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HomeMy WebLinkAbout02- Overland Partners and Library Standard Form of Agreement 1997 Edition - Electronic Format - AlA Document B 141 - 1997 Standard Form of Agreement Between Owner and Architect wjtl1 Standard Fornl of ArcJll'tect 5 Services This document has important leg<J1 consequences. Consultation with an T ABLE OF ARTICLES <Jttorney is encouraged with respect to its completion or modification. 1.1 INITIAL INFORMATION AUTHENTlCA TlON OF THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING 1.2 RESPONSIBILITIES OF THE PARTIES AlA DOCUMENT 0401. 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the Twenty-first day of June in the year Two Thousand and Two (III words, Jll<fica/e day, mon/h and YCi/J) ~ETWEEN the Architect's client identified as the Owner: liIl]]e, dddrcs;" dnd o/!wr Jl/li>ml.'1tioll) __pzeman Public Library 220 East Lam!lJJL$tr~_e.t Bozeman. Montana 59715 and the Architect: (!ill]]e, dddre.\s dlld II/her ili/hr]]w/ioli) Overland Partners Inc. 612 East Main Str.El~t,SuiteA Bozeman~_MQntgna 59715 - For the following Project: II (Include dc/ailed dcsoil'tion olProject) ..... ,'" ......~.....- Th~new Bozeman Public Library to be located at the City_QfBQ?;~mqn_p[QpertY_Qo.lhe_ south sidELQtEast Main Street located iust west of and adiacent to Lindley Park. The ....-. ........;,...... - proie_ct is programmed at approximately 49.000 qross squareJoot asdelineatedio_the_ Owner's. Needs Assessment and Building Proqram. @ 1997 AIA@ AlA DOCUMENT B141 - 1997 The Owner and Architect agree as follows. STANDARD FORM AGREEMENT The American Institute of Architects ARTICLE 1.1 INITIAL INFORMATION 1735 New York Avenue NW. 1.1.1 This Agreement is based on the following information and assumptions. Washington, D,C. 20006-5292 (Note the di'posi/ion /br /hc /()I!OWll1g i/ems by Jl7.\'("~1inf! tlI<:' /lXllIcstcd Jlllim]]dtion or d sl:1"'1I1('lIt sllch ilS '11Ot applicable," '/l11known ilt time Oh'XCClltioll" or '[0 hc de/ermincd later I~v mutual "8ft'cm,'n/. "I Not applicabl~_._ (Q 1917, 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966, 1967, 1970, 1974, 1977, 1987, (Q 1997 by The American ..stitute of Architects. Reproduction of the material herein or substantial quotation of its provisions thout written permission of the AlA violates the copyright laws of the United States and will subject the iolator to legal prosecution. 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_ expiration as noted below. User Docurnent: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 1 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: . (JdCIl/il}.' or desoibe, ifdl'l'rol'lid/e, I'ruposed lise or gOd II) 6$__Qescribedjnthe..bJeeds Assessment and Building Program. which is dated March 1999. a_odW8sprep_aLed_by David :R. Smith_ 1.1.2.2 The physical parameters are: (IdentIfy ur describe, ililppropriilte, .\"lie, louilio/J, dime/Jsio!l.l~ or o/h,'I' per/il7t'n/ inliJ/'/lw/ion, sllch us geo/ec!micul reports abull I Ibe sile.) As described in the Needs Assessmer1tarH:tBLJilding_EmgCgOJ,.WhJcb__is,dgle~LMgrch_ 1999. and was prepared by David R. Smith. 1.1.2.3 The Owner's Program is: This document has important legal (lden/ify doelll1Jen/d/ion or stdte the ll)allller in wbich Ihe program will be developed) conseql.lences. Con5l)/tation with an A~Jte_scribedjnJhe_Ne~ds Assessment and Building Program. which is dated March attorney is encouraged with respect to .1999,aud._was prepared by David R. Smith_ its completion or modification. AUTHENTICATION OF THIS 1.1.2.4 The legal parameters are: ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING (Menlil}' perliilt!llllt:gal inliJT/milion, filc!lIding. ifuppropriu/e, liind .I'll/vel's dnd kgdi desoip/ions ulld res/lie/iom of AlA DOCUMENT 0401. /he si/e.) It1e new Bozeman Public Library will comply with the zoning requirements for the City of Bozeman, Montana. 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: _lJEd,etermined at this time and will be determined later by mutual consent with the Owner. .2 Amount of the Owner's budget for the Cost of the Work, excluding lhe Arcbitect's compensation, is:_$L31.LQQO for buildin9_QillLsHe, cQ.sJ~,---ancL $980.000 for the Furnishinqs and Equipment costs. . 1.1.2.6 The time parameters are: (Identily, i(ilppropriale, rmJes/ofle dalel; dunilio!l.I' or filS! Imck schedllhilg.) The Proqram Verification and Site AO?Jy.sJs,Eha_se$Jo CQOlOJence in J.l,lDe,2.Q02_with the Construction Documents Phase_b_ei09,compJeled by AlJgust5. 2003_,__Tl1e_ beginning of the construction shall be determined Igter,bYJTlutual,_coO$~nt withtbJt. Owner_ This schedule assumes timeIVJgspon.sg$_~JJd_noWQrk__stoppage_sJliJl1e_ Owner during the non-construction phases of the Proiect. 1.1.2.7 The proposed procurement or delivery method for the Project is: - (Idenli~j.' me/hod such as compelilive bid lJego/rilltd con/mc/. orcons/rl/c/ion millwgemen/.) - Competitive bid or CM at Risk. to be deJermineQJat~LbYJ:rlutuaIQQmH')nt withJb_tl.. II Owner., ... ," ...~ ..... 1.1.2.8 Other parameters are: ...... . - ..... ... ....... .... (iden/ify sl'euili c/lilrilC/('li,.tks or need. or the Projecl sllch as energy, environmenlal or In:,"foric preservation - retjllirernerlls.) The proiect shall be desiqn~qJQ^ggl1.it;;!)Le..lL_L_E_E.DJ..9ting commeosurat.e....witbJillL @ 1997 AIA@ Proiect Budget if and when the Owner gbt.e.~_Jb_e__~rc.bH~c~ notice-JQ:PLQceed witbJb.e.... AlA DOCUMENT B141 - 1997 Additional Services described in Paragraph A.2.4 of Attachment NO.2. The STANDARD FORM AGREEMENT m$tQrgUQJl of the historic Milwaukee Depot will be studied as part of this proiect. The American Institute of Architects 1.1.3 PROJECT TEAM 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.1.3.1 The Owner's Designated Representative is: (hI"! nanle, addre.I:I' and olher in/i)f'lllu/ion.) City of Bozeman <9 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <9 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will I.Ibject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 2 Jame.s. Goehrung 20_E.q.st Olive . Bozeman, Montan;35971..5. 1.1.3.2 The persons or entities, in addition to tbe Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (LI:<I nilme, address ami ot/ierin/imll.'ltioll.) 8m:eman Public Library Alice Meister 220 East Lamme Bozeman, Montana 59715. Library Board of Trustees This dowment has important legal Brenda Davis. Chair consequences. Consultation with an 220 East Lamme attorney is encouraged with respect to its completion or modification. Bozeman, Montana 59715 AUTHENTICATION OF THIS ELECTRON/CALL Y DRAFTED AlA 1.1.3 .3 The Owner's other consultants and contractors are: DOCUMENTMAYBEMADEBYU~NG (List disdpline :11)(1, i/knowlI, Identify them by /Jilme iIl](i ilddnx<.) AlA DOCUMENT 040/. David R. Smith. Library Consultant 130 Holly Road Hopkins. Minnesota 5534J 1.1.3.4 The Architect's Designated Representative is: (List nilme, addn'Ss '1IId other li,limllaliOlI.) Mark B. Headley, AlA Q)ler.land Partners Inc.. Principal-in-Charqe 612 E<:!~t Main Street. Suite A Bozeman. MontanJt,(.l9lJ.5. 1.1.3.5 The consultants retained at the Arcbitect's expense are: . (1.1:'.1 ,11:'.o"1'lilll: a/l(1, i/kllown. identify Ihem by nilme ilnd ilddress.) Library Desiqn Consultant J oh n stoO_.P.rch itects 3503 NE 45th StreelL$.1l1te 2 Seattle, Washinqton 98105 Civil and Structural Engineering Allied Engineering Services. Inc. 32DiscQvery..Drive BozemaoLMQnJana 59718 II,!!!!!!!!I Mec.banical and Electrical Engineering - Associated Construction Engineering. Inc. -.., ,.- ....~ I.... 12 North Broadway ..."'. . - . 11.- . ,.... ... Belgrade, Montana 59714 - @ 1997 AIM) Landscape Architect and Site Oesiqn AlA DOCUMENT B141 - 1997 Design Workshop STANDARD FORM AGREEMENT ~JL!;qst Broadway, 3rd Floor The American Institute of Architects Jackson, Wyominq 83002 1735 New York Avenue NW. Interior Design Washington, D.C. 20006-5292 Laura A. Fedro Interiors 40 East Main. Suite 4 @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~thout written permission of the AlA violates the copyright laws of the United Stiltes ilnd will subject the :Jlator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ubject the violator to legal prosecution. This document was electronically produced with permission of the AlA ilnd can be reproduced in accordance with your license without violation until the date of expiration as noted below. expirillion as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 3 Bozeman. Montan<;ti5J:.lLt5 Cost Estimation BU$J:>Y.& Associates. Inc. . 2470 Gray F(3II$,.Suite_250 Houston. Te~as n077 1.1.4 Other important initial information is: Not applicable, 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AlA Document This document has important legal A20l current as of the date of this Agreernent, or as follows: consequenccs. Consultation with an attorney is encouraged with respect to 1.1.6 The information contained in this Article 1.I may be reasonably relied upon by the its completion or modification. Owner and Architect in determining the Architect's compensation. Hoth parties, however, AUTHENTICATION OF THIS recognize that such information may change and, in that event, the Owner and the Architect ELECTRON/CALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING shall negotiate appropriate adjustments in schedule, compensation and Change in Services in AlA DOCUMENT 0401. accordance with Paragraph 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within l5 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. . 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified 1Il Paragraph 1.1.3 shall be authorized to ael on the Owner's behalf with respect to the Project. The Owner or the Owner's . Designated Representative shall render decisions in a timely manner pertaining to documents submiued by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. .... ," .,..:~ i.... --.. .,........- 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in - Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such C0 1997 AIA@ services are requested by the Architect and are rt~asonably required by the scope of the Project. AlA DOCUMENT B141 - 1997 1.2.2.5 Unless otherwise provided this Agreement, the Owner shall furnish tests, STANDARD FORM AGREEMENT rn inspections and reports required by Jaw or the Contract Documents, such as structural, The American Institute of Architects mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous 1735 New York Avenue N.W. materials. Washington, D.C. 20006.5292 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing servict~s, that lllay be reasonably necessary at any time for the Project to meet the Owner's needs and interests. @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions tlithout written permission of the AlA violates the copyright laws of the United States and will subject the olator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will . ubject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on ll/30/2oo2. 4 1.2.2.7 The Owner shall provide prompt wriuennotice 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. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's ernployees and Architect's consultants shall be as enumerated in Article I.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be This document has important legal adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for consequences. Consultation with an periods of time required for the Owner's review, for the performance of the Owner's attorney is encouraged with respect to consultants, and for approval of submissions by authorities having jurisdiction over the Project. its completion or modification. Time limits established by this schedule approved by the Owner shall not, except for reasonable AUTHENTlCA TlON OF TH/S cause, be exceeded by the Architect or Owner. The maior milestones for the non- ELECTRON/CALL Y DRAFTED A/A construction phases to b~_.~~UQUows: Site Analysis and Program Verification to be DOCUMENTMAYBEMADEBYU~NG completed by August 5. 2002. Concept.Design to be completed by October 7. 2002. A/A DOCUMENT 0401. Schematic Design to be completed bY.December 2. 