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HomeMy WebLinkAboutDavid Todd Runyan & Assoc. .r . THE AMERICAN INSTITUTE OF ARCHITECTS ~''''''''.'''''I'11\f1 'R' '... '.'''!' "''''.' , ';"f; 'J ~;,? l\l ,". ''%.!L''Z!: i~..D lL-;;;l iiI \f \D l,r, J~\N \i ,,,,( Dale __._._..~_____ U3,VW " i;-~ \\1~. AlA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPEG TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the twenty-fourth (24 )day of November Hundred and eighty-one (.1981). in the year of Nineteen BETWEEN the Owner: Housing & Redevelopment Authority of Columbia Heights Columbia Heights City Hall 590 40th Avenue N.E. Columbia Heights, Minnesota 55421 David Todd Runyan & Associates, Inc. 2412 Valentine Avenue st. Paul, Minnesota 55108 and the Architect: For the following Project: (Include detailed description of Project location and scope.) A one-story Plaza Connection of approximately 11,000 sq.ft. between an office building and parking ramp located at the southeast corner of the intersection of Central Avenue N.E. and 40th Avenue N.E., Columbia Heights, Minnesota. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1%1, 1963, 1%6, 1%7, 1970, 1974, @ 1977 by The American Institute of Archltects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AlA violates the copyright laws of the Uni~ed States and will be subject to legal prosecution. AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977. A1A'llI . @1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2CXX>6 8141-1977 1 , j" TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTIClE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understJ.nding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for arproval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1.2 DESIGN DEVElOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu'" ments and any .1djustments authorized by the Owner in the progrJm or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a furth~r Statement of Probable Construction Cost. 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 1.3.2 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owner and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1.4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1.5 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date} sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 1.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AlA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner, Instructions to the Contrac- tor shall be forwarded through the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified hy written instrument in ac- cordance with Subparagraph 1.5.16. 1.5.4 The Architect shall visit the site at intervals ap~ propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- tity of the Work. On the basis of such on'.site observa- tions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.5.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub- 8141-1977 3 AlA DOCUMENT B141 ~ OWNER-ARCHITEcr AGREfMENT ~ THIRT[ENTII EDITION B JULY 1')77 e AIN"J 0 @i1977 THE AMERICAN INSTITUTE OF A,RCHITECTS, 17J~ NEW YORK AVENUE, N.W., WASIIIN(jTON, DC. 20006 , I J 2.3 The Owner shall designate, when necessary} a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The' Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly} to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving} as applicable} grades and lines of streets, alleys, pavements and adjoin- ing property; rights-of-way} restrictions, easements, en- croachments} zoning, deed restrictionsj boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade} including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits} soil bearing valuesj percolation tests} air and water pollution tests} ground corrosion and resistivity testsj including necessary operations for determining sub- soil} air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural} mechanical} chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all leg,:d, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be~ half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTiClE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- . . '''L. . signedj specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights-of-way} or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2:1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Co~t and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a desigrl professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. AccordinglYj the Architect cannot and does not warrant or represent that bids or negotiated prices wil] not vary from the Project budget proposed, established or approved by the Ownerj if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con. tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the ConN tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 [f a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope ,:ll1d quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- mentj the Architectj without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply 6 8141-1977 AlA DOCUMENT