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HomeMy WebLinkAboutKovert Hawkins ArchitectsDocument B151 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 14th day of December 'In words, indicate day, month and yearJ in the year Two Thousand Five BETWEEN the Architect's client identified as the Owner: 'Name. address and other information } City of Jeffersonville. Indiana Department of Public Works City County Building Jeffersonville. IN 47130 and the Architect: ~ Name. address and other information) Kovert Hawkins Architects. [nc. 63(~ Walnut Street Jeffersonville. IN 47130 Telephone Number: 812 282 9554 Fax Number: 812 282 9171 For the following Project: (Include detailed description of Project) Fire Station No. 2 & Headquarters Jeff Fire Station No. a t Site Undetermined for bothfacilities) FIRE STATION NO. 2 & HEADQUARTERS 12.000 square foot, one-story structure. Includes 3-bay Apparatus Room, Living Quarters, Central Administrative Offices and Training Room. Also includes a 4-story, free-standing Training Tower. ADDITIONS AND DELETIONS: The author Gl this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions 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 imporlant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification, FIRE STATION NO. 4 9,300 square feet, one-story structure, includes 3-bay Apparatus Room and Living Quarters. The Owner and Architect a~ee as follows. AIA Document n151TM - 1997 Copyright © 1974 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyr ght Law and International Treaties. Unauthor zed reproduction or d~str bution of this AIA Document o 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 11 :t 9:57 on 12/12/2005 under Order No.1000190150 1 which expires on 8/9/2006, and is not for resale. User Notes: - (4029496854) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § '1.1 The services performed by the Architect. Architect's employees and Architect's consultants shall be as enumerated in Articles 2. 3 and 12. § t.2 The Architect's services shall be performed as expeditiously as ~s 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 may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.$ The Architect shall designate a representative authorized te act on behalf of the Architect with respect to the Project. § 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.t DEFINITION The Architect's Basic Servtces consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. § 2.2 SCHEMATIC DESIGN PHASE § 2.2.1 Thc Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject tc the limitations set forth in Section 5.2.1. § 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.$ The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Oevelopment Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3 2 The Architecr shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner. Consrrnction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. AIA Document Bt 51 TM -- t 997. Copyright © 1974, 1975, 1957 and 1997 by The American Institute of Amhitects. Ail 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 se~e~e civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA so,ware at 11:19:57 on 12/~ 2/2005 under Order No.1000~ 90~ 50_1 which expires on 8/9/2006, and is not for re~10e; ~496554) User Notes: 2 § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. § 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.6 CONSTRUCTION PHASE--ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibilit~ to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201. General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents. shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided ii~ this Agreement unless otherwise modified by written amendment. § 2 6 6 The Arch~itect~ as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However. the Architect shall not be required to make exhaustive or continuous on-site inspections th' ~heck ~he quality or quantity of the Work. The Architect shall neither have control over or charge of. nor be responsible for. the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.8 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. AIA Document B151 ~M _ t 997. Copyright © 1974, 1978, 1987 and 1997 by The Americe~n Institute of Architects. All rights reserved. WARNING: This ® ri ht Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or AIA Document is protected by U.S. C~.py g . - ' uted to the max mum extent possible under the law. Th's any port on of t may result in severe civil and crlrnina penalties, and will be prosec document was produced by AIA software at 11:19:57 on 12/t 2/2005 under Order NO.1000190150 1 which expires on 8/9/2006, and ~$ not for re~496854) User Notes: 3 § 2.6.9 CERTIFICATES FOR PAYMENT § 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. § 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment. that the Work has progressed to the point indicated and that, m the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1 to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion. t2~ tc results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections te check the :luality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's fight to payment, or/4/ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6,t0 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the prowsions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However. neither this authority of the Architect nor a decision made in good faith either m exemise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor. Subcontractors_ material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.'11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawi~gs. Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable prompmess as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect. of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of wkich the item is a component. § 2.6.12 If professional design services or certifications by a design professional related to systems, materials or eqmpment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted tc the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are conststent with the intent of the Contract Documents. AIA Document S151 ~M -- 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Amhitects. All rights reserved. WARNING: This AIA® Document s protected by U.S. Copyright Law and nternat onal Treaties. Unauthorized reproductmn or d~strlbut on of th~s AIA Document o any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the m~ximum extent possible under the law. This document was produced by AIA software at 11:19:57 on 12/12/2005 under Order No.1000190150 1 which expires on 8/9/2006, And is not 1or resale. - (4029496854) User Notes: § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner. for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor. and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents, § 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of. the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable prompmess. § 2.6.15 Interpretations and decisions of thc Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 2.