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HomeMy WebLinkAbout2010-031b AMS - Corley, Redfoot, Foley, Inc. - Contract Award for Phase II, Architectural Services Link Government Services Center A �0 TM 1?2w.,1wA1A Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the eighth (8th) day of December in the year of two thousand and nine (2009). (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) This document has important legal consequences. County of Oral-ige Consultation with an attorney ;'asset Management_ and Purchasing Services is encouraged with respect to 131 West Margaret Tine, #301 its completion or modification. Hillsborough, NO 27278 and the Architect: (Name, address and other information) Corley Reelfoot Zack, Inc,. 222 Cloister Court Chapel Bill, NO 27514 For the following Project: (Include detailed description of Project) Phase TL - Joan M. Link, Jr., Bui.lding Renovation: Project inc Myles designing Vne following scope of work: - Roard of (runty Coffaissionfyrs Meeting room and suppart areas (1st level) -- New public toilet (rooms (1st level) - Additional work tiecesary to complete Vie fire suppression system The Owner and Architect agree as follows. AIA Document B151TM—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.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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. §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 responsibility 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 in this Agreement unless otherwise modified by written amendment. §2.6.5 The Architect,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 to check the 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. See A rUiele 12.2. K g §2.6.6 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. §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. AIA Document B151Tm—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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document, 3 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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mail The American Institute of Architects'legal counsel,copyrightgala.org. §2.6,16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such 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. §2.6.17 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 by the Owner as provided in this Agreement,in addition to the compensation 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 to commencing such services.If the Owner deems that such services 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 representation at the site than is described in Section 2.6.5 is required,the Architect shall provide one or more 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 project 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 revisions in drawings,specifications or other documents when such revisions 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. §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. AIA Document B151 TM—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.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. 5 Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. §3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment,or in 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 engineering portions of the Project provided as a part of Basic Services. §3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES §4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria, including space requirements and relationships,flexibility,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 notice 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. §4.3 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 decisions in a timely manner pertaining to documents submitted by the Architect in order to 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 include 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 designated 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. §4.8 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 Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. §4.9 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 in the Architect's Instruments of Service. AIA Document 6151 TM—1997.Copyright @ 1974,1978,1987,and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document, 7 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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. §6.2 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing,using and maintaining the Project,provided that the Owner shall comply with all obligations,including prompt payment of all sums when due,under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license.Upon such termination,the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control.If and upon the date the Architect is adjudged in default of this Agreement,the foregoing license shall be deemed terminated and replaced by a second,nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and,where permitted by law,to make changes,corrections or additions to the Instruments of Service solely for purposes of completing,using and maintaining the Project. §6.3 Except for the licenses granted in Section 6.2,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.However,the Owner shall be permitted to authorize the Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants.The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects,unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. §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 incorporation into the Instruments of Service,the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION §7.1 MEDIATION ,-�may tfC.R . §7.1.1 Any claim,dispute or other matter in question arising out of or 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 party.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. zf kr�2 §7.1.2 The Owner and A,�ebitect shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,-unless-the parties mutually agree ethefwi-se,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 the 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. §7.1.3 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. s QeT�N k.A . §7.2.1 Any claim,d si pute or o e tier rrgae�ising..Qut of o____r related to this AVeeme it,shall-be-subject to arbitration.Prior to arbitration,the parties shall endvo�to r®selve di es y medi°atian imaccardanee with_ Sect' AIA Document B151Tm—1997.Copyright©1974,1978,1987,and 1997 by The American Institute of Architects.All rights reserved.WARNING:This Afe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document, g 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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations.of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. 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 Payment for acts or failures to act occurring after Substantial Completion.In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. §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 may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction,current as of the date of this Agreement.The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. §9.5 The Owner and Architect,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to an institutional lender providing financing for the Project.In such event, the lender shall assume the Owner's rights and obligations under this Agreement.The Architect shall execute all consents reasonably required to facilitate such assignment. §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. §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. §9.9 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 review at least 14 days prior to the requested dates of execution.The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. i AIA Document B151 TM—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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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. 11 Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: §11.1 An Initial Payment of N/A ($ N/A )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 identify phases to which particular methods of compensation apply, if necessary.) Basis of compensation is a Stipulated Sufa -of Sixty-one th::)usand three 'hundred dollars $01,300.00). §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: (Insert additional phases as appropriate.) Schematic Design: percent( %) Design Development Phase: percent( %) Construction Documents Phase: Seventy percent( 70 %) $42,910 Bidding or Negotiation Phase: five percent( 5 %) 3,055 Construction Phase: twenty-five percent( 25 %) 15 L325 , 51,340 Total Basic Compensation one hundred percent( 100.00% ) §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: Principal's Tune: $110/hour Architect's Time: $ 85/hour CADD Tune: $ 55/hour Construction Adaini.stration: $ 75/1nour Ot'rier anployees at a cae of 2.75 times direct hourly wage. AIA Document 8151 TM—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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document, 13 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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terns included in this Agreement.) Sett attached Article 12, page 16. See attachui design proposal letter dated 12/9/09. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT County of Ora Corley Redfpot Zack, Inc. ((Sig ure) ignature) vaip"-p, Kenneth F,. Red oot, AIA, LE€ D AP (PriPrintedname and title) (Printed name and title) CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document B151M—1997.Copyright O 1974,1978,1987,and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document, 15 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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org.