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Home My WebLink About02- Public Library & Overland Partners Inc.; Bozeman Public Library - Architect's Services Agreement ......_-,.,., ---- 1997 Edition - Electronic Format >. AlA Document 8141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect So Services This document has important legal consequences. Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1.1 INITIAL INFORMATION AUTHENTICA TION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAYBE 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 (In words, indicate day, month and year) 4TWEEN the Architect's client identified as the Owner: ame, address and other infoonation) I" ozeman Public Library 220 East Lamme Street Bozeman. Montana 59715 and the Architect: (Name, address and other infoonation) Overland Partners Inc. 612 East Main Street. Suite A Bozeman. Montana 59715 ~.. For the following Project: (Include detailed description of Project) The new Bozeman Public Library to be located at the City of Bozeman property on the ..~ ,... south side of East Main Street located iust west of and adiacent to Lindley Park. The ............;.... - project is prot;.lrammed at approximately 49.000 t;.lross sQuare foot as delineated in the Owner's Needs Assessment and Building Program. @ 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 N.W. 1.1.1 This Agreement is based on the following information and assumptions. Washington, D.C. 20006-5292 (Note the disposition for the foHowing items by inserting the requested infoonation or a statement such as "not applicable," "un1cnown at time of execution" or '~o be deteonined later by mutual agreement. ") Not applicable. C> 1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, C> 1997 by The Amencan .titute 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 .. .st':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: bl41-opi.ala -- 6/21/2002. AlA License Number 1001042, which expires on 1113012002. 1 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: . (Identify or describe, if appropriate, proposed use or goals.) As described in the Needs Assessment and Buildina Proaram. which is dated March 1999. and was prepared by David :R. Smith. 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other peJtinent infonnation, such as geotechnical reports about the site.) As described in the Needs Assessment and Building Proaram. which is dated March 1999. and was oreoared by David R. Smith. 1.1.2.3 The Owner's Program is: This document has important legal (Identify documentation or state the manner in which the program will be developed) consequences. Consultation with an As described in the Needs Assessment and BuildimJ ProQram. which is dated March attorney is encouraged with respect to 1999. and was prepared by David R. Smith. its completion or modification. AUTHENTICA TION OF THtS 1.1.2.4 The legal parameters are: ELECTRON/CAll Y DRAFTED AlA DOCUMENT MAYBE MADE BY USING (Identity peJtinent legal infonnation, including, if appropriate, land surveys and legal descriptions and restrictions of AlA DOCUMENT 0401. the site.) The 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: undetermined 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 the Architect's compensation, is: $7.311.000 for buildinQ and site costs and $980.000 for the FurnishinQs and Equipment costs. . 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) The ProQram Verification and Site Analysis Phases to commence in June 2002 with the Construction Documents Phase being completed by August 5. 2003. The beQinning of the construction shall be determined later by mutual consent with the Owner. This schedule assumes timely responses and no work stoppages by the Owner during the non-construction phases of the Project. 1.1.2.7 The proposed procurement or delivery method for the Project is: - (Identity method such as competitive bid negotiated contract, or construction management.) ~.. Competitive bid or CM at Risk. to be determined later by mutual consent with the Owner. .... i'" 1.1.2.8 Other parameters are: -........~- (Identity special characteristics or needs of the Project such as energy, environmental or historic preservation - requirements.) The project shall be desianed to achieve a LEED ratinQ commensurate with the @ 1997 AIA@ Project Budget if and when the Owner aives the Architect notice-to-proceed with the AlA DOCUMENT 8141 - 1997 Additional Services described in Paragraph A.2.4 of Attachment No.2. The STANDARD FORM AGREEMENT restoration 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: (List name, address and other infonnation.) City of Bozeman Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 10 1997 by The Amencan 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 11/3012002. 2 James Goehruna 20 East Olive . Bozeman. Montana 59715 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other infonnation.) Bozeman Public Library Alice Meister 220 East Lamme Bozeman. Montana 59715 Library Board of Trustees This document has important legal consequences. Consultation with an Brenda Davis. Chair attorney is encouraged with respect to 220 East Lamme its completion or modification. Bozeman. Montana 59715 AUTHENTICATION OF THIS ELECTRONIC ALL Y DRAFTED AlA 1.1.3.3 The Owner's other consultants and contractors are: DOCUMENT MAYBE MADE BY USING (List discipline and ifknown. identify them by name and address.) AlA DOCUMENT 0401. David R. Smith. Library Consultant 130 Holly Road Hopkins. Minnesota 55343 1.1.3.4 The Architect's Designated Representative is: (List name, address and other infonnation.) Mark B. Headley. AlA Overland Partners Inc.. Princioal-in-Charae 612 East Main Street. Suite A Bozeman. Montana 59715 . 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, ifknown, identify them by name and address.) Library Design Consultant Johnston Architects 3503 NE 45th Street. Suite 2 Seattle. Washington 98105 Civil and Structural EnQineering Allied EngineerinQ Services. Inc. 32 Discovery Drive Bozeman. Montana 59718 ~.. Mechanical and Electrical Engineering Associated Construction Engineering. Inc. .... ... 12 North Broadway -........;.... Belgrade. Montana 59714 - @ 1997 AIA@ Landscape Architect and Site Design AlA DOCUMENT 8141 - 1997 Desian Workshoo STANDARD fORM AGREEMENT 36 East Broadway. 3rd Floor The American Institute of Architects Jackson. Wyoming 83002 1735 New York Avenue N.W. Interior Design Washington, D.C. 20006-5292 Laura A. Fedro Interiors 40 East Main. Suite 4 Cl 1917. 1926. 1948. 1951, 1953, 1958. 1961, 1963. 1966. 1967, 1970, 1974. 1977, 1987, Cl 1997 by The Amencan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions tlihout 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 -- 6/2112002. AlA License Number 1001042, which expires on 11/30/2002. 3 Bozeman. Montana 59715 Cost Estimation Busby & Associates. Inc. . 