$.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However. the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor. except for those relating to aesthetic effect as provided in Section 2.6.17_ shall be subject to mediation and arbitration as provided 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 they shall be paid for ~y the Owner as providec~ in thi~ Agreement, in hddition to th~ ~om~efis~ition for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior m commenarng such services. If the Owner deems that Such servtces described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect: If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. § 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 If more extensive representatio~ ~t the site than is described in Section 2.6.5 is required, the Architect shall provide one or mom Project Representatives to assist in carrying out such additional on-site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect. and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement. unless otherwise agreed. § 3.2.3 Through the presence at the site of such Project Representatives_ the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work. but the furnishing of such projecl representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. § 3.3 CONTINGENT ADDITIONAL SERVICES § 3.3.1 Making revtsions in drawings, specifications or other documents when such revistons are: .1 inconsistent with approvals or instructions previously given by the Owner. including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. AIA Document Bt 5t TM - 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rig hts 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 prosssuted to the maximum extent possible under the law. This document was produced by AIA software at ~ 1:19:57 on 12/12/2005 under Order NO.1000190t 50_1 which expires on 8/9/2006, and is not for resale. User Notes: (4029496854) 5 § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.3.$ 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 Contractor under the Contract for Construction. § 3.3.1 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 heating, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. § 3,3.9 Preparing documents for aitemate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. § 3.4.2 Providing financial feasibility or other special studies. § 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4,4 Providing special surveys, enwronmental studies and submissions required for approvals of governmental authorities or othem having jurisdiction over the Project. § 3.4.5 Providi~/g services relative to future facilities, systems and equipment. § 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner, § 3.4.10 Providing detailed estimates of Construction Cost. § 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating costs. § 3.4A3 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. AIA Document B151 m _ 1997. Copyright © 1974, 1978, 1987 and 1997 by The American [nstltute 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 sof~ware at 11:19:57 on 12/12/2005 under Order No.1000190150_1 which expires on 8/9/2006, and is not for resale. User Notes: (4029496854) § 3.4.14 Providing services for planning tenant or rental spaces. § 3.4.15 Making investigations, inventories of materials or eqmpment, or valuations and detailed appraisals of existing facilities. § 3.4.16 Preparing a set of reproducible record drawings showing stgnificant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. § 3.4.17 Providing assistance in the utilization of equipmem or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, tralnmg personnel for operation and maintenance- and consultation during operation. § 3.4.18 Providing services after ~ssuance to the Owner of the final Certificate for Payment, or tn the absence of a final Certificate for Payment. more than 60 days after the date of Substantial Completion of the Work. § 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineenng portions of the Project provided as a part of Basic Servtces. § 3.4.20 Providing any other services not otherwise included in this Agreement or not customariiy furnished in accordance with generally accepted amhitectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information in a timely manner regarding requirements fo~ and limitations on the Project. including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space reqtarements and relationships, fiexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect. within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give nonce of or enforce lien rights. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost. the Owner's other costs and reasonable contingencies related to all of these costs. § 4.$ The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decismns in a timely manner pertaining to documents submitted by the Architect in order m avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project. and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures: adjacent drainage; rights-of-way, restrictions, easements, encroachments- zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade. including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may mclude but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designamd in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. § 4.7 The Owner shall furnish structural, mechanical, and chemical tests: tests for air and water pollution: tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. AIA Document B151 ~u _ 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute o! Architects. All rights reserved. WARNING: This User Notes: 7 § 4.5 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Paymem or te ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.5 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense~ and the Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 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 tn the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST § 5.1 DEF NITION § 5.1.1 The Construction Cost 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. § $.1.2 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, 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. § $.t.