2002. Design Development to be completed by March 3, 2003. an_Q Construction Documents to be completed by August 5. 2003. The Biddinq/Neqoti<;3tion Phase and the Contract Administration Phase to be determined at a later date by mutual consent with the Owner. This schedule assume~~Ulrnely responses and no work stoppages by the Owner during the non-construction P.tli3$~$ of the Proiect. The proposed schedule is contingent upon the Owner qivinq tb~~8r!;;hitect notice-to-proceed with an executed contract by June 14, 2002. and comgJE:ln09 their review of all maior submittals within two weeks except for the Construction DocumeJJts submittal. which shall be completed within three weeks. . 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. T'he Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. - 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any II activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professionaljudgrm~nt with respect to this Project. ..., I" ..:l1 ..... ...... . - ..... .. .....ll ... 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's - services. The Architect shall respond in the design of the Project to requirements imposed by @ 1997 AIA@ governmental authorities having jurisdiction over the Project. AlA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt wriuen notice to The American Institute of Architects the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such 1735 New York Avenue NW. services or information. Wilshington, D.C 20006-5292 ARTICLE 1.3 TERMS AND CONDITIONS ~ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ~ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photOCOPYing Violates U,S. COPYright laws and will bject 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 dilte of expiriltion as noted below. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 5 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the exlenL Lhe Project is not . completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current markeL raLes of labor and materials whether or not furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. This dowment has important legal 1.3.1.3 l'he Cost of the Work does not include the compensation of the Architect and the consequences. Consultation with an attorney is encouraged with respect to Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are its completion or modification. the responsibility of the Owner. AUTHENTICATION OF TH/S ELECTRON/CALL Y DRAFTED A/A 1.3.2 INSTRUMENTS OF SERVICE DOCUMENTMAYBEMADEBYU~NG 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, A/A DOCUMENT 0401. prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 1.3.2.2 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 AgreemenL, 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 pt.~rmitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, 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 II 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 .... ," ""1 ,....... reproduce applicable portions of the Instruments of Service appropriate Lo and for llse in their ....................... execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of - Instruments of Service to meet official regulatory requirements or for similar purposes in o 1997 AIA@ connection with the Project is not to be construed as publication in derogation of the reserved AlA DOCUMENT B141 - 1997 rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments STANDARD FORM AGREEMENT 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. The American Institute of Architects Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and 1735 New York Avenue NW. without liability to the Architect and the Architect's consultants. Washington, D.C. 20006-5292 1.3.2.4 Prior to the Architect providing Lo the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the el 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, el 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ,-hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ubject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on ll/30/2oo2. 6 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 AgreemeIlt. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the AgreenleIlt, if mutually agreed in writing, if required by circurnstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.}."~.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not n:quired, the Owner shall give prompt written notice to the Architect, and the Architect shall have no This dowment has important legal obligation to provide those services. Except for a change due to the fault of the Architect, Change 1Il Services of the Architect shall entitle the Architect to an adjustment 111 consequences Consultation with an compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in attorney is encouraged with respect to Subparagraph 1.}.9.2 and Paragraph 1-.5.5. its completion or modification. AUTHENTlCA TlON OF THIS 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the ELECTRON/CALL Y DRAFTED AlA DOCUMENTMAY8EMADE8YU~NG Architect shall be entitled to an appropriate adjustment in the Architect's schedule and AlA DOCUMENT 0401. compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or conlTactors; .6 preparation for and attendance at a public hearing, a dispute resolution . proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question ansll1g out of or related to this Agret.~ment 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, - 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters II in question between them by mediation which, unless the parties mutually agree otherwise, .... .... "..~ I'...... shall be in accordance with the Construction Industry Mediation Rules of the American ....//J. . _ .11I..... Arbitration Association currently in effect. Request for mediation shall be filed in writing with .......11.... - 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, @ 1997 AIA@ mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall AlA DOCUMENT B141 - 1997 be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a STANDARD FORM AGREEMENT longer period by agreement of the parties or court order. The American Institute of Architects 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation 1735 New York Avenue N.W. shall be held in the place where the Project is located, unless another location is mutually Washington, D..C. 20006-5292 agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. <<:l 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <<:l 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U .5. copyright laws and will bject 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. expiration as noted below. User Docurnent: b141-opi.aia -- 6/21/2002. AlA License Nurnber 1001042, which expires on 11/30/2002. 7 1.3.5 ARBITRA TlON . 1.3.5.1 Any claim, dispute or other matter in question ar!Slng out of or related to this Agreement shall: may be subject Lo arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3-4. 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. This dowment has important legal 1.3.5.3 A demand request for arbitration shall be made within a reasonable time alter the consequences. Consultation with an attorney is encouraged with respect to claim, dispute or other matter in question has arisen. In no event shall the demand @qlJ~&for its completion or modification. arbitration be made alter the date when institution of legal or equitable proceedings based on AUTHENTlCA TlON OF THIS such claim, dispute or other matter in question would be barred by the applicable statute of ELECTRONICALL Y DRAFTED AlA limiLations. DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. 1.3.5.4 No arbitration ansmg out of or relaLing Lo this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitraLion involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or enLiLy not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or enLity duly consented Lo by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction Lhereof. . 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEOUENTlAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS I!!!!!!' 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the j\rchitect Owner, unless otherwise provided in Paragraph 1.4.2. II '" ,"" 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA ....~ ,...... .......~....;...... Document AZUl, General Conditions of the Contract for Construction, current as of the date of - this Agreement. ee) 1997 AIA@ 1.3.7.3 Causes of action between the pm1ies to this Agreement pertaining to acts or failures to AlA DOCUMENT 8141 - 1997 act shall be deemed to have accrued and the applicable statutes of limitations shall commence STANDARD FORM AGREEMENT to run not later than either the date of Substantial Completion for acts or failures to act The American Institute of Architects occurring prior to Substantial Completion or the date of issuance of the final Certificate for 1735 New York Avenue N.W. Payment for acts or failures to act occurring after Substantial Completion. In no event shall Washington, D.C. 20006-5292 such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. (9 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974. 1977, 1987, iD 1997 by The AmerlGm Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~hout written permission of the AlA violate~ the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photOCOPYing violates U.S. COPYright laws and will bject the violator to legal prosecution. This document was electronically produced with permission of the AlA <'jnd can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: b141-opi.aia .- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 8 1.3.7.4 Tutlte -eft€itI- damages -are covered -By --rmret-iyinsllrant;e -t~ construction, -+he- GWHef -anti- -+he j\rchitect --wai-ve -all -Hghts -ag-ainst -eaffi --el-ltef -anti- -agaiHst- -+fie contractors,- . wnsultants, --agettts -anti- em pi oyees -ef -the .othef-W -d amag cs, ~ --s-H€fl-flgltt-s -as -they --fIt-aJ'- fuwe -+e -+he proceeds -ef--stKhinsuri\-fi€e --as -set- --feflfi -ffi +lte -eJi.t.iett -ef-AI-A ~let1t- -Awt,- Cencral C ol1(~iti 0 ns--e1-'-t+1e-bOnthlft-fflf Cons truc tion, cu rre n t -as-ef-+he-tl-at-e--e1-4-hi-s-Agreemenh- ~--G-wt1ef-Bf-t-he-ARhitect;--as appropriate,-sfl.all require of the contractors,~nts;.agents. and employees of any of them similar waivers in favor of the other paliies.enufl-lt'fatetJ-herein, 1.3.7.5 Nothing contained in this Agreement shall create a wntradllal relationship with or a cause of action in favor of a third party against either the Owner or Archited. 1.3.7.6 Unless otherwise provided III this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or This document has important legal disposal of or exposure of persons to hazardous materials or toxic substances in any form at the consequences. Consultation with an Project site. attorney is encouraged with respect to its completion or modification. AUTHENTlCA TlON OF THIS 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of ELE CTRONICALL Y DRAFTED AlA the design of the Project among the Architect's promotional and professional materials. The DOCUMENT MA Y BE MADE BY USING Architect shall be gIVen reasonable access to the completed Projed to make such AlA DOCUMENT 0401. 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. 1.3.7.8 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. . 1.3.7.9 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 resped to all covenants of this Agreement. Neither the Owner nor tbe Architect shall assign this Agreement without the written wnsent 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. