. The issuance of a
Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the
AIA DOCUMENT BI41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B141-1987
Page #3
amount certified. However, the issuance of a Certificate for
Payment shall not be a representation that the Architect has
(1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right
to payment or (4) ascertained how or for what purpose the
Contractor has used money previously paid on account of the
Contract Sum.
2.6.11 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable
for implementation 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 Documents, whether or not such
Work is fabricated, installed or completed. However, neither
this authority of the Architect nor a decision made in good
faith either to exercise or not to exercise such authority shall
give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers,
their agents or employees or other persons performing
portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause no delav in the Work or in the
construction of the Owner or of separate contractors, while
allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions
for installation or pertbrmance of equipment or systems
designed by the Contractor. all of which remain the
responsibility of the Contractor to the extent required by the
Contract Documents. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of construction means,
methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
When professional certification of performance
characteristics of materials, systems or equipment is required
by the Contract Documents, the Architect shall be entitled to
rely upon such certification to establish that the materials,
systems or equipment will meet the performance criteria
required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and
Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect
as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's
approval and execution in accordance with the Contract
Documents, and may authorize minor changes in the Work
not involving an adjustment in the Contract Sum or an
extension of the Contract Time which are not inconsistent
with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine
the date or dates of Substantial Completion and the date of
final completion, shall receive and forward to the Owner for
the Owner's review and records written warranties and related
documents required by the Contract Documents and
assembled by the Contractor, and shall issue a final
Certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 ~'~'~ Architoct ~"~" interpret ~-~ ~;~
concerning porfom~ce~ the Owner and ~nwactor under
~ roquirements ~ ~ ~n~act Dommerits ~
req:ezt~ e~ther the Ownzr~ Con~or.- The Architect's
reapShaS ~ such reqxeztz shall ~ ma~e w~th r~nable
prompmosz and within any time limits agrood upon.
Inse~ H: (See ~xhibit A)
2.6.16 lnte~retadons :~d decisions~ th~ Architect
bc consistent with the intern of and r~bly inferable from
the ~n~act Document," and shall bo in writing or in the
M drawings.-~~ s'~c~ inte~retadons ::d
decisions, the Architec~ sh:~] end~vor ~ s:cure
perfo~co~ beth Ow::~ :~d ~nffactor, s~:~] ~ct show
pamality ~ either, ::d sh:]l not ~ ~[:b]e for r:su]t:
ime~rotations or decisions ~ rendered in good faith.
InseA I: (See Fxhibit A)
2.6.17 ~ Ar~ito~'s decisions ~ "
a~sth:d: :ff:,t shal!~~ ~nsistent w?~ th:
expres~d in the Con~a~ Do~ment~.
Inse~ J: (See Fxh~bit A)
2.6.18 The Architect shall ronder wri~en decisions within a
r~nable t!me~ ~;~- di:pute~ ~*~- ma~er:
...... :~ b~Bvo~n .h~ m ........ a ~n~actor re~ating~
~xsmtion or progress oftha Work ~ providsd in ths ~n~act
Domm~nts.
Inse~ K: (See Fxhibit A)
2.6.19 ~- Ar~ito~'s docisions ~ ~]-;~- di:~::::
other maEers, including tho~ in quition be~voon the Owner
~d ~n~actor, ex~pt for tho~ teAting to aesthetic effe~
~ ~ Sub~ragraph ~ ~ ~ -~-" ~ ~
arbi~ation as provided in this Agreement ~d in the ~nm~
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AiA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B 141-1987
Page #4
Document.
Insert L: ¢See Fxhibit A)
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 12,
and they shall be paid for by the Owner as provided in this
Agreement, in addition to the compensation for Basic
Services. The services described under Paragraphs 3.2 and
3.4 shall only be provided if authorized or continned in
writing by the Owner. If services described under Contingent
Additional Services in Paragraph 3.3 are required due to
circumstances beyond the Architect's control, the Architect
shall notify the Owner prior to commencing such services. If
the Owner deems that such services described under
Paragraph 3.3 are not required, the Owner shall give prompt
written notice to the Architect. If the Owner indicates in
writing that all or part of such Contingent Additional Services
are not required, the Architect shall have no obligation to
provide those services.
3.2
PROJECT REPRESENTATION BEYOND
BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect
shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect.
