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HomeMy WebLinkAbout2014 City Park Entrance Signs: Intrinsik Standard Form of Agreement e - '�/AIA Document B105TM - 2007 Standard Form of Agreement Between Owner and Architect for a Residential or small Commercial Project AGREEMENT made as of the Fifth day of June in the year Two Thousand Fourteen (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Nance, legal status, address and other information) completion.The author may also have revised the text of the original City of Bozeman AIA standard form.An Additions and Bozeman Parks Department Deletions Report that notes added P.O.Box 1230 information as well as revisions to the Bozeman,Montana 59771 standard form text is available from Telephone Number:406.582.2290 the author and should be reviewed.A Fax Number:406.582.2292 vertical line in the left margin of this document indicates where the author and the Architect: has added necessary information (Name, legal status, address and other information) and where the author has added to or deleted from the original AIA text. Intrinsik Architecture,Inc. This document has important legal I I I North Tracy Avenue consequences.Consultation with an Bozeman,Montana 59715 attorney is encouraged with respect Telephone Number:406.582.8988 to its completion or modification. Fax Number:406.582.8911 State or local law may impose requirements on contracts for home for the following Project: improvements.If this document will (Name, location and detailed description) be used for Work on the Owner's residence,the Owner should consult CPS-CITY PARKS SIGNAGE local authorities or an attorney to The project consists of creating standard park identification signage for Bozeman city verify requirements applicable to this parks. The current plan is to construct and install 5 signs annually.The design will be Agreement. similar to,and adapted from,the existing park signage located in Sandan and Matthew Madison parks in the Cattail Creek neighborhood. Signage graphic design is not included in this scope of work and will be provided by the Owners consultant,Massive Studios or as otherwise selected.The signs will be located at 5 initial locations as follows; Swim Center, Lindley Park,East Gallatin Recreation Area, Softball Complex and Beall Park The Owner and Architect agree as follows. AIA Document 13105rm—2007(formerly B166T —1993).Copyright©1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING: Init. This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document, .� or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This t document was produced by AIA software at 10:31:24 on 06/06/2014 under Order No.4522302548_1 which expires on 02/26/2015,and is not for resale. User Notes: (1244881718) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care.The Architect shall assist the Owner in determining consulting services required for the Project.The Architect's services include the following consulting services,if any: Construction Documents(CD)—Upon the Owner's approval the project will be developed with the Owner into a set of general drawings and specifications setting forth the requirements for fabricating and assembling the sign project. Coordination with the Owners graphic consultant is included.The documents will be used for filing submittals for regulatory approval if applicable and for constructing the project. I Construction Administration(CA)—During Construction the Architect shall advise and consult the Owner as requested and respond to questions and clarifications from the Contractor. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives,schedule,constraints and existing conditions of the Project,and shall establish a budget that includes reasonable contingencies and meets the Project requirements.The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project.The Architect shall be entitled to rely on the accuracy and completeness of the Owner's information. The Owner shall furnish consulting services not provided by the Architect,but required for the Project,such as surveying,which shall include property boundaries,topography,utilities,and wetlands information;geotechnical engineering;and environmental testing services.The Owner shall employ a Contractor,experienced in the type of Project to be constructed,to perform the construction Work and to provide price information. ARTICLE 3 USE OF DOCUMENTS Drawings,specifications and other documents prepared by the Architect are instruments of the Architect's service and are for the Owner's use solely with respect to this Project.The Architect shall retain all common law,statutory and other reserved rights,including the copyright.Upon completion of the Project or termination of this Agreement,the Owner's right to use the instruments of service shall cease.When transmitting copyright-protected information for use on the Project,the transmitting party represents that it is either the copyright owner of the information,or has permission from the copyright owner to transmit the information for its use on the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination,suspension or abandonment of the Project by the Owner,the Architect shall be compensated for services performed.The Owner's failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days'written notice if the Project is suspended for more than 90 days,or if the other party substantially fails to perform in accordance with the terms of this Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the place where the Project is located.Terms in this Agreement shall have the same meaning as those in AIA Document Al05 2007,Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project.Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or the Architect. The Architect and Architect's consultants shall have no responsibility for the identification,discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials in any form at the Project site. ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect's Compensation shall be: AIA Document B105Tm—2007(formerly B156——1993).Copyright©1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING: Init. This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document, z or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This / document was produced by AIA software at 10:31:24 on 06/06/2014 under Order No.4522302548_1 which expires on 0212612015,and is not for resale. User Notes: (1244881718) Time and Materials(T&M)at the Architect's Hourly Billing Rates estimated as follow:Construction Documents T&M Estimate-$750 Construction Administration T&M Estimate-$250 Ongoing Consulting T&M Estimate—As Requested/TBD The Owner shall pay the Architect an initial payment of Zero Dollars and Zero Cents($0.00)as a minimum payment under this Agreement.The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus Fifteen percent 15.00%). Payments are due and payable upon receipt of the Architect's monthly invoice.Amounts unpaid Thirty-one(31 )days after the invoice date shall bear interest from the date payment is due at the rate of One and one-quarter percent( 1.25 %)monthly, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner,the Architect shall provide services not included in Article 1 for additional compensation. Such services may include providing or coordinating services of consultants not identified in Article 1;revisions due to changes in the scope,quality or budget; evaluating changes in the Work and Contractors'requests for substitutions of materials or systems;and services not completed within Twelve( 12)months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions of other services and modifications to the terms of this Agreement.) lntrinsik Architecture,Inc,2014 Hourly Billing Rates This Agreement entered into as of the day and year first written above. 4gnNER ARCH ature) (Sig w ) Thom White, Superintendent of Parks and Cemetery Rob rt J. Per bo Principal (Printed name and title) (Pr* led nar d title) AIA Document B1051"—2007(formerly B155T"—1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING: [nit. This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAII Document, 3 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This t document was produced by AIA software at 10:31:24 on 0 610 6/2 01 4 under Order No.4522302548_1 which expires on 02/26/2015,and is not for resale. User Notes: (1244881718) 0 in � r : nsiH 0 A R C H I T E C T U R E Intrinsik Architecture, Inc. 2014 Hourly Billing Rates are as follows: Principal $150.00 per hour Senior Architect $145.00 per hour Architect $110.00 per hour Senior Project Manager III $110.00 per hour Project Manager II $95.00 per hour Project Manager 1 $85.00 per hour AIT III $75.00 per hour AIT II $65.00 per hour AIT 1 $55.00 per hour Clerical $40.00 per hour Principal Planner $150.00 per hour Senior Planner $110.00 per hour Planner III $90.00 per hour Planner 11 $75.00 per hour Planner 1 $60.00 per hour Sincerely, Tad Tsukamoto, Principal Intrinsik Architecture, Inc.