HomeMy WebLinkAboutOrdinance No. 00-1183 CITY OF THE COLONY, TEXAS
ORDINANCE NO. OEP "//~7 ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH PHELPS/WOOD ARCHITECTS FOR ARCHITECTURAL
SERVICES RELATED TO THE RENOVATION OF THE FORMER
LIBRARY BUILDING INTO A CONFERENCE CENTER; ATTACHING
THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Phelps/Wood Architects for architectural services
related to the renovation of the former library building into a conference center. The approved £orm
of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately fi-om and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 20th day of March, 2000.
~ROVED: ~
William W. Manning, Mayor ~r'"-~
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
City Atto~
Standard Form of Agreement Between Owner and Architect
Where the Construction Manager is NOT a Constructor -
Construction Manager - Adviser Edition
AIA Document B1411CMa - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO
ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING
AIA DOCUMENT D401.
This document is intended to be used in conjunction with the 1992 editions of AIA Documents BSO1/CMa, AiO1/CMa, and A201/CMa.
CopyriEht 1975, lCJ80, 1992 by The American Institute of Architects, 1735 New York Avenue, N.W. Washin~on, D.C. 20006.5292.
Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AIA violates the copyright
laws of the United States and will subject the violator to legal prosecution.
AGREEMENT
made as of the Third (3rd) day of March in thc year of Two Thousand
(In words, indicate day, month and year.)
BETWEEN the Owner:
t31ante and address)
The Ci~ of The Colouv
680O Main
The Colony. TX 75056-1133
and the Architect:
OVate and address)
8992 Taft Poweil Ro~
Frisco, TX 75035
for the following Project:
(lnclsde detaEed detcrJl~on of Project, location, address and scope.)
The ColoIlV ActiviW Center for The Cohmv Parks and Recreation Demutmeat. To convert and remodel the existin~ library buildin~
The Construction Manager is:
Th= Cit~ of Th= Coloq~
6800 Main Strut
Th= Colony..TX 75056-1133
Thc Owner and Architect aSree as s~t forth below.
.MA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGREEMENT . CONSTRUCTION MANAGER. ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
phe~n:opying violates U.S. ~lyyt~,ht laws and is subject to le~l ~ution.
Electronic Format BI41/CMa-1992
User Document: 0003 - 3/13/2000. AIA License Number 116411, which expires on 1/31/2001 - Page #1
I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND
ARCI~TECT
ARTICLE 1 understanding of such requirements with the Owner.
ARCHITECT"S RESPONSIBILITIES
2.2.2 The Architect shall review with the Owner and
1.1 ARCHITECT'S SERVICES Construction Manager proposed site use and improvements;
1.1.1 The Architect's services consist of those services selection of materials, building systems and equipment; and
performed by the Architect, Architect's employees and methods ofProjectdelivery.
Architect's consultants as enumerated in Articles 2 and 3 of
this Agreement and any other services included in Article 2.2.3 The Architect shall review with the Owner and
12. Construction Manager alternative approaches to design and
construction of the Project.
1.1.2 The Architect's services shall be provided in
conjunction with the services of a Construction Manager as 2.2.4 Based on the mutually agreed-upon program,
described in the edition of AIA Document B801/CMa, schedule and construction budget requirements, the Architect
Standard Form of Agreement Between Owner and shall prepare, for approval by the Owner, Schematic Design
Construction Manager, current as of the date of this Documents consisting of drawings and other documents
Agreement. illustrating the scale and relationship of Project components.
1.1.3 The Architect's services shall be performed as
expeditiously as is consistent with professional skill and care 2.2.5 At intervals appropriate to the progress of the
and the orderly progress of the Work. The Architect shall Schematic Design Phase and mutually agreeable to the
submit for the Owner's approval and the Construction Owner, Construction Manager and Architect, the Architect
Manager's information a schedule for the performance of the shall provide schematic design studies for the Owner's
Architect's services which may be adjusted as the Project review and the Construction Manager's information.
proceeds, and shall include allowances for periods of time
required for the Owner's and Construction Manager's review 2.2.8 In the further development of the drawings and
and for approval of submissions by authorities having specifications during this and subsequent phases of design,
jurisdiction over the Project. Time limits established by this the Architect shall be entitled to assume the accuracy of the
estimates of Construction Cost which are to be provided by
schedule approved by the Owner shall not, except for
the Construction Manager under the Construction Manager's
reasonable muse, be exceeded by the Architect or Owner.
agreement with the Owner.
1.1.4 The services covered by this Agreement are subject
to the time limitations contained in Subparagraph 11.5.1. 2.2.7 Upon completion of the Schematic Design Phase,
the Architect shall provide drawings, outline specifications
and other documents for the Owner's approval and the
ARTICLI-' 2 Construction Manager's information.
$COPI: OF ARCHIT;CT'$ BASIC $1:R¥1C1=$ 2.3 Dle$1GN DEVELOPMI:NT pi-lAS1=
2.1 DEFINfflON 2.$.1 Based on the approved Schematic Design
2.1.1 The Architect's Basic Services consist of those Documents and any adjustments authorized by the Owner in
described in Paragraphs 2.2 through 2.6 and any other the program, schedule or construction budget, the Architect
services identified in Article 12 as part of Basic Services, and shall prepare Design Development Documents for the
include normal structural, mechanical and electrical Construction Manager's review and the Owner's approval.
engineering services. The Design Development Documents shall be based upon
data and estimates prepared by the Construction Manager
2.2 SCHEMATIC DESIGN PHA$;: and shall consist of drawings and other documents that
establish and describe the size and character of the Project as
2.2.1 The Architect shall review the program, schedule to architectural, structural, mechanical and electrical
and construction budget furnished by the Owner to ascertain systems, materials and such other elements as may be
the requirements of the Project and shall arrive at a mutual
AIA DOC~T BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - Al^ -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
photocopying violates U.S. copyright laws and is subject to legal prosecution.