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this II!!!!!!!!!I Agreement, such failure shall be wnsidered substantial nonperformance and cause for ~-~ termination or, at the Archited's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give Seve-R fifteen days' written notice to the Owner. In the event of a --.. ................. suspension of services, the Architect shall have no liability to the Owner for delay or damage - caused the Owner because of such suspension of services. Before resuming services, the o 1997 AIA@ Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining AlA DOCUMENT B141- 1997 services and the time schedules shall be equitably adjusted. STANDARD FORM AGREEMENT The American Institute of Architects 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the 1735 New York Avenue N.W. Architect shall be compensated for services performed prior Lo notice of such suspension. Washington, DC 20006-5292 When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions <<hout written permission of the ALA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ubject 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. expiration as noted below. User Document: b141-opi aia .. 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 9 ----.------..--- 1.3.8.3 Tr the Project is suspended or the Architect's services are suspended for more than 90 . consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than sevefl fifteen days' wrillen notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days , written notice to the Architect for the Owner's convenience and without cause. 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be This document has important legal consequences. COllsultatioll with all compensated for services performed prior to termination, together with Reimbursable Expenses attorney is encouraged with respect to then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. its completioll or modification. AUTHENTICATION OF THIS 1.3.8.7 Termination Expenses are in addition to compensation for the services of the ELECTRON/CALL Y DRAFTED AlA Agreement and include expenses directly attributable to termination for which the Architect is DOCUMENT MA Y BE MADE BY USING not otherwise compensated, plus an amount for the Architect's anticipated profit on the value AlA DOCUMENT 0401. of the services not performed by the Architect. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services . and include expenses incurred by the Architect and Architect's employees and consultants direclly related to the Project if apprp-,{~d in advance by the Owner, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock"ups requested by the Owner; - .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in It excess of that normally carried by the Architect and the Architect's consultants; .... ," ...... ......... .7 reimbursable expenses as designated in Paragraph 1.5,5; ...... ' ~ . "..,. .. ....... .... .8 other similar direct Project related expenditures. - o 1997 AIA(R) 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and AlA DOCUMENT B141 - 1997 of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense STANDARD FORM AGREEMENT shall be available to the Owner or the Owner's authorized representative at mutually convenient times. The American Institute of Architects 1735 New York Avenue NW. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel Washington, D.C. 20006-5292 engaged on the Project and the pOliion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory <9 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, 1987, <9 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will bject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 10 employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. eRTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represt~nts 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 wrilten instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B141- 1997. This document has important legal 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA consequences. Consultation with an attorney is encouraged with respect to Document B141-1997, OhlS.follewso its mmpletion or modificiltion. (Ll~'1 olher docu111enls, i{:;ny, delilll:atin!J Architect:" scope ofsClvices.) AUTHENTfCA TfON OF THIS ELE CTRONICALL Y DRAFTED AlA 1.4.1.3 Other documents as follows: DOCU/VIENT /VIA Y BE MADE BY USING (Ll~'1 olher dOCU111<'l/ls, i{:my, /imlllilg pari oflhe Agl't'e111ent.) AlA DOCUMENT 040/. AlA Document A201. General Conditioos of the Contract for Construction, current as of the date of this Agreement. 9.ee Articles 1.1.5 and 2,6.1.1. Attachment No.1, which includes the Architect and Engineer Hourly Rate Schedules. 6tti3clJ.l1lent NO.2, which describes other Addi1io_Qi31 Services that may be requested bv the_Owner. 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: e 1.4.2.1 The Architect. Ci\{il Engineer. Structural Engineer. Mechanical Enqineer and Electrical Engineer shall carry Professional Liability Insurance (PL) and Commercial .LIi3bility Insurance (CGL) Insurance in not lessJbEl.D the amounts shown below: Qi$cipUne PL-per claim PL-ann. agg. ._G.GL-peLclaim CGL-ann. agg. Arch itect $1.000.000 $1 ,OOOJ)OO._ $1.000.000 $2.000.000 rivil Engineer $1.000.000 $1 ,000"000.. $1.000,000 $2.000.000 Stn.tcJural Eng. $1.000,000 $1 ,OOO,OOQ.... $1.000,000 $2.000.000 MechanjcElLE..ng. $1,000.000 $1,000.000 $1 ,QQO.009..........$2,QOO,00Q '!!!!!'!!' 1;1e.~JrJcal Eng. $1,000.000 $1,000.000 ___$1.000,000 $2.000.000 ~_. ....1 I..... A certificate of insurance as evidence of coveraqe willpe.r.e.quIIe.d_ from each firm and ......;,.,........- - submitted to the City. The City of Bozemcm.wiUbe named as Additional Insured. The (<) 1997 AIA@ City will be provided with certificates ofJQsurance with a 30 day notice of cancellation. AlA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT 1.4.2.2 The Desiqn Profe~$Ional agrees, to the fullest extent permitted by law. to The American Institute of Architects indemnify. defend and hold the Client harmless from damages and losses arising 1735 New York Avenue N.W. from the negligent acts. errors or omissior:u;9fJ.he Design Professional in the Washington, D.C. 20006-5292 performance of Professional services under Ibj~Agreement. to the extent that the Q~sjgn Professional is responsible for such damaqes_.;;m~:Lloss~~.Qn_g cOrTJQ..arative basis of fault Qndre.sPQJ1Sibility between the Design Professional and the Client or any @ 1917, 1926, 1948, 1951, 19S3, 19S8, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions tlithout written permission of the AlA violates the copyright laws of the United States and will subject the Jlator to legal prosecution. WARNING: Unlicensed photOCOPYing violates U.S. coPYright laws and will ubject 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 viol,ltion until the date of expiration as noted below. expiration as noted below. User Document: b141-opi,aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 11 other persons havinq fault OLre$PQnsibility. The Design Professional is not obligated LQ.indemnify the Client for the Client's own neqliqen<:;e.9r.tb~JJ!ill![g~m,~.9J.QnY_QtbJ~L person havinq .L<:!\J.lLpUfisponsibilty. . The Client agrees. to the fullest extent pexmittedbyJaw.JQ_indemnifY._defend. and holdJheDe.sign Professional harmless from any damaqe, liability or cost (includinq re<:!.$QOable attorney's fees and costs of defense) to the extent caused by the (JLent's negligent acts. errors or omiss.jpnsand those of his or her contractors. subcontractors or consultants or anyone"for..wbQm the Client isJegally liable->---and Qfjsingjrom the proiect that is the subiect of this Aqreement. The Desiqn Professional is not obliqated.Jpindemnify the Client in any manner whatsoever for the Client's own negligence. This document has important legal consequences. Consultation with an 1.4.2.3 Services p[Qyided.by the Design Professional under this Agreement will be attorney is encouraged with respect to its completion or modification. performed in a manner consis.teDLwJlh that degree of care and skill ordinarily AUTHENTlCA TlON OF THIS exercised by memQgl~LQLtbe same profession currently practicing under similar ELECTRON/CALL Y DRAFTED A/A circumstances. Upon notiGl:!JQJhe Design Professional and by mutual agreement DOCUMENTMAYBEMADEBYU~NG between the partie.S.,Jh.ePesign Professional will correct the Construction Documents A/A DOCUMENT 0401. not meetinq such .<;L$timc:Iard without additional compensation. 1.4.2.4 No waiver of any breach of anyone of the.~<:mr.e.ement~,.JeJmS, conditiQmLQL COVe...Dimts of this agreement by the Owner or Architect shall be deemed to imply or .Q..Q.D.s.titute a waiver of any other agreement. term. condition or covenant of this ggreement. The failure of any party to insist on strict performance of any agreement. term. condition or covenantt herein set forth. shall ngt constitute or be constrL)ed as a waiver of the rights of any party thereafterJ9_e.Dfprce any otheLdefau!t~Qts.klg!L agreement. term, condition. or covenqnt: neither shall such failure to insist upon strict performance be deemed suffici.~mlgr.ounds to enable any party to forego or subvert or otherwise disregard any other aqreement. term. condition or covenant of this Agreement. . 1.4.2.5 If in any instance any provision hereof sb.aJJ be..Q.e.termine,d.JoJ!!'tjnvalid.QL unenforceable under any applicable law. such provision shall not apply in such instances. but the remaining provisions shall be qiven effect in accordance with their terms,- 1.4.2.6 Any notices required or permitted.J.mder this Agreement or which any party - elects to give shall be in writinq and delivered either personally or to intended II recipient's authorized aqent set forth betoY'l.(or as changed by written noti.c..et.ill....bY- depositing such notice with the Unite~LStates Postal Service, postage fully prepaid. to ..., ," "W'j i..... the person at the address set forth below; by Certified Mail. return receipt reQuested: , ....". . ~ ..... . ..... ... or to such other address as the parties maYJaleLdesignate in)yriHog...,AnY_Dotice_ - given by mail as herein provided shall bl:!..dl:!l:!med given when deposite_dJnJbe Unit.ed.. @ 1997 AIA@ States mail: AlA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT Owner: City of Bozeman The American Institute of Architects Attn: James Goehrunq 173S New York Avenue N.W. P.O. Box 1230 Washington, D.C. 20006-5292 Bozeman. Montana 59771 Architect: Overland Partners Inc. 612 East Main Street. Suite A Bozeman. Montana 59715 <<> 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <<> 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions _hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.5. copyright laws and will ubject the violator to legal prosecution. This document was electronically produced with permission of the AlA and c;]n be reproduced in accordance with your license without violation until the date of expiration as noted below. expir<Jtion as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on ll/30/2oo2. 12 1.4.2.7 This Agm~m~nt may be executed in several counterparts. and each such counterpart shall be deem~d an original. . 1.4.2.8 In t1W_,~y'.~[1t any party files suit to enforce their riqhts under this Aqreement. the prevailinq party shall be.,entitled to recover their costs and attorney's fees, to include fees. costs, and SglClJY.Q.fjn-house counsel. from the other party or parties. in addition to any other damages awardecj.PYJOJLGQUJ.t. It is und.erstood and agreed that QDY-_sJJit filed to interpret or enforce any of the provisiQDS,.QfJoj~_AgUmmelJts.hall be_ filed in the 18th Judicial District Court _Qf the State of Montana. This document has important legal 1.4.2.9 Basic Services sh.gJLinclude: POST CONSTRUCTION PHASE. The Architect consequences. Consultation with an shall review the Proiect approximatelY- eleven months after Substantial Completion attorney is encouraged with respect to and shall prepare and trar]smit to the Owner a written report based on that review its completion or modification. AUTHENTlCA TlON OF THIS listing any items not in accordance W.ith the contract documents. ELECTRON/CALL Y DRAFTED AlA DOCUMENTMAYBEMADEBYU~NG ARTICLE 1.5 COMPENSA liON AlA DOCUMENT 0401. 1.5.1 For the Architect's services as described under Article 1.4, compensaLion shall be computed as follows: Ten percent (10%) of the budget for the Cost of the Work as defined in Article 1.3.1. Progress payments for Architect's Services in each phase shall total the following percentage~ of the total compensation payable: Schematic Design: fifteen percenttl~_<Y0--___~~,_$J,QJ!J?q5 __ Design Development: twenty percent (20%) $146,22.0 Construction Documents: forty percent {4~____ $292.440 Bidding or Negotiation: five percent ( Q,OfQ}.