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land. rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. § 5,2 RESPONSIB L TY FOR CONSTRUCTION COST . . . . · § 5.2.1 Evaluations of the Owner's Project budget, the prehm~nary esumate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipreent~ over the Contractor's methods of determining bid puces, or over compegfiti:~ Bidding. market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent mat bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or ex;aluafion prepared or agreed to by me Architect. § 5.2.2 No fixed lirmt of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parries hereto, If such a ~i{~d limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limit~, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5.2.$ If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 5.2.4 If a fixed limit of Construction Cost (adjusted as proviued in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit: .2 authorize rebidding or renegotiating of the Project within a reasonable time; .5 terminate tn accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. AIA Document B151 TM - 1997. Copyright © 1974, 1978, 1987 and t 997 by The American Instltute of Amhltects. All rights reserved. WARNING: This rnational Treat es. Unauthorized reproduction or d str bution of this AIA® Document, or ® s rotected b U S Copyright Law and rite max mum extent possible under the law This AA Document p . Y ' ' Itles andwillbeprosecutedtothe . nor t ma resut nseveree~wlandcrimtnalpena , hex res on S 9/2006 andtsnotforresale. any porflo ' Y .............. t 11'19'57 on 12/ 2/2005 under Order No.1000190150_t wh c p {4029496854) User Notes: § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the uocumems for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost tc the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. 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 INSTRUMENTS OF SERVICE § 6/1 Drawings, specifications 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 ail common law. statutory and other reserved rights, including copyrights. § 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexchisive 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 me 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 m the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 6.3 Except for the licenses granted in Section 6.2, no othez license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublieense, 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 6.2. Subrmssion 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 cz 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. § 6.4 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 mcorporation 1nrc the Instruments of Service. the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Insrrumems of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION § 7.1.1 Any claim, dispute or other matter in question arising out of o~ related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either parry. if such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. AiADocument B151m_1997. Copyright© 974,1978, 1987 and 1997 t>y The American Institute of Archltects' AII rights reserved. WARNING:This · iht Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or AIA DoCument s protected by U.S. Copyr g r uted to the max mum extent puss bfo under the law. Th s any port on of it, may result in severe civil and crlm na pena ties, and will ~e p osec , document was produced by AIA software at 11:19:57 on 12/12/2005 under Order NO.1000190150_1 which expires on 8/9/2006, and ~s not for re~496854) User Notes: § 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the purees mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with die filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 7.1.$ The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 7.2 ARBITRATION § 7.2.1 Any claim, dispute or other matter tn question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 7.1. § 7.2.2 Claims. disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration wkich, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in w[i?ng with the other party to this Agreement and with the American Arbitration Association. § 7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 7.2.4 No arbitration arising out of or relating to this Agreement shall include by consolidation or joinder ?(in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent te a~b{t~tion involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or o'ffi¢i:matter ii('qfiestion not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly cofisented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 7.2.$ The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance atto cause for terrmnation 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 service~, the Architect shall have no liability re the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming serviecs, 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 fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document Bt 51 TM - 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This ® ' U $ Co ht Law and International Treaties. Unauthorized reproduot on or distribution of this AIA® Document, or A A Document ~s protected, by . . pyr g criminal nalties, and will be prosecuted to the max mum extent possible ut~der the law. This ~ on cYuPm°e~t°wn a~f ~tr[3~uacYe ~e~y ~ i~ sS~o f}*we ~eC~lll ~d9:57 on12/lP~2/2005 under Order No.1000190150_~ which expires on 8/9/2006 and ~s not for re~496854) User Notes= 10 § 8.2 If 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 [or the remaining services and the time schedules shall be equitably adjusted. § 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. § 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 m accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terufinated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 8.$ In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to terraination 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. ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Paymem for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence m run any later than the date when the Architect's services are substantially completed. § 9.4 To the extent damages are covered by property insurance during construction, the Owner and 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 ma~ 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. § 9.5 The Owner and Architect. respectively, bind themselves, their partners, successors, assigns and legal representatives to the other parry m this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect m all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreemem 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. § 9.6 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. AIA Document B151T~ _ 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document ~s protected by U.S. Copyr©ht 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 w~s produced by AIA software at 11:19:57 on 12/12/2005 under Order No.1000190150 1 which expires on 8/9/2006, and is not for resale. User Notes: - (4029496854) 11 § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.8 Unless otherwise provided in this Agreement. the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site § 9.0 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 specific 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. § 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for revtew 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. