HomeMy WebLinkAbout2000-037 Agrmt - Camron McCarthy Gilbert - Calle RestorationASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET
ASHLAND, OREGON 97520
COMMISSIONERS:
Teri Coppedge
JoAnne Eggers
Sally D. Jones
Rick Landt
Laurie MacGraw
Kenneth J. Mickelsen
Director
TEL.: (541) 488-5340
FAX: (541) 488-5314
e-mall: ashparks@wave.net
November 30, 1999
Brian McCarthy
Cameron, McCarthy and Gilbert
160 E. Broadway
Eugene, Oregon 97401
Dear Brian:
This letter will serve as an amendment to AIA Document B141 Standard Form of
Agreement Between Owner and Architect dated June 2, 1999.
Article 11.3.2 is amended to include the following:
Architectural services for the project are based upon and shall be performed as outlined
in the proposal dated November 11, 1999 from Cameron, McCarthy and Gilbert for the
Calle Guanajuato Restoration Project - Phase One Fee Supplement Request for a not-
to-exceed amount of $215,000. The proposal includes all travel expenses for the
consulting team.
OWNER -
~ignature
Name and Title
Date
ARCHITECT
Name and Title
Date
AB; Calle Project \ Consulting
Home of Famous LIthla Park
ASHLAND PARKS AND RECREATION OCtMISSION
340 SO. PIONEER STREET ASHLAND, OREGON 97520
COMMISSIONE~RS:
Teri Coppedge
JoAnne Eggers
Sally D. Jones
Rick Landt
Laude MacGraw
Kenneth J. Mickelsen
Director
TEL: (54t) 488-5340
FAX: (541) 488-5314
e-mall: ashparksOwave,net
November 30, 1999
Brian McCarthy
Cameron, McCarthy and Gilbert
160 E. Broadway
Eugene, Oregon 97401
Dear Brian:
This letter will serve as an amendment to AIA Document B141 Standard Form of
Agreement Between Owner and Architect dated June 2, 1999.
Article 11.3.2 is amended to include the following:
Architectural services for the project are based upon and shall be performed as outlined
in the proposal dated November 11, 1999 from Cameron, McCarthy and Gilbert for the
Calle Guanajuato Restoration Project - Phase One Fee Supplement Request for a not-
to-exceed amount of $215,000. The proposal includes all travel expenses forthe
consulting team.
OWNER - ---
S~ignature ~
Name and Title
Date
ARCHITECT
Name and Title
Date ·
AB: Calle Project \ Consulting
Home of Famous Lithla Park
November 11, 1999
Ken Mickelaen, Director
Ashland Park~ & R~:~tion
340 S Pion~r St
Ashland OR 97520
RE: C~ LI ,~ GUANAJUATO RESTORATION PROJECT- PHASE ONE
FEE SUPPLEMENT REQUE.gT
Dear
Enclosed is a Statement of Work (Attachment 1) sad a sed~s of Individual proposals by members of our
design team for design, permitting, and construction services. Thes~ items provide a summary of the
requmed services we propose to furnish, Also incorporated in this supplement request are the
ass~:isted with the mpogruphlo survey, previously authorized~ and ge.o-t~cknical investigations
(prcconstruction testing),
ADDITIONAL SERVICES SUMMARY
PROJECT MANAOEMENT & LANDSCAPE ARCHITECTURE
Cameron McCarthy Gilbert, Eugene, Oregon (Attachment 2) $ 28,080.00
DBSION BNGINF_~RING, SURVEYINO, & PltP, Mrri1NO
OBEC Con.suiting Enginean, Eugene & Mealford, Olegon (Attaohment 3) $ 98,217.00
C'ONSTRUCI'ION INSPECTION
OBEC Consulting Engineers, Eugene & MedforcL Oregon (Attaclmaent 3) . $ 48,892.00
BNVIRONIvlENTAL CONSULTATION &
Fishman Environmental Services, Pol~land, Oregon, (Attachment 4) $ 16,300.00
DF, SIGN CONSULTATION a LANDSCAPE ARCI-II'I."~CTURE
Wenk kssociates, Inc,, Denver Colorado, (Estimated Allowance) $
OEO-T~CHNICAL I]',IVEST1GATIONS Cureconstruction
Galli 0rout. Medfon~. OregOn,/Attachment 5) $ 8.040.00
TOTAUESTIMATED CHARGES ~ $ 204,029.00
CONTINOENCY('~+/- 5% $ I0,971.00
TOTAL FEE SUPPLBMENT $ 215,000.00
The dlfferen, ce,s in these figures compared to carrier estimates are the incorporation of additional me,~tings in
Ashland, more fe~s for permitting and construction insp~tion, and the inclusion of the topognphic
surveying and geo-t~chnical investigation (,preconsmlction testing) costs. If this proposal' meets with your
approval, please have a not to exceed for time and materials supplement in the amount of $ 21S,000.00
ptepa. zcd for our signatures. otherwise, we wou/d be happy to consider another appwach. We are prepared to
begin work Immediately.
Again, we look forward to working with the Commission and you on th~ next sequence of this projut.
Sincerely
Brian D.
attachments:
H E
A M h R i L A it
~ I t I U T E U ~ A R ~ H [ T E C T S
AIA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 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 second
Nineteen Hundred and
Ninety-nine
day of June In the year of
BETWEENthe Owner:
(Name a~l addre~
Ashlan~ Parks &:Recreation D0partment
340 S Pioneer St
Ashland OR 97520
and theArchitect:
(Name and
Cameron McCarthy Gilbert, Landscape Architects LLP
160 E Broadway'
Eugene OR 97401
For the followSfig Project:
Ondude ~MII~ descript~n q ProJan, location, address and
Calle Guanajuato Restoration Project, Ashland, Oregon, see
Request for Proposals, dated March 1999.
The Owner md Architect agree as set forth below,.
Copyright 191'7, 1926, 1948, ;19~1, i953,1958, 1961 1963 1966, 1967 t970, 1974, 1977, ~1987 brThe Amedcan Institute
' of ArchitectS, 1735 l~ew York Avenue N.W. Washington, D.C. 2(~. Reproduct on of the matetlal betels or substantial
quotation of its ptovis on$ without wthten permission of the AIA vlolat~ the copydSht laws of the United States md will be
subject to legal ptosec-dtl?n. .
AIA DOCUMENT 8141 · O~/HER-ARCHITRCT AGREEMENT, FOURTI$ EDITION · AIAe · ~}1987 B141-1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006
WARNING: Unllcent~l photocopying violates O.S. copyright Im, m and 10 gubJect to legal prosecution.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1,1 ARCHITECT'S SERVICES
1.1.1 The A~cbJtect's serviceS consist of those serviceS per-
formed by the Architect, Archirect's employees and Archltect's
consulrants as enumerated in ArticleS 2 and 3 of this Agreement
and any other services included in/raids 12.