B141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION e JULY 1977 . AIA@ . @1977 THE AMERICAN INSTITUTE OF ARcHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 . . .r with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit} and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTiClE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition t6 the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out~of~town travel; long distance communicationsj and fees paid for securing approval of authorities having jurisdiction over the Project 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock~ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insuran'ce, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTIClE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensa- tion tor any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2. based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON ACCOUNT Of ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered o[ expenses incurred. 63 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld {rom payments to contractors, or on account of the cost of changes in the Work other than those for which ,the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three monthsj the Architect's compensation shall be equitably adjusted. ARTiClE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE Of DOCUMENTS 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977 . AIAI1ll . @1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 7 other projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Archi- tect. 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation! joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION Of AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. - , ..... 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic Design Phasei or .2 10 percent if termination occurs during the Design Development Phasei or .3 5 percent jf termination occurs during any subse- quent phase. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AlA Document A201, General Conditions of the Contract for Construction! current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement! any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work! and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AlA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT Of AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8 8141-1977 AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT 0 THIRTEENTH EDITION 0 JULY 1977 0 AJA@ 0 @1977 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 . . ~ ../'1. , " . ARTiClE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect} and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of (Not Applicable) dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 ~~ 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Articlei"S (l6) as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compen,ation, including fixed ilmounts,~~. e5 or percentages, <lnd identify Phases to which parUcular methods of compensa- tion apply, if IlPces\ary.) ... ..1f')or(} _ ...- ..;c::.... MlJIl.....- ,/ For the Architect's .[ms-"k;- services (Architectural, Structural, Mechanical and Electrical), compensation shall be a fixed fee of $22,100.00. BASIC COMPENSATION 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any a.ddiUofJ.1/ phases as approprja~e.) After the bids are taken, the Architect shall bill 80% of the total fee. The balance shall be billed in equal installments spread over the duration of the construction period. Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: (See Above) percent ( percent ( percent ( percent ( percent ( 'Yo) 'Yo) 'Yo) 'Yo) 'Yo) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as descriped in Paragr?ph 1.6, ~ompensation shall be computed separately in accordance with Subparagraph 1.6.2. [No t App 11 ca b 1 e) AlA DOCUMENT B141 .. OWNER-ARCHITECT AGREEMENT" THIRTEENTH EDlTlON .. JULY 1977 .. AIA@ .. @1977 THE AMERICAN INSTITUTE: OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 11141-1977 9 ~ . . "-, . , . . 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: /iI~' , , "', ..' .......'<1(' " ...... , , (Here insert basis of compensation, including rales and/or multiples 01 Direct Personnel Expense lor Principals and f'mp/oyccI, and Identify Principals and classify employees. if required. Identify specific services to which parliculiU methods of compensation arrly, if necessary.) A~Y-~QQ~t~g~~~-SQ~~~~eS~-~f-~e~~~pea-B~t-R6t-e6~e~ecl-fM-tMfs-eOMt~act WQ~~Q-~Q-~~~~eQ-QA-aA-Re~p+Y-Ba~f~~--Effi~+~yee!s-tfme-fothe~-than-Prtn~tpat~s) WQ~+Q-~Q-~~++eQ-at-a-ffi~+t4~+e-6f-2~5-~-8~P~E~-fBf~ect-PersonneT-E~pense) ~S-QQf~~QQ-~~-A~t~~+e-4T--P~~Ae~~a+L~-tfffie-W~~+d-Be-Bf++ecl-at-$42~eefhottr. ~g~-tbg-p~~PQSQ-Qf-tb~s-A~FQeffieAt~-PFfAef~a+~-W6~+cl-Be~ (Not Applicable). David T. Runyan Gordon Rei gstad Al Osmera Larry Howard ,. ~ ", , , ~~~ ,......... , , , 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of Not App 1 i cab 1 e ! -1-.