___.,.....__.. $_3_6.0.55 _...._.Contract Administration: twenty percent (20%) $146.22Q . Total Compensation: .",_ one hundred percent (100%) $731 ,100 Total Compensation shall be $731.1 00 bg~ed ooJ.h.e.lnitial CQstof the WOrK_budget being $7.311.000 for building and site costs as siClt.ed in ArticJ~J .1.2.5.2. If the budget for the Cost of the Work is increased or decreQ_se,dJ~Y..1l1e,.QWm~LqL<mYPOilJt during the non-construction phases of the Proiect. the TotgJ CorrIP.ensQ!jon sb<::lHPe. .CldjusJed proportionally as described in Article 1.3.3.2.4 for the current phasegnd_ mmaining phases forward. Total Compensation shall not be chanm~_d if final bi~t~L - come in..,atplus or minus seven (7%) percent of the approved budqet at the time of biddinq,. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the ,'I. "'1 ,.:.- ......11I. . _ .WI"W- Architect's compensation shall be adjusLed. Such adjustment shall be calculated as described ............ below or, if no meLhod of adjustment is indicated in this Paragraph 1.5.2, in an equitable - manner. u 1997 AIA(~) (lJJserl bi/si< O/cOl17fX'/ls:ltio/l, i/lcluding r:lles :In.1 multiples o/Direct Personnd L,).:pt'nse for Pnilujmls iIIlll "1IIployees. AlA DOCUMENT B141 - 1997 :m.1 idmlity Principals and classity employees, if required IdcntliY"fun/le servll:.e,,' to which partieu/ar /IIethod,' o( STANDARD FORM AGREEMENT compensation "l'l'ly.) Compensation shall be based on actuaLb9YLS__SP_ent as described in Subparagraph The American Institute of Architects 1.3.3.2. All hours shall be itemized by the Architect amLaQp(QYf)!tb-Y-tb_~LQwn~ 1735 New York Avenue N.W. before they are accrued. Compensation shall be based on actual hours spent Washington, D.C. 20006-5292 multiplied by the billable rates shown in the attached Architect's and Enqineer'.~J::i9JJdY... Rate Sch~duJe.sin_Attachment NO.1. 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one and on.e~.tf)o!b ( ,1,1 ) times the amounts billed to the Architect for such services. (1) 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, (1) 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions _hout written permission of the AlA violate~ the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopYing Violates u.s. copynght 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. expiration as noted below. User Document; b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 13 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items . included in Paragraph 1.5.5 as Reirnbursable Expenses, the compensation shall be computed as a multiple of one and one-tenth_ eLl ) tirnes the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: NoLapplicable. 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants authorized and approved by the Ownecas set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. This document has important legal 1.5.7 An initial payment of Twenty-five Thousand Dollars ($ 25,000 ) shall be made consequences. Consultation with an attorney is encouraged with rcspect to upon execution of this Agreemenl and is the minimum payment under this Agreement. It shall its completion or modification. be credited to the Owner's account at final paymenl for the Schematic Design Phase. AUTHENTICATION OF THtS Subsequent payments for services shall be made monthly, and where applicable, shall be in ELECTRON/CALL Y DRAFTED AlA proportion to services performed on the basis set forth in this Agreement. DOCUMENTMAYBEMADEBYU~NG AlA DOCUMENT 0401. 1.5.8 Payments afe due and payable upon receipt ( ) days from the dale of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence Lhereof at the legal rate prevailing from time to lime at the principal place of business of the Architect. (jnserl ],/Ie o[jnleresl '1grc"j upon.) 12% annually. (Usury jdWS dnd requiremenls under Ihe Feder;,1 Trulh Iii It'/idlilg ACI, siliuJar SI;,1t' a/id loclil cO/lSU/nt'T credillliws ;,nd olher rt:gUllilio/is lil Ihe Owners dnd Archi/ecl ~< pIinCl}"'/ pMccs of business, Ihe /ocdlion of Ihe ProjecI dnd d"t'where /nay dfkc//he vdlidi/y oflhis provl:<ion. 5jxnjjc legal advice should lx, ohlained wilh ]'(,-,,/x'cllo dde/ions or modificd/ions, dnd d/SO reg:mhiJg requiremenls such liS wrillt'/i dildosurt's or waivt'T.I-.) . 1.5.9 If the services through the Construction Documents phase covered by lhis Agreement have nol been completed within fiftg~.o. ( 1.~ ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided 111 Paragraph 1.5.2. If the services for the bidding and__, construction phases cover~t;LQi..J.bi$" Agreement have not been completed within _ fifteen months of the date of the Owne(S.JJQJic::~:1Q~p[Qc..eed.witb_bjdding'"tbrou.g.b._no._ fault of the Architect. extension of the Architect's s~J:.vi~.e.~LI:>~~QndJbgUjIDJLSbaILJ;)JL compensated as provided in Paraqraph 1.5.2~. This Agreement entered into as of the day and year first written above. - ~1fo1~ {~ II .... ," OWNER (SIgnalure) .....~ .,...... Brenda Davis, Chair, Library Board ....~" ' ~ . ",... . ,.... ... of Trustees - (PIinliyl IldIlH' dfJ(/ tille) (l-'nil/tyf Ild)}}" dIld /ille) 01997 AIAWJ AlA DOCUMENT B141- 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 It) 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, (Q 1997 by The Amcrlcan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions .thout written permission of the AlA violates the copyright laws of the United States and will subject the )Iator to legal prosecution. WARNING: Unlicensed photocopying violates U.s. copyright laws and will bject 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. expiration as noted below. User Document: b141.opLaia u 6/21/2002. AlA Licensc Number 1001042, which expires on 11/3012002. 14 . This dowment has important legal comequences. Comultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT D401. . - II ~, ~,:: ......11. . _ .... .. ....... ... -- o 1997 AIA@ AlA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 (Q 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, (Q 1997 by The American .W"" of Ace" "e",. Repmd,,"oo of <he m,'e,;,1 "m'o "' "b,"o",1 q'o""oo of 't< pm''''om hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates u.S. copyright lilWs ilnd 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. expiriltion as noted below. User Document: b141-opiaia -- 7/812002. AlA License Number 1001042, which expires on 11/30/2002. 15 1997 Edition - Electronic Format . AlA Document B 141 - 1997 Standard Form of Architect's Services: Design and Contract Administration This document has important legal T ABLE OF ARTICLES consequences. Consultation with an attorney is encouraged with respect to 2.1 PROJECT ADMINISTRATION SERVICES its completion or modification. AUTHENTICATION OF THIS ELECTRON/CALL Y DRAFTED AlA 2.2 SUPPORTING SERVICES DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES . 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants - with those services provided by the Owner and the Owner's consulLanLs. 2.1.2 When Project requirements have been sufficiently identified, the Architect shall II prepare, and periodically update, a Project schedule that shall identify Inilestone dates for ~~JI! .~ decisions required of the Owner, design services furnished by the Architect, completion of ....." . - . ..... . ,.... ... documentation provided by the Architect, commencement of construction and Substantial - Com pletion of the Work. @ 1997 AIA@ 2.1.3 The Architect shall consider the value of alternative materials, building systems and AlA DOCUMENT B141-1997 STANDARD FORM AGREEMENT equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. The American Institute of Architects 1735 New York Avenue N.W. 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the Washington. D.C. 20006-5292 design of the Project to representatives of the Owner. @ 1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The Americ,]Il Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions _hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.s. copyright laws and will bject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on ll!30/2oo2. 16 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall . be entitled to rely on approvals received from the Owner in the further development of the design. 2.1.6 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. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current This document has important legal area, volume or similar conceptual estimating techniques. As the design process progresses consequences. Consultation with an through the end of the preparation of the Construction Documents, the Architect shall update attorney is encouraged with respect to and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the its completion or modification. Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes AUTHENTICATION OF THIS in Project requirements or general market conditions. If at any time the Architect's estimate of ELECTRON/CALL Y DRAFTED AlA the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate DOCUMENTMAYBEMADEBYU~NG recommendations to the Owner to adjust the Projt~ct's size, quality or budget, and the Owner AlA DOCUMENT 040/. shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and docs not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. . 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction arc to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect ~.. submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect. changes in the general level of prices in the construction industry. 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest geHa --Iffie -ffiJ _ ~I ..... ....." . - .11...... . ....11 _ ce~PQDsible bidder or negotiated proposal, the Owner shall: - .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; @ 1997 AIA@ ALA DOCUMENT 8141 - 1997 .3 terminate in accordance with Subparagraph 1.3.8..5; or STANDARD FORM AGREEMENT .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work The American Institute of Architects 1735 New York Avenue N.W. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7..5-4, the Architect, without Washington, D.C. 20006-5292 additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will . bject the violator to legal prosecution. This document was electronically produced with permission of the ALA <lnd C<ln be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 17 modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The Architect shall be entitled to compensation in accordance with this . Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 L1nless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations This document has important legal consequences. Consultation with an and utility locations for the site of the Project, and a written legal description of the site. The attorney is encouraged with respect to surveys and legal information shall include, as applicable, grades and lines of streets, alleys, its completion or modification. pavements and adjoining property and structures; adjacent drainage; righLs-of-way, restricLions, AUTHENTICATION OF THIS easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; ELECTRON/CALL Y DRAFTED AlA locations, di mensions and necessary data with respect to existing buildings, other DOCUMENTMAY8EMADE8YU~NG improvements and Lrees; and information concerning available utility services and lines, both AlA DOCUMENT 0401. public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which 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. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by . the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. - 2.3.3 The Architect shall review the Owner's proposed method of contracting for ~-~ construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and Lime requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES -tP"~. ' - .III~ ........... 