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.t DIRECT PERSONNEL EXPENSE 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. § 10,2 REIMBURSABLE EXPENSES § 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the fdilowing Clauses: .1 transportation in connection with the Project. authorized out-of-town travel and subsistence, and electronic communications: .2 fees paid for securing approval of authorities having jmisdiction over the Project; ,3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service: .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested b> the Owner; 6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants: ,7 reimbursable expenses as designated in Axticle 12: .8 other similar direct Project-related expenditures § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. § 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 [f and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect. compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. AIA Document B151 *M _ 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This A* AIA® Document is protected by U.S. Copyright Law and Internat cna Treat es. Unauthori~ed reproduchon or distr bulton of this Al 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 11:19:57 on 12/12/2005 under Order No.1000190150 1 which expires on 8/9/2006, and is not for resale. User Notes: - (4029496854) 12 § 10.$.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable m the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 10.5 PAYMENTS WITHHELD No deductions shall be made from the Amhitect's compensation on account of penalty, liquidated damages or other sums withheld from payments m contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convement times. ARTICLE tl BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement 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 12 as part of Basic Services_ Basic Compensation shall be computed as follows: ,'Insert basis of compensation, including stipulated sums, multiples or percentages, and identi~ phases to which particular methods of compensation apply, if necessary.) LUMP SUM FEES 5109,000 Station 2. Headquarters & Training Tower 66,000 Station 4 (using similar design concept as Station 2) 5175.000 I Schedule of Professional fees - Hourly rates for additional servtces: 5125.00fHr. 5125.00/Hr. 5100.00/Hr. $110.00Frlr. 5 75.00fHr. 5 75.00/Hr. $ 70.00/Hr. $ 70.00fltr. 5 68.00fHr, 5 41.00fHr. 5 40.00/Hr Principal-Architect Structural Engineer Mechanical/Electrical Engineer Senior Architect Architect Engineer/Designer Interior Designer Graduate Architect/Designer Senior Draftsperson Draftsperson Clerical AIA Document B151TM - 1997. Copyright © 1974 t 978. 1987 and 1997 by The American Institute of Amhltects. All rights reserved. WARNING: This AIA® Document is protected by U,$. 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 !aw. This document was produced by AIA software at 11: f 9:57 on 12/12/2005 under Order NO.1000190150 1 which expires on 8/9/2006, and is not for resale. User Notes: - (4029496854) 13 § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: rlnsert additional phases as appropriate. ) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Fifteen percent Twenty percent Forty percent Five percent Twenty percent 15 %) 2o %) 40 %) 5 %) 20 %) (Paragraph deleted) Total Basic Compensation one hundred percent I00.00 %) § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: Hourly rates as listed in Article 11.2.1 § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation. as described in Section 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: rlnsert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Hourly rates as listed in Article I 1.2.1 § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering servmes and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services. a multiple of One and one-tenth , 1.10 ) times the mounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) § 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses. as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses. a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, the [ Architect's employees and consultants directly related to the Project. § 11.5 ADDITIONAL PROVISIONS § tt.5.1 If the Basic Services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable Thirty-one ( 31 ) days from the date of the Architect's invoice. Amounts unpaid Zero , 0 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon. ~ ] One-half percent (0.5%) per month on unpaid balance. (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 elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA Document B151 m _ 1997. Copyright © 1974 1978, 1987 and 1997 by The American Institute of Amhitects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or d str but on 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 11:19:57 on 12/12/2005 under Order No.1000190150_1 which expires on 8/9/2006, and is not for resale. User Notes: (4029496854) 14 § '11.$,3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES ~ lnsert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 12.1 Design and engxneering to bring utilities to the selected site is not included. 12.2 Architect will be until July 1, 2 This A~ OWNE(~ (Signamre ~ Robert L. Walz. Mayor , Printed name and title~ in work upon receipt of executed Agreement. However, payment for service will not be due torOjectfinancing obtained (sale of municipal bonds), whichever occurs first. as of the day and year first written above, t~ ~ '~r~ ~~/ / ARCHITE~ (Signatu~ ~- ~' Hal E. Kovert, Pfincipal (Printed name and title) AIA Document B151TM - 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Amhitects. All rights reserved. WARNING: This ® Document is rotectedbyU~ CopyrightLawand nternationa Treaties. UnauthorizedreproductionordmtnbutlonOfth~sAIA; Document, o AIA P ' .- ' · ndwillbe rosecuted to the max mum extent poss b e under the aw This any portion of it, may resu t n severe c~wl and crm hal penalties, a p ' document was produced by AIA seftwam At 11:19:57 on 12/12/2005 under Order No.1000190 t 50_1 which expires on 8/9/2006, and is not for m~lf]~496854) User Notes: 15