Architect Services - Fire St
1 997
EDITION
AlA DOCUMENT
I
8151-1997
IAbbreviated Standard Form of Agreement Between Owner and Architect
A G R E E MEN T made as of the
in the year
(In words, indicate day, month and year)
day of
TWO THOUSAND FIVE
JANUARY
BET WEE N the Architect's client identified as the Owner:
(Name, address and other information)
City of Salina, Kansas
City-County Building
300 West Ash Street, P.O. Box 736
Salina. Kansas 67402-0736
and the Architect:
(Name, address and other information)
Warren Ediger/ ARClßTECf
116 South Santa Fe
P.O. Box 1821
Salina, Kansas 67402-1821
For the following Project:
(Include detailed description of Project)
Addition and renovation of Salina Fire Department Fire Station No.2, 1110 South Santa Fe
Avenue, Salina, Kansas, as described in schematic drawings prepared under separate contract by
the Architect. The Project generally consists of a two-bay apparatus addition on the ground level,
a second floor addition above the apparatus bays with sleeping and training spaces, and renovation
of the remaining second floor day room, kitchen, and toilet rooIDS. The Project includes site
design to provide vehicle access to the apparatus bays and staff parking. The January 2003 Project
construction budget totals $1,140,000.00.
The Owner and Architect agree as follows.
Copyright 1974, 1978, 1987, C>1997 by The American Institute of Architects. Reproduction of the material herein or sub-
stantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United
States and will subject the violator to legal prosecution.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
This document has impor-
tant legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
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C>1997 AIA~
AlA DOCUMENT 8151-1"7
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W
Washington, D.c. 20006-5292
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1 The services performed by the Architect, Architect's employees and Architect's consultants
shall be as enumerated in Articles 2,-' and 12.
1.2 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 may be
ad justed as the Project proceeds. This schedule shall include allowances for periods of time
required for the Owner's review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall
not, except for reasonable cause, be exceeded by the Architect or Owner.
1.3 The Architect shall designate a representative authorized to act on behalf of the Architect
with respect to the Project.
1.4 The services covered by this Agreement are subject to the time limitations contained in
Subparagraph 11.5.1.
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any
other services identified in Article 12 as part of Basic Services, and include normal structural,
mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the Owner to ascertain the
requirements of the Project and shall arrive at a mutual understanding of such requirements with
the Owner.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule
and construction budget requirements, each in terms of the other, subject to the limitations set
forth in Subparagraph 5.2.1.
2.2.3 The Architect shall revIew with the Owner alternative approaches to design and
construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and relationship of
Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost
based on current area, volume or similar conceptual estimating techniques.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by
the Owner in the program, schedule or construction budget, the Architect shall prepare, for
approval by the Owner, Design Development Documents consisting of drawings and other doc-
uments to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate.
2.3.2 The Architect shall acÌ\'ise the Owner of allY adjustments to the preliminary estimate of
Construction Cost.
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@1997 AIA@
AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, NW.
Washington, Dc. 20006-5292
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, DC 20006-5292
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development j)ocuments and any further adjustmcnts in
the scope or quality of the Project or in the construction budget authorized by the Owner, the
Architect shall prepare, for approval by the Owner, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of the
Pro ject.
2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding
information, bidding forms, the Conditions of the Contract, and the form of Agreement between
the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary
estimates of Construction Cost indicated by changes in requirements or general market
conditions.
2.4.4 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.
2.5 BIDDING OR NEGOTIATION PHASE
The Architect, following the Owner's approval of the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated
proposals and assist in awarding and preparing contracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under
this Agreement commences with the award of the initial Contract for Construction and
terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60
days after the date of Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the Contract for Construction as set forth
below and in the edition of AlA Document A20l, General Conditions of the Contract for
Construction, current as of the date of this Agreement, unless otherwise provided in 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.
2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph
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.
2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner
during the administration of the Contract for Construction. The Architect shall have authority to
act on behalf of the Owner only to the extent provided in this Agreement unless otherwise
modified by written amendment.
2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate
to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect
in Article 12, (I) to become generally familiar with and to keep the Owner 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, thc Architect shall not nr required to make exhaustive or
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ClJntinuous on-site ins[1\:ctions to check the quality or quantity of the Work. The Architect shall
neither have control over or charge of, nor he responsihle 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
I)ocuillents.
2.6.6 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 Work in accordance
with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not
be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons or entities performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or
progress.
