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HomeMy WebLinkAbout03- Comma-Q Architecture Architectural Assessment of Story Mansion Agreement . . , AlA Document B727 - Electronic Format . Standard Form of Agreement Between Owner and Architect for Special Services 1988 Edition TillS DOCUMENT lIAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WIT!I I<ESPEC:T TO ITS COMPLETION OR MODlFIC:ATION. AUTHENTICATION Of TillS ELECTRONIC:ALLY DI<AFTED AlA DOCUMENT MAY BE MADE BY llSING AlA DOCUMENT Ll401. RCOc(Hllfllflldcd for use with OInent editions of standard AlA Agreement forms and dO<;llments. Copyright 1')72. 1')7'). (<) 1')88 by The American Institute of Architccts, 1735 New York Avenuc, N,W" Washington D, C, 20006")2')2. Reproductioll of lhe material herein or suh.stantial nllotation of its provisions wilhout wrillen lJerfllission of the AlA violates the co])vri2htlaws or the United States and will he subkd to Icenl prosfcution, AGREEMENT made as of the Eleventh day of July in the year of Two Thousand- Three BETWEEN the Owner: (Name and address) Citv of Bozeman P,O. Box 640 Bozeman. MT 59771 and the Architect: (Name and addn'ss) Comma-Q Architecture. Inc. P.O. Box 7174 Bozeman. MT 59771 For the following Project: (Include detailed description orProjed, location. address and scope.) Architectural Assessment of the Historic T.B. Story Mansion Assessment of the Mansion Carriage House and Grounds 811 S Willson Ave Bozeman. MT 59715 The Owner and the Architect agree as set forth below. ARTICLE 1 ARCHITECT'S SERVICES (J krc list those services to be provided by the Archikct under the Terms and Conditions of this Agreement. Note unda each service listed the method and meam of wmpcnSJtion to be IIsed, ir applicable, as provided in Article s.) 1 ,Developinq a proiect proqramminq plan that will come out of the Montana Preservation Alliance Workshop of July 12th. 2003 2,Preparing as-built drawings of the Mansion and the Carriage House and the site in its current condition. 3Documenting all of the existing conditions of the buildings (Storv Mansion and the Carriaqe House on site) including but not limited to: existinq mechanical and electrical svstems. existinq structural conditions. existing utility services and capacities. existinq site conditions and qrounds. 4,Preparing all architectural. accessibility. structural. mechanical. electrical. landscape interior conditions reports. 5.PrelJare the checklist for historic buildings in ChalJter 34 of the IBe. Review the checklist and prepare as required. 61dentifv oriqinal condition of the buildinq and outline the modifications from the original date of construction through the present time. 7 Based on the assessed condition of the buildinq. develop a prioritized list of needed improvements with an accompanying cost estimate for those improvements, (9 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C., 20006-5292. AlA DOCUMENT 6727 - OWNER.ARCHITECT AGREEMENT - 1988 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordancl' with your license without viol<:ltion until the date of expiration as noted below. User Document: b727storymansion.aia -- 9/8/2003. AlA License Number 1019000, which expires on 11/8/2003, Electronic Form<:lt 6727-1988 1 . .f I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific OWNER'S RESPONSIBILITIES reference to this Agreement signed by the Owner, Architect and any other person or entity sought to be joined. Consent to 2.1 The Owner shall provide full information regarding arbitration involving an additional person or entity shall nol requirements for the Project. The Owner shall furnish required constitute consent to arbitration of any claim, dispute or other information as expeditiously as necessary for the orderly matter in question not described in the written consent or with progress of the Work, and the Architect shall be entitled to rely a person or entity not named or described therein. The on the accuracy and completeness thereof. foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to 2.2 The Owner shall designate a representative authorized by the parties to this Agreement shall he specifically enforceable to act on the Owner's behalf with respect to the Project. The in accordance with applicable law in any court having Owner or such authorized representative shall render decisions jurisdiction thereof. in a timely manner pertaining to documents submitted by the 4.4 The award rendered by the arbitrator or arbitrators Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. shall be final, and judgment Inay be entered upon it in accordance with applicable law in any court having jurisdiction ARTICLE 3 thereof. USE OF ARCHITECT'S DOCUMENTS ARTICLE 5 3.1 The documents prepared by the Architect for this TERMINATION OR SUSPENSION Project are instruments of the Architect's service for use solely 5.1 This Agreement may be terminated by either party with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and upon not less than seven days' written notice should the other shall retain all common law, statutory and other reserved rights, party filii substantially to perform in accordance with the terms including the copyright. The Owner shall he permitted to of this Agreement through no fault of the party initiating the retain copies, including reproducible copies, of the Architect's termination. docUlllents for the Owner's information, reference and use in comwction with the Project. The Architect's documents shall 5.2 If the Owner fails to make payment when due the not be used by the Owner or others on other projects, for Architect for services and expenses, the Architect may, upon additions to this Project or for completion of this Project by seven days' written notice to the Owner, suspend performance others, unless the Architect is adjudged to be in default under of services under this Agreement. Unless payment in full is this Agreement, except by agreement in writing and with received by the Architect within seven days of the date of the appropriate compensation to the Architect. notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have ARTICLE 4 no liability to the Owner for delay or damage caused the Owner ARBITRA TION because of such suspension of services. 4.1 Claims, disputes or other matters in lIuestion between 5.3 In the event of termination not the faull of the the parties to this Agreement arising out of or relating to this Architect, the Architect shall be compensated for services Agreement or breach thereof shall be subject to and decided by performed prior to termination, together with I{eimbursable arbitration in accordance with the Construction Industry Expenses then due and all Termination Expenses as defined in Arbitration Rules of the American Arbitration Association Paragraph .5.4. currently in effect unless the parties mutually agree otherwise. 