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