2.4.1 The Architect's design services shall include normal structural, mechanical and - electrical engineeri ng services. @ 1997 AIM9 AlA DOCUMENT B141 - 1997 2.4.2 SCHEMATIC DESIGN DOCUMENTS STANDARD FORM AGREEMENT 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually The Americ<ln Institute of Architects agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall 1735 New York Avenue NW. establish the conceptual design of the Project illustrating Lhe scale and relationship of the Washington, D.C. 20006-5292 Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic (9 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, (9 1997 by The AmerICan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying viol<ltes U.S. copyright l<lwS and will bject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in arcord<lnce with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on ll/30/2oo2. 18 modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. . 2.4.2.2 If required by the Owner.Llhe.Architect shall make a formal presentation of the Schematic Design documents t9_.Jhe Library Building Committee and Board of Trustees. Bozeman City Commission. r~j)resenta1Jy.eS.OL_1b.IL.J=LaDoing and Engineering Departments. and other related LiQr9-'Y._6Q.QLQs,..j3J.Jjm~~LmYtu.ally_. aQreeable to ea.Gh.pqrty. 2.4.3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents a!}(\ updated budget. for the Cost of the Work. 'I'.he Design This dowment has important legal De~elopment .D~cul11ents shall illus~rate ~nd descnbe. the refinement of the desIgn .of the consequences. Consultation with an Project, estabhshmg. the scope, reh~tlOnslllp~, forms, sIze. and appearance of. the Project by attorney is encouraged with respect to means of plans, sectIOns and elevatIOns, typICal constructIOn detaIls, and equIpment layouts. its completion or modification. The Design Development Documents shall include specifications that identify major materials AUTHENTICATION OF THIS and systems and establish in general their quality levels. ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING 2.4.4 CONSTRUCTION DOCUMENTS AlA DOCUMENT 0401. 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Projed. Prior to approval of the Documents by the Owner. the Architect shall submit the ConstrlJ~ti.on Documents fQL 1b.g, Project to the specific agencies in the City of Bozem.i3n administe,riO-R-aIL__ i3Pplicable building codes. regulations. laws and orgjmm_ces con~e,m.i.og.J::QllstructiQO_. of the proposed facility. Any cost associated wilb.,bulldin9..perOlit fee,,~QLplan check fees shall be the responsibility of the Qwn.er._..Qimyltan.eQL!.sl~€!.._b.Icbitect shall . submit two copies of all Construction DQCUments to the Owner. The Architect shall make writteru:.eguest of these agencies for the requisite approvals, and any chanQes necessary to obtain such .i~Hmroval. other than changes necessary to address pre- existing conditions. shall be m<l.<;lJLby the Architect at the Architect's expense. Specifically, but not all inclusive, the Construction Documents are to be reviewed by tl1e.City of Bozeman for compliance to the extent required with the buildingm~od.e~~-,--- ~9nil]g ordinance. and other laws. ordinances, and policies which the City of BQ:zem~n_ i3dmioisters. In the event of a decision by any requlatory authority thaL.$L!~1.1..... Construction Documents do not fu~.confQ[m to applicable. building codes. zoning ordinance. or other laws. ordinancesQC.PQU~ies. the OwneJ may have the matter - heard on appeal or review by tben,appropriate administrative agency or agencies. .. 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the '"':.~.v;:.. Owner in the development and preparation of: (1) bidding and procurement information "':,:.. ~.: which describes the time, place and conditions of bidding; bidding or proposal forms; and the ~ form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (C;eneral, Supplementary and other Conditions). The Architect also 01997 AIA@ shall compile the Project Manual that includes the Conditions of the Contract for Construction AlA DOCUMENT B141 - 1997 and Specifications and may include bidding requirements and sample forms. STANDARD FORM AGREEMENT ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES The American Institute of Architects 2 I I h II . I . t .. . I .. t 'd . d 1735 New York Avenue N,W. .5.1 T le Arc litect s a assIst t Ie Owner III 0 )tal11ll1g elt ler competItIve )1. S or negotIate Washington, D.C. 20006-5292 proposals and shall assist the Owner in awarding and preparing contracts for construction. @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The AmerICan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~'thout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will . bject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 19 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. - 2.5.3 The Architect shall assist tht~ Owner in bid validaLion or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall noti fy all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction This dowment has important legal of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for consequences. Consultation with an the cost of reproduction or shall reimburse the Architect for such expenses. attorney is encouraged with respect to its completion or modification. 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to AUTHENTlCA nON OF THIS prospective biddns and request their return upon completion of the bidding process. The ELECTRON/CALL Y DRAFTED AlA Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, DOCUMENT MAY BE MADE BY USING received from and returned to prospective bidders. AlA DOCUMENT 0401. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 2.5.4.5 The Architect shall partICIpate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders . in the form of addenda. 2.5.4.7 The Architect shall partICIpate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, Gem~ral Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction - of Proposal Documents for distribution to prospective contractors. The Owner shall pay ~-~ directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection ...... . - . II.,. .., ....11 ... interviews with prospective contractors. - 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal CO 1997 AIA@ AlA DOCUMENT B141 -1997 DocumenLs, and shall prepare and distribute addenda identifying approved substitutions to all STANDARD FORM AGREEMENT prospective contractors. The American Institute of Architects 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations 1735 New York Avenue N.W. with prospective contractors. The Architect shall subsequently prepare a summary report of the Washington, D.C. 20006-5292 negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES (Q 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, (Q 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ,-hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopymg 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. expiration as noted below. User Document: b141-opiaia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 20 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and . the Contractor as set forth below and in the edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agrt.~ernent. Modifications made to the General Conditions, when adopted as part of tht.~ 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. 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.1 when This document has important legal Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. consequences. Consultation with an attorney is encouraged with respect to 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner its completion or modification. AUTHENTlCA TlON OF THIS during the provision of the Contract Administration Services. The Architect shall have ELECTRON/CALL Y DRAFTED AlA authority to act on behalf of the Owner only to the extent provided in this Agreement unless DOCUMENT MA Y BE MADE BY USING otherwise modified by written amendment. AlA DOCUMENT 0401. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 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. 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. . 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.1.8 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 the resu\ls of interpretations or decisions so rendered in good faith. .."."'. ' ~ .".... ............. - 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in C0 1997 AIA@ question between the Owner and Contractor as provided in the Contract Documents. AlA DOCUMENT 6141 - 1997 IIowever, the Architect's decisions on matters relating to aesthetic effect shall be final if STANDARD FORM AGREEMENT consistent with the intent expressed in the Contract Documents. The American Institute of Architects 2.6.2 EVALUATIONS OF THE WORK 173S New York Avenue NW. 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals Washington, D.C. 20006-5292 appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner <9 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <9 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ~thout written permission of the AlA violates the copyright laws of the United States and will subject the Jlator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will bject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11130/2002 21 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 ddennine 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 10 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 safely precautions and programs in connection wilh the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.2.2 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 This document has important legal Work in accordance with the requirements of the Contract Documents. The Architect shall be consequences. Consultation with an responsible for the Architect's negligent acts or omissions, but shall not have control over or attorney is enwuraged with respect to charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, its completion or modification. or their agents or employees, or of any other persons or entities performing portions of the AUTHENTICATION OF THIS Work. ELECTRON/CALL Y DRAFTED AlA OOCUMENTMAYBEMAOEBYU~NG 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or AlA DOCUMENT 0401. progress. 2.6.2.4 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 maLLers arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that docs not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the . provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. If additional costs for such special inspection or testing are identified or imticipated. the test or tests shall only be accQmpJished after obtaining the Owner's. concurrence 9D\ta9L~ernent to pay for such work. IIowever, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue . Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for ..., ," .....~ .,...... Payment, that the Work has progressed to the point indicated and that, to the best of the -. .....".. ....- Architect's knowledge, information and belief, the quality of the Work is in accordance with - the Contract Documents. The foregoing representations are subject (1) to an evaluation of the @ 1997 AIA@ Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the ALA DOCUMENT 6141 - 1997 Contract Documents prior to completion, and (4) to specific qualifications expressed by the STANDARD FORM AGREEMENT Architect. The American Institute of Architects 1735 New York Avenue N.W. 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Washington, D.C. 20006-5292 Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, @ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions tIilhout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ubject 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. expiration as noted below. User Document: b141-opi.aia -- 6/21/2002. ALA License Number 1001042, which expires on 11/30/2002. 22 suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously . paid on account of the Contract Sum. 