Electronic Format B141/CMa-1992
User Document: 0003 - 3/13/2000. AIA License Number 116411, which expires on 1/31/2001 - Pacje #2
appropriate. Manager's latest estimate of Construction Cost, shall assist
the Construction Manager in obtaining bids or negotiated
2.3.2 At intervals mutually agreeable to the Owner, proposals and assist in preparing contracts for construction.
Construction Manager and Architect, the Architect shall
provide drawings and other documents which depict the 2.6 CONSTRUCTION PHASE-
curront status of design development for thc Owner's review ADMINISTRATION OF THE
and the Construction Manager's information. CONSTRUCTION CONTRACT
2.3.3 Upon completion of the Design Development Phase, 2.6.1 Thc Architect's responsibility to provide Basic
thc Architect shall provide drawings, outline specifications Services for thc Construction Phase under this Agreement
and other documents for thc Owner's approval and thc commences with thc award of the Contract for construction
Construction Manager's information, and terminates at thc earlier of thc issuance to thc Owner of
thc final Project Certificate for Payment or 60 days after ~c
2.4 CONSTRUCTION DOCUMENTS PHASE date of Substantial Completion of the Work.
2.4.t Based on the approved Design Development 2.6.2 Thc Architect shall provide administration of thc
Documents and any further adjustments authorized by thc Contract for construction in cooperation With thc
Owner in the scope or quality of thc Project or in thc Construction Manager as set forth below and iq thc edition
construction budget, thc Architect, utilizing data and of AIA Document A201/CMa, General Condition~' of ~e
estimates prepared by the Construction Manager, shall Contract for Construction, Construction Managcr-Advi~,er
prepare, for approval by the Owner, Construction Documents Edition, current as of thc date of this Agreement.
consisting of Drawings and Specifications setting forth in
detail the requirements for the construction of thc Project. 2.6.3 Duties, responsibilities and limitations of authority
of thc Architect shall not be restrictod, modified or extended
2.4.2 At intervals mutually agreeable to thc Owner, without written agreement of thc Owner and Architect with
Construction Manager and Architect, thc Architect shall consent of thc Contractors and thc Construction Manager,
provide Drawings and Specifications for thc Owner's and thc which consent shall not be unreasonably withheld.
Construction Manager's review.
2.6.4 The Architect shall be a representative of and shall
2.4.3 Upon completion of the Construction Documents advise and consult with thc Owner (1) during construction
Phase, thc Architect shall provide Construction Documents until final payment to thc Contractors is duc, and (2) as an
for thc Owner's approval and thc Construction Manager's Additional Service at the Owner's direction from time to time
information, during the correction period described in thc Contracts for
Construction. Thc Architect shall have authority to act on
2.4.4 Thc Architect shall assist thc Owner and behalf of thc Owner only to the extent provided in this
Construction Manager in thc preparation of thc necessary Agreement unless otherwise modified by written instrument.
bidding information, bidding forms, the Conditions of the
Contracts, and the forms of Agreement between the Owner
and thc Contractors. The Architect shall assist the 2.6.5 Thc Architect shall visit the site at intervals
Construction Manager in issuing bidding documents to appropriate to thc stage of construction or as otherwise
bidders and conducting prebid conferences with prospective agreed by thc Owner and Architect in writing to become
bidders. Thc Architect, with thc assistance of thc generally familiar with thc progress and quality of thc Work
Construction Manager, shall respond to questions f~om completed and to determine in general if thc Work is being
bidders, and shall issue addenda, performed in a manner indicating that thc Work when
completed will be in accordance with thc Contract
2.4.5 Thc Architect shall assist the Owner and Documents. However, thc Architect shall not be required to
Construction Manager in connection with thc Owner's make exhaustive or continuous on-site inspections to check
responsibility for filing documents required for the approval thc quality or quantity of thc Work. On the basis of on-site
of govcrnmontai authorities having jurisdiction over thc observations as an architect, thc Architect shall kccp thc
Project. Owner informed of thc progress and quality of thc Work, and
shall endeavor to guard thc Owner against defects and
2.5 BIDDING OR NEGOTIATION PHASE deficiencies in the Work. (More extensive site
representation may be agreed to as an Additional Seruic¢, as
2.5.t Thc Architect, following thc Owner's approval of described in Paragraph 3.2.)
the Construction Documents and of thc Construction
AIA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unliconscd
photocopying violates U.S. copyright laws and is subject to legal prosecution.
Electronic Format B141/CMa-1992
User Document: 0003 - 3/13/2000. AIA License Number 116411, which expires on 1/31/2001 - Page #3
2.6.6 The Architect shall not have control over or charge ascertained how or for what purpose the Contractor has used
of and shall not be responsible for construction means, money previouslypaidon account oftheCon~act Sum.
methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, 2.6.10 The Architect shall have authority, after notification
since these are the Contractors' responsibility under the to the Construction Manager, to reject Work which does not
Contracts for Construction. The Architect shall not be conform to the Contract Documents. Whenever the Architect
responsible for the Contractors' schedules or failure to carry considers it necessary or advisable for implementation of the
out the Work in accordance with the Contract Documents. intent of the Contract Documents, the Architect will have
The Architect shall not be responsible for the performance by authority, upon written authorization i~om the Owner, to
the Construction Manager of the services required by the require additional inspection or testing of the Work in
Construction Manager's agreement with the Owner. The accordance with the provisions of the Contract Documents,
Architect shall not have control over or charge of acts or whether or not such Work is fabricated, installed or
omissions of the Contractors, Subcontractors, or their agents completed. However, neither this authority of the Architect
or employees, or of any other persons performing services or nor a decision made in good faith either to exercise or not to
portions of the Work. exercise such authority shall give rise to a duty or
responsibility of the Architect to the Construction Manager,
2.6.7 The Architect shall at all times have acf, x~ to the Contractors, Subcontractors, material and equipment
Work wherever it is in preparation or progress, suppliers, their agents or employees or other persons
performing portions of the Work.