1.1.2 The Axchitect's services shall be performed as expedl-
liously as Is consIstent with professional skill and c~tre 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 Archltect'S Services which may be
adJnsted as the Project proceeds, and shall include ~l~owances
for pedods of time teqdired for the Owners review and for
approval of submissions by authorities having jurisdiction over
the Project, Time firnits established by this W3nedule approved
by the Owner shall not, except for teasomb[e cause, be exceeded
by the Architect or Owner.
1.1 ._'1 The services covered by this Agreement are subject to
the time Ilmitarlons conttdned In Subparagraph 11.5. I.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DERNITION
2.1,1 TheArchircct'sBaslcServlcesconsistofthosedescrlt;ed
in Paragraphs 2.2 through 2.6 and my other services Identified
in Article 12 as part of Basic Services, and Include normal struc-
tural, mechanical and electrical engineering serviceS.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shaft review ~e program furnished by the
Owner to ascertain the requirements of the Project and shall
ardve at a mutual u;~dexsranding of such ¢equfrcments with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, schedule and constraction budget
requirements, each in terms of the other, subject to the linllta-
lions set forth in Subparagraph 5.2.1.
2.2.3 The Axchitect shall review with the Owner :alternative
approaches to design and consu'uct~on of the Project.
2.2,4 Based on the muttrally agreed-upon program, schedule
and comltroctlon budget requirementS, the Architect shall
prepare, for approval by the Owner, Schematic Design l::k>:u-
merits consitting of drawings and other documents Ulustrating
the scale and relationship of Project components.
2.2,5 The Architect shall submit to the Owner a preliminaz3r
estimate of Construction Cost based on current area, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on thc appruvcd Schematic Design Documents
and any adjustments authorized by the Owner in t~e program,
schedule or constraction budget, the Architect shall prepare,
for approval by the Owner, Deilgn Development Documents
consisting of drawings and other documents to rtx and describe
the size and character of the Proleer as to architectural. struc-
ture, mechanical and electrical systems. materials and such
other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of:my adjustments
to the prcUnlinm-'/estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.'1 Based on the approvcd Design Development Docu-
ments and any further adlustments in the scope or quajlty of
the Project o¢ In the constroctlon budget authorized by the
Owner, the Architect shall prepare, for approval br the Owner,
Constrocdon Documents co~Isling of Drawings and Speclilca-
lions Setting forth In detail the requirements for the construc-
tion of the Project.
:L4.2 The Archirect shall assist the Owner in the preparation of
the necessary bidding information, bidding torms, the Condi-
tions of the Contact, and the form of Agreement between the
Owner and Contractor.
2.4.9 TheArchltectshaliadvlsetheOwnerofanyadjustments
to previous preUminaty eStimates of Construction Cost indi-
cated by changes in requirements or general market conditions.
2.4.4 The Architect sh,~ assist the Owner in connection with
the Owner'S re~ponslblll~ for filing documents reqttlred for
the approval of governinertial authorities having Jurisdiction
over the Proleer.
2,S BIDDING OR NEGOTIATION PHASE
2.6.t The Archircct, following the Owner's approval of the
Comtnscdon Documents and of the latest preliminary estimate
of Constroctinn Cost, shall assist the Owner in obtaining bids
or neRodared proposals and assist in awarding and preparing
contracts for construction. ~
2.6 CONSTRUCTION PHASE--ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.t 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 termi-
nates at the earlier or' the issuance to the Owner o[ tile
Certificate for Payment or (50 days after the date of Substan-
tial Completion of the Work.
2.6.2 The Architect Shaft provide administ~arion of the Con-
tract for Coustroctlon as Set forth below and in the edition of
AIA Document A201, General Condidorts of the Contract for
Constroctlon, current as of the date of this Agreement, unless
OtherwIse provided in this Agreement.
2.6.3 DulieS, responslbllllies and limltatlons ofauthodty ofthe
Architect shall not be restdried, thodified or extended without
written agreement of the Owner and Architect with consent of
the Contractor; which '<~bnsent shall not be unre'Jsonably
withheld.
AIA OOCUMENT'Bt41 * OWHER-ARCHITECT AGREEMENT * FOURTEENTH EDITION * AM,0 · {11987
THE AMERICAH INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006
WARNING: Unllce¢lsed photocopying violates U.S. Copyright imv,,, and Is sublect to legal prosecution,
B141-1987 2
2.G.4 The Krchitect shall be a ~epresentatlve of and shall advise
and consult with the Owner (I) during construction untU final
payment to the Contractor is due. ~nd (2) ~ ~rl AdditIonal Ser-
vice at the Owner's direction from time to time during the cor-
rection pedod described In the Contract for Constnlctlon. 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 0f construction or as Otherwise agreed by the
Owner and Architect In wdting to become generally familiar
with the progres,s and quality of the Work completed and to
determIne In general If the Work is beIng performed In :1 man-
ner IndicatIng that the Work when completed will be in accor-
dance with the Contract Documents. However, the Architect
shall not be required tO make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. 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 extensiue site
representation may be agreed to as an Additional Service, as
described in Paragraph 3.2.)
~'.8:.6 The Archite~c shall not have control over or charge of
and shall'not be respotiMble for constructinn me'ms, methods,
techniqueS, :sequences or procedures, or for safety precautions
and programs in connecUon with the Work, since these are
solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the
Com~ctor's 'schedule~ Or failure to carry out the Work In iceor-
dance with the Contract Documents. The Architect shall not
have control over or charge of acts or omissions of the Contrac-
tor, Subcontractors, or their agents or employees, or of a-ay
other persons performIng portions 0f the Work.
9.8.7 The Architect shall at all times have access to the Work
wherever it is In preparation or progress.
a.B.g Except as may otherwise be provided In the .Contract
Documents or when direct communications have been spe-
cialty authorized, the Owner and Contractor shall communicate
through the Architect. CommunicatiOns by and with the Al'chl-
tect's consu[tants shaft be through the Architect.
9.6.g Based on the Archfiect's obset4atlons and evaluations of
the Contractor's Applications for Payment, the Architect shall
review and certify the amounts due the Contractor.
2.fi.10 The Architect's certification for payment shall ~onstl-
lute a represent~atinn to the Owner, based on the Archltect's
Observations at the site as provided In Subparagraph 2.6.5 and
on the data comprising the Contraeror'$ Application for Pay-
ment, that, to the best of the Architect's knowledge, informa-
tion and belief, the Xlr, bfk has progressed to the point indicated
and the quality of ~r~brk is In accordance with the Coreract
Documents. The fore~golng representations are subject to an
evaluation of the Work for cenformance with the Contract
Documents upon Substantial Completion, to results of subse-
quent tests and InspectionS, to minor deviations from the Con.
tract Documents correctable prior to completion and to spe-
cific qualifications expressed by the Architect. The issuance
Certificate for Payment shall further constitute a represent.3tion
that the Contractor B entitled to payment In the amount certi-
fied. However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has (1) made exhaus-
tive or contInuous on-Mte inspections to check the quality or
3 B141-1987
quantity of the work, (2) reviewed consm~ctinn means. meth-
ods, technlq~.les. sequences or procedures, (3) reviewed copies
of requisitions received from Subcontractors and material sup-
pliers and other data requested by the Owner to substantiate
the Contractor's dght to payment or (4) ascertained how dr for
what purpose the Contractor has used money previously paid
on account of the Co6trac{ Sum.