2470 Gray Falls. Suite 250 Houston. Texas 77077 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 Agreement, er as fellews: consequences. Consultation with an attorney is encouraged with respect to 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the its completion or modification. Owner and Architect in determining the Architect's compensation. Both parties, however, AUTHENTlCA TION OF THIS recognize that such information may change and, in that event, the Owner and the Architect ELECTRON/CALL Y DRAFTED AlA DOCUMENT MAYBE 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 15 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 in Paragraph 1.1.3 shall be ~.. authorized to act 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 submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. .... ...- 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 @ 1997 AIAC!!l services are requested by the Architect and are reasonably required by the scope of the Project. AlA DOCUMENT 8141 - 1997 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, STANDARD FORM AGREEMENT inspections and reports required by law 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 services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. o 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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 1113012002. 4 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in . the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4- 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 AUTHENTICA TION OF THIS cause, be exceeded by the Architect or Owner. The maior milestones for the non- ELECTRON/CALL Y DRAFTED AlA construction phases to be as follows: Site Analysis and Program Verification to be DOCUMENT MAYBE MADE BY USING completed by August 5. 2002. Concept Design to be completed by October 7.2002. AlA DOCUMENT 0401. Schematic Design to be completed by December 2. 2002. Design Develooment to be completed by March 3. 2003. and Construction Documents to be completed by August 5. 2003. The Bidding/Negotiation Phase and the Contract Administration Phase to be determined at a later date by mutual consent with the Owner. This schedule assumes timely resoonses and no work stoooaaes bv the Owner during the non-construction chases of the Proiect. The oroposed schedule is contingent upon the Owner givinQ the Architect notice-to-oroceed with an executed contract by June 14.2002. and completina their review of all maior submittals within two weeks except for the Construction Documents submittal. which shall be comoleted 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. The 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 activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. w. .... -........... 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 8141 - 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 written 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 N.W. services or information. Washington. D.C. 20006.5292 ARTICLE 1.3 TERMS AND CONDITIONS Cl 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, Cl 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 11/3012002. 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 extent the 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 market rates 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 document has important legal 1.3.1.3 The 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 THIS ELECTRONICALL Y DRAFTED AlA 1.3.2 INSTRUMENTS OF SERVICE DOCUMENT MAYBE MADE BY USING 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, AlA 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 Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.).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 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 ..... i.... reproduce applicable portions of the Instruments of Service appropriate to and for use 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 @ 1997 AIA@ connection with the Project is not to be construed as publication in derogation of the reserved AlA DOCUMENT 8141 - 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 173S 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 to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Cl 1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, Cl 1997 by The Amencan 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. 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 Agr-eement. 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 Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. 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 required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no This document has important legal obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in 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 1.3.9.2 and Paragraph 1.5.5. its completion or modification. AUTHENTICATION 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 DOCUMENT MAYBE MADE BY USING 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 perfonnance on the part of the Owner or the Owner's consultants or contractors; . .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 infonnation contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. ~.. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American ...~ ,... -.......;.... Arbitration Association currently in effect. Request for mediation shall be filed in writing with - the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, @ 1997 AIA@ mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall AlA DOCUMENT 8141 - 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. Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, Cl 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 11130/2002. 7 1.3.5 ARBITRA TION . 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement sftaJl may be subject to 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 document has important leBal 1.3.5.3 A SemaRQ reauest for arbitration shall be made within a reasonable time after 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 semans request for its completion or modification. arbitration be made after the date when institution of legal or equitable proceedings based on AUTHENTICATION OF THIS such claim, dispute or other matter in question would be barred by the applicable statute of ELECTRON/CALL Y DRAFTED AlA limitations. DOCUMENT MAYBE MADE BY USING AlA DOCUMENT 0401. 1.3.5.4 No arbitration arising out of or relating to 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 arbitration 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 entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. . 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 CONSEOUENTIAL 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 ~.. 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect Owner, unless otherwise provided in Paragraph 142. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA ... ,.... -......;..... Document A20l, General Conditions of the Contract for Construction, current as of the date of - this Agreement. @ 1997 AIA@ 1.3.7.3 Causes of action between the parties 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. <0 1917, 1926, 1948. 1951. 1953, 1958. 1961. 1963, 1966, 1967, 1970, 1974, 1977, 1987, <0 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 .. 