2.6.8 Communications by and with the Architect's
consultants shall be through the Architect. 2.6.¶¶ The Architect shall review and approve or take
other appropriate action upon Contractors' submittals such as
2.6.9 Based on the Architect's observations and Shop Drawings, Product Data and Samples, but only for the
evaluations of each Contractor's Application for Payment, limited purpose of checking for conformance with
the Architect shall review and certify the amounts due the information given and the design concept expressed in the
respective Contractors. Contract Documents. The Architect's action shall be taken
with such reasonable promptness as to cause no delay in the
2.6.9.¶ The Architect's certification for payment shall Contractors' Work or in construction by the Owner's own
constitute a representation to the Owner, based on the forces, while allowing sufficient time in the Architect's
Architect's observations at the site as provided in professional judgment to permit adequate review. Review of
Subparagraph 2.6.5, on the recommendations of the such submittals is not conducted for the purpose of
Construction Manager and on the data comprising the determining the accuracy and completeness of other details
Contractors' Applications for Payment, that, to the best oft he such as dimensions and quantities or for substantiating
Architect's knowledge, information and belief, the Work has instructions for installation or performance of equipment or
progressed to the point indicated and the quality of the Work systems designed by the Contractors, all of which remain the
is in accordance with the Contract Documents. The responsibility of the Contractors to the extent required by the
foregoing representations are subject to an evaluation of the Contract Documents. The Architect's review shall not
Work for conformance with the Contract Documents upon constitute approval of safety precautions or, unless otherwise
Substantial Completion, to results of subsequent tests and specifically stated by the Architect, of construction means,
inspections, to minor deviations fi.om the Contract methods, techniques, sequences or procedures. The
Documents correctable prior to completion and to specific Architect's approval of a specific item shall not indicate
qualifications expressed by the Architect. The issuance of a approval of an assembly of which the item is a component.
Certificate for Payment shall further constitute a When professional certification of performance
representation that the Contractor is entitled to payment in characteristics of materials, systems or equipment is required
the amount certified, by the Contract Documents, the Architect shall be entitled to
rely upon such certification to establish that the materials,
2.6.9.2 The issuance of a Certificate for Payment shall not systems or equipment will meet the performance criteria
be a representation that the Architect has (1) made required bytheContractDocuments.
exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction 2.6.¶2 The Architect shall review and sign or take other
means, methods, techniques, sequences or procedures, (3) appropriate action on Change Orders and Construction
reviewed copies of requisitions received from Subcontractors Change Directives prepared by the Construction Manager for
and material suppliers and other data requested by the Owner the Owner's approval and execution in accordance with the
to substantiate the Contractor's right to payment or (4) Contract Documents.
AIA DOC~ BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
photocopying violates U.S. copyright laws and is subject to legal prosecution.
Electronic Format BI41/CMa-1992
User Document: 0003 - 3113/2000. AIA License Number 116411, which expires on 1131/2001 - Page #4
ADDITIONAL SERVICES
2.6.13 Thc Architect may authorize minor changes in
Work not involving an adjustment in a Contract Sum or an 3.1 GENERAL
extension of a Contract Time which arc not inconsistent with 3.1.1 The services described in this Article 3 are not
the intent of the Contract Doounents. Such changes shall be included in Basic Services unless so identified in Article 12,
effected by written order issued through the Construction and they shall be paid for by the Owner as provided in this
Manager. Agreement, in addition to the compensation for Basic
Services. The services described under Paragraphs 3.2 and
2.6.14 The Architect, assisted by the Construction 3.4 shall only be provided if authorized or confirmed in
Manager, shall conduct inspections to determine the date or writing by the Owner. If services described under Contingent
dates of Substantial Completion and the date of final Additional Services in Paragraph 3.3 are required due to
completion. The Architect shall forward to the Owner circumstances beyond the Architect's control, the Architect
warranties and similar submittals required by the Contract shall notify the Owner prior to commencing such services. If
Documents which have been received from the Construction the Owner deems that such services described under
Manager. The Architect shall issue a final Project Certificate Paragraph 3.3 are not required, the Owner shall give prompt
for Payment upon compliance with the requirements of the written notice to the Architect. If the Owner indicates in
Contract Documents. writing that all or part of such Contingent Additional
Services are not required, the Architect shall have no
2.6.16 The Architect shall interpret and decide matters
concerning performance of thc Owner and Contractor under obligation to provide those services.
the requirements of the Contract Documents on written 3.2 PROJECT REPRESENTATION BEYOND
request of either the Owner or Contractor. The Architect's BASIC SERVICES
response to such requests shall be made with reasonable
promptness and within any time limits agreed upon. 3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect
2.6.16 Interpretations and decisions of the Architect shall shall provide one or more Project Representatives to assist in
be consistent with the intent of and reasonably inferable from carrying out such additional on-site responsibilities.
the Contract Doounents and shall be in writing or in the
form of drawings. When making such interpretations and 3.2.2 Project Representatives shall be selected, employed
initial decisions, the Architect shall endeavor to secure and directed by the Architect, and the Architect shall be
faithful performance by beth Owner and Contractors, shall compensated therefor as agreed by the Owner and Architect.
not show partiality to either, and shall not be liable for The duties, responsibilities and limitations of authority of
results of interpretations or decisions so rendered in good Project Representatives shall be as described in the edition of
faith. AIA Document B352 current as of the date of this
Agreement, unless otherwise agreed.