The duties, responsibilities and limitations of authority of
ProJect Representatives shall be as described in the edition of
AiA Document B352 current as of the date of this
Agreement, unless otherwise agreed.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to provide
further protection 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:
previously given by the Owner, including revisions
made necessary by adjustments in the Owners
program or Project 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
failure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size,
quality, complexity, the Owner's schedule, or the method of
bidding or negotiating and contracting for construction,
except for services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other
documentation and supporting data, evaluating Contractor's
proposals, and providing other services in connection with
Change Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
subsequent revisions to Drawings, Specifications and other
documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of
Work damaged by fire or other cause during construction,
and furnishing services required in connection with the
replacement of such Work.
3.3.6 Providing services made necessary, by the default of
the Contractor, by major deti~cts or deficiencies in the Work
of the Contractor, or by failure of performance of either the
Owner or Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive
number of claims submitted by the Contractor or others in
connection with the Work.
3.3.8 Providing
hearing, arbitration
where the Architect
services in connection with a public
proceeding or legal proceeding except
is party thereto.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection with
bidding, negotiation or construction prior to the completion
of the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
.1 inconsistent with approvals or instructions 3.4.1 Providing analyses ~ the Owner's ~ and
AtA DOCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B 141-1987
Page #5
programming the requirements of the Projoc, t.
Insert M: (See Fxhibit B}
3.4.2 Providing financial feasibility or
studies.
other special
3.4.3 Providing planning surveys, site evaluations-or-
comparative smdi~ of prospoctive sites.
Insert N: (See Fxhibit B~
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental
authorities or others having jurisdiction over the Project.
3.4.$ Providing services relative to future facilities,
systems and equipment.
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.
3.4.17 Providing assistance in the utilization of equipment
or systems such as testing, adjusting and balancing,
preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation
during operation.
3.4.18 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 60 days after the date of
Substantial Completion of the Work.
3.4.6 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof
3.4.7 Providing services to verify, the accuracy of
drawings or other information furnished by the Owner.
3.4.19 Providing services of consultants for other than
architectural, structural, mechanical and electrical
engineering portions of the Project provided as a part of Basic
Services.-: and civil and landscape architect services.
3.4.8 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and
coordination of services required in connection with
construction performed and equipment supplied by the
Owner.
3.4.9 Providing services in connection with the work of a
construction manager or separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental
spaces.
3.4.15 Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing
facilities, · except as specifically provided in Exhibit B.
3.4.16 Preparing a set of reproducible record drawings
3.4.20 Providing any other services not otherwise included
in this Agreement or not customarily furnished in accordance
with generally accepted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a program which shall
set forth the Owner's objectives, schedule, constraints and
criteria, including spase requirements and relationSips,
flexibility, expandability, special equipment, systems and site
requirements.
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 evidence that financial arrangements have been made
to fulfill the Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative
authorized to act on the Owner'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 Architect's
services.
4.5 The Owner shall furnish surveys describing physical
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format Bl41-1987
Page #6
characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site.
The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and
adjoining property and structures; adjacent drainage;
rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to
existing buildings, other improvements and trees; and
information concerning available utility services and lines,
both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be
referenced to a project benchmark.
The Owner shall furnish the services of geotechnical
engineers when such services are requested by the Architect.
Such services may include but are not limited to test borings,
test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground corrosion
and resistivity tests, including necessary operations for
anticipating subsoil conditions, with reports and appropriate
professional recommendations.
4.6.1 The Owner shall furnish the services of other
consultants when such services are reasonably required by the
scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical,
chemical. air and water pollution tests, tests for hazardous
materials, and other laborato~ and environmental tests,
inspections and reports required by law or the Contract
Documents.
4.8 The Owner shall furnish all legal, accounting and
insurance counseling services as may be necessary at any
time for the Project, including auditing services the Owner
may require to verify the Contractor's Applications for
Payment or to ascertain how or for what purposes the
Contractor has used the money paid by or on behalf of the
Owner.
4.9 The services, information, surveys and reports
required by Paragraphs 4.5 through 4.8 shall be furnished at
the Owner's expense, and the Architect shall be entitled to
rely upon the accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to
the Architect if the Owner becomes aware of any fault or
defect in the Project or nonconformance with the Contract
Documents.
4.11 The proposed language of certificates or
certifications requested of the Architect or Architect's
consultants shall be submitted to the Architect for review and
approval at least 14 days prior to execution. The Owner shall
not request certifications that would require knowledge or
services beyond the scope of this Agreement.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 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.