2.6.8 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.
2.6.9 CERTIFICATES FOR PAYMENT
2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue
certificates in such amounts.
2.6.9.2 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 Subparagraph 2.6.5 and on the data
comprising the Contractor's Application for Payment, that the Work has progressed to the point
indicated and that, to the best of the Architect's knowledge, information and belief, the quality of
the Work is in accordance with the Contract Documents. The foregoing representations are
subject (1) to an evaluation of the 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 Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Architect.
2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the 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 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.
2.6.10 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 shall 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. 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 "York.
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue. N.W
Washington. DC 20006-5292
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C 20006-5292
2.6.11 The Architect shall review and approve or take other appropriate action upon thc
Contractor's submittals such as Shop Drawings, Product Data and Samples, hut only for the
limited purposc 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
rromptness as to cause no delay in the VVork or in the activities of the Owner, Contractor or
separate contractors, while allowing surfìcient time in the Architect's professional judgmcnt to
permit adequate review. Review of such submittals is not conducted for thc purpose of determin-
ing the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equi pment or systems, all of which
remain the responsibility of the Contractor as required by the Contract Documents. The
Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, 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.
2.6.12 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.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup-
porting documentation and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the
Contract Documents, and may authorize minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are consistent with the intent of
the Contract Documents.
2.6.14 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 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 requirements of the
Contract Documents.
2.6.15 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 with-
in any time limits agreed upon or otherwise with reasonable promptness.
2.6.16 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 draw-
ings. 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 results of interpretations or decisions so rendered in good faith.
2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question
between the Owner and Contractor as provided in the Contract Documents. However, the
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the
ir "expressed in the Contract Documents.
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2.6.18 The Architect's decisions on claims, disllutes or other matters in question between Ihe
Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph
2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the
Contract Documents.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article -' are not included in Basic Services unless so
identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services. The sen'ices described under Paragraphs 3.2 and
3-4 shall only be provided if authorized or confirmed in writing by the Owner. If services described
under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond
the Architect's control, the Architect shall notify the Owner prior to commencing such services.
If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part
of such Contingent Additional Services are not required, the Architect shall have no obligation to
provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is
required, the Architect shall provide one or more Project Representatives to assist in carrying out
such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the
Architect shall be compensated therefor as agreed by the Owner and Architect. The duties,
responsibilities and limitations of authority of Project Representatives shall be as described in the
edition of AlA Document 13352 current as of the date of this Agreement, unless otherwise agreed.
3.2.3 Through the presence at the site of such Project Representatives, the Architect shall
endeavor to provide further protection for the Owner against defects and deficiencies in the Work,
but the furnishing of such project representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in this Agreement.
3.3
3,3.1
CONTINGENT ADDITIONAL SERVICES
Making revisions in drawings, specifications or other documents when such revisions are:
.1 inconsistent with approvals or instructions previously given by the Owner, including
revisions made necessary by adjustments in the Owner's program or Project budget;
.2 required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents; or
.3 due to changes required as a result of the Owner's failure to render decisions in a
timely manner.
3.3.2 Providing services required because of significant changes in the Project including,
but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction, except for services required under Subparagraph
5.2.5.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data,
evaluating Contractor's proposals, and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor
and making subsequent revisions to Ilrawings, Specifications and other documentation resulting
therefrom.
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AlA DOCUMENT B151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W
Washington, DC 20006-5292
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@1997 AIA@
AlA DOCUMENT B151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, Dc. 20006-5292
3.3.5 Providing consultation concerning replacement of \Vork damaged hy fire or other cause
during construction, and furnishing services required in connection with the replacement of such
Work.
3.3.6 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the \'\fork of the Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensi\'C number of claims submitted by the
Contractor or others in connection with the Work.
3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or
a legal proceeding except where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in
connection with bidding, negotiation or construction prior to the completion of the Construction
Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and programming the requirements of the
Project.
3.4.2
Providing financial feasibility or other special studies.
3.4.3
Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and submissions required for approvals
of governmental authorities or others having jurisdiction over the Project.
3.4.5
Providing services relative to future facilities, systems and equipment.
3.4.6 Providing services to investigate existing conditions or facilities or to make measured
drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the
Owner.
3.4.8 Providing coordination of construction performed by separate contractors or by the
Owner's own forces and coordination of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a construction manager or separate
consultants retained by the Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11
Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.12
Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services required for or in connection with the
selection, procurement or installation of furniture, furnishings and related equipment.