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for confonnance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,. . Contractor or separate contractors, while allowing sufficient time in the Architect's professional ThiS document haslm,portant '~gha' . J . d . R' fib' I . d 1 (' I consequences. Consu tatlon wit an ]IJUgment to permIt a equate revIew. eVlew 0 sue 1 su. 111Itta s IS not con uctee or t le . d . h f d .. h J I f I 1'1 h I' . I attorney IS encourage Wit respect to purpose 0 etermll1l11g t e accuracy anu comp eteness 0 ot ler e etm s suc as e nnenslOns ane 't , t' d'f' t' . . . I ... '.' 11' . f' I scamp e /On or mo I Ica /On. quantItIes, or lor su lstantlatll1g lI1structIons lor II1sta atlOn or perlormance 0 equipment or AUTHENTICATION OF THIS systems, all of which remain the responsibility of the Contractor as required by the Contract ELECTRONICALLY DRAFTED AlA Documents. The Architect's review shall not constitute approval of safety precautions or, unless DOCUMENT MAY BE MADE BY USING otherwise specifically stated by the Architect, of any construction means, methods, techniques, AlA DOCUMENT 0401. sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 2.6.4.3 If professional design services or certifications by a design professional rdated to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's . written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.5 CHANGES IN THE WORK 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. I f necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph II 2.8.2. :.6.5.2 The Architect .shall review .prope~ly pr~pared, timely requests by the O~ner or -::..~ ~ ,-: Contractor for changes III the Work, lI1cluehng adjustments to the Contract Sum or Contract -.".111._..... Time. A properly prepared request for a change in the Work shall be accompanied by sufficient - supporting data and information to permit the Architect to make a reasonable determination. _ without extensive investigation or preparation of additional drawings or specifications. If the Cs) 1997 AIAC~) Architect determines that requested changes in the Work are not materially different from the AlA DOCUMENT B141 - 1997 requirements of the Contract Documents, the Architect may issue an order for a minor change STANDARD FORM AGREEMENT in the Work or nxommend to the Owner that the requested change be dt.~nied. Th A . I t't t fA h.t t e merlcan ns I U e 0 rc I ee s 1735 New York Avenue N.W. 2.6.5.3 If the Architect determines that implementation of the requested changes would Washington, D.C. 20006-5292 result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon (9 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, (9 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions .ithout written permission of the AlA violates the copyright laws of the United States and will subject the olator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ubject 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. expiration as noted below. User Document: b141-opiaia -- 6/21/2002. AlA License Number 1001042, which expires on 1lI30/2002. 23 information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a . Change in Services of the Architect. With the Owner's approval, the Architt.Tt shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents This document has important legal required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the consequences. Consultation with an attorney is encouraged with respect to requirements of the Contract Documents. its completion or modification. AUTHENTICATION OF THIS 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated ELECTRONICALL Y DRAFTED AlA Representative to check conformance of the Work with the requirements of the Contract DOCUMENT MA Y BE MADE BY USING Documents and to veri fy the accuracy and completeness of the list submit ted by the Contractor AlA DOCUMENT 0401. of Work to be completed or corrected. 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (J) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. .RTlCLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES If 2.8.1 Design and Contract Administration Services bqond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 up to two (;2.) reviews of each Shop Drawing, Product Data item, sample and .... ," similar submittal of the Contractor. ....~ I.... ,....... . ~ . Ii..... .2 up to Qne (1) visits per week to the site by the Architect over the duration of . "11 ... - the Project during construction. Coordination meetings with the General @ 1997 AIA@ Contractor shall averaqe_ twice a month over the course of the construction phase. ALA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT .3 up to two ( 2 ) tl-lSped-WftS observations for any portion of the Work to determine whether such portion of the Work is substantially complete in The American Institute of Architects accordance with the requirements of the Contract Documents. 1735 New York Avenue N.W. .4 Up to two ( 2 ) inspections observatiQns for any portion of the Work to Washington, D,C 20006-5292 determine final completion. <9 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <9 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States and will subject the .olator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will bject 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. expiration as noted below. User Document: b141-opi.aia -" 6/21/2002. ALA License Number 1001042, which expires on 1lI30/2002 24 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph ].,).3: . .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor- prepared coord ina lion drawings, or pnor Project correspondence or documentation; .3 Change Orders and Construction Change Directives requmng evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or This document has important legal other cause during construction; consequences. Consultation with an .5 evaluation of an extensive number of claims submitted by the Owner's attorney is encouraged with respect to consultants, the Contractor or others in connection with the Work; its completion or modification. .6 evaluation of substitutions proposed by the Owner's consultants or contractors AUTHENTlCA TlON OF THIS and making subsequent revisions to Instruments of Service resulting therefrom; ELECTRON/CALL Y DRAFTED AlA .7 preparation of design and documentation for alternate bid or proposal requests DOCUMENT MA Y BE MADE BY USING proposed by the Owner; or AlA DOCUMENT 0401. .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service (JIKhit,'Ct, Owner or Not PmVlded) Description .1 Programming Owner . .2 Land Survey Services Owner .3 Geotechnical Services Architect (Add. services) See Att. 2 -4 Space Schematics/Flow Diagrams Archite~t .5 Existing Facilities Surveys Owner .6 Economic Feasibility Studies Owner .7 Site Analysis and Selection Architect .R Environmental Studies and Owner Reports .9 Owner-Supplied Data Owner Coordination Schedule Development and - .10 Owner and Architect ~IJ. Monitoring .n Civil Design Archit~t .12 Landscape and Irrigation Design ArchitELGt -'1 I..... Interior Design Architect ...... H - ~ . II... .13 ,"11 __ Special Bidding or Negotiation Not required - .14 .15 Value Analysis Not required o 1997 AlAi!') .16 Detailed Cost Estimating Arch itect AlA DOCUMENT B141 - 1997 .17 On-Site Project Representation Not reQuire_Q STANDARD FORM AGREEMENT ,18 Construction Management Not re.ql)jr.e.d The American Institute of Architects .19 Start-up Assistance Not required 1735 New York Avenue N.W. .20 Record Drawings General Contractor Washington, DC 20006-5292 .21 Post ~Contract Evaluation Not required .22 Tenant-Related Services Not required .2] Wetland delineation and Qwoer (fl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <9 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions ,-hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. 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. expiration as noted below. User Document: b141.opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on ll/30/2oo2. 25 remediation .2'1 . .25 Descri ption of Servict.~s. (lllserl dcsClil'lions oft!Je services desigllaled) See Att~.GhUlent NO.2 for Additional Services that may be rlN.LJ?_sleq.oYJhe.Owner. ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: 2.9,1.1 The Americans vyjJh Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a fggiliJy for first occupancy later than January 26. 1993. This document has important legal consequences. Consultation with an that does not meet the accessibU.ity'..and usablity requirements of the ADA except attorney is encouraged with respect to where an entity can demonstrat~Jb~t it is structurally impractical to meet such its completion or modification. requirements. The Owner acknowledges that the requirements of the ADA will be AUTHENTICATION OF THIS subiect to various and ItQ_ssibly contradictory interpretations. The Design ELECTRON/CALL Y DRAFTED AlA Professional. therefQre, will use his or her reasonable professional efforts to interpret DOCUMENT MA Y BE MADE BY USING applicable ADA reqyjmments and other federal, state and local laws. rules. codes. AlA DOCUMENT 040/. ordinances and requlations g~ they apply to the proiect. The Design Professional. however. cannot and does not warrant or guarantee that the Owner's proiect will comply with interpretations of ADA requirements and/or requirements of other federal. state and local laws, rules, .QQ.des. ordinances and regulations as they apply to the proiect. 2.9.1.2 The Arcj}ilectsbgll not be required to sign any documents. no matter by whom remJe.s.ted. that would result in the Architect's havinq to certify. quarantee, or warrant t1:H.~"e~j~tence of conditions whose existence the architect cannot ascerl~in. The Owner also aqm.e~..Dot to make resolution of any dispute with the Architect or . payment of any amount due to the Au;hitect in any way contingent upon the 8rchitect's signing any such certification. 2.9.1.3 The MQoJ<ma State Board of Architects. P.O. Box 200513. Helena. Montana. 59620-0513. (406)841-2390. has.jYJisdiction over individuals licensed under the Montana Code Annotated. Ch<:lQtec;37. Section 65. The Owner will require that the Construction Documents be st;::lDm_ed by an Architect registered in the State of Montana. By its execution. this Standard form of Architect's Services: Design and Contract Ii Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, ALA Document BI41-1997, that was entered into by the parties as of the date:J!Jne__21. 2002. .... ," ....., ,........ -."....11.~..... - @ 1997 AIA@ OWNER (Signalllre) AlA DOCUMENT B141 - 1997 Brenda Davis, Chair, Libhuy Board STANDARD FORM AGREEMENT of Trustees (Prill led ndllle dnd lilk) (Prinled lldme dnd lille) The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 19 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 19 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions tl:[hout written permission of the AlA violates the copyright laws of the United States and will subject the lator to legal prosecution. WARNING: Unlicensed photocopying violates US. copyright laws and will bject 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. expiration as noted below. User Document: b141~opi.aia -- 6/21/2002. AlA License Number 1001042, which expires on 11/30/2002. 26 ..--.--...-.-.----------.-.. _...._n_.__.__. . AlA Document B141 Attachment NO.1 Architect and Engineer Hourly Rate Schedules OVERLAND PARTNERS INC. Principal $210/Hr Senior Architect $145/Hr Architect, Level III $105/Hr Architect, Level II $90/Hr Architect, Level I $80/Hr Technician - Level III $80/Hr Technician - Level II $70/Hr Technician - Level I $60/Hr Clerical $50/Hr Student Intern $30/Hr JOHNSTON ARCHITECTS Principal $100/Hr Architect $85/Hr ALLIED ENGINEERING SERVICES, INC. Principal $11 O/H r Staff Professional $80/Hr Construction Inspector $65/H r Field Surveyor $60/H r Technician $50/H r . Clerical $40/H r ASSOCIATED CONSTRUCTION ENGINEERING, INC. Principal $85/H r Senior Engineer $75/Hr Engineer $65/Hr Designer $48/Hr Draftsman $38/Hr Administrative $30/Hr DESIGN WORKSHOP Principal $200/Hr Project Manager $85/Hr Landscape Architect $65/Hr Clerical $50/Hr LAURA A. FEDRO INTERIORS Principal $100/Hr Interior Designer $45/Hr Admin Asst. $45/Hr BUSBY & ASSOCIATES, INC. Principal $154/Hr Project Manager $146/Hr Senior Cost Estimator $93/Hr Cost Estimator $52/H r Junior Cost Estimator $51/Hr Senior Admin Asst. $49/Hr Admin Asst. $28/Hr . END OF ATTACHMENT NO.1 A1-1 . AlA Document B141 - Attachment No.2 Description of Additional Services ARTICLE A.2.1 PROGRAM VERIFICATION Definition: Under this Additional Service, Johnston Architects shall provide the analysis of the program, the tabulation of program elements in architedural terms with documentation in the form of a tracking chart and the tracking of program component implementation at each deliverable point during the course of the project. Tasks: The tasks performed by Johnston Architects shall be as follows: 1. Participate (with Library Consultant) in staff scoping and program revision. 