-0- ! times the amounts hilled to the Architect for such services. . "" fl14.5 ........._~...... , ~~ , , (Identity specific lyres of consultants in IIr/icle -15, if rC'/(Jircd.1 FOR REIMBURSABLE EXPENSES, as described in Arlisle 5, and any other iJ;:1f included in Article 15 as Oeim- bursable Expenses, a multiple of Not App 11 cab 1 e I ' ) times the amounk ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (No t App 1 i ca b 1 e) (Here insert any rale of interest agreed upon.) (Usury law, anJ requiremenls under the FederJI Truth in tending Act, >lInihlf st,lIe and lucal LOI1>umef uecltt law; and uther ri'gul,H/on5 at the Owner's and Architect's principal plan.~ of bu>ines" the location of thp Pro;en and plsewlH,re mil}' arrert the validity III thi, proVlllOfl Specific legal JcJl'ice s/lOuld he obtained with respect lu dpletlOn. modiFicalion, or other fPljUlremenls 'ULh J, wriUen disdolurf's or wJiv('rs i 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (1~ months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. 10 11141.1977 AlA DOCUMENT BH1 . OWNER-ARCHIT[CT AGREEMENT. fj--IIRTEENTH [OITlON ~ JULY '\977" AIA@ ~ I'D 1977 THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 ..-" " . l ,. . ARTICLE 15 OTHER CONDITIONS OR SERVICES ARTICLE 1'5_ - PRINTING ~RB_~@st_g~_~~~-~~~Rt~R9-~~~aA~-&-~~eetftea~t6A~1-~e~tt+~ed-for-go~ernmentaT a 9 BR~ ~BS-T -~lEla ~ A!J T -a-Aa - tRB -e6A~tl"l:teH6A,,'J'li'ta~e -!ti'ta t 1- -be - b + Hed -as -a -d +rect 9~~~a-9~e-elf~eAs-e-I:ts-~A9-<j9tR!f-e91ltIltel"eta1-~l"a~e,.~--f&ee-l\rt+el-e-S) (Not Applicable). ARTICLE 16 - EDA REQUIREMENTS -pJTl-- .-) 7 . ..~:t" " _.- ..._~.;?"'~-; -~. . - .- .- . 16.1 Design the project in accordance with the intent of the Grant Agreement between the City of Columbia Heights and EDA. 16.2 Design the project to conform to all Federal, State, and local standards regarding air or water pollution. 16.3 Design for access by the handicapped to facilities to be used by the public in accordance with Public Law 90-480, as amended, 42 USC 41S1-4156. 16.4 Use forms for instructions to bidders, general conditions, contract, bid bond, performance bond, and payment bond which have EDA approval. All contract documents shall be subject to EDA approval. 16.5 Be responsible for any damages caused by negligence in design or damages arising from the failure of the Architect/Engineer to perform services in accordance with accepted professional standards. The Architect/Engineer will be required to carry insurance to cover liability for such damages. 16.6 Review any soil tests or boring reports to determine rock excavation or foundation conditions, whether they are requested by the Architect/Engineer or by others paid by the City/HRA of Columbia Heights. 16.7 Attend bid openings, prepare and submit tabulations of bids, and make a recommendation as to contract award. 16.8 Review proof of bidder's qualifications and recommend approval or disapproval. 16.9 Prepare and submit proposed contract change orders when applicable. There shall be no fees charged to the City/HRA of Columbia Heights when the change order is required to correct errors or omissions by the Architect/Engineer. 16.10 Submit a report no less frequently than quarterly to the City/HRA of Columbia Heights covering the general progress of the job and describing any problems or factors contributing to delay. 16.11 Review and approve the contractor's schedule of amounts for contract payment. 16.12 Certify partial payments to the contractor. AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977 . A1A@ . @1977 THE AMERICAN INSTITUTE OF ARCHITECTS, "1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 11 J . "-'" '< ~ A ' 16.13 Recommend that a ten percent (10%) retainage be withheld from all payments ih construction contracts until final acceptance by the City/HRA of Columbia Heights and approval by the EDA Regional Office. (unless State or local law provides otherwise) 16.14 Review and approve Contractor's submission of samples and shop drawings, where applicable. 16.15 Comply with all applicable provisions of the Regulations of the United States Department of Commerce (Part 8 of Subtitle 15 or the Code of Federal Regulations) issued pursuant to the Civil Rights Act of 1964, in regard to nondiscrimination in employment because of race, religion, color, sex or national origin. 16.15 Prepare a set of reproducible record drawings showing significant changes in the i~ork made dudng construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 16.17 The Architect shall visit the jobsite at least once a week during the course of the construction in order to determine the progress of the job. This Agreement entered into as 01 the day and year Ii rst written above. OWNER ARCHITECT Columbia Heights Housing & Redevelopmen}? Authority . /} //) ~' ~.;?//" / Byd~L-~ ~,;~~/ .- David Todd Runyan & Assoc., Inc. Title: Chairman BY '.~ .' )" ..~ /,"- ~ .,' -.'~~l~~' Title: Executive Olrector BY ,1 David T. Runyan - President i (t::,.~ ,,' ----~...". 12 8141-1977 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. THIRTEENTH EDITION. JULY 1977. AIA@ . @1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006