2.6.17 The Architect's decisions on matters relating to
aesthetic effect shall be final if consistent with the intent 3.2.3 Through the observations by such Project
expressed in the Contract Documents. Representatives, the Architect shall endeavor to provide
further protection for the Owner against defects and
2.6.18 The Architect shall render written decisions within deficiencies in the Work, but the furnishing of such project
a reasonable time on all claims, disputes or other matters in representation shall not modify the rights, responsibilities or
question between the Owner and Contractors relating to the obligations of the Architect as described elsewhere in this
execution or progress of the Work as provided in the Agreement.
Contract Documents.
3.3 CONTINGENT ADDITIONAL SERVICES
2.6.19 The Architect's decisions on claims, disputes or
other matters, including those in question between the 3.3.t Making revisions in Drawings, Specifications, or
Owner and Contractors, except for those relating to aesthetic other documents when such revisions are:
effect as provided in Subparagraph 2.6.17, shall be subject to .1 inconsistent with approvals or instructions
arbitration as provided in this Agreement and in the Contract previously given by the Owner, including revisions
Documents. made necessary by adjustments in the Owner's
program or Project budget;
ARTICLE 3 .2 requested by the Owner because thc Construction
AIA DOCUMENT B141/CMa ~ OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
photocopying violates U.S. copyright laws and is subject to legal prosecution.
Electronic Format B141/CMa-1992
User Document: 0003 - 3/13/2000. AIA License Number 116411, which expires on 1131/2001 - Page ~
Manager's estimate of Construction Cost exceeds 3.4 OPTIONAL ADDITIONAL SERVICES
the Owner's budget, except where such excess is due
3.4.¶ Providing analyses of the Owner's needs and
to changes initiated by the Architect in scope,
capacities of basic systems, or the kinds and quality programming the requirements of the Project.
of materials, finishes or equipment;
3.4.2 Providing financial feasibility or other special
.3 required by the enactment or revision of codes, laws studies.
or regulations subsequent to the preparation of such
3.4.3 Providing planning surveys, site evaluations or
documents; or comparative studies of prospective sites.
.4 duc to changes required as a result of the Owner's
failure to render decisions in a timely manner. 3.4.4 Providing special surveys, environmental studies
and submissions required for approvals of governmental
3.3.2 Providing services required because of significant authorities or others having jurisdiction over the Project.
changes in the Project including, but not limited to, changes
in size, quality, complexity, the Owner's or Construction 3.4.5 Providing services relative to future facilities,
Manager's schedule, or the method of bidding or negotiating systems and equipment.
and contracting for construction, except for services required
under Subparagraph 5.2.3. 3.4.6 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof.
3.3.3 Preparing Drawings, Specifications, and other
3.4.?' Providing services to verify the accuracy of
documentation and supporting data, evaluating Contractor's
proposals, and providing other services in connection with drawings or other information furnished by the Owner.
Change Orders and Construction Change Directives. 3.4.8 Providing coordination of construction performed by
the Owner's own forces and coordination of services required
3.3.4 Providing services in connection with evaluating
in connection with construction performed and equipment
substitutions proposed by Contractors and making
subsequent revisions to Drawings, Specifications and other supplied by the Owner.
documentation resulting therefrom. 3.4.9 Providing services in connection with the work of
3.3.5 Providing consultation concerning replacement o£ separate consultants retained by the Owner.
Work damaged by fire or other cause during construction, 3.4.'10 Providing estimates of Construction Cost.
and furnishing services required in connection with the
replacement of such Work. 3.4.¶'l Providing detailed quantity surveys or inventories of
material and equipment.
3.3.6 Providing services made necessary by the
termination or default of the Construction Manager or a 3.4.¶2 Providing analyses of owning and operating costs.
Contractor, by major defects or deficiencies in the Work of a
Contractor, or by failure of performance of either the Owner 3.4.¶3 Providing interior design and other similar services
or a Contractor under a Contract for Construction. required for or in connection with the selection, procurement
or installation of furniture, furnishings and related
3.3.7 Providing services in evaluating an extensive equipment.
number of claims submitted by a Contractor or others in
connection with theWork. 3.4.'14 Providing services for planning tenant or rental
3.3.8 Providing services in connection with a public spaces.
hearing, arbitration proceeding or legal proceeding except 3.4.'15 Making investigations, inventories of materials or
where the Architect is party thereto, equipment, or valuations and detailed appraisals of existing
facilities.
3.3.9 Preparing documents for alternate, separate or
sequential bids or providing services in connection with 3.4.18 Preparing a set of reproducible record drawings
bidding, negotiation or construction prior to the completion showing significant changes in the Work made during
of the Construction Documents Phase. construction based on marked-up prints, drawings and other
data furnished by Contractors.
AL& DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER*ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unliccnscd
photocopying violates U.S. copyright laws and is subjecl to legal prosecution.
Electronic Format BI41/CMa-1992
User Document: 0003 - 3/'13/2000. AIA License Number '1 q64`1`1, which expires on `1/3`1/200'1 - Pa~je #6
Botwcen Owner and Construction Manager, current as of the
3.4.17 Providing assistance in the utilization of equipment date of this Agreement. The Terms and Conditions of the
or systems such as testing, adjusting and balancing, Agreement between Owner and Construction Manager shall
preparation of operation and maintenance manuals, training be furnished to the Architect and shall not be modified
personnel for operation and maintenance, and consultation without written consent of the Architect, which consent shall
during operation, not be unreasonably withheld. The Architect shall not be
responsible for actions taken by the Construction Manager.