5.1.2 The Construction Cost shall include the cost at
current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable
allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be
included for market conditions at the time of bidding and for
changes in the Work during construction.
5.1.3 Construction Cost does not include the
compensation of the Architect and Architect's consultants, the
costs of the land, rights-of-way, financing or other costs
which are the responsibility of the Owner as provided in
Article 4.
5.2
RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a design
professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner
has control over the cost of labor, materials or equipment,
over the Contractor's methods of determining bid prices, or
over competitive bidding, market or negotiating conditions.
Accordingly, the Architect cannot and does not warrant or
represent that bids or negotiated prices will not vary from the
Owner's Project budget or from any estimate of Construction
Cost or evaluation prepared or agreed to by the Architect,
5.2.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the
furnishing, proposal or establishment of a Project budget,
unless such fixed limit has been agreed upon in writing and
signed by the parties hereto. If such a fixed limit has been
established, the Architect shall be permitted to include
contingencies for design, bidding and price escalation, to
determine what materials, equipment, component systems and
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
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Electronic Format B141-1987
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types of construction are to be included in the Contract
Documents, to make reasonable adjustments in the scope of
the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed
limit. Fixed limits, if any, shall be increased in the amount of
an increase in the Contract Sum occurring after execution of
the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not
commenced within 90 days after the Architect submits the
Construction Documents to the Owner, any Project budget or
fixed limit of Construction Cost shall be adjusted to reflect
changes in the general level of prices in the consauction
industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are
sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as
~.,.~) is exceeded by the lowest
provided in Subparagraph -v ~
bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time:
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3: or
common law, statutory and other reserved rights, including
the copyright. The Owner shall be permiRed to retain copies,
including reproducible copies, of the Architect's Drawings,
Specifications and other documents for information and
reference in connection with the Owner's use and occupancy
of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the Owner or others on
other projects, for additions to this Project or for completion
of this Project by others, unless the Architect is adjudged to
be in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Architect.
Submission or distribution of documents to meet
official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
ARTICLE 7
ARBITRATION
7.1 c~;~ '~: ....... ..~ ^"' ........ -m question
5ev.veen the pax/as-to this Agreement ~:!ng cut
re~ating~ t~z Agrooment~ ~rgac~ thereof shall~
m and ~ecided ~ arbi~ation ~ a~rdan~
Cons~ction ~"~ ..... Arbitration ~"~ ~ '"~ American
Arbi~ation Ayeclarion cu~ently~~
mutually agree othenvi~.
.4 cooperate in revising the Project scope and quatity 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 additional charge, shall modify
the Contract Documents as necessa~ to comply with the
fixed limit, if established as 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 limit. The Architect shall be entitled to
compensation in accordance with this Agreement for all
services 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
prepared bv the Architect for this Project are instruments of
the Architect's service for use solely with respect to this
Project and, unless otherwise provided, the Architect shall be
deemed the author of these documents and shall retain all
7.2 Demand for arbitration shall be filed in writing with
t4~ ctker ~a:_/-m t~iz Agreement and with 4t~ American
Arbitration As~ociation.--,~ demand far arbitration she!! ~e
made ~.-~ r~usonable time a~cr the claim, dispute-o~
ether maxer-m qu~stion4qes arizen.-4~mo event she!! 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 quition ~vould be barred by the applicable
statut~ of limitations.
7.3 ~-~ arbitration arising c'.-'t-~f-o~ rs!at!nS-to t~is
Agreement :ha!! include. 4~, consolidation, joinder-o~-m an5'
other manner, an additional person or entity not a party to this
Agreement,-~-e,~m4~ v.,r!xen eznsent containing-a specific
referenc~-m this Agreement zigned4~ the Owner, Architect,
,~,4 ...... ~ ........ or entity sought to be joined. Con~nt
t-o arbitration involving-a-~ additional-p~-so~-o~ entk%' she!!
~ constitute ccnsent<-o arbitration-~f any claim, d!zpute-o~
cther matter in question nct described-m tkc written consent
o~ with-a-p~r-sov}-o~ enti,'3' not na:n. cd-o~ d~a-ibod~-
The foregoing agreement to arbitrate and other agreements to
arbitrate with an additional person or entity duly con~ontod to
~ ~ ~ax!:s 4o this Agreement she!! 4~ specificall),
enforc~able-m accordanc~ 'x'?~ applicable !aw-m any ccux
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
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Electronic Format B141-1987
Page #8
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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 Owner nor Architect shall assign this Agreement
without the written consent of the other.
