Loading...
HomeMy WebLinkAboutEstopinal Group B141- 1997 Part 1C `e,~1C-~Tr~e~ . ~ - - Document B141 r~ -1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBiLiTIES OFTHE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the Fourth day of January in the year Two Thousand and Six. (In. words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address mid other information) The Honorable Robert L. Waiz, Jr. Mayor City of Jeffersonville City-County Building 501 E. Court Avenue, Room 404 Jeffersonville, Indiana 47130 812.285.4600 and the Architect: (Name, address and other- information) R. Wayne Estopinal, AIA, ACHA The Estopinal Group LLC 903 Spring Street Jeffersonville, Indiana 47130 rwestopinal @ theestopinalgroup.com 812.282.3700 812.283.4383 fax For the following Project: (Include detailed description of Project) JEFF.022 Ken Ellis Senior Center 1425 Pennsylvania Avenue Jeffersonville, Indiana 47130 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Addftions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 6141 >M - 7997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted *o the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order No.1000209618_1 which expires on 12/7/2006, and is not for resale. User Notes: (1580609046) • The Scope of the project includes architectural and engineering services for new construction of approximately 6,100 sf multi-purpose building, including areas for sitting, art, exercise computer, health screening, kitchen office, storage and restrooms. The building will be one (1) floor consisting of brick and metal stud construction with clear span metal joists and columns. Site work to include approximately 36 new parking spaces. The Owner and Architect agree as follows: ~ ARTICL]? 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement. ") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) Ken Ellis Senior Center will be used as amulti-purpose building that will have separate areas for the seniors and public areas. § 1.1.2.2 The physical parameters are: (ldentify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnieal reports about the site.) Site is located adjacent to the existing Boy's and Girl's Club at 1425 Pennsylvania Avenue. Site size is .693 acres, dimensions are approximately 169' x 137. Survey (6 March 2006) and Geotech (6 Apri12006). • § 1.1.2.3 The Owner's Program is: (Identify documentatioia or state the manner in which the program will be developed.) Owner Provider § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) Survey prepared by Blankenbeker & Sons dated 6 March 2006 § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: Not Applicable. .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: The scope of the contractor's work is anticipated to be approximately $830,000.00. § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Feb 6, 2006 Design Development Mar 14, 2006 50% CD's Apr 21, 2006 CD's Released Apr 26, 2006 Pre-Bid Meeting May 18, 2006 Bids Due Construction to begin in mid June/early July and last 6-8 months. AIA Document 8141 TM -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. ~ Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order No.1000209618_1 which expires on 12/7/2006, and is not for resale. User Notes: (1580609046) • § 1.1.2.7 The proposed procurement or delivery method for the Project is: (ldentifi~ method such as competitive bid, negotiated contract, or construction management.) Public Bid, Prevailing Wage. § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) j Building is a replacement for one that was destroyed by tornado. § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List dame, address and other information.) The Honorable Robert L. Waiz, Jr. Mayor City of Jeffersonville City-County Building 501 E. Court Avenue, Room 404 Jeffersonville, Indiana 47130 812.285.4600 § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other- information.) Kathy Haller City of Jeffersonville City-County Building 501 E. Court Avenue, Room 404 Jeffersonville, Indiana 47130 812.285.4600 § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline mid, if known, identify them by name and address.) Survey Blankenbeker & Son 422 Meigs Avenue Jeffersonville, Indiana 47130 GeoTech Patriot Engineering 400 Production Court Louisville, Kentuck}~ 40299 § 1.1.3.4 The Architect's Designated Representative is: (Liss name, address artd other information.) R. Wayne Estopinal, AIA, ACHA, President rwestopinal ~ theestopinah?roup.com Kyle Wilson, Architect kawilsan ~ theestopinalgroup.com George Morse, Project Manager gtmorse @theestopinal¢rou~.com The Estopinal Group LLC 903 Spring Street Jeffersonville, Indiana 47130 812.282.3700 812.283.4383 fax AIA Document 6141 na -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA°k Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'D Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order No.1000209618_1 which expires on 12!7/2006, and is not for resale. User Notes: (1580609046) § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as but not limited to structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazazdous materials. ' § 1,2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may • be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.2.8 All equipment which is Owner-Furnished shall be coordinated by the Owner or the vendor. TEG accepts no liability or responsibility for the function, size or appropriateness of the equipment or its' accessories. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, 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. § 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. 1.2.3.8 While the Architect is not responsible for the Contractor's or Subcontractor's failure to perform the Work in accordance with the Contract Documents, the Architect will report to the Owner any such deviations that come to the Architect's attention. 