$.4.18 Providing services after issuance to the Owner of
the final Project Certificate for Payment, or in the absence of 4.6 The Owner shall furnish surveys describing physical
a final Project Certificate for Payment, more than 60 days characteristics, legal limitations and utility locations for the
after the date of Substantial Completion of the Work. site of the Project, and a written legal description of the site.
The surveys and legal information shall include, as
$.4.¶9 Providing services of consultants for other than applicable, grades and lines of streets, alleys, pavements and
architectural, structural, mechanical and electrical adjoining property and structures; adjacent drainage;
engineering portions of the Project provided as a part of rights-of-way, restrictions, easements, encroachments,
Basic Services. zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data pertaining to
$.4.20 Providing any other services not otherwise included existing buildings, other improvements and trees; and
in this Agreement or not customarily furnished in information concerning available utility services and lines,
accordance with generally accepted architectural practice, both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be
referenced to a Project benchmark.
ARTICLE 4
OWNI:R'$ RESPON$11~ILITII=$ 4.7 The Owner shall furnish the services of
geotechnical engineers when such services are requested by
4.1 The Owner shall provide full information regarding the Architect. Such services may include but are not limited
requirements for the Project, including a program which
to test borings, test pits, determinations of soil bearing
shall set forth the Owner's objectives, schedule, constraints
values, percolation tests, evaluations of hazardous materials,
and criteria, including spacerequirementsandrelationships, and ground corrosion and resistivity tests, including
flexibility, expandability, special equipment, systems, and
necessary operations for anticipating subsoil conditions, with
site requirements, reports and appropriate professional recommendations.
4.2 The Owner shall establish and update an overall 4.7.1 The Owner shall furnish the services of other
budget for the Project based on consultation with the consultants when such services are reasonably required by
Construction Manager and the Architect, which shall include
the scope of the Project and are requested by the Architect.
the Construction Cost, the Owner's other costs and
reasonable contingencies related to all of these costs. 4.8 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for haTardous
4.$ If requested by the Architect, the Owner shall
materials, and other laboratory and environmental tests,
furnish evidence that financial arrangements have been made
inspections and reports required by law or the Contract
to fulfill the Owner's obligations under this Agreement. Documents.
4.4 The Owner shall designate a representative 4.9 The Owner shall furnish all legal, accounting, and
authorized to act on the Owner's behalf with respect to the insurance counseling services as may be necessary at any
Project. The Owner or such authorized representative shall time for the Project, including auditing services the Owner
render decisions in a timely manner pertaining to documents
may require to verify the Contractor's Application for
submitted by the Architect in order to avoid unreasonable Payment or to ascertain how or for what purposes the
delay in the orderly and sequential progress of the Architect's Contractor has used the money paid by or on behalf of the
4.5 The Owner shall retain a construction manager to 4.10 The services, information, surveys and reports
administer the Project. The Construction Manager's services, required by Paragraphs 4.6 through 4.9 shall be furnished at
duties and responsibilities will be as described in the edition the Owner's expense, and the Architect shall be entitled to
of AIA Document BS01/CMa, Standard Form of Agreement rely upon the accuracy and completeness thereof.
AIA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006--5292.; Unlicensed
phmocopying violates U.S. copyright laws and is subject to legal prosecution.
Electronic Format B141/CMa-1992
User Document: 0003 - 3/13/2000. AIA License Number 116411, which expires on 1131/2001 - Page #7
Construction Manager is solely for the Architect's guidance
4.11 Prompt written notice shall be given by the Owner in the Architect's preparation of the Construction
to the Architect and Construction Manager if the Owner Documents. Accordingly, the Architect cannot and does not
becomes aware of any fault or defect in the Project or warrant the accuracy of the estimates of the Construction
nonconformance with the Contract Documents. Manager, or warrant or represent that bids or negotiated
prices will not vary from the Owner's Project budget or from
4.12 The proposed language of certificates or any estimate of Construction Cost or evaluation reviewed by
certifications requested of the Architect or Architect's the Architect.
consultants shall be submitted to the Architect for review and
approval at least 14 days prior to execution. The Owner shall 5.2.2 No fixed limit of Construction Cost shall be
not request certifications that would require knowledge or established as a condition of this Agreement.
services beyond the scope of this Agreement.
5.2.$ In the event that the Construction Manager's
4.13 The Owner shall furnish the required information estimate or the lowest bona fide bid or negotiated proposal
and services and shall render approvals and decisions as received by the Owner exceeds the Owner's budget for
expeditiously as necessary for the orderly progress of the reasons other than those described in Paragraph 3.3, the
Architect's services and Work of the Contractors. modification of Contract Documents shall be the limit of the
Architect's responsibility. The Architect shall be entitled to
4.14 The Owner shall furnish the Architect copies of compensation in accordance with this Agreement for all
written communications with the Construction Manager and services performed whether or not the Construction Phase is
Contractors. commenced.