2.6.1~ The:tt, rchhect shall have authodty to reJect Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have anthodty to require additional inspection or testing of the
Work In accordance with the provisions of the Contract Docu-
ments, whether 6t not such WOrk is fabricated, Iratailed or
completed. However, neither this authodtyOfthe Architect nor
:1 decision made In good faith either to exerc[se or not to exer-
cise such anthodty shall give rise to a duty or responsibility of
the ),rchltect to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other per-
sons performIng portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate actton upon Contractor's submittals such as Shop
Drawings, Ppoduct Dat~ and Samples, but only for the limited
purpose of checking for conformsace with Information given
and the design concept expressed in the Contract Documents.
The Archirect'S action shall be taken with such reasonable
promptness as to cause no delay In the Work or in the con~
stnlctlon of the Owner or of separate contractors, wMle allow-
Ing sufficient time in the Archltect's professional Judgment to
permit adequate revieW. Review of such submittals is not con-
dueted for the puq:~ose. of determinIng the accuracy and com-
pleteness of other details such as dimensions and quantities or
for substantiatIng instructions for installation or performance of
equipment or systems designed by the Contractor, all of which
remain the res[',onslblllty of the Contractor to the extent
requked by the Contr:lct Documents. The Archlteet's review
shall not constitute approval of safety precautions or, unless
otherwise spectllcally stated by the Architect, of construction
means, methods, techniques, sequences or procedures. The
Archltect's approval of a specific item shall not Indicate
approval of an assembly of which the item Is a conlponent.
When professional ~:ertillcation or performance ¢hanctedstlcs
of MaterialS, systems or cqnipment is required by the Contract
Documents, the Architect shall be entitled to rely upon such
certification to establish that the matedais, systems or equip-
meat wlil meet the performance edtcria required by the Con-
tract Documents.
2.6.13 The Architect shall prepare Change Orders end Con-
stroctlon Change D[rectlves, with supporting documentation
arid data ff deemed necessary by the Architect as provided In
Subparagraphs 3.1.1 and 3.3.3, for the Owner'$ approval and
execuUon In accorchnce with the Contract Documents, and
may authorize mInor changes In the Work not InvolvIng an
adjustment Ln the Contract Sum or an extension of the Contract
Time which are not Inconsistent witit the intent of the Contract
2.8.'[4 The Architect shall conduct inspections to determIne
the date or dates of Stlbstantial Completion and the date of final
completion, shall receive and forward to the Owner for the
Owners review and records written warranties and related
documents required by the Contract Documents and assem-
b[ed by the Contractor, and shall Issue a final Certificate for Pay-
meat upon compliance with the requirements,Of the Contract
Documents, ·"
AIA DOCUMENT 8t41 · OWHER-ARCHITECT AGR,~.~tr~IT, FOUR'IT.F. Nlll EDITION, A]A* * 01987
TIlE AMERICAH IHS'rlTUI~ OF ARCHITRCTS, 1755 NEW YORK AVEI~ N.W., WA.SH[NQTOH, D.C. 2000(,
2.6.15 Tl~e A~'chitect shall interpret and decide matters con-
cernLqg perfunnance of the Owner and Contractor under the
requiremeaLs of the Contract Documents on wdtten request of
either the Owner or Cormactor. The Architect's reapurge to
such requests shall be made with reasonable promptness and
within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpreration~ and Mltial deci-
sions, the Architect shall endeavor to secure falthfxd parlor-
mace by both Owner and Contractor, shall not show partiality
to either, and shall not be Uable for results of interprcradons or
decisions so rendered in good faith.
2.6.17 The ArchRect's decisions on matters re[iting to aesthe-
tic effect shall be final If Consistent with the intent expressed in
the Contract Documents.
2.6.18 The Architect shall render written decisions within 2
reasonable time on all claims, disputes or other matters in ques-
tion between the Owner and Contractor rehting to the execu-
tion or prOgress of the Work as provided in the Cont/aet
Documents.
2.6.1g The Architect'$ decisions on claims, disputes or other
m:nters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6.17, shall be subject to arbitration as
p~ovided in this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not Included
in Basic Services Unless so Identified In Article 12, and the'/shall
be paid for by the Owne~ as provided in this Agreement, in
addition to the compensation for Basic Services. The RawIces
described under Paragraphs 3.2 and 3.4 shall only be provided
If authorized or confirmed in wdting by the Owner. If services
described under Contingent Addlrional Services in Paragraph
3.3 arc requkcd dtl~.t~ circumstances beyond the Archltect'S
control, the Arc. fikeet shall norif,/the Owner pdor to. com-
mencing such services. If the Owner deems that such ,services
described under Paragraph 3.3 are not reqnlred, the Owner
shall give prompt wdtten notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Addi-
tional Services arc not rcquked, the Architect shall have no obll-
patton to provide those Rawices.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2,1 If more extensive representation at the site than is
dcsoibcd In Subparagraph 2.6.5 b required. the Architect ~hall
provide One or more Project Representatives to assist In earty-
ing out such additional on-site ~esponsiblljties.
3.2.2 Project Representatives shall be selected, emp[oyed and
directed by the Architect, and the Architect sitall be compen-
sated therefor as agreed by the Owner and Architect. The
duties, responslbithles and limitations of authority of Project
Represenradves shall be as described In the edition of AJA
Document B352 cutTent as of tile date of this Agreement, unless
otherwise agreed.
3.2.3 Through the observations by such Project Represen-
tatives, the Architect shall endeavor to proy[de further protec-
Uon 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 AODITIOHAL SERVICES
. 3.3.t M~dng revisions in Drawings, Specifications or od~cr
documents when such revisions are:
.1 inconsistemwlthappruvalsorinttrucdonsprevinttsly
given by the Owner, IncludIng revisions made neces-
sary by adjustments In the Owner'S program or Proj-
ect budget;
.2 requhrcd by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.3 ductochangesrequiredasaresultoftheOwner'sfall-
ure to render decisinns In a timely manner.
3~3.2 ProvidIng Services required because of 'signlllcant
changes in the Project including, but not llmlred m, size, qual-
Ity, complexity, the Owners schedule, or the method of bid-
dang or negotiating and contracting for construction, except for
seawires required under Subparagraph 5.2.5.
:3.3.3 Preparing Drawings, Specifications and other documen-
tation and supporting data, evaluatIng Contractor's proposals,
and providing other services In connecrion with Change
Orders and Construction Change Directires.