6121/2002. AlA License Number 1001042, which expires on 11/3012002. 8 1.3.7.4 :fa 4Be ~ aamages -iHe E9VeFea -By 13Fs13eny inSYFIHu:e -tktfiflg COft9tNEtisft, 4Be- GwaeF ..aaQ 4Be Ar-chitect -waive -aD -flghts .against ~ -ethef -tHltl ~ 4Be ElSIKFaEtSl'S,- . consl:lltants, -ageBts -ilfl4 employees -ef4Be-etflef..fef damages, -eEEel*-sueft-flghts-as4ey-may- fttwe -to 4Be proceeds -ef -sueft iftsl:lraftee -as -set: -fefHt -ia 4Be -eQiHea -ef -AlA DSEl:lment ~. CeBefal CSBaitisB5 of the CSRtfaet for CSRstfllEtiSft, Ell:lHeIK as sf the date of this i\gfeement. The Owfter sr the i\rehiteet, as a1313fS13nate, shalll'el'J:l:lire sf the esAtFllEtSl'S, ESRSl:lltants, agcRts aHa em13lsyees sf aay sf them similar ""alveI'S iR fIR'sr sf 1:Re s1:Rer 13lH'ties eBl:lmef&ted hel'eiR. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's This document has important legal consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the consequences. Consultation with an attorney is encouraged with respect to Project site. its completion or modification. AUTHENTICA TlON OF THIS 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of ELECTRONICALL Y DRAFTED AlA the design of the Project among the Architect's promotional and professional materials. The DOCUMENT MAYBE MADE BY USING Architect shall be given reasonable access to the completed Project 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 Jlarty with respect to all covenants of this Agreement. Neither the Owner nor the Architect sh assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing fmancing 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 ~.. Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect'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 sewB 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 @ 1997 AIA@ Architect shall be paid all sums due prior to suspension and any expenses incurred in the AlA DOCUMENT 8141 - 1997 interruption and resumption of the Architect's services. The Architect's fees for the remaining STANDARD FORM AGREEMENT services and the time schedules shall be equitably adjusted. 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 to notice of such suspension. Washington. D.C. 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. Cl 1917. 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <<) 1997 by The Amencan 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 If 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 tenninated by either party upon not less than se>ieft fifteen days' written notice should the other party fail substantially to perfonn 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. Consultation with an compensated for services performed prior to termination, together with Reimbursable Expenses attorney is encouraged with respect to then due and all Tennination Expenses as defined in Subparagraph 1.3.8.7. its completion or modification. AUTHENTICATION OF THIS 1.3.8.7 Termination Expenses are in addition to compensation for the services of the ELECTRONIC ALL Y DRAFTED AlA Agreement and include expenses directly attributable to tennination for which the Architect is DOCUMENT MAYBE 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 directly related to the Project if approved 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 fonn 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 excess of that nonnally carried by the Architect and the Architect's consultants; ..... .... .7 reimbursable expenses as designated in Paragraph 1.5.5; .... ~ . _ . ii.. . .... ,.. .8 other similar direct Project-related expenditures. - @ 1997 AIA@ 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and AlA DOCUMENT 8141 - 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 The American Institute of Architects times. 1735 New York Avenue N.W. 1.3.9.4 Direct Personnel Expense is defmed as the direct salaries of the Architect's personnel Washington. D.C. 20006-5292 engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory () 1917. 1926. 1948, 1951, 1953, ]958, 1961, ]963, ]966, 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 date of expiration as noted below. expiration as noted below. User Document: bl41-opi.aia -- 6/2112002. AlA License Number 1001042. which expires on 11/3012002. 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 represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 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 BI41-1997, or as fellows: its completion or modification. (List other documents, if any, delineating Architect s scope of services.) AUTHENTICA TlON OF THIS ELECTRON/CALL Y DRAFTED AlA 1.4.1.3 Other documents as follows: DOCUMENT MAYBE MADE BY USING (List other documents, if any, fanning part of the Agreement.) AlA DOCUMENT 0407. AlA Document A201. General Conditions of the Contract for Construction. current as of the date of this Agreement. See Articles 1.1.5 and 2.6.1.1. Attachment NO.1. which includes the Architect and Engineer Hourly Rate Schedules. Attachment No. 2. which describes other Additional Services that may be requested by the Owner. 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: . 1.4.2.1 The Architect. Civil Engineer. Structural Engineer. Mechanical Engineer and Electrical Engineer shall carry Professional Liability Insurance (PL) and Commercial Liability Insurance (CGL) Insurance in not less than the amounts shown below: Discipline PL-per claim PL-ann. agg. CGL-per claim CGL-ann. agg. Architect $1.000.000 $1.000.000 $1.000.000 $2.000.000 Civil Engineer $1.000.000 $1.000.000 $1.000.000 $2.000.000 Structural Ena. $1.000.000 $1.000.000 $1.000.000 $2.000.000 Mechanical Eng. $1.000.000 $1.000.000 $1.000.000 $2.000.000 ~.. Electrical Eng. $1.000.000 $1.000.000 $1.000.000 $2.000.000 .... .... A certificate of insurance as evidence of coveraQe will be required from each firm and -.......;.- - submitted to the City. The City of Bozeman will be named as Additional Insured. The @ 1997 AIA@ City will be provided with certificates of insurance with a 30 day notice of cancellation. AlA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT 1.4.2.2 The Design Professional aarees. to the fullest extent oermitted by law. to The American Institute of Architects indemnity. defend and hold the Client harmless from damaaes and losses arising 1735 New York Avenue N.W. from the negligent acts. errors or omissions of the Design Professional in the Washington, D.C. 20006-5292 Derformance of Professional services under this Agreement. to the extent that the Desion Professional is responsible for such damages and losses on a comparative basis of fault and responsibility between the Design Professional and the Client or any Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 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 11130/2002. 11 .... .,.,---_. .-,.-".,.