9.6 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
0.7 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third party against either the Owner or Architect.
expenses incurred by the Architect and Architect's employees
and consultants in the interest of the Project, as identified in
the following Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for
securing approval of authorities having jurisdiction over the
Project.
10.2.1.2 Expense of reproductions, postage and handling
of Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense
of overtme work requiring higher than regular rates.
0.8 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility' for the discovery, presence, handling, removal
or disposal of or exposure of persons to hazardous materials
in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
or other toxic substances.
10.2.1.4 Expense of renderings, models and mock-ups
requested by the Owner.
10.2.1.5 Expense of additional insurance coverage or
limits, including professional liability insurance, requested by
the Owner in excess of that normally carried by the Architect
and Architect's consultants.
9,9 The Architect shall have the right to include
representations of the design of the Project, including
photographs of the exterior and interior, among the
Architect's promotional and professional materials. The
Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has
previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or
proprietau. The owner shall provide professional credit for
the Architect on the construction sign and in the promotional
materials for the Project.
Insert T: 9.10 throuah 9.22 (See Fxhibit A)
10.2.1.6 Exponso of computer aided design and drafting
equipment time when used in connecxion with the Project.
10.3
PAYMENTS ON ACCOUNT OF BASIC
SERVICES
10.3.1 A~ initia! payment-as get fc."tk-m Paragraph 11.14s-
the minimum payment under this Agreoment.
10.3.2 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in proportion
to services performed within each phase of service, on the
basis set forth in Subparagraph 1 1.2.2.
10.1
ARTICLE 10
PAYMENTS TO THE ARCHITECT
DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
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.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to
compensation for Basic and Additional Services and include
10.3.3 If and to the extent that the time initially established
in Subparagraph 11.5.1 of this A~eement is exceeded or
extended through no fault of the Architect, compensation for
any services rendered during the additional period of time
shall be computed in the manner set forth in Subparagraph
I 1.3.2.
10.3.4 When compensation is based on a percentage of
Construction Cost and any portions of the Project are deleted
or otherwise not constructed, compensation for those portions
of the Project shall be payable to the extent services are
performed on those portions, in accordance with the schedule
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
AIA DOCUMENT BI41 - OWNER-ARCHITECT AGREEMENT o FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format B141-1987
Page #10
for such portions of the Project. account of the cost of changes in the Work other than those
for which the Architect has been found to be liable.
10.4
PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made
monthly upon presentation of the Architect's statement of
services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or
other sums withheld from payments to contractors, or on
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses
pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized
representative at mutually convenient times.
Insert U: 10.7 throuoh 10.9 (See Fxhibit A)
ARTICLE 11
BASIS OF COMPENSATION
Th2 Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of Dollars ($ ) shall be made upon execution of this Agreoment and credited to the Owner's
account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article t2 as part of Basic Services,
Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages,
and identify. phases to which particular methods of compensation apply, if necessary.)
For Part 1: Space Needs Assessment and Conceptual Design:
.... For services listed in~C for the r19[ to exceed amount of Fifty Four Thousand Forty_ Fiv~ Dollars_
($54.045.00) based on the hourly rates set forth in Exhibit D.
For Part 2: Basic Services for project(s):
.... The Owner and Architect may negotiate the fee(s) based on the guidelines set forth in Exhibit E.
11.2.2 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: (Insert additional phases as appropriate.)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Total Basic Compensation
percent ( 15 %)
percent ( 20 %)
percent ( 40 %)
percent ( 5 %)
percent ( 20 %)
one hundred percent(100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be
computed as follows:
If authorized in writing by Owner: On basis of hourly rates (Exhibit "D"). unless agreed otherwise.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
legal prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as
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of consultants, compensation shall be computed as follows:
(Insert basis of compensation. including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and cla,~sify
employees. if required Identify specific services to which particular methods of compensation apply, if necessary.)
On basis of hourly rates (Fxhibit "D"). unless agreed otherwise.
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 Services, a
multiple of one and one tenth ( 1.1 ) times the amounts billed to the Architect for such services.