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3.4.14
Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed
appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work
made during construction based on marked~up prints, drawings and other data furnished by the
Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in
the absence of a final Certificate for Payment, more than 60 days after the date of Substantial
Completion of the Work.
3.4.19 Providing services of consultants for other than architectural, structural, mechanical and
electrical engineering portions of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural practice.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information in a timely manner regarding requirements for
and limitations on the Project, including a written program which shall set forth the Owner's
objectives, schedule, constraints and criteria, including space requirements and relationships,
flexibility, expand ability, special equipment, systems and site requirements. 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.
4.2 The Owner shall establish and periodically update an overall budget for the Project,
including the Construction Cost, the Owner's other costs and reasonable contingencies related to
all of these costs.
4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with
respect to the Project. The Owner or such 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.
4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The surveys
and legal information shall include, as applicable, grades and lines of streets, alleys, pavements
and adjoining property and structures; adjacent drainage; rights~of~way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data with respect to existing buildings, other improvements and trees;
and information concerning available utility services and lines, 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.
4.5 The Owner shall furnish the sen';ces of geotechnical engineers when such services are
requested by the Architect. Such service., I"av include but are not limited to test borings, test pits,
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@1997 AIA@
AlA DOCUMENT B151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, Dc. 20006-5292
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W
Washington, D.C 20006-5292
dL'lerminations of soil bearing values, percolation IL'sts, evaluations of hazardous materials,
ground corrosion tests and resistivity tests, including necl'ssary operations for anticipating subsoil
conditions, with reports and appropriate recommendations.
4.6 The Owner shall furnish the services of consultants other than those designated in
Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the
scope of the Project.
4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water
pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections
and reports required by law or the Contract Documents.
4.g The Owner shall furnish all legal, accounting and insurance services that may be necessary
at any time for the Project to meet the Owner's needs and interests. Such services shall include
auditing services the Owner may require to verify the Contractor's Applications for Payment or
to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of
the Owner.
4.9 The services, information, surveys and reports required by Paragraphs 4-4 through 4.8 shall
be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 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.
ARTICLE 5 CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost 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.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials 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.
5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's
consultants, the costs of the land, rights-of-way and financing or other costs that are the respon-
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost
and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the
Architect's judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and
does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project
budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the
Architect.
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5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement
by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been
agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established,
the Architect shall be permitted to include contingencies for design, bidding and price escalation,
to determine what materials, equipment. component systems and types of construction are to be
included in the Contract Docu ments, to make reasonable ad justments in the scope of the Project
and to include in the Contract Documents alternate bids as may be necessary to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 9° days after the Architect
submits the Construction Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be ad justed to reflect changes in the general level of prices in the
construction industry.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is
exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Paragraph 8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the
Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4-4, the Architect, without additional
compensation, shall modify the documents for which the Architect is responsible under this
Agreement as necessary to comply with the fixed limit, if established as a condition of this
Agreement. The modification of such documents without cost to the Owner shall be the limit of
the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to
compensation in accordance with this Agreement for all services performed whether or not the
Construction Phase is commenced.
ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
6.1 Drawings, specifications and other documents, including those in electronic form,
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.
6.2 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 chaIH~es, corrections or additions to the Instruments of Service solely for purposes of
completir:~, using and maintaining the Project.
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER.
ARCHITECT AGREEMENT
The American Institute
of Architec
1735 New York Avenue, N.W.
Washington, D.c. 20006.5292
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AlA DOCUMENT B151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 Ne.., lùrk Avenue, N.W.
Washington, D.C 20006-5292
6.3 Except for the licenses granted in ['aragr,l )h 6.2, no other license or right shall be deemn!
granted or implied under this Agreement. The ()wner shall not assign, delegate, sublicense, pledge
or otherwise transfer any license granted herein to another party without the prior writlL'n
agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor,
Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the \Vork
by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes in connection with the Project is not to be
construed as publication in derogation of the reserved rights of the Architect and the Architect's
consultants. The Owner shall not use the Instruments 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. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and
the Architect's consultants.
6.4 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
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 Agreement.
ARTICLE 7 DISPUTE RESOLUTION
7.1 MEDIATION
7.1.1 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.
7.1.2 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, mediation shall
proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending
mediation for a period of 60 days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
7.2 ARBITRATION
7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by
mediation in accordance with Paragraph 7.1.