3.3.4 Providing services In connection with evaluating substi-
tutions proposed. by the Contractor and maidrig subsequent
revisions to Drawings, Specifications and other docuraentation
resulting therefrom.
g.3.5~ Providing ~ousultation concernIng replacement or Work
damaged by ftre or other cause during consmlction, and fur-
hashing services required in connection with the replacement
of Such Work.
$.3.6 Providing services made necessary by the default of the
Contractor, by major defects or deficiencies In the Work of the
Contractor, or by failure of performance of either the Owner or
Coreractor under the Contract for Cortstrucrion.
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 ,services In connection with a public hearing.
arb[trarion proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Prepadng documents for:altemate, separate orsequential
bids or providing services in connection with biddIng, negotia-
tion or construction pdor to the completion of the Construc-
tion Documents PhaSe.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owncr's needs and program-
ruIng the requirements or the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing p[armlng surveys, site evaluations or com-
parative studies of prospective sites.
WARRING: Unllci~tsed photOcoFylng viOletis U.S. CoWright lev,~ and is euble;t to legal prosecution.
B141-1987 4
3.,~.4 providing specl21 surveys, environmental studies .and
submissions required for approv:ds orgovernmental authorities
or other~ having Jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems
~u'td equipment.
3.4;6 providing servtces to Investigate e."ds~n8 conditions Or
fadtitles or to make measured drawIngs thereof.
3.4.7 ProVIdIng services to verity the accuracy' of drawIngs or
other Information furnished by the Owner.
3.4.8 ProvidIng coordInadon of construction perfurmcd by
scF. uare contractors or by the Owner'S own forces and coordi-
nation of services required In connection with Construction
performed and equipment supplied by the Owner.
3.4.9 Providing services In connection with the work of a con-
stmcdon m~m~ger or separate consultants rc~dned by the
Owner.
3,4,10 Providing dctaJJed estimates of Construction Cost.
3.4,11 ProvidIng detailed qugntlty surveys or Inventod~ of
material, equipment ~4~d labor.
3.4.12 ProvidIng analyses of owning ~nd operating costs.
3,4.13 Providir~8 Interior design' and other shniLlr services
required for or In connection with the selection, procumment
or installation of fumJture, furnishIngs and .related equipment.
3,4,14 ProvidIng services for planning tenant or rental spaces.
3.4.15 Making Invesdg~dom, Inventories of mat~jaJs or equip-
mcnt, or valmdons and detailed apptaisals of e~dsting fadlities.
3.4,16 pz.~pzring a set of reproducible record drawIngs show-
ing slgnffic~qt ch,'mges In the Work made during construction
based on marked-up prints, drawIngs and other da~ fijmished
by the Contractor to the ArchReel.
3,4.17 ProvidIng assistance In the ut~lzatlon of equipment or
systems such ~s testing, adjustIng and balancIng, p~tion of
operation and malntcnm~cc manuals, training personnel for
operation and malntcnmce, and consult,ition during operation.
3,4.18 Providing services ~tcr issuance to the Owner of the
final Ccrtfficate for Paymcot, or In the absence of a Ilnal C, cr-
tLfic~te for Payment, mofe th~n 60 days alter the date of Sub-
slantIll Completion of the Work.
3.4,19 Providing services of consulunts for other than archi-
tcGund, stroctur~, mcchank",d and c|ectdcal engineering po~'o
tions of the Project provided as a Fart of Basic Services.
3.4.20 Providing any other services not otherwLse Included In
this Agree*merit or not customdally furoishcd hT accordance
with gcnendJy scccpted architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide fuU Information rclprding
requirements rot the Project, Including a program which sh~
set fo~h the Owner's objectives, schedule, constraints znd cd-
terL~, Including space requirements and relationships, Uexb
blllty, expandabtllt'/, spatial equipment, systems and site
requirements.
4.2 The Owner sh~11 establish and update aft over'ag budget for
the Project, .IncludIng the Construction Cost, the Owner's other
costs and reasonable contingencies related to ~fi of these costs.
4.3 If requested by the Architect, the Owner shall furnish evi-
dence that financial arrangements have been made to fulfi~ the
Owner's obUgatlons 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 unre~tsonable delay In the orderly
and sequcntL~l progress of the Archltect's services.
4.6 The Owner shall furnish surveys dcscdbin~ 'physical
characteristics, lelpl limitations and utility locations for the site
of the ProJed~ and R written lelpl descdption of the ske~ The
surveys and legal Information sh;dl Include, as applicable,
gxldes and lines ot Ettcets, ~Ueys, pavements and adJoLr'jng
property and structures; adjacent drainage; rights-of-way,
restrictions, e~Scments, encroachmania, zoning, deed ~.estric-
tions, bound~es and contours of the site; Iocatinns,
sion:s and nccessa~ data perishing to exLstlng buildIngs, odtcr
improvements and trees; and Informat[on concernIng avaLlable
Utility services :rod lines, both pubfie and private, above and
below grade, Including Inverts and depths. AJJ the Ird'ormation
on the survey sh~] be referenced to a ProJect Iznchmark.
4.6 The Owner sh~11 ~utnJsh the services of geotcchnlcJl engi-
neers when such services are requested by the Architect. Such
Services may Include but are not limited to test borings, test
pits, determinations of soil ber~Ing values, perco[2tion tes~,
evalUations ofhaz~do~s matecl~s, ground corrosion and resls-
tlvity tests, IncltidIng nccessar'/operations for anticipatIng sub-
SoU conditions, With reports and appropriate professional
recommcodatlons.
4.6.1. The Owner sh~U furnish the s~rvtces of other consul-
rants when such Services are regsonably required by the scope
of the Project ~nd ~e requested by the A~chitect.
4.7 The Owner sh;dl furnish struetu~d, mechanical, chemical,
air and water pollution tests, tests for h:b~urdous materials, and
other laboratory and envirorunental tests, Inspections and
rcport.s ~cqUb'ed by law Or the Contract
4.8 The Owner shall furnish ~ leg31, accountIng and Insurance
counseling services as may be necusary at any time for the
Project, IncludIng auditing services the Owner may require to
verify the Contractor's Applications for Payment or to ascert;dn
how or for what pun~oses the Contractor.has used the money
paid by or on behalf of the Owner.
4.9 The services, Information, surveys and reports required by
Pzragraphs 4.5 through 4.8 Eh~ be rurnLshed at the Owner's
expense, m~d ate A~chitcct sh~l b~ endtled to rdy upon the
accuracy :and completeness thereof.
4.10 Prompt wducn notice sh~U be given by the Owner to the
Architect ff the Owner b~comes aware of any fault or dared In
the Project or noncunformance with the Contract Documents.
4.11 The proposed language of certificates or certifications
requested of the A~chitect or Archkect's consultants shad be
submitted to the Architect for review and approv:d at least
days prior to cxccuUon. The Owner shall not request certifica-
tions that would require knowledge or services beyond the
scope of this Agreement.