ARTICLE 5 ARTICLE 6
CONSTRUCTION COST USE OF ARCHITECT'S DRAWINGS,
5.1 DEFINITION SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents
5.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project prepared by the Architect for this Project are instruments of
designed or specified by the Architect. the Architect's service for use solely with respect to this
Project and, unless otherwise provided, the Architect shall be
5.1.2 The Construction Cost shall include the cost at deemed the author of these documents and shall retain all
current market rates of labor and materials furnished by the common law, statutory and other reserved rights, including
Owner and equipment designed, specified, selected or the copyright. The Owner shall be permitted to retain copies,
specially provided for by the Architect, plus a reasonable including reproducible copies, of the Architect's Drawings,
allowance for the Contractors' overhead and profit. In Specifications and other documents for information and
addition, a reasonable allowance for contingencies shall be reference in connection with the Owner's use and occupancy
included for market conditions at the time of bidding and for of the Project. The Architect's Drawings, Specifications or
changes in the Work during construction. Construction Cost other documents shall not be used by the Owner or others on
shall also include the compensation of the Construction other projects, for additions to this Project or for completion
Manager and Construction Manager's consultants, of this Project by others, unless the Architect is adjudged to
be in default under this Agreement, except by agreement in
5.1.$ Construction Cost does not include the writing and with appropriate compensation to the Architect.
compensation of the Architect and Architect's consultants,
the costs of the land, fights-of-way, financing or other costs 6.2 Submission or distribution of documents to meet
which are the responsibility of the Owner as provided in official regulatory requirements or for similar purposes in
Paragraphs 4.1throogh 4.4 and 4.6 throogh 4.14. connection with the Project is not to be construed as
publication in derogation of the Architect's reserved rights.
5.2 RESPONSIBILITY FOR CONSTRUCTION
COST
5.2.1 Thc Architect's review of the Owner's Project ARTICLE 7
budget and of preliminary estimates of Construction Cost or ARBITRATION
detailed estimates of Construction Cost prepared by the
7.1 Claims, disputes or other matters in question
AIA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
photocopying violates U.S. copyright laws and is subject to legal prosecution.
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between the parties to this Agreement arising out of or in the interruption and resumption of the Architect's services.
relating to this Agreement or breach thereof shall be subject
to and decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the Am~ican 8.$ This Agreement may be terminated by the Owner
Arbitration Association currently in effect unless the parties upon not less than seven days' written notice to the Architect
mutually agree otherwise, in the event that the Project is permanently abandoned. If the
Project is abandoned by the Owner for more than 90
7.2 Demand for arbitration shall be filed in writing with consecutive days, the Architect may terminate this
the other party to this Agreement and with the American Agreement by giving written notice.
Arbitration Association. A demand for arbitration shall be
made within a reasonable time aRer the claim, dispute or 8.4 Failure of the Owner to make payments to the
other matter in question has arisen. In no event shall the Architect in accordance with this Agreement shall be
demand for arbitration be made al[er the date when considered substantial nonperformance and cause for
institution of legal or equitable proceedings based on such termination.
claim, dispute or other matter in question would be barred by
the applicable statutes of limitations. 8.$ If the Owner fails to make payment when due the
Architect for services and expenses, the Architect may, upon
7.$ No arbitration arising out of or relating to this seven days' written notice to the Owner, suspend
Agreement shall include, by consolidation, joinder or in any performance of services under this Agreement. Unless
other manner, an additional person or entity not a party to payment in full is received by the Architect within seven
this Agreement, except by written consent containing a days of the date of the notice, the suspension shall take effect
specific reference to this Agreement signed by the Owner, without further notice. In the event of a suspension of
Architect, and any other person or entity sought to be joined, services, the Architect shall have no liability to the Owner
Consent to arbitration involving an additional person or for delay or damage caused the Owner because of such
entity shall not constitute consent to arbitration of any claim, suspension of services.
dispute or other matter in question not described in the
written consent or with a person or entity not named or 8.6 In the event of termination not the fault of the
described therein. The foregoing agreement to arbitrate and Architect, the Architect shall be compensated for services
other agreements to arbitrate with an additional person or performed prior to termination, together with Reimbursable
entity duly consented to by the parties to this Agreement Expenses then due and all Termination Expenses as defined
shall be specifically enforceable in accordance with in Paragraph8.7.
applicable law in any court having jurisdiction thereof.
8.7 Termination Expenses are in addition to
7.4 The award rendered by the arbitrator or arbitrators compensation for Basic and Additional Services, and include
shall be final, and judgment may be entered upon it in expenses which are directly attributable to termination.
accordance with applicable law in any court having Termination Expenses shall be computed as a percentage of
jurisdiction thereof, the total compensation for Basic Services and Additional
Services earned to the time ofterminatiou, as follows:
.'1 Twenty percent of the total compensation for Basic
ARTICLI:8 and Additional Services earned to date if
TI~RI~INATION, SUSPI~N$1ON OR AISANDONI~II=NT termination occurs before or during the predesign,
site analysis, or Schematic Design Phases; or
8.¶ This Agreement may be terminated by either party
upon not less than seven days' written notice should the other .2 Ten percent of the total compensation for Basic and
party fail substantially to perform in accordance with the Additional Services earned to date if termination
terms of this Agreement through no fault of the party occurs during the Design Development Phase; or
initiating the termination.
.$ Five percent of the total compensation for Basic and
Additional Services earned to date if termination
8.2 If the Project is suspended by the Owner for more occurs during any subsequent phase.
than 30 consecutive days, the Architect shall be compensated
for services performed prior to notice of such suspension.
When the Project is resumed, the Architect's compensation ARTI(~Lle t}
shall be equitably adjusted to provide for expenses incurred
/dA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - /dA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
photocopying violates U.S. copyright laws and is subject to legal prosecution.