7.2.2 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 mutuall:' "'ee otherwise, shall
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be In ac(()rdance with the Construction Industry Arbitration Rules of the American Arbitration
Association currenth' in effect. The demand for arbitration shall be fìled in writing with the other
party to this Agreement and with the American Arbitration Association.
7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute
or other matter in question has arisen. In no event shall the demand for arbitration be made after
the date when institution of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute of limitations.
7.2.4 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.
7.2.5 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.
7.3 CLAIMS FOR CONSEOUENTIAL DAMAGES
The Architect and 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 consequencial damages due to either party's termination in accordance with
Article 8.
ARTICLE 8 TERMINATION OR SUSPENSION
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 seven
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 Architect shall be paid all sums due prior to suspension and
any expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
8.2 If the Project is suspended by the Owner for more 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 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.
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.
8.4 This Agreement may be terminated by either party upon not less than seven days' written
notice should the other party fail substantially to perforI,~ accordance with the terms of this
Agreement through no fault of the part\" initiating the tennlIlation.
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AlA DOCUMENT B151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.c. 20006.5292
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@1997 AIA@
AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, NW.
Washington, D.c. 20006-5292
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.
8.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination, together with Reimbursable Expenses
then due and all Termination Expenses as defined in Paragraph 8-7-
8.7 Termination Expenses are in addition to compensation for the services of the Agreement
and include expenses directly attributable to termination for which the Architect is not otherwise
compensated, plus an amount for the Architect's anticipated profit on the value of the services not
performed by the Architect.
ARTICLE 9 MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be governed by the law of the principal place of business of the
Architect, unless otherwise provided in Article 12.
9.2 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.
9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of limitations shall commence to run
not later than either the date of Substantial Completion for acts or failures to act occurring prior
to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or
failures to act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when the Architect's services are
substantially completed.
9,4 To the extent damages are covered by property insurance during construction, the Owner
and Architect waive all rights against each other and against the contractors, consultants, agents
and employees of the other for damages, except such rights as they may have to the proceeds of
such insurance as set forth in the edition of AlA Document A20l, General Conditions of the
Contract for Construction, current as of the date of this Agreement. The Owner or the Architect,
as appropriate, shall require of the contractors, consultants, agents and employees of any of them
similar waivers in favor of the other parties enumerated herein.
9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of this
Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written
consent of the other, except that the Owner may assign this Agreement to an institutional lender
providing financing for the Project. In such event, the lender shall assume the Owner's rights and
obligations under this Agreement. The Architect shall execute all consents reasonably required to
facilitate such assignment.
9.6 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.
9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third partv against either the Owner or Architect.
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9.8 Unless otherwise pr()\"ided in this Agreement, the ¡\rchitect and Architect's consultants
shall have no responsibility for the discovery, presence, handling, re 111 ()\'a I or disposal of or
exposure of persons to hazardous materials or toxic substances in any form at the Project site.
9.9 The Architect shall have the right to include photographic or artistic representations of the
design of the Project among the Architect's promotional and professional materials. The Architect
shall be given reasonable access to the completed Project to make such 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.
9.10 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.
ARTICLE 10 PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel 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 employee benefits,
insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services
and include expenses incurred by the Architect and Architect's employees and consultants
directly related to the Project, as identified in the following Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and
subsistence, and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of
Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance
by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the
expense of additional insurance coverage or limits requested by the Owner in excess of
that normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Article 12;
.8 other similar direct Project-related expenditures.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this
Agreement.
10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable,
shall be in proportion to services performed within each phase of service, on the basis set forth in
Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this
Agreement is exceeded or extended through no fault of the Architect, compe'1sation for any
services rendered during the additional period of time shall be computed in the ¡jìanner set forth
in Suhp<lragraph 11.3.2. I
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@1997 AIA@
AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W
Washington, Dc. 20006-5292
10.3.4 When compensation is based on a percentage of Construction Cost and any portions of
the Project are deleted or otherwise not constructed, compensation for those portions of the
Project shall be payable to the extent services are performed on those portions, in accordance with
the schedule set forth in Subparagraph 11.2.2, based on (I) the lowest bona fide bid or negotiated
proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of
(:onstruction Cost or detailed estimate of Construction Cost for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall
be made monthly upon presentation of the Architect's statement of services rendered or
expenses incurred.
10.5 PAYMENTS WITHHELD
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.
10.6 ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and services
performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually convenient times.