AtA DOCUMENT B141 * OWNER-ARCHITECT AGliEEMEHT ® FOURTEEHTH EDITION · AIA~ *' {)1987
B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w. WASItlNGTON, D C. 2000~
WARNING: Unllcensed photo~oPitlng violates U,g. cop'/dght laws and Is subleer to legal pmsecuUon.
ARTICLE 5
CONSTRUCTION COST
5.1 DERNITION
5.1.1 The Construction Cooft shall be the total cost or estl*
mated cost to the Owner of all elements of the project designed
or spectiled 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 Con-
tracror's overhead and profit. In addition, a reasonable allow-
ance for contingencies shall be included for market conditions
at the time of bidding and ior changes in the Work dudrig
8.1.3 COnstruction Coot does not include the compensation of
the Architect and Archlrect's consultants, the costs of the land,
fights-of-way, financing Or other costs which are the respon-
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations ot the Owner's Project budget, pte. tin~
estimates or Con~trdction Coot and detailed estimates of COn-
strucdon Coot, if any, prepared by the Architect, represent the
ArchRect's best Judgment as a design professional familiar with
the construction industry. It is recognized, however, that nd-
ther the Architect nor the Owner has control over the cost of
labor, materials or equipment, over the Contractor's methods
of determining bid pdces, or over comperidvc bidding, m~kct
or negotiating conditions. Accordingly, the Architect cannot
and doe~ not warrant or teptescm that bids or negotL~tcd pdc¢~
will not vary from the Owner'$ Project budget or from any
cstiGlate of Construction COst or ovalnation prepared or agreed
to by the Architect.
5.2.2 No fixed limit ot COootructlon COst shall be established
as a condition of this Agreement by thc furnishing, proposal or
establiShment of a Project budget, unle.~s such fixed limit has
been agreed upon In wrlring, and signed by the p~u~des hereto. If
such a fixed limit has bern established, the Architect shall be
permitted to include contingencies for design, bidcling and
price escalatlon, to determine what materhi.s, equipment, com-
poncot systems and types of construction are to be included in
the Contract Docume~/~: '~o make reasonable adjustments in
the scope of the Project and to include in the Contract Docu-
ments alternate b[ds to adjust the Constrnerion Cost to the fixed
limit. Fixed limits, if any, shall be increased in the amoum of an
increase in the COntract Sum occurring a~er execution of the
Contract for Construction.
8.2.:3 If the Bidding or Negotiation Ph.'ue has not commenced
within 90 days after the A.w..hltect submits the COnstruction
DocumentS tO the Owner, any Prolcct budget or ILxed limit of
Construction Cost shall be adjusted to reflect ch~ges In the
genenl level of pdces In the coootrncrion industry between the
date of submission of the Constrncdon DocumentS to the
Owner and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjuSted as pco-
vided in Subparagraph 5.2.3) Ls exceeded by the lowest bona
fide bid or negodated proposal, the Owner shall:
.1 give written approval of an increase In such fixed
thnlt:
.2 authodae rebidding or renegotlating of the Project
within a reasonable time;
.3 If the Project is abandoned, terminate Ln accordance
with Pm"agraph 8.5; or
.4 cooperate In revisln/{ the Project scope ahd quality as
required to/educe the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause
the Arcl~ltect, without additional charge, shall modify the Con-
tract Documents as neceksary to comply with the fixed timit, if
established as a condition of this Agreement. The modification
of ContraCt Documents shall be the limit of the Architcct's
responsibility arisIng out of the establislunent of a ftxcd 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.t The DrawIngs, Specifications and other documents pre-
pared by the Architect for thts Prnject are instrnmenu of the
Archl~ect'S Service for use solely with respect to this Project
and, unless otherwBe provided, the Architect shall be deemed
the author of there documents and shall retain all common law,
Statutory and other reserved fights, including the copyright.
The Owner shdll be permitted to resin copies, including repro-
dudble copies. of the Archltect's Drawings, Sped~cadons and
other documents for information and reference in connection
with the Owner's use and occupancy of the Prnject. The Archl-
tect's DrawIngs, Specifications or other documents shall not be
used by the Owner or other~ on other projects, for additions to
thls Project or for compktion of this Project by others, unless
the Architect is adJudged to be in default under this Agreement,
except by agreement in wdting and wl~h appropriate compen-
Sation to the Architect,
6.2 Submission or distribution or documents to meet official
reguLltory requirements or for dmllar purposes in connection
with the Project Is not to be construed as publlcatinn In deroga-
tion of the Archltcct's reserved rights,
ARTIGLE 7
ARBITRATION
7.1 Cislms, disputes or other marten In question between the
parties tO this Agreement arising out of or relating to this Agree-
ment ot bre~ch thereof shall be subject to and decided by arbi-
tration In accordance with the Constrncffon InduStry Arbitra-
tion RuleS of the American Arbitration Association currently in
effect unless the parties mutually agree otherwise.
7.2 D~mand for ~xbitratlon sha/l be rded in writing with the
other parly to this Agreement and with the Antedcan Arbitra-
tion Association. A demand for arbitration shall be made withIn
a reasonable thne after the claim, dispute or other matter In
questloq has arLsen. In no event shall the demand for arbl. tratlon
be made al~er the date when Insthution of leg"A or equitable
proceedings based on such chlm, dispute or other matter In
quesdon wonld be barred by the appGcabie statutes of limitations.
7.3 No arbitration arisIng out of or relating to this Agreement
shall Include, by cousolldatlon, jo[nder or In any other manner,
an additional person or entity not a party to .ffiis Agreement,
WARNING: Unllcensed phot~-'op/lng violates U.S. copyright laws end Is tubleer to legal prosecution.
B141-1987 6
except by written consent containing a spccllic ,reference to
this Agreement signed by the Owner, Architect, and any other
person or eattry sought to be Joined. Consent to arbitration
involving an additional person or entity sh~J not constitute
consent to arbitration Of any claim, dispute or other matter in
question not described in the wdGen COnsent or with a person
or entity not named or described therein. The foregoing agree-
mcm to ~rbitrate ~nd other agreements to arbitrate with an
additionnJ person or entity duly consented to by the p~'tles to
this Agreement shall be sped~cally enforceable in accordance
with applicable law in any court having ludsdktinn the[coL
7.4 The award rendered by the arbitrator or arbitrators shall be
final, and Judgment may be entered upon It in accordance with
applicable law in my court having Jurisdiction theme
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either patty upon
not less than seven days' written no[ice should the other patty
fall substandala y to poe[otto in accordance with the terms of this
A~t~.cinent through no fault of the party initiating the te~mJnatinn.
8.2 if the Project is suspended by the Owner [be more than 30
consecutive days, the Architect shall be compensated for
vices performed pdor to notice of such suspension. When the
Project is resumed, the Archltect's compensation shall be equi-
tably adjusted to provide for expenses incurred in the inter[tip-
ton and resumption Of the Arehhect's servlce~.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' wdtten notice to the Architect in the
event that the Project is permanently abandoned. If the Project
is abandoned by the Owner for more than 90 consecutive days,
the Architect may terminate this Agreement by giving wdtten
notice.