-- other oersons having fault or responsibility. The Desi(~m Professional is not obliQated to indemnify the Client for the Client's own neoliQence or the negliQence of any other person having fault or responsibilty. . The Client aarees. to the fullest extent permitted by law. to indemnify. defend and hold the Design Professional harmless from any damage. liability or cost (including reasonable attorney's fees and costs of defense) to the extent caused by the Client's negligent acts. errors or omissions and those of his or her contractors. subcontractors or consultants or anyone for whom the Client is legally liable. and arisinQ from the proiect that is the subiect of this Agreement. The Design Professional is not obligated to indemnify the Client in any manner whatsoever for the Client's own neQIiC}ence. This document has important legal consequences. Consultation with an 1.4.2.3 Services provided by the Desion Professional under this Agreement will be attorney is encouraged with respect to its completion or modification. performed in a manner consistent with that degree of care and skill ordinarily AUTHENTlCA TlON OF THIS exercised by members of the same profession currently practicinQ under similar ELECTRON/CALLY DRAFTED AlA circumstances. Upon notice to the Design Professional and by mutual agreement DOCUMENT MAYBE MADE BY USING between the parties. the DesiC}n Professional will correct the Construction Documents AlA DOCUMENT 0401. not meetinQ such a standard without additional compensation. 1.4.2.4 No waiver of any breach of anyone of the aQreements. terms. conditions or covenants of this agreement by the Owner or Architect shall be deemed to imply or constitute a waiver of any other agreement. term. condition or covenant of this aC}reement. The failure of any party to insist on strict performance of any aareement. term. condition or covenantt herein set forth. shall not constitute or be construed as a waiver of the rights of any party thereafter to enforce any other default of such agreement. term. condition. or covenant: neither shall such failure to insist upon strict performance be deemed sufficient arounds to enable any Darty to foreao or subvert or otherwise disregard any other aareement. term. condition or covenant of this Agreement. . 1.4.2.5 If in any instance any provision hereof shall be determined to be invalid or unenforceable under any applicable law. such provision shall not apply in such instances. but the remaining provisions shall be given effect in accordance with their ~ 1.4.2.6 Any notices required or permitted under this Agreement or which any party ~.. elects to give shall be in writinC} and delivered either personally or to intended recipient's authorized aC}ent set forth below (or as chanC}ed by written notice): or by depositing such notice with the United States Postal Service. postage fully prepaid. to .... .... the person at the address set forth below: by Certified Mail. return receipt requested: ....11I. . _ . Ill... . .... ... or to such other address as the oarties may later designate in writing. Any notice - Qiven by mail as herein provided shall be deemed given when deposited in the United @ 1997 AIA~ States mail: AlA DOCUMENT 8141 . 1997 STANDARD FORM AGREEMENT Owner: City of Bozeman The American Institute of Architects Attn: James Goehruna 1735 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, Cl 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 11/3012002. 12 .-- - . --.----.,- ,,,-- ----,----,----,.,,"'._- - 1.4.2.7 This Agreement may be executed in several counterparts. and each such counteroart shall be deemed an original. . 1.4.2.8 In the event any party files suit to enforce their rights under this Agreement. the prevailing Darty shall be entitled to recover their costs and attorney's fees. to include fees. costs. and salary of in-house counsel. from the other party or parties. in addition to any other damages awarded by the court. It is understood and aareed that any suit filed to interpret or enforce any of the provisions of this Agreement shall be filed in the 18th Judicial District Court of the State of Montana. This document has important legal 1.4.2.9 Basic Services shall include: POST CONSTRUCTION PHASE. The Architect consequences. Consultation with an shall review the Proiect aooroximately eleven months after Substantial Completion attorney is encouraged with respect to and shall prepare and transmit to the Owner a written report based on that review its completion or modification. AUTHENTICATION OF THIS listing any items not in accordance with the contract documents. ELECTRONIC ALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING ARTICLE 1.5 COMPENSATION AlA DOCUMENT 0401. 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: T en 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 percentages of the total compensation payable: Schematic Design: fifteen percent (15%) $109.665 Design Development: twenty percent (20%) $146.220 Construction Documents: forty percent (40%) $292.440 Bidding or Negotiation: five percent (5%) $36.555 Contract Administration: twenty percent (20%) $146.220 . Total Compensation: one hundred percent (100%) $731.100 Total Compensation shall be $731.100 based on the initial Cost of the Work budget being $7.311.000 for buildina and site costs as stated in Article 1.1.2.5.2. If the budget for the Cost of the Work is increased or decreased by the Owner at any point during the non-construction ohases of the Proiect. the Total Comoensation shall be adjusted proportionallv as described in Article 1.3.3.2.4 for the current phase and remainina ohases forward. Total Compensation shall not be changed if final bids ~.. come in at plus or minus seven (7%) oereent of the approved budget at the time of biddina. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the .... ...- ...:Ii. . _ .11II... Architect's compensation shall be adjusted. Such adjustment shall be calculated as described . ....... below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable - manner. @ 1997 AIA@ (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Prindpals and employees, AlA DOCUMENT 8141 . 1997 and identify Pn"ndpa/s and classify employees, if required. Identify speci5c services to which particular methods of STANDARD FORM AGREEMENT compensation appJy.) Comoensation shall be based on actual hours spent as described in Suboaraaraph The American Institute of Architects 1.3.3.2. All hours shall be itemized by the Architect and aooroved by the Owner 1735 New York Avenue N.W. before they are accrued. Compensation shall be based on actual hours soent Washington, D.C. 20006.5292 multiolied by the billable rates shown in the attached Architect's and Enaineer's Hourly Rate Schedules in 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 one-tenth ( .1.J. ) times the amounts billed to the Architect for such services. Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, Cl1997 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 -- 612112002. AlA License Number 1001042, which expires on 11130/2002. 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 Reimbursable Expenses, the compensation shall be computed as a multiple of one and one-tenth <.1.,1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: Not applicable. 