(Identify specific types of consultants in Article I2, if required.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as
Reimbursable Expenses, a multiple of one and one tenth ( 1.1 ) times the expenses incurred by the Architect, the Architect'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 thirty-nine ( 39 ) months of the
date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided
in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable within twenty ( 20 ) days from the date of the Architect's invoice. Amounts unpaid (
) de)': a~er t~e i.".'.'c!c: date z~all 'acer interezt ~-,q~-m~-~,,,~,~ below. or in the absence thereof at the legal rate prevailing from
time to time at the principal place of business of the Architect.
(Insert rate q£ interest agreed upon.)
;Usu,ry laws and requirements under the Federal Truth in Lending Act, similar state and local consutner credit laws and other regulations at the Owner's and
Arch~lecFs principal places of business. the localion of the Project and elsewhere may affect the validity of this provision. 3~oectfic legal advice should be obtained
with respect to deletions or modifications. and also regarding requirements such as written disclosures or waivers.)
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance xvith normal salary review
practicec of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services. identiJ~v, Addiltonal Services included wtthm Basic Compensation and modifications to the paymini and compensation terms
included in this Agreement. j
Architects services tbr Part 1: SPACE NEEDS ASSESSMENT AND CONCEPTUAL DESIGN shall be as described in Exhibit "B".
List of Exhibits
A. Modifications of AIA Document B 141, Owner - Architect Agreement. 1987 Edition.
13 '---Project Approach (Architect's Servicesl for Part 1' SPACE NEEDS ASSESSMENT AND CONCEPTUAl, DESIGN.
C Fee Proposal for Part 1.
_.D Architect's Hourly Rates.
Fee Guidelines for Pan 2.
This Agreement entered into as of the day and year first written above.
OWNER
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
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(Printed name and title)
ARCHITECT
(Printed name and title)
Jori R. Berry
President, BERRY ARCHITECTS, P.C.
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to
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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 Owner's 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:
1-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND BERRY ARCHITECTS
"The Owner shall provide supplementary conditions for AIA Document A201 which shall
include provisions concerning the Architect's authority administer the Contract for
Construction."
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:
2.6.15 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.
2-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND BERRY ARCHITECTS
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.
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
3-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND BERRY ARCHITECTS
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
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. Jon R. (Jack) Berry 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 Owner's 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
4-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND BERRY ARCHITECTS
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
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.
5-EXHIBIT A FOR CONTRACT BETWEEN CITY OF ASHLAND AND BERRY ARCHITECTS
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
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 BERRY 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 Xl, 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
7-EXHIBIT A FOR CONTRACT BETVVEEN CITY OF ASHLAND AND BERRY ARCHITECTS
Exhibit B
Discuss your fiTw~s approach to the specific project for which a proposal is being submitted
Address specifically your leadership and o~anixational appT,oach to program development,
planning, a~rd design and constrttetion processes.
CITY :OF:~32SHLA~ND
SP ACE:~NEEDS. ~SSESSMENT ~AND: CON~EP:TUAL ~DESIGN
Revised: ~I0/29/98
PROJECT APPROACH
The project approach outlined below represents a proven methodology used many times by team
members of BERRY ARCHITECTS, P.C. with successful results. The approach is designed
around "client" involvement. For the City of Ashland Civic Center Project the client would
include the owner and user and staff representing both management and user.
The approach is organized around a series of workshops for client friendly, efficient information
gathering, direction, review, input, and selection of goals and concepts. It should result in a good
understanding of the current and future building needs and building concepts for meeting those
needs.
It is certainly possible to do more, and enhance that understanding; and it is possible to do less,
and still have meaningful results. BERRY ARCHITECTS, P.C. is ready to review and modify
the scope of work if modification is desired.
PHASE 1: SPACE NEEDS ASSESSMENT
Information Gathering
Workshop: City Representatives
Meet with City representatives for discussion of objectives and scope, and procedures for implementing the Project
as a whole. In addition to project organization; discuss background issues, such as City historic relationships,
community perceptions, influences on and uniqueness of the community. Also discuss facility issues such as
existing buildings, sites, images, character and quality, historic status, shared facilities, and concerns, future
programs and concerns.
Workshop (Multiple): Departmental
Meet with key City staff for each major department and groups of smaller, similar departments affected by the
study. Similar discussions as in the Workshop described above, but more specific to department needs.