ARTICLE 11 BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 An Initial Payment of NO Dollars
($ -0- ) shall be made upon execution of this Agreement and credited to the
Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 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 sums, multiples or percentages. and identify phases to which
particular methods of compensation apply. if necessary.)
The Basic Compensation for Basic SelVices consists of a Total Stipulated Sum ("lump sum fee")
of: SIXTY-THREE THOUSAND ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS
($63,125.00)
Payable in monthly installments as invoiced by the Architect up to the following maximum
amounts per phase:
PHASE: % OF FEE FEE AMOUNT/PHASE
Schematic Design Phase: 0 % -0-
Design Development Phase: 20.0% $11,635.00
Construction Drawings Phase: 52.5% $30,545.00
Bidding or Negotiation Phase: 5.0% $ 2,895.00
Construction Phase: 22.5% $13,100.00
TOTAL: 100% $58,175.00
(Note: Total Stipulated Sum equates to approximately 5.1 % of $1, 140,000.00 January 2003
construction budget amount.)
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
,~' A (chitects
1735 New York Avenue. NW
Washington, Dc. 20006-5292
11.2.2 Where COm[1l'Il\atloIl IS based OIl a stl 1Ulatcd sum or percentage of Construction Cost,
progress payments for Ba\ic Services in each phase shall total the following percentages of the
total Basic Compensation payable:
(1llsert additioflul phases as uppropriute.)
SEE 11.2.1 FOR PERCENTAGES.
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
percent (
percent (
percent (
percent (
percent (
'Yo)
'Yo)
'Yo)
%)
'Yo)
Total Basic Compensation:
one hundred percent (100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3,1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compen-
sation shall be computed as follows:
The Architect will provide Project Representation beyond Basic Services at the following rates:
Architect: $80.00/hr.
Designer: $55.00/hr.
Structural Engineer: $ 125.00/hr
Mechanical Engineer: $125.00/hr.
Electrical Engineer: $1I5.00/hr.
Technician/Drafter: $55.00/hr.
Clerical: $35.00/hr
Reimbursable Expenses: 1.1 times actual cost.
Architect will only engage in Project Representation beyond Basic Services when authorized in
writing by the Owner.
11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than
(1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in
Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be
computed as follows:
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which
particular methods of compensation apply, if necessary.)
The Architect will provide Additional Services at the following rates:
Architect: $80.00/hr.
Designer: $55.00/hr.
Structural Engineer: $125.00/hr
Mechanical Engineer: $ I 25.00/hr.
Electrical Engineer: $1I5.00/hr.
TechnicianlDrafter: $55.00/hr.
Clerical: $35.00/hr
Reimbursable Expenses: 1.1 times actual cost.
Architect will only engage in Additional Services when authorized in writing by the Owner.
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of P. -hilects
173: ,~ew York Avenue, 1>1. N.
Washington, D.C 20006-5292
11.3.3 For Additional Services of Consultants, including additll1'1al structural, mechanical and
electrical engineering services and those provided under Subparagraph 3-4-1':) or identified in
Article 12 as part of Additional Services, a multiple of ONE POINT ONE ( 1.1 ) times the
amounts billed to the Architect for such services.
(IdClltify specific types of collsllitants ill Article 12. if reqllired.)
11.4 REIMBURSABLE EXPENSES
For Reimbursable Expenses, as descrihed in Paragraph 10.2, and any other items included in
Article 12 as Reimbursable Expenses, a multiple of ONE POINT ONE ( l.l ) times
the expenses incurred by the Architect, the Architect's employees and consultants directly rdated
to the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Services covered by this Agreement have not been completed within
EIGHTEEN ( 18 ) months of the date hereof, through
no fault of the Architect, extension of the Architect's services beyond that time shall be compen-
sated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable TEN 10 ) days from the
date of the Architect's invoice. Amounts unpaid THIRTY (30) days after
the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit
laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project
and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to
deletions or modifications, and also regardillg requirements such as written disclosures or waivers.)
11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance
with the normal salary review practices of the Architect.
ONE PERCENT (1%) PER MONTH APPLIED TO THE UNPAID BALANCE
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AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, DC 20006-5292
ARTICLE 12 OTHER CONDITIONS OR SERVICES
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SEE A IT ACHEMENT FOR MODIFICATIONS TO THIS AGREEMENT.
This Agreement entered into as of the day and year first written above.