Electronic Format BI41/CMa-1992
User Document: 0003 - 3/13/2000. AIA License Number 11C:~4q q, which expires on 'll3q/200q - Pacje ~
MISCELLANEOUS PROVISIONS 9.8 Unless otherwise provided in this Agreement, thc
Architect and Architect's consultants shall have no
9.1 Unless otherwise provided, this Agreement shall be
responsibility for the discovery, presence, handling, removal
governed by the law of the place where the Project is located, or disposal of or exposure of persons to hazardous materials
in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB)
9.2 Terms in this Agreement shall have the same or other toxic substances.
meaning as those in the edition of AIA Document
A201/CMa, General Conditions of the Contract for 9.9 The Architect shall have the right to include
Construction, Construction Manager-Adviser Edition, representations of the design of the Project, including
current as of the date of this Agreement. photographs of the exterior and interior, among the
Architect's promotional and professional materials. The
9.3 Causes of action between the parties to this
Architect's materials shall not include the Owner's
Agreement pertaining to acts or failures to act shall be
confidential or proprietary information if the Owner has
deemed to have accrued and the applicable statutes of previously advised the Architect in writing of the specific
limitations shall commence to run not later than either the
information considered by the Owner to be confidential or
date of Substantial Completion for acts or failures to act proprietary. The Owner shall provide professional credit for
occurring prior to Substantial Completion, or the date of the Architect on the construction sign and in the promotional
issuance of the final Project Certificate for Payment for acts
materials for the Project.
or failures to act occurring atter Substantial Completion.
9.4 The Owner and Architect waive all rights against
each other and against the Construction Manager, ARTICLE 10
Contractors, and the consultants, agents and employees of PAYMENTS TO THE ARCHITECT
any of them for damages, but only to the extent covered by 10.1 DIRECT PERSONNEL EXPENSE
property insurance during construction, except such rights as
they may have to the proceeds of such insurance as set forth 10.1.1 Direct Personnel Expense is defined as the direct
in thc edition of AIA Document A201/ClVla, General salaries of the Architect's personnel engaged on thc Project
Conditions of the Contract for Construction, Construction and thc portion of thc cost of their mandatory and customary
Manager-Adviser Edition, current as of thc date of this contributions and benefits related thereto, such as
Agreement. The Owner and Architect each shall require employment taxes and other statutory employee benefits, _
similar waivers from their Construction Manager, insurance, sick leave, holidays, vacations, pensions and
Contractors, consultants, agents, and persons or entities similar contributions and benefits.
awarded separate contracts administered under thc Owner's
own forces. 10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses arc in addition to
9.5 The Owner and Architect, respectively, bind compensation for Basic and Additional Services and include
themselves, their partners, successors, assigns and legal expenses incurred by the Architect and Architect's employees
representatives to the other party to this Agreement and to
and consultants in thc interest of the Project, as identified in
thc partners, successors, assigns and legal representatives of thc following Clauses.
such other party with respect to all covenants of this
Agreement. Neither Owner nor Architect shall assign this 10.2.1.t Expense of transportation in connection with thc
Agreement without thc written consent of thc other. Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for
9.6 This Agreement represents thc entire and integrated securing approval of authorities having jurisdiction over thc
agreement between thc Owner and Architect and supersedes Project.
all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by 10.2.1.2 Expense of reproductions, postage, express
written instrument signed by both Owner and Architect. deliveries, electronic facsimile transmissions and handling of
Drawings, Specifications and other documents.
9.7 Nothing contained in thc Agreement shall create a
contractual relationship with or a cause of action in favor of 10.2.1.3 If authorized in advance by thc Owner, expense
a third party against either thc Owner or Architect. of overtime work requiring higher than regular rates.
AiA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION ~ AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
photocopying violates U.S. copyright laws and is subject to legal prosecution.
Electronic Format BI41/CMa-1992
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10.2.1.4 Expense of renderings, models and mock-ups are performed on those portions, in accordance with the
requested by the Owner. schedule set forth in Subparagraph 11.2.2, based on (1) the
lowest bona fide bids or negotiated proposals, or (2) if no
10.2.1.5 Expense of additional insurance c. overage or such bids or proposals are received, the most recent estimate
limits, including professional liability insurance, requested of Construction Cost prepared by the Construction Manager
by the Owner in excess of that normally carried by the for such portions oftheProject.
Architect and Architect's consultants.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
10.2.1.6 Expense of computer-aided design and drafting SERVICES AND REIMBURSABLE
equipment time when used in connection with thc Project. EXPENSES
t0.3 PAYMENTS ON ACCOUNT OF BASIC 10.4.1 Payments on account of the Archite~-'t's Additional
SERVICES Services and for Reimbursable Expenses shall be made
monthly upon presentation of thc Architect's statement of
10.3.t An initial payment as set forth in Paragraph 11.1 is services rendered or expenses incurred.
the minimum payment under this Agreement.
10.5 PAYMENTS WITHHELD
10.3.2 Subsequent payments for Basic Services shall be
made monthly and, where applicable, shall be in proportion 10.5.1 No deductions shall be made from the Architect's
to services performed within each phase of service, on the compensation on account of penalty, liquidated damages or
basis set forth in Subparagraph 11.2.2. other sums withheld from payments to Contractors, or on
account of the cost of changes in the Work other than those
10.3.3 Il'and to the extent that the time initially established for which the Architect has been found to be liable.
in Subparagraph 11.5.1 of this Agreement is exceeded or
extended through no fault of the Architect, compensation for 10.6 ARCHITECT'S ACCOUNTING RECORDS
any services rendered during thc additional period of time 10.6.1 Records of Reimbursable Expenses and expenses
shall be computed in the manner set forth in Subparagraph pertaining to Additional Services and services performed on
11.3.2. the basis of a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized
10.3.4 When compensation is based on a percentage of representative at mutuallyconvenienttimes.
Construction Cost and any portions of the Project arc deleted
or otherwise not constructed, compensation for those
portions of the Project shall be payable to the extent services
ARTICLE 11
BASIS OF COMPENSATION
Thc Owner shall compensate the Architect as follows:
tt.t AN INITIAL PAYMENT of Zeor Dollars ($ -0_:) shall be made upon execution of this Agreement and credited to the
Owner's account at final payment.