8.4 Failure of the Owner to make payments to the Architect in
accordance with this Agreement shall be considered s~bstantial
nonperformance and cause for termination.
8.5 If the Owner falls to make payment when due the Archi-
tect for services and expenses, the Architect may, upon seven
days' wdtten notice t~ the Owner, suspend performance oESer-
vices trades this Agreement. Unless payment In full is received
by the Architect within seven days of the date of the notice, the
suspension shall take effect without further notice. In the event
of a suspension of services, the Arch[trot shall have no liability
to the Owner for delay or damage caused the Owner becanse
of such suspension of serv[ces.
8,,6 In the event of termination not the fault of the Architect,
the Axchitect shall be compensated for services performed pd0r
to termination, together with Reltnbursable Expenses then due
and as[ Terminatinn Expenses as defined In Paragraph fi.7.
8.7 Termination Expenses are In addition to compensation for
Basic and Additional Services, and include expemea which are
directly attributable to termination. Termination Expenses shall
be computed as a percentage of the total compensatlort for
Basic Services and Ad~tinnal Services esmed to the time of ter-
rninatinn, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services tamed to date if termination
occurs before or during the predestgn, site analysis, or
Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date !f termination
occurs during th~ Design E)evclopmeht Phase; or
,3 Five percent of the total compensation for B~Ie and
Additional Services earned to date if termination
occurs during any subsequent phase.
ARTICLE g
MISCELLANEOUS PROVISIONS
g.1 Udiess otherwise provided, this Agreement shall be gov-
erned by the law of the principal place or business of the
Architect.
9,2 Terms In this Agreement sh~ have the same meaning as
those in APt Document A201, General Conditions of the Con-
tract for Construction, CUrrent as of the date of this Agreement.
9.~ Causes of action between the parties to this Agreement
pertaining to acts ot f",,dlures to act shall be deemed to have
accrued and the applicable statutes of limitations shall com-
mence to mn not later LMn either the date of Substantial Com-
pletion for acts or failures to act occurring pdor to Substantial
Complerinn. or the date of issuance of the final Certffictte for
Payment for acts or failures to act occurring after Substantial
Completion.
g.4 The Owner and Architect waive all dghts against each
other and again.st the contractors, COnsultants, agents and
employees of the other for damages, but only to the extent cov-
ered by property Insurance during construction, except such
rights as they may have to the proceeds of such insurance as set
forth in the edition of AIA Document A201, General Conditions
of the Contract for Construction, current as of the date of this
Agreement. The Owner and Architect each shall require similar
waivers from their co[it[actors, consultants and agentS.
g.5 The Owner and Architect. respectively, bind themselves,
their partners, succ~-~sors, assigns and legal representatives to
the other patty to this Agreement and to the partnero, succes-
son, assigns and legal representatives of such other patty with
respect to all COvenants of this Agreement. Neither Ownel nor
Architect shall assign this Agreement without the wdtten con-
seat of the other.
9.6 This Agreement represent~ the entire and integrated agree-
ment between the Owner and A~chitect and supersedes all
pdot nctgotlatinus, repre~-'ntations or agreements, either writ-
ten or oral. This Agreement may be amended only by written
initmment signed by both Owner and Architect.
9.7 Nothing contained in this Agreement'shall create a contrac-
tual relatinnshlp with or a cause of action In favor of a third
party agalmt either the Owner o¢ Architect.
9.8 Unless otherwise provided in this Agreement, the Architect
and Arch[tect'$ cousult~lnts shall have no responsibility for the
discove~', presence, handling, removal or disposal of or expo-
sure of persons to hazardouS mate[isis In any form at the Project
site, hduding but not [L. nlted to asbestos, :ub¢:stos products.
polychlorinated blphenyl (FEB) or other toxic substances.
9.9 The Arch[leer shall have ~e dSht to include representa-
tions of the design of the Project, IncludIng photographs of the
extedor and Interior, among the Archltect's promotional and
professional materials. The Axchitect's materials shall not
include die Owner's confidential or proprietary information if
the Owner has previously advised the Archit~ct in wdting of
B 141-1987 ThE AMERICAH INSTITUTE OF ARC1nTECTS, 1735 hEW YOI~K AVENUE, N.W., WASNINGTON, D.C. 20oo6
WARNING: Uffilcensed photocopying violates U.S. copyright IlWaL and is sub{set to legat ~oseeutlon.
the specific Information conMdcrcd by the Owner to be confi-
dential or proprietary, The Owner shall provide professional
credit for the Archirect on the constructinn sign and in the pro-
motional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense ts defined as the direct
salaries of the Archttect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con-
trlbutions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, hoUclays, vacations, pensions and similar contributions
and benefitS.
10,2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses axe in addition to compensa-
tion for Basic and Additional Septlees and include expenses
incurred by the Architect and ArchRect's employees and con-
suitants in the interest of the Project, as Identified in the follow-
ing ClauSes.
10.2.1.1 Expense of transportation in connection with the
Pro}act; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for secur-
ing approval of authorities having Jurisdiction over the PrOJect.
10.2.1.2 Expense of reproductions, postage and handling of
Drawings, Sped~catinns and other documents.
10.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
10.2.1,4 Expense of renderings. models and mock-ups requested
by the Owner.
10.2.1.8 Expense of additional InSurance coverage or limits.
including professional liability insurance, requested by the
Owner in excess of that normally carded by the Architect and
Architect's consultantS.
10.2.1.6 Expense Of_computer-aided design and drafting
equipment time when used in connection with the Prolect.
10.3 PAYMENTS ON ACCOUNT OF BASIC OERVICEO
10.3.1 An inldal payment as set forth in Paragraph 1 I.I is the
minimum payment under this Agreement.
10.3.2 Subsequent paymentS for Basic Septices shall be made
monthly and, where applicable, shall be in proportion to ser-
vices performed within each phase of septice, on the basis set
forth in Subparagraph 11.2.2.
10.3,3 If and.to the extent that the time initially established in
Subparagraph 11.5.1 of this Agleamant is exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered dudng the additional period of time shall be
computed in the manner set forth in Subparagraph 113.2.
10.3.4 When compensation is based on a percentage of Con-
$tnsctlon Cost and any portions of the Project ase deleted or
otherwise n6t constructed, compensation for those portions of
the Project shall be payable to the extent septices are per-
fortned on those portions; in accordance with the schedule set
forth.in SubparAgraph 11.2.2, based on (I) the lowest bona fide
bid or negotiated proposal, or (2) If no such bid or proposal is
received, the most recent preliminary estimate of Construction
COst or detailed e~tlmate of Construction Cost for such por-
tinns of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4j Payments on account of the Axchireet's Additional
Services and for Reimbursable Expenses Shall be made monthly
upon presentation of the Archimct's sratement of services ren-
dered or expenses incurred.