1.2.3.9 The Architect does not offer or imply any responsibility related to the review of the General Contractor's financial matters of their payment to subcontractor or material suppliers. The Architect will review lien waivers at the time of Final Payment and at no other time. 1.2.3.10 The Architect will strive to plan, design and specify this project to allow competitive bids to be within 10% of the Owner's Construction Budget. The Architect is not responsible for unforeseen material and/or labor increases caused by regional, national or international events or changes in supply. AIA Document 8741 TM -1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The • American Institute of Architects. All rights reserved. WARNING: This AIA® Documenrt is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order • No.1000209618_1 which expires on 1217/2006, and is not for resale. User Notes: (1580609046) ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work 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, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their 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. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the }and, rights-of-way and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifcations and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service 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 reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in AIA Document B141 T"" -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA°` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06!16/2006 under Order No.1000209618_1 which expires on 12/7/2006, and is not for resale. User Notes: (1580609046) . Unauthorized reproduction or distribution of this AIAg Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order No.1 00020 96 1 8_1 which expires on 12/7/2006, and is not for resale. • User Notes: (1580609046) the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, 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 or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1.3.7.5 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. § 1.3.7.6 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, infectious agents or toxic substances in any form at the Project site. § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, 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 specitic information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. . § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.21E the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. • AIA Document B141 T"" -1997 Part 1. Copyright ®1917, 1926, 1948, 1951,1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. a Unauthorized reproduction or distrib:~tion of this AIAg Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order No.1000209618_1 which expires on 1217/2006, and is not for resale. User Notes: (1580609046) § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the • other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.8 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, and all Termination Expenses as defined in Section 1.3.8.7. § 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. 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 account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. (Paragraphs deleted) § 1.3.9.3 Records, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 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, employee • retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the 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. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997. § 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or as follows: (Lill other documents, if any, delineating Architect's scope of services.) Proposal letter to City of Jeffersonville, Indiana -dated 6 December 2005, (Refer to Exhibit A) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) Appendix A -Federal and State Third-Part Contract Provisions (Refer to Exhibit B) § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ~Vot Applicable • AIA Document B141 TM -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be g prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order No.1000209618_1 which expires on 12/7/2006, and is not for resale. User Notes: (1580609046) ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Stipulated Fee Not to Exceed $60,000 (Sixty Thousand Dollars); Includes Professional Fees and Miscellaneous Expenses. § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and irlenrifi' Principals and classify employees, if required. Identify specific services to which particular methods of ccunpensation apply.) Based upon Personnel Rates -Upon Request § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of ( 1.20 )times the amounts billed to the Architect for such services. (Paragraph deleted) (Paragraph deleted) • § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. § 1.5.7 An initial payment of zero ($ 0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. § 1.5.8 Payments are due and payable forty-five ( 45 )days from the date of the Architect's invoice. (Paragraph deleted) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsex~here may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or• modifccations, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within _18_ ( Eighteen )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 Section 1.5.2. The Estopinal Group LLC anticipates that services outlined in this agreement will be substantially completed on/or before 30 June 2007. • AIA Document 8141 rTM -1997 Pert 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAg Document is protected by U.S. Copyright Law and International Treaties. ~ Q Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16!2006 under Order No.1 000 20961 8_t which expires on 12!7/2006, and is not for resale. User Notes: (1580609046) • This Agr~ment entere~QjtCt~ as of the day and year first written abc (Signatu~J" The Honorable Rober L. Waiz, Jr. .Mayor City of Jeffersonville City-County Building SO 1 E. Court Avenue, Room 404 Jeffersonville, Indiana 47130 (Printed name and title) President The Estopinal Group LLC 903 Spring Street Jeffersonville, Indiana 47130 (Printed name and title) AIA Document B141 T"" -1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:43:12 on 06/16/2006 under Order No.1000209618_t which expires on 12/7/2006, and is not for resale. User Notes: (1580609046)