1t.2 BASIC COMPENSATION
tl.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services,
Basic Compensation shall be computed as follows:
(Insert basis of compensation, including stipulated ~ms, m,,l~les or percentages, and identify pl~e= to which particular methods of compen~tion apply, if
nece~saryO
Compeu.~fiun will be b~sed on a fixed fee using a construction cost of $$00~000.00. Should the construction cost var~ by more than
10%~ the fee will be adjusted accordinRl¥.
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services
in each phase shall total the following percentages of the total Basic Compensation payable:
(Insert addit~onal phases as appropriate.)
Schematic Design Phase: $6~000.0Q peree~ (%-)
Design Development Phase: $8,000.00 per-~m~ (o_%)
COPYRIGHT 1992 - TH~ AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 2000~5292.; Unlicensed
photocopying vio~a~ U.S. co~ri~h~ laws and ~s subject ~o ~! prosecutioo.
Electronic Format B141/CMa-1992
User Documenl: 0003 - ~q :3/2000. ^l^ License Number q qC:~q q, which ~×~ires on ~/3q/200q - Pa~e #q q
Construction Documents Phase: $16.000.00 ~ (~)
Bidding or Negotiation Phase: $2.000.00 ~ ( %)-
,C.o.,, ,stn .,o. $&ooo.oo ( ,, ,
Total Basic Compensation ~r.r. k'~.~ ~,~. ~, !
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall bc
t~'i~dpal's time at.a ri~te ot,O~c Hundred Twmtv Dollars ~ hour ($120.00/br.~
For the mmx~scs or,this ~ent. thc m~ncimis arc:
Arthur ¥. Phdm. Archi~
14~'en¢~ .W. W~m~L Architect
~oiect Architect's time ~t the rotc ot,£i~Fiv¢ DOllars _nor hour ($85.00/hr.~
(;AD time ~t the ra~ or, Sixty-Five Dollars Mcr hour ($6S.00/hrJ
Sccr~u~s time ~ thc rate ot~ ThirW-FiveDollm~ ;~' hour ($35.00/hr.~
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional
Project Representation, ns described in Psragr~h 3.2, nad (2) services included in Article 12 as pm't or' Basic Services, but
excluding services ot,consuitan~ compensmion shall be computed as follows:
([neert b~is of cor~pe~ation, tnchgling rate~ m~l/or m,.l.'ples of Direct Perso~mel g~pen.s~ /or Pri~ci~l~ end employe¢~, and ide~tt~/ PrinCilml~ and
empIoy~e;, ~requircd. [demi. Fy ;pect. fic ;ervices m wlricb portic,.lm' med~l~ of compen.mUon app/y, if nece;aery.)
11.3,3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering ~m4ces and tho~c provided under Subparagraph 3.4.1~ or identified in Article 12 as part of Additional Services,
multiple of O~g and Two, Te~t~bS ( 1,2 ) ~ the amounts billed to the Architect for such services.
(idemi/y ~c~c ~y~ o/co=ultanu in 4rticl~ ~ 2, (Fre¢uired.)
11.4 REIMBURSABLE EXPENSES
11,4.t FOR REIMBURSABLE EXPENSES, as dcsoribed in P~ragraph I0.~, and any other items included in Article 12 ns
Reimbursable Expenses, a multiple or, One and O~e Tqn~ ( ~ times the expmses incurred by thc Architect, thc Architect's
employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVIC£S covered by this Agreement have not been completed within E'_~.hteen ( 18 ) months ofthe
dmc hereot~ through no fault or, thc Architect, extonsion of the Architect's services bcy~ud th~ time shall be compensated as
provided in Subt~ragraphs 10.3.3 mid 11.3.2.
1t.$.2 Payments are du~ ;md I~ynble Fittcen( ~ ) days from the date or'the Architect's invoice. Amotmts unpaid ]~n~/( 30 )
days after the invoice date shall ~ interest at the rate entered below, or in the absence thereof at thc legal rote prevailing from
time to time at thc principal place or, business or,the Architect.
(Insert rate of interest agreed ~.)
(Usury laws and req#~remente under the Federal Trttth in Lending Act, s~rngar state and local conssmer credit laws and other reg~itons a~ the Owner's and
~rchitect's prince! places of boiness, the Iocaiton of the Project and elsewhere may affect the val~dtO~ of this prov~sion. Spec~tc legal advice shmdd be obtained
respect to deletions or motivations, and also regarding req~rernents s~tcb as written disclosures or wa~ers.)
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with nounal salary
review practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
ALA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGREEMENT - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - ALA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed
photocopying vioh~s U.S. ~x~ laws ~nd is subject to legal proamutioa.
Electronic Fo. aat BI41/CMa-1992
User Document: 0003 - 3/13/2000. AIA License Number 116411, which expires on 1/31/2001 - Page #12
(Insert descr~otions of other services, identify Add. anal Services included within Basic Compensation, and insert modifications to the payment and compensation
terms included fn this Agreement.)
This Agreement entered into as of the day and year first written above.
OWNER
(Stgnat~'e)
Mr. Lamly Ialm~. City Manaaer Arthur,V. Phelps, Arehit, e~:t/Parl;n~
(Printed name and title) (Printed name and title)
AIA DOCUMENT BI41/CMa - OWNER-ARCHITECT AGKEEM~4T - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA -
COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W. WASHINGTON, D.C. 20006-5292.; Unligensed
pholocopyin8 violates U.S. copyright laws and is subject to I~al prosecution. Ele~trolaig Format B 141/CMa- 1992
User Document: 0003 - 3113/2000. ,adA License Number 116411, which expires on 1/31/2001 - Page #13