10.$ PAYMENTS WITHHELD
10.S.t No deductions shall be made from the Archltect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payruents to contractors, or on account of
the cost of changes in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECTS ACCOUNTING RECORDS
10.6.1 RecordS of Reimbursable Expenses and expenses per-
taining to Addkinnal Services and services performed on the
basis of a multiple of Direct Personnel Expense shal[ be avail-
able to the Owner or the Ow{ter's authorized.representative at
mutually convenient times.
ARTICLE 11
BASIS OF COMFENSATION
The Owner shall compensate the Architect as follows:
11.1 ANINITIALPAYMENTOf zero Dordaxs($ 0.00 )
shall be made upon execotlon of this Agn~etuent 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 t 2 as part of Basic Services, Basic
Compensation shall be computed as follows:
(Iraerr baste of compemanon. ltrdudlng stipulated auras. multiples or percentages, and Idoldry
.~es,.,y.) Architectural services shal.1 be performed and .billed on an hourly
basis at the hourly rates established in the Proposal for Landscape
Architectural Services dated April 19,1999, for Forty-Nine Thousand Five
Hundred Dollars ($49,500.00).
WARNING: Unllcensed photocopy(ng violates U.S. c~Ffdght law~ end Is su~ect to legal pro=ecutton,
B141-1987 8
11.2.2 1(there compensation Ls based on a stipulated sum or percent3ge of CortstmctJon COst, pmg,~ss payments'rot Basic Services
In each phase shy total the foHow[ng perccnUges or the tot:d Basic Compensation payabic: -
(insert additional pbaxes as appmprfatt.)
Schematic Design Phasc=
Design Dcvdopment Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
COnstruction Ph~e:
TOeel Basic Compensation:
11.3 COMPENSATION FOR ADDITIONAL SERVICES
percent ( %)
percent ( % )
percent ( % )
percent C %)
percent ( %)
one hundred percent (100%)
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described In Paragraph 3.2 compensation shall be com-
puted as follows:
None.
113.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, aS described in Articles ~, and 12, other than (I) Additional Project
RaprestOration, as described in Paragraph 3.2~ and (2) services included in Article 12 as part of Basic Services, but excluding
services of consultants, compensation shall be computed as follows:
None.
11.3.3 FOR ADDITIO~NAJ._ SERVICES OF CONSULTANTS, including additional StrUctural, mcch~.c'A and electrical c0g(nee. dng
services and those 15i'ovIded Under Subparagraph 3.4.19 or MenUfled in Ju'ticic [2'as par of Additional Services, a mditlple of
one ( 1.0 ) times the amounts billed to the Arch[tact for such services.
11.4 REIMBURSABLE EXPENSB
11,4.1 FOR REIMBURSABLE EXPENSES, as described in Paragra h 102, and any other Items included in Article 12 as Rdrabtu~able
lixpenscs, amuttlplcor one ( ~.0 ) times the expenses incurred by the Axchltect, theArChitcct's
empinyces and consultants In the Interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES envc~rcd by this Agreement have not been completed withLq ' twelve
( 12 ) months of the date hereof, through no fault of the Architect, eelon of the Ar..hltect'$ services beyond that time shah be
compensated as provided In Subparagraphs 10.3.5 and 11.3.2.
11.5.2 Payments ate due and payable ' thirty ( 30 ) days from the date of the Archltcct's Invoice.
Amounts Unpaid nine t ( 90 ) days after the Invoice date shall bear interest at the rate entered bdow, or
in the absence thereof at the legal rate prevailing from me to time at the pdndpal place of business of the A~chltcct.
(kummteqtn#e'wt~S"~4uP°") One and one-half percent per mohth.
9 Q141-1987
WARNINOt UnllcensKI photoCopying viollees U.S. copyright la~t end Is subiect to legal prosecuUon,
11 .g,3 The rates and multlplc~ set forth for Additional Services shall be ~nnually adlustcd in accordance with normal salary review
p~ctices of the Architect,
ARTICLE 12
OTHER CONDITIONS OR'SERVICES '
This Agreement entered into as of the day and year first Written above.
OWHER
name aM title)
ARCHITECT
BrJ, an D. HcCarthy, ASLA
(~nt~ ~ ~ Hire)
CAUTION: You should sign an original AIA document which has this caution printed In red.
An original asSureS that changes will not be obscured aa may occur when documents are reproduced.
AIA DOCUMENT B141 , OWNER-ARCHITeCT AGREI~VlISNT, FOURT~EhTll E6iTIOH, AiA® , O1~87
B141-1987 10
WARNING: Unllclnled photo~3F/Ing violates U.S, Co~/dght ~ ind 15 subject to legal prosecution,
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) Adicles
1 through 12 inclusive.
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
Add the following subparagraph:
1.1.4 The Architect accepts the relationship of trust and confidence established
between the Architect and the Owner by this Agreement. The Architect . .
covenants with the Owner to furnish the best skill and judgment of the Architect
and to cooperate with the Owner, the Owners representatives, contractors and
other interested parties in furthering the interests of the Owner. In order to
promote successful completion of the Project in an expeditious and economical
manner, the Architect shall provide architectural services for the Owner in all
phases of the Project to which this Agreement applies. The Architect
acknowledges that the Owner is relying on the Architect to provide professional
services in a manner that is consistent with the interests of the Owner.
Add the following subparagraph:
1.1.5 The Architect shall perform the Architect's services as an independent
contractor in accordance with generally accepted standards In the Architect's
profession, The Architect shall be responsible for the professional quality,
technical accuracy and the coordination of all servlces performed by the
Architect. The Architect shall, without additional compensation, correct or revise
any e(~'~' ~r deficiencies in the Archltect's services that are cat~sed by the
Architect's negligence. The Owner's review, approval, acceptance of, or payment
for, any of the Architect's services shall not be construed to waive any of the
Owner's rights under this Agreement or any cause of action arising out of the
Architect's services.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
Add the following sentence to Subparagraph 2.6.2:
"The Owner shall provide supplementary conditions for AIA Document A201 which shall
include provisions concerning the Architect's authority administer the Contract for
Construction."
1-EXHIBIT A for contract between the Ashland Parks and Recreation Commission and Cameron, McCadhy. GIIbed
Delete the foltowlng 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 Amhitect 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
claims, disputes, and other matters in question between the Owner and the
Contractor with due diligence.
2.6.16 The Amhitect'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 pady 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
padicularity. If the breach specified in the notice cannot be completely cured
withinthe-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 pady.
repeatedly breaches the terms of this Agreement.
7.3 In the event of a default, before either pady may bring an action in any court
concerning this Agreement, such pady must first seek in good faith to resolve the
issue through negotiation, mediation or through other non-binding alternative
dispute resolution.
2-EXHIBIT A for contract between the Ashland Parks and Recreation Commission end Cameron, McCarthy, Gilbert
7.4 Pending final resolution of a dispute, or pending termination of this
Agreement under this article, the padies 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
pady 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 Cimuit 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 Amhitect
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 Amhitect
shall be paid for all fees earned and reimbursable expenses incurred prior to the
termination date plus reasonable termination expenses. The Architect shall not
be entitled to compensated for lost profits..