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants authorized and approved by the Owner as set forth in this Agreement shall be adjusted in accordance with their nonnal salary review practices. h' d ha . I I T: IS ocument s Important e8a . ..' consequences. Consultation with an 1.5.7 An lDltlal payment of Twenty-five Thousand Dollars ($ 25.000 ) shall be made attorney is encouraged with respect to upon execution of this Agreement and is the minimum payment under this Agreement. It shall its completion or modification. be credited to the Owner's account at final payment for the Schematic Desion Phase. AUTHENTICATION OF THIS Subsequent payments for services shall be made monthly, and where applicable, shall be in ELECTRONICALLY DRAFTED AlA proportion to services perfonned on the basis set forth in this Agreement. DOCUMENT MAYBE MADE BY USING AlA DOCUMENT 0401. 1.5.8 Payments are due and payable uoon receiot ( ) eays frsm t::8e elate of the Architect's invoice. Amounts unpaid ~ ( 30. ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate ofinterest agreed upon.) 12% annually. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners and Architect s principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Speci5c legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) . 1.5.9 If the services throu9h the Construction Documents phase covered by this Agreement have not been completed within fiftetm. ( .15. ) 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 in Paragraph 1.5.2. If the services for the biddina and construction phases covered by this Agreement have not been completed within fifteen months of the date of the Owner's notice-to-oroceed with bidding. throu9h no fault of the Architect. extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. _ OWNEI/ef 1f:L (k ~.~ Brenda Davis, Chair, LI . rarv Board -........;.... of Trustees - (Printed name and title) @ 1997 AIAi!l AlA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 173S New York Avenue NW. Washington, D.C. 20006-5292 e 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 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 .. 612112002. AlA License Number 1001042, which expires on 11/30/2002. 14 . This document has important legal consequences. Consultation 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 0401. . ~.. ..... ..... -.......~ - @J 1997 AIA@ AlA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006.5292 Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961. 1963, 1966. 1967, 1970. 1974. 1977. 1987. Cl 1997 by The American .mu,e of A"h ""'", 'e.,odu,ho" 01 ,he m"e,I.1 here;" ~ ,ub","h.1 quo"ho" of It> .,~I,'o", 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 .. 7/812002. AlA License Number 1001042, which expires on 11/3012002. 1S 1997 Edition - Electronic Format . AlA Document 8141 - 1997 Standard Form of Architect's Services: Design and Contract Administration This document has important leBal TABLE 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/CALLY DRAFTED AlA 2.2 SUPPORTING SERVICES DOCUMENT MAYBE 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 MODI FICA TlONS 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 consultants. 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for ..... t'" decisions required of the Owner, design services furnished by the Architect, completion of ..- ~ . - t.... . ..... " documentation provided by the Architect, commencement of construction and Substantial - Completion of the Work. @ 1997 AIA@ 2.1.3 The Architect shall consider the value of alternative materials, building systems and AlA DOCUMENT 8141 - 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 NW. 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. Cl 1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, C> 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 11/3012002. 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 refme 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 AUTHENTICA TlON 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 DOCUMENT MAYBE MADE BY USING recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner AlA DOCUMENT 0401. 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 detennining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does 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 detennine what materials, equipment, component systems and types of construction are 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 geft& -fitie -Bid _ ....i t.... ~......_- responsible bidder or negotiated proposal, the Owner shall: - .1 give written approval of an increase in the budget for the Cost of the Work; @ 1997 AIA@ .2 authorize rebidding or renegotiating of the Project within a reasonable time; 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 Cl 1917, 1926, 1948, 19S1, 1953, 19S8, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, to 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions Chout 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. 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 Unless 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; rights-of-way, restrictions, AUTHENTICA nON OF THIS easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; ELECTRON/CALL Y DRAFTED AlA locations, dimensions and necessary data with respect to existing buildings, other DOCUMENT MAYBE MADE BY USING improvements and trees; 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 time requirements, and the scope of the Project. ...., ,... ARTiClE 2.4 DESIGN SERVICES -........i:" 2.4.1 The Architect's design services shall include normal structural, mechanical and - electrical engineering services. @ 1997 AIA@ 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 American Institute of Architects agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall 1735 New York Avenue N.W. establish the conceptual design of the Project illustrating the 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 Cl 1917, 1926, 1948, 1951, 1953. 1958. 1961. 1963. 1966. 1967, 1970. 1974. 1977. 1987, Cl1997 by The Amencan 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. 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. the Architect shall make a formal presentation of the Schematic Desic~n documents to the Library Building Committee and Board of Trustees. Bozeman City Commission. representatives of the Planning and EnQineering Departments. and other related Library Boards. at times mutually agreeable to each party. 