5.4 'J'ermination Expenses shall be computed as a 4.2 A demand for arbitration shall be made within a percentage of the compensation earned to the time of reasonable lime after the claim, dispute or other matter in termination, as follows: question has arisen. In no event shall the demand for .1 for services provided on the basis of a multiple of arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other Direct Personnel Expense, 20 percent of the total mailer in question would be barred by the applicable statutes of Direct Personnel Expense incurred to the time of lirnitations. termination; and 4.3 No arbitration ansll1g out of or relating to this Agreement shall include, by consolidation, joinder or in any @ 1988 - THE AMERtCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C., 20006-5292. ALA DOCUMENT B727 _ OWNER-ARCHITECT AGREEMENT - 1988 EDITION ~ AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the ALA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b727storymansion.aia -- 9/8/2003. AlA License Number 1019000, which expires on 11/8/2003. Electronic Format B727.1988 2 . , . .2 For services provided on the basis of a stipulated sum, leave, holidays, vacations, pensions, and similar contributions 10 percent of the stipulated sum earned to the time of and benefits. J termination. REIMBURSABLE EXPENSES ARTICLE 6 MISCELLANEOUS PROVISIONS Reimbursable Expenses are in addition t ArcllI 'd's compensation and include expenses incune by the 6.1 Unless otherwise provided, this Agreement shall be Archite t and Architect's employees and consultm s in the governed by the law of the principal place of business of the interest 0 the Project for: Architect. .1 exp 1se of transportation and livin expenses in 6.2 Causes of action between the parties to this conn tion with out-of-town travel < thorized by the Agreement pertaining to acts or failures to act shall be deemed Owner; to have accrued and the applicable statute of limitations shall .2 commence to run not later than the date payment is due the Architect pursuant to Paragraph 8-4. .3 al of authorities having 6.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the .4 reproductions; partners, successors, assigns and legal representatives of such .5 other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. .6 higher than 6.4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all .7 prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by .8 expen of additional coverage or Ii lits, including written instrument signed by both Owner and Architect. prof ssional liability insurance, rel! u .t ed by the o ner in excess of that normally car - d by the 6.5 Nothing contained in this Agreement shall create a chitect and the Architect's consultants; all( contractual relationship with or a cause of action in favor of a third party against eithn the Owner or Architect. Expense of computer-aided design and dr /ling equipment time when used in connection with he 6.6 Unless otherwise provided in this Agreement, the Project. Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or 7.3 PAYMENTS ON ACCOUNT OF THE disposal of or exposure of persons to hazardous materials in any ARCHITECT'S SERVICES form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other 7.3.1 Payments on account of the Architect's snvices and toxic substances. for Reimbursable Expenses shall be made monthly upon ARTICLE 7 presentation of the Architect's statement of services rendered or PAYMENTS TO THE ARCHITECT as otherwise provided in this Agreement. 7.3.2 An initial payment as set forth in Paragraph R.I is the 7.1 DIRECT PERSONNEL EXPENSE minimum payment under this Agreement. 7.1.1 Direct Personnel Expense is defined as the direct 7.4 ARCHITECT'S ACCOUNTING RECORDS salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary 7.4.1 Records of Reimbursable Expenses and expenses contributions and benellts related thereto, such as employment pertaining to services performed. on the basis of a multiple of taxes and olher statutory employee benefits, insurance, sick Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION (Q 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUI:, NW., WASHINGTON, D,C., 20006-5292, ALA DOCUMENT B727 . OWNER.ARCHITECT AGREEMENT - 1988 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, This document was electronically produced with permission of the ALA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, User Document: b727storymansion,aia .- 9/8/2003, AlA License Number 1019000, which expires on 11/8/2003, Electronic Format B727-1988 3 ~ . .' - . The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF zero Dollars ($ Q ) shall be made upon execution of this Agreement and credited to the Owner's ,\ account at final payment. 8.2 C:OMI'ENSA'T'ION fOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows: (Insert basis of (COmpensation, including stipulated surns lllultiples or percentages. and identify the services to which particular mcthods of compcnsation apply, if necessary. ) Stipulated sum of Fiftv Two Thousand Two Hundred Fifty and 00/100 ($52. 250.00) 8.3 as described in Article 7, and IC e 9 as Reimbu ble Expenses, a multiple of ( > > > ees and consultants in the interest of the 8.4 Payments are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 ) days afi.er the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Mchitect. (Insert rale ofinkrt'st agreed upon.) (Usury laws and requirements under the redcral Truth in Lcnding Act, similar state and local conSUmer credit laws and other ft'gulations at the Owner's and Architect's principal places of business. the location of the Project and elsewhere may afkctthe validity of this provision. Specillc legal advice should be obtained with respt.ct to deletions or modiliciltions. and also regarding other requirements such as written disclosure., or waivers,) 8.5 If THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS This Agreement entered into as of the day and year first wrillen above. OWNER ARCHITECT ~ j ~ (Signature) (Signature) Ben Lloyd I President/Architect L...L,d.:a.~ ...t. '>=-'^ ~ I C '~i ~A-b\~ Comma-Q Architecture. Inc. (Printed name and title) (Print,,,i name and titk) @ 1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C., 20006-5292. AlA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b727storymansion.aia -- 9/8/2003. AlA License Number 1019000, which expires on 11/8/2003. Electronic Format B727-1988 4