Issue questionnaires to division and section heads, and other critical positions.
Department:and/or'functions ~to be,included:are:
lVlayor
Counefl~Chamb, ers
Ca3':~-~' "__ ~~r,andAssistam.~Administrator
Adm'~ ~m~ti~ve'~Se .rvices~ublio)~lafions
C ommunityt~D,e~elopment
Planning
BuiIding
Homing
Conservation
Public:Works
Administration
Engineering
Administration
Personnel
Recorder/Treasurer
Finance
Finance and:Utility Services
Risk Management
City Attorney
Municipal Court and Judge
Departments or functions NOT included are:
Public Works
Water
Wastewater
Sn'uctures
Cemetery
Maintenance
Computer SeNices
Electric
Operations
Telecommunications
Fire
Operations
Ambulance .Services
Police
Operations
Communications
Senior Services
Workshop (at option of City):
Meet with interested members of public and City representatives. Explain the overall scope of and process for the
project. Serve as facilitator for open forum to receive public input for the study, and begin consensus building for
the project.
Workshop (Multiple):
Group and individual interviews as required to determine existing or proposed work patterns, desired adjacencies
and needs in the new, remodeled and/or expanded facilities. Use previ0uslyi~:omp!eted~Administrative::Space Study
as :a reference:in!,verif34ng :or determining~needs.
Tour existing facilities, including
City Hall
Civic ~Center?Building
Public Works Department
HillahTemp!e
Page 2
Obtain base information from the City, including site plans, existing building plans, topographic surveys, current
and projected staffing levels, vehicle parking and other information needed concerning the sites, existing building
operations and staffing.
Comment
BERRYARCHITECTS, P.C. recommends an initial "kick-off" meeting (first Workshop) to discuss the project.
In addition to depm'tment heads, we recommend attendance by other City leadership, including elected officials
if possible. Similar meetings for the affected departments is also important for all to gain an overall
understanding of the project.
The Public Meeting should occur after the initial kick off meetings, but before the decision making process has
begun. The information gained)~om these meeting is important. Each community is unique, and has special
needs and aspirations.
o Conference notes' would be approved for all meetings. Alternatives and apparent contradictions or differences
q/'opinton would be highhghted with a request for resolution.
The buildings and sites' tour assists the architects in understanding existing operations as well as the general
condition and suitability of thej(acilities for the intended purpose.
o Note.' Some base information is for the analysis of the existing facilities andpotential new sites. This analysis is
part of Phase 2, which for reasons of scheduling and economy can be started concurrently with Phase 1.
Space Standards
Provide space diagrams of typical areas to assist the City in establishing space standards for various offices, work
station, equipment, and other specific areas.
Comment
o The Space Standards is a necessary element in the equation to determine space needs.
Space Needs Projection
Provide Space Needs charts for current and for a future need (e.g. 20 year), based on current and projected staffing
requirements and space standards. The translation of staffing to space needs will be accomplished by allocating
appropriate space for each work area, necessary equipment, amenities, circulation and other considerations for
buildings and site. Site considerations include parking, service yards, required setbacks, and landscaping.
Comment
o This information is, of course, critical to the project. Not only does it directly affect construction costs, it
impacts efficiency and the time the facility will be functional for its intended use.
Adjaceney Diagrams
Provide "bubble" diagrams to illustrate needed horizontal adjacency, circulation, security, and efficient work
requirements. Diagram or Chart preferred vertical adjacencies. These diagrams will be used to help determine
building proportions, floor arrangements, and circulation patterns.
Page 3
Comment
o The adjacencies are an important predesign study. They help the designer and user understand how the facility
should be planned
o The diagrams are used to help determine buildingproportions, floor arrangements, and circulation patterns.
Draft Presentation
This concludes Phase 1. The resulting Meeting Notes, Space Standards, Space Projections, and Adjacency Diagrams
will be presented in draft form.
Workshops (Multiple):
Meet with key City representatives for presentation of draft of Phase 1.
City review and approval before completion of Phase 2.
Comment
o During the course of the study to this point, drafts of the various elements described above will have been
presented for review. This is the first time all would be presented as a coordinated and cohesive document.
PHASE 2: SITE AND BUILDING ANALYSIS
Existing Building Assessments
Study of existing conditions, renovation needs and remodeling possibilities of existing buildings.
Buildings:to'be:analyzed include:
City Hall
Civic Center Building
Hillah Temple
Inventory City spaces available.