ARTICLE 9
MISCELLANEOUS PROVISIONS
Delete Paragraph 9.1 and substitute the following:
9.1 This Agreement will be governed by and construed in accordance with laws
of the State of Oregon. The Architect shall promptly observe and comply with all
present and future laws, orders, regulations, rules and ordinances of federal,
state, and local governments with respect to the Archltect's services.
Delete Paragraph 9.3 and substitute the following.'
9.3 In the event of any breach of this Agreement by the Amhitect or negligent
performance of any of the services, the Owner's cause of action against t,he
3-EXHIBIT A |or contract between the Ashland Parks and Recreation Commission and Cameron, McCarthy, Gilbert
Amhitect 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. Brian McCadhy 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 Amhitect 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 properly (including loss
or destruction), of whatsoever nature, arising out of or incident to the Architect's
negligence (including but not limited to, the acts or omissions of the Architect's
employees, agents, and others designated by the Architect to perform services
covered by this Agreement). The Architect shall not be held responsible for any
claims, actions, costs, judgments, damages, or other expenses directly and
proximately caused by the negligence of the Owner, the construction contractor,
or any consultant retained by the Owner pursuant to paragraph 9,11.
9,13 The purpose of Subparagraph 9.12 above is to allocate risk for claims
between Owner and Architect. Nothing in this Agreement is intended to extend
any rights to any other person or organization or to waive any rights to indemnity
that Owner or Architect may have under the Contract Documents. To the extent
permitted by law, the Contract Documents shall require the construction
contractor to defend, indemnify, and hold harmless the Owner and the Architect
4-EXHIBIT A for contract between lhe Ashland Pa~ks and Recreation Commission and Cameron, McCarthy, GIIbed
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 properly 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 withhold. ing 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 ger~er~_lly are granted to the Owner's employees, such as vacation, holiday
and sick leave, other leaves with pay, medical and dental coverage, life and
disability insurance, overtime, worker's compensation, unemployment
compensation and retirement benefits.
9.17 The Amhitect 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 employe. r, the
5-EXHIBIT A Ior contract between Ihe Ashland Parks a~d Recreation Commission and Cameron, McCarthy, Gilbed
ARTICLE 10
PAYMENTS TO THE ARCHITECT
Add the following subparagraphs to Paragraph 10.6:
10.6.2 The Architect shall develop and maintain complete books of account and
other records on the ArchiteCt's services which are adequate for evaluating the
Architect's performance. The Architect's records shall provide a clear distinction
between the expenditures and revenues related to the Project and the
expenditures and revenues related to the Architect's other business.
10.6,3 The Owner shall have the right to request an audit of the Architect's books
and records by a certified public accountant retained by the Owner.
Add the following paragraphs:
10.7 The Owner shall not be indebted or liable for any obligation created by this
Agreement in violation of the debt limitation of Article Xi, Section 10 of the
Oregon Constitution.
10.8 The Owner shall not be liable for any expenditure under this Agreement for
which statutory appropriation has not been made pursuant to ORS 294.305 et
seq. (Local Budget Law).
10.9 The Owner has appropriated funds for the Architect's services that will be
provided during the fiscal year that ends on June 30, 1999. In the event no
funds or insufficient funds to pay for the Architect's services are appropriated for
subsequent fiscal years, the Owner shall notify the Architect as soon as the
budgetary decision is made, and this Agreement shall terminate on the last day
of the fiscal year for which appropriations are made, Such notice is a condition
precedent-to invoking the limitation on payment stated In Paragraph 10,8.
7-EXHIBIT A for contracl between the Ashland Parks and Recreation Commission and Cameron, McCadhy, Gllbed
Ashland Parks and Recreation Department
AIA Document B141
Standard Form of Agreement Between
Owner and Architect
Amendment #1
Calle Guanajuato Restoration Project
Adicle 11.2.1 is amended to include the following:
Architectural services for th'e project are based upon and shall be performed as
outlined in the Ashland Parks and Recreation Department's Request for Proposal
dated March 29, 1999.
Signature
Y r:t4 0 I ,k?cTO
Name and Title
Date
Architect:
Name and Title
AB: Calle Project \ Consulting
11-12-99 10:39AM FROM CAMERON & MCCARTHY
CAMERON,MeCARTHY,~ILB~RT
November 11, 1999
Ken Mickelson, Dixeetor
Ashland Parks & Recreation
340 S Pioneer St
Ashland OR 97520
RE: CALLR GUANAJUATO RESTORATION PROJECT - PHASE ONE
FEB SUPPLEMENT REQLII~T
Dcax Kcn~
guclosed is a Statement of Work (Attachment 1) sad a seriu of individual proposals by members of our
design team for design, permitting, and construction services. These items provide a summary of the
requested services we propose to furnish. Also incorporated in this supplement request are the fees
associated with the ropegraphic survey, previously authorized, and geo-tcclmical investigations
Cureconstruction testing).
ADDITIONAL SERVICES SUMMARY
PROJECT MANAOENIENT & LANDSCAPE ARCHITECTURE
Cameron M¢CaRhy Gilbert, Eugene, Oregon (Attachment 2) $ 28,080.00
DESIGN ENGINKBIflNG, SURVEYINO, & PERMrrrlNO
OBEC Consulting Enginemrs, EuEene & Mealford, Oregon (Attachment 3) $ 98,217.00
CONSTRUCTION INSPBUriON
OBBC Consulting Engineers, eugene & Mealford, Oregon (Attachment 3) $ 48,892.00
BNVIRONIVI~NTAL CONSULTATION & PBRMhTING
Fishman Environmental SnrvlcM, Portland, Orellon. (Attachment 4) $ 16,300.00
DESIGN CONSULTATION & LANDSCAPE ARCHITECTURE
Weak Associates, he., Denver Colorado, (Estlma[ed Allowance) $ 4,500.00
GEO-TI~CHNICAL D,IVESTIGATIONS Cureconstruction
GeH{ O[!;)u~,. Mealford, Oret, on, (Altsehmem 5)
TOTALESTIMATeD CHARGES " $ ~04,0~9.00
CONTINGENCY ('~ +/- 5% $ 10.97L00
TOTAL FI~E SUPPLEMENT $ t15,000.00
The differences in those figures compared to earlier estimates are the incorporation of additional meetings in
Ashland, more fees for permitting and construction inspection, and the inclusion of the topographic
surveying and gee-technical investigation Cureconstruction testing) costs, If this proposal meets with your
approval, please have a not to ex_,>~__d for time and materials supplement in the amount of $ l~lg~000.0O
prepared for our signatures. Otherwise~ we would be happy to consider another approach. We are prepared to
begin work immediately.
Again, we look forward to working with the Cornmission and you on the n~xt sequence of this project.
attachments: 5