2.4.3 DESIGN DEVElOPMENT DOCUMENTS 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design This document has important leBal Development Documents shall illustrate and describe the refmement of the design of the consequences. Consultation with an Project, establishing the scope, relationships, 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 AUTHENTICA TION OF THIS and systems and establish in general their quality levels. ELECTRONIC ALL Y DRAFTED AlA DOCUMENT MAY 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 Project. Prior to approval of the Documents by the Owner. the Architect shall submit the Construction Documents for the Proiect to the specific agencies in the City of Bozeman administering all aoplicable building codes. reQulations. laws and ordinances concerning construction of the proposed facility. Any cost associated with building permit fees or plan check fees shall be the responsibility of the Owner. Simultaneously. the Architect shall . submit two copies of all Construction Documents to the Owner. The Architect shall. make written reQuest of these agencies for the reQuisite approvals. and any changes necessary to obtain such approval. other than changes necessary to address pre- existing conditions. shall be made by the Architect at the Architect's expense. Specifically. but not all inclusive. the Construction Documents are to be reviewed by the City of Bozeman for compliance to the extent reauired with the building codes. zoning ordinance. and other laws. ordinances. and policies which the City of Bozeman administers. In the event of a decision by any regulatory authority that such Construction Documents do not fully conform to aoolicable building codes. zoning ordinance. or other laws. ordinances or policies. the Owner may have the matter ~.. heard on appeal or review by the appropriate administrative agency or aaencies. 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information ..... ,... -......i:" 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 (General, Supplementary and other Conditions). The Architect also @ 1997 AIA@ shall compile the Project Manual that includes the Conditions of the Contract for Construction AlA DOCUMENT 8141 - 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 1735 New York Avenue N.W. 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated Washington, D.C. 20006-5292 proposals and shall assist the Owner in awarding and preparing contracts for construction. o 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The Amencan 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.ala -- 6/21/2002. AlA License Number 1001042, which expires on 11/3012002. 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 the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify 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 document 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 AUTHENTICATION OF THIS prospective bidders 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 MAYBE 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, General 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 ... ...- -......;.... interviews with prospective contractors. - 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal @ 1997 AIA@ AlA DOCUMENT 8141 - 1997 Documents, 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 NW. 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 e 1917. 1926, 1948, 1951, 1953, 1958. 1961. 1963, 1966. 1967, 1970. 1974, 1917, 1987, Cl 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 11130/2002. 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 A2Ol, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.1.2 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 2.8.2 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. AUTHENTICATION 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 results 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 @ 1997 AIA@ question between the Owner and Contractor as provided in the Contract Documents. AlA DOCUMENT B141 - 1997 However, 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 1735 New York Avenue N.W. 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 Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, e 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 11/3012002. 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 determine in . general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 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 Iesa' 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 encouraged 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 DOCUMENT MA Y BE MADE BY USING 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 matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does 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 soecial insoection or testina are identified or anticipated. the test or tests shall only be accomplished after obtaining the Owner's concurrence and al;Jreement to pay for such work. However, 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 '9. ,... 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 8141 - 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 NW. 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 C> 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, C> 1997 by The Amencan 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 1113012002. 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 ofthe 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 conformance 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, This document has important legal Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the consequences. Consultation with an attorney is encouraged with respect to purpose of determining the accuracy and completeness of other details such as dimensions and its completion or modification. quantities, or for substantiating instructions for installation or performance of equipment or AUTHENTICATION OF THIS systems, all of which remain the responsibility of the Contractor as required by the Contract ELECTRONICALL Y DRAFTED AlA Documents. The Architect's review shall not constitute approval of safety precautions or, unless DOCUMENT MAYBE 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 related 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. If necessary, the Architect shall prepare, reproduce and distribute Drawings and ~.. Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2.8.2. 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or .... .... Contractor for changes in the Work, including adjustments to the Contract Sum or Contract ".Ii ~ . - t II... . "... ... 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 @ 1997 AIA@ without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the AlA DOCUMENT 8141 - 1997 requirements of the Contract Documents, the Architect may issue an order for a minor change STANDARD FORM AGREEMENT in the Work or recommend to the Owner that the requested change be denied. The American Institute of Architects 1735 New York Avenue NW. 2.6.5.3 If the Architect determines that implementation of the requested changes would Washington, D.C. 20Cl06-5292 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 Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, C) 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 11/3012002. 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 SelVices of the Architect. With the Owner's approval, the Architect 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 leBal 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. AUTHENTICA T/ON OF THIS 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated ELECTRON/CALLY DRAFTED AlA Representative to check conformance of the Work with the requirements of the Contract DOCUMENT MAYBE MADE BY USING Documents and to verify the accuracy and completeness of the list submitted 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: (1) 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. eRTICLE 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 selVices. 