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Document B 155TM - 1993
Pn:>$d C6-l6L8'
Standard Form of Agreement Between Owner and Architect for a Small Project
I This AGREEMENT is made: July 11, 2005
(Date)
BETWEEN the Owner:
City of Salina
300 West Ash
Salina, Kansas 67401
and the Architect:
I DMA Architects, PA, Subchapter S Corporation
2035 E Iron #100 / Salina, Kansas 67401
for the following Project:
I City of Salina Bicentennial Center
Bicentennial Center / 800 THe Midway / Salnia, Kansas 67401
The Owner and Architect agree as follows.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AlA standard form. An
Additions and Deletions Report
that notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
AlA Document B155TM -1993. Copyright @ 1993 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 10:46:39 on 07/14/2005 under Order No.1 000170542_1 which expires on 4/5/2006, and is not for resale.
User Notes: (3261632578)
1
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ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
The Architect shall provide architectural services for the project, including normal structural, mechanical and
electrical design services. Services shall be performed in a manner consistent with professional skill and care.
§ 1.1 During the Design Phase, the Architect shall perform the following tasks:
.1 describe the project requirements for the Owner's approval;
.2 develop a design solution based on the approved project requirements;
.3 upon the Owner's approval of the design solution, prepare Construction Documents indicating
requirements for construction of the project;
assist the Owner in filing documents required for the approval of governmental authorities; and
assist the Owner in obtaining proposals and award contracts for construction.
.4
.5
§ 1.2 During the Construction Phase, the Architect shall act as the Owner's representative and provide administration
of the Contract between the Owner and Contractor. The extent of the Architect's authority and responsibility during
construction is described in this Agreement and in AlA Document A205, General Conditions of the Contract for
Construction of a Small Project. Unless otherwise agreed, the Architect's services during construction include
visiting the site, reviewing and certifying payments, reviewing the Contractor's submittals, rejecting nonconforming
Work, and interpreting the Contract Documents.
ARTICLE 2 OWNER'S RESPONSIBILITIES
The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the
project, and shall establish a budget with reasonable contingencies that meets the project requirements. The Owner
shall furnish surveying, geotechnical engineering and environmental testing services upon request by the Architect.
The Owner shall employ a contractor to perform the construction Work. The Owner shall furnish for the benefit of
the project all legal, accounting and insurance counseling services.
ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS
Documents prepared by the Architect are instruments of service for use solely with respect to this project. The
Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall
not reuse or permit the reuse of the Architect's documents except by mutual agreement in writing.
ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT
In the event of termination, suspension or abandonment of the project, the Architect shall be equitably compensated
for services performed. Failure of the Owner to make payments to the Architect in accordance with this Agreement
shall be considered substantial nonperformance and is sufficient cause for the Architect to either suspend or
terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven
days' written notice if the other party substantially fails to perform in accordance with the terms of this Agreement.
ARTICLE 5 MISCELLANEOUS PROVISIONS
§ 5.1 This Agreement shall be governed by the law of the location of the project.
§ 5.2 Terms in this Agreement shall have the same meaning as those in AlA Document A205, General Conditions of
the Contract for Construction of a Small Project, current as ofthe date of this Agreement.
§ 5.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to this Agreement. Neither party to this Agreement shall assign the contract as a whole without
written consent of the other.
§ 5.4 The Architect and Architect's consultants shall have no responsibility for the identification, discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project
site.
ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT
The Owner shall compensate the Architect as follows.
§ 6.1 The Architect's Compensation shall be:
(Indicate method of compensation.)
AlA Document B155TM -1993. Copyright @ 1993 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 10:46:39 on 07/14/2005 under Order No.1 000170542_1 which expires on 4/5/2006, and is not for resale.
User Notes: (3261632578)
2
.,.
I Upon Completion of the Design Phase: $1,000/ Upon Completion of the Construction Document Phase: $1,500/
Upon Completion of the Bidding Phase: $500/ Upon Completion of Construction: $1,000
I
I
of which an initial payment retainer of Zero Dollars and Zero Cents ($ 0.00 ) shall be paid upon execution of this
Agreement and shall be credited to the final payment.
§ 6.2 The Architect shall be reimbursed for expenses incurred in the interest of the project, plus an administrative fee
of Zero percent ( 0.00 %).
(List reimbursable items.)
Not Applicable
§ 6.3 If through no fault of the Architect the services covered by this Agreement have not been completed within
Twelve ( 12 ) months of the date hereof, compensation for the Architect's services beyond that time shall be
appropriately adjusted.
§ 6.4 Payments are due and payable upon receipt of the Architect's invoice. Amounts unpaid 15 ( Fifteen) days
after invoice date shall bear interest from the date payment is due at the rate of Eighteen percent ( 18.00% ) per
annum, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect.
(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.)
§ 6.5 Architectural Services not covered by this Agreement include, among others, revisions due to changes in the
scope, quality or budget. The Architect shall be paid additional fees for these services based on the Architect's
hourly rates when the services are performed.
ARTICLE 7 OTHER PROVISIONS
(Insert descriptions of other services and modifications to the terms of this Agreement.)
I 7.1 DMA Architects, P A carries $250,000 of professional liability insurance, workman's compensation and general
liability insurance.
This Agreement entered into as of the day and year first written above.
(If required by law, insert cancellation period, disclosures or other warning statements above the signatures.)
~~A
(S nature) - ~
I Jason Gage City Manager
(Printed name and title)
A~Q J1l~- - -
(Signature)
Donnie D. Marrs, President
(Printed name and title)
-
AlA Document B155TM -1993. Copyright @ 1993 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 10:46:39 on 07/14/2005 under Order No.1 000170542_1 which expires on 4/5/2006, and is not for resale.
User Notes: (3261632578)
3