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(01997 AIA@
AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N ' ,
Washington, DC 20006-5292
A TT ACHMENT A
ARTICLE 12 OTHER CONDITIONS OR SERVICES
Page I of 3
Modify the following Agreement paragraphs as noted below:
2.1 DEFINITION
Delete the paragraph in its entirety and substitute the following:
"The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other
services identified in Article 12 as part of Basic Services, and include normal structural, mechanical, and
electrical engineering services specifically related to the Project. The Architect shall retain the required
structural, mechanical, and electrical engineering consultants as his sub-consultants. The Architect's Basic
Services shall include the coordination of the sub-consultants' project-related work activity, reviewoftheir
work for conformance to the Project requirements, and monitoring of their progress for conformance with
the Project schedule."
2.2 SCHEMATIC DESIGN PHASE
Delete Paragraph 2.2 SCHEMATIC DESIGN PHASE in its entirety. The Architect has provided
Schematic Design Phase services under a separate contract as part of a previously completed study. The
Basic Services and Basic Compensation contained in this Agreement do not include the previously
completed Schematic Design Phase services and begin with Paragraph 2.3 DESIGN DEVELPOMENT
PHASE, and include subsequent services described in ARTICLE 2 SCOPE OF ARCHITECT'S BASIC
SERVICES. Owner initiated program or other changes that require Schematic Design Phase services fall
in Additional Services and require a supplemental agreement for such services between the Architect and
the Owner.
2.3 DESIGN DEVELOPMENT PHASE
Add the following new subparagraph:
"2.3.3 The Design Development Documents submitted to the Owner for review shall conform to
applicable building codes and regulations, including but not limited to: 2003 International Building Code,
2003 International Fire Code, 2003 Uniform Mechanical Code (IAPMO), 2003 Uniform Plumbing Code
(IAPMO), 2002 National Electrical Code, Americans with Disabilities Act Accessibility Guidelines for
Buildings and Facilities (ADAAG), Salina Code - Chapter 35 Streets, Sidewalks, and Other Public Places,
and Salina Code - Chapter 42 Zoning Regulations."
2.4 CONSTRUCTION DOCUMENTS PHASE
Add the following new subparagraph:
"2.4.5 The Architect shall prepare a code footprint drawing complying with the Kansas State Fire
Marshall's requirements, and shall submit the code footprint to the City of Salina Department of Building
Services as part of the building permit application."
2.4.4 Delete the subparagraph in its entirety and substitute the following:
"The Architect shall obtain approval of the completed Construction Documents from the Owner.
Following approval by the Owner, the Architect shall submit Construction Documents, in the required
quantity and format, to the City of Salina Building Services Department with an application for a building
permit for the Project. The Architect shall provide responses to requests for information and/or changes in
the Construction Documents initiated by the City of Salina Building Services Department as part of the
building permit review, and shall advise the Owner of any resulting changes in the Construction
Documents. The Architect shall initiate, or direct the initiation of, applications for other permits, ifany, for
portions of the Work of the Project described in the Construction Documents."
ARTICLE 12 OTHER CONDITIONS OR SERVICES (Cont)
Page 2 of 3
2.5 BIDDING OR NEGOTIATION PHASE
Add the following new subparagraph:
"2.5.1 The Architect shall notify all Construction Documents holders ofrecord ofthe schedule for. and
shall conduct. an on-site pre-bid meeting to discuss the project scope, bid requirements, and receive
questions. The Architect shall issue an Addendum to all Construction Documents holders of record
providing answers to questions submitted."
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
Add the following at the end of subparagraph 2.6.5:
"The Architect shall visit the site at least weekly, and more frequently as required by the construction
activity. The Architect shall report conditions, which in the opinion ofthe Architect pose an immediate
safety risk to the Contractor, subcontractors, or the public. The Owner authorizes the Architect to act on
the Owner's behalf by stopping the work when in the Architect's opinion, the work in question poses an
immediate risk of peril to human life or damage to property."
Add the following at the end of subparagraph 2.6.6:
"The Architect shall require through the Construction Documents, that the Contractor prepare "as-built"
drawings consisting of annotations on two sets of Project Drawings describing approved deviations from
the original Project Drawings. The Contractor shall deliver the two sets of "as-built" drawings to the
Owner prior to issuance of the Certificate of Occupancy for the Project and as a condition of final
payment. "
Delete subparagraph 2.6.18 in its entirety.