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 ~. 2.8.1 Design and Contract Administration SelVices beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 up to!w2 (2.) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. ...~ ,..... -........;..... .2 up to one (1) visits per week to the site by the Architect over the duration of - the Project during construction. Coordination meetings with the General @ 1997 AIAl!l Contractor shall averaae twice a month over the course of the AlA DOCUMENT 8141 . 1997 construction ohase. STANDARD FORM AGREEMENT .3 up to 1w2 ( 2.) inspections 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 1w2 ( 2.) inspections observations for any portion of the Work to Washington, D.C. 20006-5292 determine final completion. C> 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963, 1966. 1967, 1970, 1974, 1977, 1987, C> 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. 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 1.3-): . .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 infonnation where such infonnation is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided infonnation, Contractor- prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring 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 AUTHENTICATION OF THIS and making subsequent revisions to Instruments of Service resulting therefrom; ELECTRONICALL Y DRAFTED AlA DOCUMENT MAYBE MADE BY USING .7 preparation of design and documentation for alternate bid or proposal requests AlA DOCUMENT 0401. proposed by the Owner; or .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 (Architect, Owner or Not Provided) Description .1 Programming Owner . .2 Land Survey Services .Qwner: .3 Geotechnical Services Architect (Add. services) See Att. 2 .4 Space Schematics/Flow Diagrams Architect .5 Existing Facilities Surveys .Qwner: .6 Economic Feasibility Studies OWner .7 Site Analysis llaa Seleetisa Architect .8 Environmental Studies and Qwner Reports .9 Owner-Supplied Data Owner Coordination - .10 Schedule Development and Owner and Architect ~.. Monitoring .n Civil Design Architect .12 Landscape and Irriaation Design Architect ... ,.... .13 Interior Design Architect -........;.... - .14 Special Bidding or Negotiation Not required .15 Value Analysis Not required @ 1997 AIM!> .16 Detailed Cost Estimating Architect AlA DOCUMENT 8141 - 1997 .17 On-Site Project Representation Not required STANDARD FORM AGREEMENT .18 Construction Management Not required The American Institute of Architects .19 Start-up Assistance Not required 1735 New York Avenue NW. .20 Record Drawings General Contractor Washington, D.C. 20006-5292 .21 Post-Contract Evaluation Not required .22 Tenant-Related Services Not required .23 Wetland delineation and Owner Cl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966. 1967. 1970, 1974, 1977, 1987, C> 1997 by The Amencan 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-opl.aia -- 6/21/2002. AlA License Number 1001042. which expires on 11/30/2002. 2S remediation .24 . .25 Description of Services. (Insert descn"ptions of the services designated) See Attachment NO.2 for Additional Services that may be requested by the Owner. ARTICLE 2.9 MODIFICA nONS 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 with Disabilities Act (ADA) provides that it is a violation of the. . ADA to desiQn and construct a facility for first occupancy later than January 26. 1993. This document has Impor.tant 1~8a1 . .. .. consequences. Consultation With an that does not meet the accesslblhty and usabhty reaUlrements of the ADA except attorney is encouraged with respect to where an entity can demonstrate that it is structurally imoractical 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 possibly contradictory interpretations. The Design ELECTRON/CALL Y DRAFTED AlA Professional. therefore. will use his or her reasonable professional efforts to interoret DOCUMENT MAY BE MADE BY USING applicable ADA reauirements and other federal. state and local laws. rules. codes. AlA DOCUMENT 0401. ordinances and reaulations as they apply to the proiect. The Desion Professional. however. cannot and does not warrant or guarantee that the Owner's oroiect will comply with interpretations of ADA requirements and/or requirements of other federal. state and local laws. rules. codes. ordinances and regulations as they apply to the proiect. 2.9.1.2 The Architect shall not be required to sign any documents. no matter by whom reauested. that would result in the Architect's having to certify. guarantee. or warrant the existence of conditions whose existence the architect cannot ascertain. The Owner also aarees not to make resolution of any dispute with the Architect or . payment of any amount due to the Architect in any way continQent uoon the . Architect's signing any such certification. 2.9.1.3 The Montana State Board of Architects. P.O. Box 200513. Helena. Montana. 59620-0513. (406)841-2390. has iurisdiction over individuals licensed under the Montana Code Annotated. Chapter 37. Section 65. The Owner will reauire that the Construction Documents be stamped by an Architect registered in the State of Montana. By its execution, this Standard Fonn of Architect's Services: Design and Contract I!!!!!!!!' Administration and modifications hereto are incorporated into the Standard Fonn of . Agreement Between the Owner and Architect, AlA Document B141-1997, that was entered into by the parties", of the dare, June 21. 2002. ~ ~,,: ~ -.."_... &H .. ~{Jv~ @::A@ OWNER (,.",,,=) ARCHI C~ (S" tmr) AlA DOCUMENT B141 " 1997 Brenda Davis, Chair, L~ard / ~ark B. H~ ~, AlA, P~nclpal, STANDARD FORM AGREEMENT of Trustees Overland Partners Inc. /0.: cd d '''.1 /0.: cd and "'.l The American Institute of Architects (Hint namean tJ"e/ (nint name ti"e/ 1735 New York Avenue N.W. Washington, D.C. 20006-5292 @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions tEithout 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. 26 rr" AlA Document B141 - Attachment No.1 _oJ 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, Levell $80/Hr Technician - Level III $80/Hr Technician - Level II $70/Hr Technician - Levell $60/Hr Clerical $50/Hr Student Intern $30/Hr JOHNSTON ARCHITECTS Principal $100/Hr Architect $85/Hr ALLIED ENGINEERING SERVICES, INC. Principal $110/Hr Staff Professional $80/Hr Construction Inspector $65/Hr Field Surveyor $60/Hr Technician $50/Hr . Clerical $40/Hr ASSOCIATED CONSTRUCTION ENGINEERING, INC. Principal $85/Hr 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 $521Hr Junior Cost Estimator $51/Hr Senior Admin Asst. $49/Hr Admin Asst. $28/Hr . END OF ATTACHMENT NO.1 -- ~ A1-1 . AlA Document B 141 - 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 architectural 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. Dellverables: 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 not-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 FUNDRAlSING 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 Street will be used at no cost to the Owner for fundraising meetings by the fundraiser. 