Comment
This element of the study is important to determine the adequacy and suitability of the existing buildings for
renovation and possible expansion to meet the future needs, and to include for cost estimating purposes if
existing building are to be considered
o The study would include brief reports from structural, mechanical, and electrical engineers as well as the
architect, based on site visits by the consultants and review of any available existing drawings.
Review each building for comparison and possible required compliance with the current Oregon State Building
Code in terms of construction type, mechanical and electrical systems, and current and proposed occupancy
US es.
Page 4
Site Assessments
· Analysis of the existing and new sites for adequacy and suitability for location or expansion of building, parking
and other needs for the intended uses, as well as suitability to any community plans.
· Consider future expansion, staff and visitor vehicle access, traffic circulation, and visual amenities.
· Also consider availability of utilities, soil conditions (if reports available for sites, or adjacent sites), impact of
facility on neighborhood; and of neighborhood on facility.
· SitesCo be analyzed:include:
City Hall
Civic Center Building
Hillah Temple
Comment
Some sites might be eliminated from further study if inadequate in size. configuration, or otherwise seriously
fail the requirements established in the Needs Assessment.
Alternative Planning Scenarios
· Based on Meeting Notes, Space Needs, Adjacency Diagrams, and Site and Building Assessments, develop
Alternative Planning Scenarios.
· Provide up to.4 :scenarios.
· Diagrams show locations of departments or subdepartments at various sties under consideration.
· Workshop: City Representatives
Present Planning Scenarios for review and discussion. City select one Scenario for development.
Comment
This element studies combinations of activities at the existing City sites andpossible alternative sites.
The purpose is to find the best '~it" of available space, while considering needed adjacencies, fitnctionality,
public perception and access, and long term goals of the City.
o d public workshop can precede final selection of a Planning Scenario if desired by the City.
Site Plan Diagrams
· Based on the selected Planning Scenario and Space Needs Assessment, develop conceptual alternative site plans.
· lnclude::upto:2alteraate~schemes:forre~iew~and~selection~ft scheme.
· Show potential or required site expansion.
Page 5
Plans to indicate approximate locations of buildings, parking and other significant features. Drawings and text shall
indicate possible phasing of development for future need, and number of floor levels, public and official access to
respective parking and building entrances. Include alternative study schemes for each site for initial review by the
City. Revise as required.
Comment
This element is important, especially where existing buildings are to be used.
Though the study may not be the final site plan, it will clearly demonstrate site adequac3~-or inadequacy for its
intended use and suitability m the communi~ plan.
Existing Buildings Renovation/Expansion Diagrams
Based on the selected Planning Scenario and Space needs Assessment, provide plan diagrams of existing buildings
showing the scope of suggested renovation and expansion. Include up to 2 alternate study schemes for each building
for review and selection of 1 scheme. Rcvisc as requircd.
Comment
o This element is important. especially where existing buildings are to be used.
New Building Conceptual Diagrams
Based on the selected Planning Scenario, Space needs Assessment, and Site Assessments, provide upto2 alternative
conceptual plan diagrams of proposed new building(s). Includc altcrnativc study achcmcs for cach building for
rcvicw. Rcvisc as r~quired.
Comment
These diagrams, or conceptual plans, for new building(s) show locations of general departmental areas.
Coordinate with Conceptual Site Plans and Existing Buildings Renovation/Expansion Diagrams.
Statement of Probable Project Cost
For Site and Building Diagrams selected by the City, provide a Statement of Probable Project Cost for the projected
needs. Up,to4 sites and buildings; 1 scheme,eaeh.
Estimate shall be based on current area, volume, or other unit costs, and shall include such items as:
-Demolition and Clearing
-Parking
-Service Yard
-Landscape
-New Building Construction
-Renovation of Existing Buildings
-Furnishings Allowance
-Allowances for Architect/Engineers Fees, Surveys, Soil Beatings
-Full Time Project Representative
-Construction Testing
-Moving Costs
Page 6
-Contingencies
-Other estimated project cost information as provided by the City (e.g. real estate costs)
Comment
o While these estimates are not based on actual construction documents, the level of information is adequate to
budget for the project.
o Not,: A~ inithal St~temo~t ofP~obable P~'oject Cost c'm~ be p~pared at the completion of Phase ] ifpt~fet~sd
by thc City.