ARTICLE 4 OWNER'S RESPONSIBILITIES
Delete Paragraph 4.6 in its entirety and replace it with the following:
"4.6 The Architect shall furnish as Additional Services, the services of consultants other than those
designated in Paragraph 4.5, and other than those nonnally required as part of the Project, when such
services are required by the Architect as necessary to complete the services of the Project.
ARTICLE 7 DISPUTE RESOLUTION
Delete ARTICLE 7 in its entirety.
ARTICLE 8 TERMINATION OR SUSPENSION
Delete Paragraph 8.6 in its entirety and replace it with the following:
"8.6 In the event oftennination not the fault ofthe Architect. the Architect shall be compensated for
services perfonned prior to tennination, together with Reimbursable Expenses then due.
Delete Paragraph 8.7 in its entirety.
ARTICLE 9 MISCELLANEOUS PROVISIONS
Delete Paragraph 9.3 in its entirety. Insert City of Salina publication "Professional Service Insurance
Requirements" Rev. 1/31/01 (copy attached).
Delete Paragraph 9.4 in its entirety.
ARTICLE 12 OTHER CONDITIONS OR SERVICES (Cont.)
Page 3 of 3
ARTICLE 10 PAYMENTS TO THE ARCHITECT
Delete Clause .1 under subparagraph 10.2 REMBURSABLE EXPENSES and insert the following:
".1 transportation and subsistence expenses for Project-related travel outside Salina, Kansas, when
requested and authorized in advance by the Owner."
(Delete Clause .4 under subparagraph 10.2 REMBURSABLE EXPENSES and insert the following):
".4 expense of overtime work requiring higher than regular rates when authorized in advance by the Owner
to accomplish an accelerated Project completion schedule.
NEW CLAUSE:
The Architect shall complete Basic Services through completion of 2.4 CONSTRUCTION DOCUMENTS
PHASE no later than I May 2005, unless the Owner authorizes in writing an adjustment, and subject to
other provisions of the Agreement. The Architect acknowledges that the Owner intends to bid the Project
during May 2005.
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Professional Service Insurance
Bflquirements
The following requirements shall not be construed to limit the liability of the Engineer/Architect or it's
insurer(s). The City does not represent that the specified coverages or limits of insurance are
sufficient to protect the Engineer's/Architect's interests or liabilities. Required coverages are to be
maintained without interruption from the date of the commencement of the work until date of final
payment and termination of any coverage required to be maintained after final payment, For
purposes of this document, the term Contractor refers to the project Architect or Engineer.
Questions regarding these requirements should be directed to Michael Morgan, Deputy City
Manager at (785) 826-7475.
Professional Liability - Errors and Omissions
The Contractor shall provide Architects or Engineers Professional Liability Insurance with
limits not less than $500,000, co-..ering the liability of the Contractor and any and all
consultants, agents, independent contractors, etc. \\hich are employed or retained by the
Contractor. The insurer must be acceptable to the City of Salina. In the e-..ent coverage
provided is claims made coverage, the insurance shall be maintained br a period of not
less than three (3) )ears after completion of the contract or in lieu thereof purchase of tail
coverage (extended reporting period) under Wiich the City of Salina shall be afforded
protection. Upon review of each project, the Deputy City Manager may require higher
coverage limits.
In lieu of the above coverage, the Contractor may provide the described coverage for his
own firm in the above amount and submit proof all his consultants, agents and independent
contractors have insurance deemed adequate by the City of Salina.
Certificate(s) of Insurance
Certificate(s) of Insurance acceptable to the City shall be filed with the City at the time the
contract between the City and the Contractor is executed. These certificates shall contain a
provision that coverage that is afforded under the policies will not be canceled or
substantially changed until at least thirty (30) days prior written notice has been gi-..en to the
City and acknowledged. Note: if the Contractor is subject to mrker's compensation law a
certificate shall be provided.
Notice of Claim
The Contractor, upon receipt of notice of any claim in excess of $1,000 in connection with
this contract shall promptly notify the Deputy City Manager, (785) 826-7250, pro..;ding full
details thereof, including an estimate of the amount of loss or liability.
Indemnification Clause
The Contractor agrees to indemnify and save harmless the City, its officials, agents,
servants, officers, directors and emplo)ees from and against all claims, e>penses,
demands, judgements and causes of action for personal injury or death or damage to
property where, and to the extent that, such claims, e>penses, demands judgement or
causes or action arise 1Tom the Contractors negligent acts.
Rev. 1/31/01