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 none, any or all of these optional items. Oeliverables and Tasks: The deliverables tasks for the Fundraising Assistance effort shall be as A2-1 follows: . 1. Image boards (29" x 39") before Concept Design is developed. 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 ofproject 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 presentation(s) 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 below. See fee breakdown for estimated efforts by task on attached Sheet AS02-1. Note: Reimbursable expenses are 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 fee, 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: $10,480. 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 Design public presentation. A2-2 -. ---..-..--.. 4. Prepare materials for Schematic Design public presentation. . 5. Assist Owner with posting information 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 are 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 charrette: $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 Version 2.0 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 the 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 the main liaison with the U.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 Certiflcation rating: $31,150. 2. LEED Version 2.0 Silver rating: $39,270. ARTICLE A.2.5 FURNITURE AND EQUIPMENT Definition: This Additional Service shall 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 49,000 square feet. Furniture and Equipment covered in this effort 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. Oeliverables: 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 fmishes 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 10% 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. If the 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, Inc. 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 of the 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 if required. This should not change the overall cost. . 3. Engineering analysis and report. Engineering analysis will be performed 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 A2-4 pressures, pavement design, foundation drainage and damp.proofing, potential for . liquefaction, and any other pertinent recommendations for construction staging, etc. The results and recommendations will be 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. Oeliverables: The deliverables for the Geotechnical Services effort shall be as follows: 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 FEF BREAKDOWN Project: Bozeman Public Library -Program Verification Project No: 0226.01 Date: June 20, 2002 I 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 Prooram Trackino Charts 4.00 100 85 85 400.00 Review I Revise Charts @100% SO 4.00 100 2.00 85 85 570.00 Staff & Public Presentation 2.00 100 85 85 200.00 Review I Revise Charts @100% DO 2.00 100 2.00 85 85 370.00 Staff & Public Presentation 2.00 100 85 85 200.00 Review I Revise Charts @100% 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 & Inteoration 100 85 16.00 85 1,360.00 Note: Presenations after Staff and Public ScopinQ to be in coni unction with architectural team visit. Note: Additional Service Focus: New technology implementation . TOTAL AMOUNT - THIS REQUEST $8,840.00 AS01-1 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES f-EE BREAKDOWN Project: Bozeman Public Library - Fundraising Assistance Project No: 0226.02 Date: June 20,2002 ~:~ , , I , II Image Boards brochure 2.00 210 8.00 80 70 100 1,060.00 Concept Design brochure 2.00 210 8.00 80 70 100 1,060.00 Main Street renderino 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 . . TOTAL AMOUNT - THIS REQUEST $34,640.00 AS02-1 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES FEE BREAI<DOWN Project: Bozeman Public Library - Community Presentations and Public Integration Project No: 0226.03 Date: June 20, 2002 , Prep CD charrette mat's 16.00 210 8.00 80 8.00 100 4,800.00 Conduct CO 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 . TOTAL AMOUNT - THIS REQUEST $17,600.00 A$03-1 -.-."...-.-- Bozeman Public Library Attachment NO.2 ADDITIONAL SERVICES H::E: miEAI<DOWN ProJect: Bozeman Public Library - LEED Version 2.0 Certification rating (26-32 pOints) Project No: 0226.04 Date: June 20, 2002 , , , I 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 8.00 80 14,980.00 Provide guidelines for spec's 8.00 210 80 200 75 80 1.680.00 Review con st. 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 OTAL AMOUNT - THIS REQUEST $31,150.00 ASQ4-1 Bozeman Public Library Attachment NO.2 ~.I I Bozeman Public Library - LEED Silver rating (33-38 points) 0226.04 June 20, 2002 I I 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 eOTAL AMOUNT - THIS REQUEST $39.270.00 AS04-2 .. .-.-.. Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES r=EE BREAKDOWN Project: Bozeman Public Library - Program Verification Project No: 0226.01 Date: June 21, 2002 Staff Scoping and Proaram Review 16.00 100 85 85 1,600.00 Publish revisions to Proaram 8.00 100 85 85 800.00 Public Scopina and PrOQram 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 85 85 400.00 Review / Revise Charts @100% SO 4.00 100 2.00 85 85 570.00 Staff & Public Presentation 2.00 100 85 85 200.00 Review / Revise Charts @1 00% 00 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 Meetinas & 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 coniunction with architectural team visit. Note: Additional Service Focus: New technoloav imolementation . TOTAL AMOUNT - THIS REQUEST $8,840.00 AS01-1 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES FEE BREAI<DOWN Project: Bozeman Public Library - Fundraising Assistance Project No: 0226.02 Date: June 21,2002 , I, , Image Boards brochure 2.00 210 8.00 80 70 100 1,060.00 Concept Design brochure 2.00 210 8.00 80 70 100 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 . . TOTAL AMOUNT - THIS REQUEST $34,640.00 AS02-1 Bozeman Public Library Attachment NO.2 . ADDITIONAL SERVICES FEE BREAI<DOWN Project: Bozeman Public Library. Community Presentations and Public Integration Project No: 0226.03 Date: June 21, 2002 ~ ','I , Prep CO 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 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 . TOTAL AMOUNT - THIS REQUEST $17,600.00 A$03-1 Bozeman Public Library Attachment NO.2 ADDITIONAL SERVICES FE E BREAI(OOWN Project: Bozeman Public Library - LEED Version 2.0 Certification rating (26-32 POints) Project No: 0226.04 Date: June 21, 2002 I I , 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 8.00 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 75 80 4,640.00 Coor. Of application review 8.00 210 80 200 75 80 1,680.00 OTAl AMOUNT - THIS REQUEST $31.150.00 AS04-1 Bozeman Public Library Attachment NO.2 ~.. . Bozeman Public Library - LEED Silver rating (33-38 points) 0226.04 June 21, 2002 '" 'I ! I I , 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 .OTAL AMOUNT - THIS REQUEST $39,270.00 AS04-2