Presentation
· Workshops (Multiple)
Meet with key City representatives for presentation and discussion of preliminary Conceptual Site Plans, Existing
Building Renovation/Expansion Diagrams. and New Building Conceptual Diagrams.
Comment
o Workshops could include departmental reviews, then overall reviews.
o After review, revise as requiredprior to Public Workshop.
· Workshop: Public
Meet with interested members of public and City representatives. Present study findings, including
-Current and Projected Space Needs
-Interdepartmental Adjacencies
-Existing Building Assessments
-Site Assessments
-Building Needs
Present Alternative Planning Scenarios and Concepts for
-Sites
-Existing Buildings Renovation/Expansion
-New Buildings
Present.conceptual plans for selected scenario~'.and selected:schemes.
· Respond to questions and serve as facilitator for open forum to receive public input regarding the study findings and
alternative concepts. Seek out consensus.
Comment
o This isfinalpublic input before completion of the study.
· Workshop
Meet with key City representatives to review public input and discuss final direction of project.
Page 7
Comment
o The City may select the Conceptual Site Plans, Existing Buildings Renovation/Expansion Diagrams, and New
Building Conceptual Plans as the "Concept Master Plan," which wouM be foundational to the actual design
and construction of facilities.
Final Draft and Presentation
Phase 1 and 2 final draft and presented to the Staff and City Council.
This completes the:: study.
A color rendering of the approved Conceptual Design may be provided at additional cost.
Page 8
Exhibit C
CITY OF ASHLAND
SPACE NEEDS ASSESSMENT AND CONCEPTUAL DESIGN
FEEPROPOSAL
BERRY ARCHITECTS, P.C. proposes to provide the services outlined in the Project Approach,
revised 10/29/98, on an hourly rate basis for the following, not to exceed amounts.
PHASE 1: SPACE NEEDS ASSESSMENT
· Information Gathering
· Space Standards
· Space Needs Projections
· Adjacency Diagrams
· Draft Presentations
Total Phase 1
$8,475.00
645.00
9,350.00
2,225.00
850.00
$21,545.00
PHASE 2: SITE AND BUILDING ANALYSIS
· Existing Building Assessments
· Site Assessments
· Alternate Planning Scenarios
· Site Plan Diagrams
· Existing Buildings Renovation/Expansion Diagrams
· New Building Conceptual Diagram
· Statement of Probable Project Cost
· Presentation
· Final Draft and Presentation
Total Phase 2
$7,925.00
2,425.00
2,950.00
3,450.00
4,575.00
2,900.00
3,750.00
2,075.00
2,450.00
$32,500.00
Total Phases 1 & 2
Not to exceed amount
$54,045.00
Reimbursable expenses are in addition to these amounts.
A copy of our current bulling rates follows.
B E R R Y A R C H I T E C T S
460 EAST SECOND AVENUE EUGENE, OREGON 97401 TELEPHONE (541) 485-3970 FAX (541) 485-3402
Exhibit D
Project Hourly Billing Rates
For Professional Services
(Adjusted annually in January )
1998
CATEGORY
Principal
Project Manager/Architect
Interior Designer
Staff Architect
Senior Designer/Drafter
Design/Drafter
Clerical
HOURLY RATE
$72.00
$72.00
$67.00
$63.00
$50.00
$42.00
$34.00
Consultants
Project consultants at cost plus 10% Administration
Reimbursable Expenses
Reimbursables at cost plus 10%
Transportation
Long distance communications
Fees paid to authorities having jurisdiction over project
Reproductions
Postage and handling
Data processing and photographic techniques
Requested renderings and models
Rental or purchase of special equipment or materials
A PROEES$1ONAI.
CORPORATION
ARCHITECTURE
rates'98 P L A N N I N G
INTERIORS
Exhibit E
Fee Guidelines for Part 2
(From BERRY ARCHITECTS, P.C. proposal of 9/14/98)
A fee "range" for each completed project would depend on the project size and complexity. As a
general guide, we suggest the following for most civic facilities (from Phase 3, Schematic
Design, through Phase 7, Construction).
Cost of New Construction Approx. Fee %
$100,000 11%
$500.000 10%
$1,000,000 9%
$2,000,000 8.5%
$3,000.000 8%
The fee would need to be increased for additions and renovations.
Reimbursable expenses are outlined in our Standard Hourly Billing Rates.