2. Participate (with Library Consultant) in public scoping and program revision. 3. Prepare Program Tracking Charts documenting stacks, furniture and areas. 4. Review and revise Charts at 100% SD. 5. Participate in Staff and Public presentations of building with focus on program implementation discussion. 6. Review and revise Charts at 100'% DD. 7. Participate in Staff and Public presentations of building with focus on program . implementation discussion. 8. Review and revise Charts at 100% CD. 9. Additional Special Focus: New Technology Implementation Requirements. Deliverables: The deliverables from Johnston Architects shall be as follows: 1. Program Tracking Charts documenting stacks, furniture and areas, accompanied by narrative report at 2 points during Schematic Design. 2. Program Tracking Charts documenting stacks, furniture and areas, accompanied by narrative report at 2 points during Design Development. 3. Program Tracking Charts documenting stacks, furniture and areas, accompanied by narrative report at 2 points during Construction Documents. Compensation: This Additional Service will be invoiced on actual time spent with a 110t-to- exceed amount of$8,840. See fee breakdown for estimated efforts by task on attached Sheet AS01- 1. Note: Reimbursable expenses are not included within this figure. ARTICLE A.2.2 FUNDRAISING ASSISTANCE Definition: This Additional Service shall provide fundraising materials and attend fundraising presentations as requested by the Owner. Overland Partners' office at 612 East Main Strcd will bc uscd at no cost to the Owner for fundraising meetings by the ti.mdraiser. Items nos. 2,4,5,6, 7, 8 and 9 listed below shall be optional items added only at the direction of the Owner. The Owner reserves the right to . choose nonc, any or all of these optional items. Deliverables and Tasks: Thc dcliverables tasks for the Fundraising Assistance effort shall be as A2a1 follows: . 1. Image boards (29" x 39") before Conccpt Dcsib'11 is dcvclopcd. 2. Fundraising brochure of image boards for potential donors before Concept Design is developed. 3. Colored site plan, floor plans, exterior elevations and freehand perspective of approved Concept Design mounted on 29" x 39" boards. 4. Fundraising brochure of Concept Design documents for potential donors. 5. Presentation quality rendering of approved Schematic Design. 6. Display model of project and adjacent existing buildings. 7. 3-D animation to be used for fundraising purposes to include exterior modeling and walk-through of main interior space. 8. 11" x 17" fundraising brochure to include colored site plan, floor plans, exterior elevations and renderings in PageMaker 7.0. 9. Overland representative shall make presentationes) of project design at the request of the Owner to targeted donor groups. Compensation: This Additional Service will be invoiced on actual time spent with a not-to- exceed amount for each item as shown bclow. See fee breakdown for estimated efforts by task on attached Sheet AS02-1. Note: Reimbursable expenses arc not included within this figure. 1. Image boards (29" x 39") before Concept Design is developed: provided for no additional fee, which shall be provided as for the base fee described in Article 1.5.1. 2. Fundraising brochure of image boards for potential donors before Concept Design is developed: $1,060. . 3. Colored site plan, floor plans, exterior elevations and freehand perspective of approved Concept Design mounted on 29" x 39" boards: provided for no additional fcc, shall be included in the fee described in Article 1.5.1. 4. Fundraising brochure of Concept Design documents for potential donors: $1,060. 5. Presentation quality rendering of approved Schematic Design: $4,000. 6. Display model of project and adjacent existing buildings: $10,4S0. 7. 3-D animation to be used for fundraising purposes to include exterior modeling and walk-through of main interior space: $8,400. 8. 11" x 17" fundraising brochure to include colored site plan, floor plans, exterior elevations and renderings in PageMaker 7.0: $9,640. 9. Attendance of fundraising presentations: Presentations shall be invoiced on an hourly basis using the rates stipulated in Attachment NO.1. ARTICLE A.2.3 COMMUNITY PRESENTATIONS AND PUBLIC INTEGRATION Definition: This Additional Service shall provide the materials and make presentations to gather public input and make key presentations during the design phase. All of the items listed below shall be optional items added only at the direction of the Owner. The Owner reserves the right to choose none, any or all of these optional items. Deliverables and Tasks: The deliverables for the Community Presentations and Public Integration effort shall be as follows: 1. Prepare materials for Concept Design public presentation. . 2. Conduct Concept Design public presentation. 3. Prepare materials for Schematic Desib,'11 public presentation. A2-2 4. Prepare materials for Schematic Design public presentation. . 5. Assist Owner with posting infonnation on Library website. 6. Make design presentations to various civic organizations as requested by the Owner. Compensation: This Additional Service will be invoiced on actual time spent with a not-to- exceed amount for each item as shown below. See fee breakdown for estimated efforts by task on attached Sheet AS03-1. Note: Reimbursable expenses arc not included within this figure. 1. Prepare materials for Concept Design public charrette: $4,800. 2. Conduct Concept Design public charrette: $2,400. 3. Prepare materials for Schematic Design public charrette: $4,800. 4. Conduct Schematic Design public cbarrette: $2,400. 5. Assist Owner with posting information on Library website: $3,200. 6. Make design presentations to various civic organizations as requested by the Owner: Presentations shall be invoiced on an hourly basis using the rates stipulated in Attachment No.1. ARTICLE A.2.4 LEED CERTIFICATION Definition: This Additional Service shall facilitate the process of obtaining a LEED Yersion2.0 certification with the U.S. Green Building Council. The LEED rating level shall be commensurate with the Project Budget and shall be determined by mutual consent with the Owner. This Additional Service shall be considered an optional item and added only at the direction of the Owner. . Tasks: The AE team shall register tbe Project on the USGBC website at the beginning of the project, complete the LEED preliminary checklist at the beginning of the Concept Design Phase, develop all materials necessary for the certification process and serve as tbe main liaison with tbe lJ .S. Green Building Council. Deliverables: The deliverables for the LEED Certification effort shall be as follows: 1. Preliminary checklist of credits and prerequisites for LEED Certification. 2. Research, coordination, and notebook development of data collection associated with each credit and prerequisite. 3. Materials required for submission to US Green Building Council for approval. Compensation: This Additional Service will be invoiced on actual time spent with a not-to- exceed amount for each item as shown below. See fee breakdown for estimated efforts by task on attached Sheet AS04-1 and Sheet AS04-2. Note: Reimbursable expenses are not included within this figure. 1. LEED Version 2.0 Certification rating: $31,150. 2. LEED Version 2.0 Silver rating: $39,270, ARTICLE A.2.5 FURNITURE AND EQUIPMENT Definition: This Additional Service sball provide the design, bid documents and installation supervision . for the library furniture and equipment. The preliminary Furniture and Equipment budget is $980,000 or $20 per square foot times the gross area goal of 49,()()() square feet. Furniture and Equipment covered in tbis efIort shall defined as book stacks, systems furniture, workstation furniture, carrels, tables and chairs A2-3 (for study areas, children's areas, meeting rooms and work rooms), lounge furniture, side tables and task . lighting. Stack lighting shall be coordinated as part of this Additional Service but the cost for stack lighting shall but included as part of the building budget and not the Furniture and Equipment budget. Design, "finish" boards, bid documents, installation supervision and final punch lists would not be provided for computer systems, telecommunication systems, add-on security equipment and post- construction electronic components but coordination of electrical outlet locations for these items would be provided as part of this Additional Service. Tasks: The AE team shall determine design direction for the furniture and equipment and incorporate them into the overall architectural and aesthetic plan for the Bozeman Public Library. Bid documents shall be produced for the selected furniture and equipment. The AE team shall supervise the installation and provide a written punch list for the post-installation review. Deliverables: The deliverables for the Furniture and Equipment effort shall be as follows: 1. Furniture, fixtures and equipment drawings and specifications as part of the overall bid documents. 2. Furniture and equipment "finish" boards for community use and presentations. 3. Complete fUrniture and equipment notebooks, representing individual pieces, their specifications, and their respective finishes for Owner's in-house use. 4. Final punch list for furniture and equipment contractor(s) after review of installation. Compensation: $98,000. Total Compensation is based on a fee of 100/., times the F&E budget of $980,000 and shall be distributed by phase according to the percentages stated in Article 1.5.1. No additional compensation shall be earned by any commissions on the sale of any furniture or . equipment specified under this Additional Service. Ifthe project F&E budget is increased or decreased at any time during the non-construction phases, the fee shall be adjusted proportionally for the remaining phases forward. Note: Reimbursable expenses are not included within this figure. ARTICLE A.2.6 GEOTECHNICAL SERVICES Definition: This Additional Service shall provide the geotechnical evaluation of subsurface conditions and recommendations for foundation and pavement design. Geotechnical evaluation will be completed after the site has been declared safe from hazardous materials. Tasks: The tasks performed by Allied Engineering Services, Tnc. shall be as follows: 1. Excavation for geotechnical investigation. Excavate upto 6 test pits 4 to 8 feet in depth. Allied Engineering will hire a subcontractor to complete the excavations. An engineer from our office will log the test pits and take representative soil samples for laboratory analysis. We anticipate four test pits near the building footprint with two additional test pits within the parking area. Depending on the size ofthe building, up to five additional exploratory bore holes up to 20 feet deep each will be drilled. We would hire the drill rig and operators as a subconsultant to Allied Engineering Services, Inc. 2. Laboratory analysis of samples. Selected samples from the test pits will be evaluated for their gradation, maximum dry unit weight, atterberg limits, and natural moisture content. Please note that we may substitute other testing ifrequired. This should not change the overall cost. 3. Engineering analysis and report. Engineering analysis will be perf()rmed as required to . provide recommendations relating to footing design, excavation and filling, general depths to suitable bearing, groundwater conditions to the depth of the explorations, lateral earth A2M4 pressures, pavement design, foundation drainage and damp-proofing, potential for . liquefaction, and any other pertinent recommendations for construction staging, etc. The results and recommendations wi11 he presented in a report, which will also include the logs of the test pits. This report will also include recommendations for any special considerations at the site. Deliverables: The deliverables for the Geotechnical Services effort sha11 be as fo11ows: 1. Six (6) bound copies of Geotechnical Engineering report. Compensation: $9,100. Note: Reimbursable expenses are not included within this figure. END OF ATTACHMENT NO.2 . . A2-5 Bozeman Public Library Attachment No.2 . ADDITIONAL SERVICES FEE BREAKDOWN Project: Bozeman Public Library - Program Verification Project No: 0226,01 Date: June 20, 2002 I ..;...... I....;....ii 1..... ;.....;;.........1. Ii........ .i.. i........i...... ..;;........1..... ........... ...ii..iiiii .; ....... ......i; . ...;;. ..c ..c .......i.....i......i..i.. ~ ~ I c:{ c:{ ;i.i liiliiii g-iii".. ........i....ii..i.ii '0 j .. ....*- ..................... c:{ c:(. .. I.......iiii.iiiiii.i.iiiii.....ii....ii.iii.i~iiiiiii.ii;ii.i.;iiii.iii.iii....ii... Item: --, ?.. Ii .. Staff Scoping and Program Review 16.00 100 85 85 1,600.00 Publish revisions to Program 8,00 100 85 85 800.00 Public Scoping and Program Review 16.00 100 85 85 1,600.00 Publish revisions to Program 8.00 100 85 85 800.00 Prep. Of Program Tracking Charts 4.00 100 1 85 85 400.00 I Review / Revise Charts @100% SO 4.00. 100 2.001 85 85 570.00 Staff & Public Presentation 2.001 100 85 85 200.00 Review / Revise Charts @1 00% DO 2.00 100 2,00 85 85 370.00 Staff & Public Presentation 2.00 100 85 85 200.00 Review / Revise Charts @1 00% CD 2.00 100 4.00 85 85 540.00 Telephone Meetings & Conversations 2.00 100 85 85 200,00 Contingency 2.00 100 85 85 200,00 . OPI Oversight & Integration 100 85 16.00 85 1,360,00 Note: Presenations after Staff and Public Scoping to be in conjunction with architectural team visit. I Note: Additional Service Focus: New technology implementation ; I 1 I I 1 :- e TOTAL AMOUNT - THIS REQUEST $8,840.00 AS01-1 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES FEE BREAKDOWN Project: Bozeman Public Library - Fundraising Assistance Project No: 0226.02 Date: June 20,2002 .... .::.1:::....:... .:.<:1/..) . ..// ...../:;.... ..:<:1<:................:....../1.:::: ..i://.. I... I............~. m I 1/::/::: Item,..II.lJ -il' ~ -0 c: I ro < I*:ll(~ ; .1* "* Q) I :9 0::: I/.~::<: ~ .0 a... :::l 0 0::: ) I:..C (f) '"' Image Boards brochure 2.00 210 8.00 80 70 100 1,060.00 Concept Design brochure 2.00 210 8.00 80 70 I 100 1,060.00 Main Street rendering 210 80 70 40.00 100 4,000.00 Display model 8.00 210 40.00 80 80.00 70 100 10A80.00 3-D animation 210 80 120.00 70 I 100 8 AOO. 00 11" x 17" brochure 24.00 210 40.00 80 20.00 70 100 9,640.00 1 . : , I 1 , 1 I I I , . TOT AL AMOUNT - THIS REQUEST $34,640.00 AS02-1 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES FEE BREAKDOWN Project: Bozeman Public Library - Community Presentations and Public Integration Project No: 0226,03 Date: June 20, 2002 ........................?.!::.::!:.:.:.. r?' ,.<............I? 1 .?'::I?! ............... ....,.?<I. [!::<<Q3" ...:I:':iii'i!i!!:.':.? , I!!? ....:.... I........ ". ......:..II<!!:!::!'.:.'! > ,..........:.........<.... ............,...... ....... ........,............. ...ii?i:.... ~ .3 16 ~:.j~'~ a. '13 ~ c .9 I~e~i:i;:ii!ii!.:i.:. II.. <( $ 'C 2 a.. ..0 !:i~ (l) <( (l) ::J 0:: -. a::: CI) Prep CD charrette mat's 16.00 210 8.00 80 8.00 100 4,800.00 Conduct CD charrette" 8.00 210 4.00 80 4.00 100 2,400.00 Prep SD charrette mat's 16.00 210 8.00, 80 8.00 100 4,800.00 Conduct SO charrette" 8.00 210 4.001 80 4.00 100 2,400.00 Website assistance 210 40.00' 80 100 3,200.00 . . I , ! , "assumes two OPI principals at charrette for four hours . , , , , , I , , , . 1 : I - , TOTAL AMOUNT - THIS REQUEST $17,600.00 AS03-1 Bozeman Public Library Attachment No.2 ADDITIONAL SERVICES FEE BREAKDOWN Project: Bozeman Public Library - LEED Version 2.0 Certification rating (26-32 POints) Project No: 0226.04 Date: June 20, 2002 .'::'" I'i:::::i:ii:i,:,\ ii .... 1.\..,.,. ii . \,'i' ......,....,.,,:\\\.,. ~\\i:'. "\', :::n .,.., ....,.......'\..,.,' ..\,... IU 'iiii'iiiiiiiiiliilii,lillil!i!ililiiiiilil'I': r: ".1',...,... ".,' alvl! .'11\. ~......,..,. I .$ u.".""\". 10) 0:: ~ ro ~ ro <- I.'..'/l, Item: .........." 0:: 1\\,,9.,.\: 1,:\"....0:: ,..,... , .. Register project 1.00 210 80 200 75 ! 80 210,00 Develop strategies 16.00 210 4.00 80 2.00 200 4.00 75 4.00! 80 4,700.00 Set up notebooks 210 4.00 80 200 75 - 80 320.00 Write project narrative 8.00 210 80 200 75 80 1,680,00 Complete/update scorecard 4.00 210 80 200 75 80 840,00 Complete application form 2.00 210 80 200 75 80 420.00 Notebook documentation 24.00 210 40.00 80 8.00 200 60.00 75 8.001 80 14,980.00 Provide guidelines for spec's 8.00, 210 80 200 75 , 80 1,680.00 Review const. Documents 16.00' 210 16.00 80 200 75 , 80 4,640,00 Coor. Of application review 8.00. 210 80 200 75 , 80 1,680.00 , i I I I I ! . I I i I , I ! I I , I , I ! I I I I OTAL AMOUNT - THIS REQUEST $31,150.00 AS04-1 Bozeman Public library Attachment NO.2 "l. ID _ ~,,"'~' I" ! -= ~ ~,..~ ~~ a.. .':'"II::':I:.,..., ...".,..."..,.".""I.'" Ii! "'I"'II,t 21"'''''',,'i''i:~ ..: .~ ell '..'..rt .I.. U5 .l::"'l:ll~'ll.. 2 .i'l:::~ a: ell .. .,...: ell Item: .."., ,IO ~ 5 ~ 0;: Register project 1.00 210 80 200 75 80 210.00 Develop strategies 20.00 210 4.00 80 2.00 200 8.00 75 4.00 80 5,840.00 Set up notebooks 210 4.00 80 200 75 80 320.00 Write project narrative 10.00 210 80 200 75 80 2,100.00 Complete/update scorecard 4.00 210 80 200 75 80 840.00 Complete application form 4.00 210 80 200 75 80 840.00 Notebook documentation 32.00 210 56.00 80 8.00 200 80.00 75 8.00 80 19,440.00 Provide guidelines for spec's 12.00 210 80 200 75 80 2,520.00 Review const. Documents 20.00 210 16.00 80 200 75 80 5,480,00 Coor. Of application review 8.00 210 80 200 75 80 1,680.00 , I I I I I " , " " I I I " " I " i " I 1 " I I " I I I eOTAl AMOUNT - THIS REQUEST $39,270.00 AS04-2 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES FEE BREAKDOWN Project: Bozeman Public Library - Program Verification Project No: 0226.01 Date: June 21, 2002 I I , I i':~~i:!!!!!:I:I . . '..,:.,: t ;,;11....::.. ...... i I':i!'!"ii'i": ..... ..c .. l~iI.'il: . ....... .I . .. ... _~..I ~ . . . . ' II , , ~ I i ~ I , ' i ii' II. . . . <{ 3" ~il "0 19 iiiil!~~I~~:::'::I ,....~~. ....:I::i:~:~~II!I:..., L.. .9 a.. Q) a:: ' II ~ ro ;0 ::J <{ 0 0:::: CI) ....,..... ...., Staff Scoping and Program Review 16.001 100 85 85 1,600.00 Publish revisions to Program 8.00 100 85 85 800.00 Public Scoping and Program Review 16.001 100 85 85 1,600.00 Publish revisions to Program 8.00 100 85 85 800,00 Prep. Of Program Tracking Charts 4.001 100 85 85 400.00 Review / Revise Charts @100% SD 4.00 100 2.00 85 85 570.00 Staff & Public Presentation 2.00 100 85 85 200,00 Review / Revise Charts @1 00% DO 2.001 100 2.00 85 I 85 370,00 Staff & Public Presentation 2.001 100 85 , 85 200,00 Review / Revise Charts @100% CD 2.001 100 4.00 85 85 540.00 Telephone Meetings & Conversations 2.00, 100 . 85 85 200.00 Contingency 2.00 100 , 85 85 200.00 . OPI Oversight & Integration 100 I 85 16.00 85 1,360.00 Note: Presenations after Staff and Public Scoping to be in conjunction with architectural team visit. I , Note: Additional Service Focus: New technology implementation , , I , , I I , . - TOTAL AMOUNT - THIS REQUEST $8,840.00 AS01-1 Bozeman Public Library Attachment No.2 e ADDITIONAL SERVICES FEE BREAKDOWN Project: Bozeman Public Library - Fundraising Assistance Project No: 0226.02 Date: June 21,2002 ... .. ,...,..,....."........,........,...., .... ."...."."li."i""""....'''.'.''I'''._ ,~ ~ ~ .... m m ..,...i --l --l ..,.....",,,,,,,,.,.... ......ii"i'..'..'i" ';.c: ",,,,, .,..........,,,,.. -->... " _'J ;*~~~.~ .I'~_ ~ (L co I. (L'*i I (L*ili'li'!'i'!!"""J''''''~ I ...... :j ;)m~ 0 0:::: 0 <".0:;;' I Oll>'!.i 0::1 - (/) Image Boards brochure 2.00 I 210 8.00 80 70 100 1,060.00 Concept Design brochure 2.00i 210 8.00 80 70 I 100 1,060.00 Main Street rendering 210 80 70 40.00. 100 4,000.00 Display model 8.00. 210 40.00 80 80.00 70 100 10,480.00 3-D animation 210 80 120.00 70 100 8,400.00 11"x17" brochure 24.00 210 40.00 80 20.00 70 100 9,640.00 I I I I I ~ I ! I , , i I I i I I i I I i ! I I I e TOTAL AMOUNT - THIS REQUEST $34,640.00 AS02-1 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES FEE BREAKDOWN Project: Bozeman Public Library - Community Presentations and Public Integration Project No: 0226.03 Date: June 21, 2002 ,"" , "i,' 'i ,;ii;;'i;, ";,;,,,i';;;' ~ =' '~ ";';;;;';';;';";i;;;;';';'" """ l ,:!~~1If rJt !,,~,tll ~. ~ ~ a. Q) Q)'c ,',; ..... ..... a. ;',,'" a. ro a. ro ~ ~ Item: 0 0:: 0 0::; --, 9 ~ii I (f. Prep co charrette mat's 16.00 I 210 8.00 80 8.00 100 I 4,800.00 Conduct CD charrette* 8.00 210 4.00 80 4.00 100 2,400.00 Prep SO charrette mat's 16,00 210 8.00 80 8.00 100 4,800.00 Conduct SO charrette* 8,00 210 4.00 80 4.00 100 2,400.00 Website assistance 210 40.00 80 100 3,200.00 . ; *assumes two OPI principals at charrette for four hours i I , I I I , I I I I I I I , . TOTAL AMOUNT - THIS REQUEST $17,600.00 AS03-1 Bozeman Public Library Attachment NO.2 , , ADDITIONAL SERVICES FEE BREAKDOWN ProJect: Bozeman Public Library - LEED VerSion 2.0 Certification rating (26-32 POints) Project No: 0226.04 Date: June 21, 2002 ............ ...)..........)...I:;llllllllillll,!IIIIII'II'.iillllliIlilli. '-- ..... .... .' Q) ...i),....... - i:;:; ..... "'i..','I. .~ .;I'ii'lll'i!ili ilI' 1 i:; l:;iliI Q) i............,...,...),.,.,. en > c :3. .. IIIII!II!!I!!llilll!II!IIII!I!III!!!I!III!I!1111111111ill!!ill'IIII!I!!!IIIIIIII!lliiiii:;I!lli!llllil!l!ii w li:;i:;illiilliliII'. ~" I' Iii . '-- 'I). ,... ~ ' .... .\Q )ri. ..c c c7ji .......... Ii.)............ - = ~ Q) J13 ." I 2 <( 2 2 (f) Q) ......,. .9 .. w (f) 2 .0 ~ 0 co 0... co 5: co u 10 w co ::J Item; a::: 0 a::: Cl a::: <( a::: <( a::: (f) Register project 1.00 210 80 200 75 80 210.00 Develop strategies 16.00 210 4.00 80 2.00 200 4.00 75 4.001 80 4,700.00 Set up notebooks 210 4.00 80 200 75 80 320.00 Write project narrative 8.00 210 80 200 75 80 1,680.00 Complete/update scorecard 4.00 210 80 200 75 80 840.00 Complete application form 2.00 210 80 200 75 80 420.00 Notebook documentation 24.00, 210 40.00 80 8.00 200 60,00 75 8.00 80 14,980.00 Provide guidelines for spec's 8,00 210 80 200 75 80 1,680.00 Review const. Documents 16,00 210 16.00 80 200 I 75 80 4,640.00 I Coor. Of application review 8.00 210 80 200 75 80 1,680.00 I I i I , I I , I I , I , , I I . i I I ; I , i T I , . , i I OTAL AMOUNT - THIS REQUEST $31,150.00 AS04-1 Bozeman Public Library Attachment NO.2 111'llliilllillllll:""'" """""""",1"" ,""" 1i3 ""'", ",' """,""""""" "', OJ ) """"", "i:","1 ,1'iiiilii'li,iiiil'iiiiiil',li" - c:: "51 """""",',' i':""i"""i'ii"illillllilllliilllii"i' .,....: c:: e I,] ~ w l- n. 0 l,i',llli,"'," ,"':'" ",l!;E "'"""""" ""'i"li"II:,,,I,iililllilliliiiiiii'illlliiiilliil'i"~ y- " ~. ,t:: OJ (jj OJ (j) OJ OJ ...... 10 w 10 en ...... .0 () W co :J ItefTI,:' ' (5 I a::: <.( 0::: <.( a::: en Register project 1.00 210 80 200 75 80 210.00 Develop strategies 20.00 210 4,00 80 2.00 200 8.00 75 4.00, 80 5,840.00 Set up notebooks 210 4.00 80 200 75 80 320.00 Write project narrative 10.00 210 80 200 75 80 2,100.00 Complete/update scorecard 4.00 210 80 200 75 --;- 80 840.00 Complete application form 4.00 210 80 200 75 , 80 840.00 Notebook documentation 32,00 210 56.00 80 8.00 200 80.00 75 8.001 80 19,440.00 Provide guidelines for spec's 12.00 210 80 200 75 I 80 2,520,00 , Review const. Documents 20.00 210 16.001 80 i 200 75 80 5,480,00 Coor. Of application review 8.00 210 i 80 , 200 , 75 80 1,680,00 I I , i I , I I I I I i , .OTAL AMOUNT - THIS REQUEST $39,270.00 AS04-2