Municipal Court Addition/PD Remodel
1997 EDITION
AlA DOCUMENT 8151-1997
II1II Abbreviated 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)
25th day of June
Two Thousand One (2001)
(Name, address and other information)
BET WEE N the Architect's client identified as the Owner:
and the Architect:
(Name, address and other information)
For the following Project:
(Include detailed description of Project)
City of Salina, Kansas
City-County Building
300 W Ash, PO Box 736
Salina KS 67402-0736
785-309-5700 Fax 785-309-5711
Jones Gillam, Architects & Engineers, Inc.
730 N 9th, PO Box 2928
Salina KS 67402-2928
785-827-0386 Fax 785-827-0392
Salina Municipal Court Addition
Police Department Remodel
J-G Project No. 00-1776
The Owner and Architect agree as follows.
Copyright 1974, 1978, 1987, @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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@1997 AIA@
AlA DOCUMENT B151-1997
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, 3 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
adjusted 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.
**1.5 - (see attached supplement to AIA B151)
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 advise the Owner of any adjustments to the preliminary estimate of
Construction Cost.
**2.3.3 (see attached supplement to AIA 8151)
**2.3.4 (see attached supplement to AIA B151)
**2.3.5 (see attached supplement to AIA B151)
WARNING: Unlicensed photocopying violates U.s. copyright laws and will subject the violator to legal prosecution.
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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, D.C. 20006-5292
I
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments 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
Project.
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. **If any construction cost adjus1:Irents are necessary, Architect shall
recarIIffld to CMner project options that ITEY later be sutmitted as Bid Alternates
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. **( see attached supplement to AlA B151)
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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, D.C. 20006-5292
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. ** (see attached
supplement to AIA B151)
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. **( see attached supplement to
AIA B151)
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, (1) 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, the Architect shall not be required to make exhaustive or
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
continuous on-site inspections to check the quality or quantity of the Work. The Architect shall
neither have control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with
the Work, since these are solely the Contractor's rights and responsibilities under the Contract
Documents. **( see attached supplerrent to AlA 8151)
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. **( see attached
supplerrent to AlA 8151)
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. **f'see attached supplerrent to
AlA 8151)
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 Work.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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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. 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, N.W.
washington, D.C. 20006-5292
2.6.11 The Architect shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or
separate contractors, while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the 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 equipment 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
intent expressed in the Contract Documents.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
Delete 2.6.18 in its entirety:
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ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 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 services 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. **!b additional services can be perfornro by Architect without written
approval fran CMner.
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 B352 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 CONTINGENT ADDITIONAL SERVICES
3.3.1 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 Drawings, Specifications and other documentation resulting
therefrom.
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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, 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, N.W.
Washington, D.C. 20006-5292
3.3.5 Providing consultation concerning replacement of Work damaged by 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 Work 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 extensive 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 programmmg 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.
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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, expandability, 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 services of geotechnical engineers when such services are
requested by the Architect. Such services may include but are not limited to test borings, test pits,
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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
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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, D.C. 20006-5292
determinations of soil bearing values, percolation tests, evaluations of hazardous materials,
ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate recommendations.
**Architect
4.6 The /QwHer 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. **and approved in writing by the ONner. Services for telephone
systems and fiber optic lines shall not be included in this section.
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.
4.8 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 Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids as may be necessary to adjust the
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 90 days after the Architect
submits the Construction Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted 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 changes, corrections or additions to the Instruments of Service solely for purposes of
completing, using and maintaining the Project.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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, D.C. 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
6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed
granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge
or otherwise transfer any license granted herein to another party without the prior written
agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor,
Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work
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 **Delete Article 7 in its entirety.
1.t----ME&/A-'HON--
-1.t:i---Any-elaim,-ettspute'"ffl'-etfter-fHoaH~F-ffi~ioG-.a~isiQg-Gm-Qt:.Q+'...r.d.ated..-t.o-t.hi.S-.Agrppmpnl
-sh<rHtre-Sttbject-to-mediatron-a~~ttffiH1*ff.eJefH.-te-ar.ffiH:at~-or-400-imti.Wtiou-Oi_legalJJr__
-eqoitabte'pmceedings-by crt-IIn pall y:-fhueftm8'Hff'i'elateHe-of)f-i&4:Re~-4t:a-lie-n-a~~.Ql.It___
-nf-m-e-mctrite-crr"St'rvTces;-tht'-1\rrhrtec:t-may--proet'ed-irt-fteC"t)ftlft.ft€e-wi4:fi-a~pH€.a9l€--1aw--tg
-comply-W1tlTlh~itffiTIOttCe-m-fitirrg-de:nttint's-priorto~oltt1:mn-cl-tnemtlHff~fflecl.itHieft.-er-
-oy-aroTfral1on.----
-'1:i:-2----'ftre-ewnel""-and-A'fehtt-eet'SftftH--eHtleavef-ffl-TeseW-€-c-laHw;,-~~-Othe+...m.at.tersiu
-qrrestiurrbetweenilrem-by-medtatron-whtdt;'tlftle~tne1>ftf~-fft\:HHilllr~-€-€-GtJ1€-Tw.i-6~,...sha.I.l..h€
-trnrccOlmrrR.~ with-the--eOTIstruct'iurr hnhrstry MediMtfflt-Rt1les-'6f-Hte-~ffiefi€aH--Affiitf'<fkflH-
-7\ssocrattofnml'enrtY;Treffett:~iDTmt'diation-strntl-be-filed-in-'l"l'Ttt1-ng'Wttft-.the..e-tfter~aR-r-
-r6lhls~gfeemennrnd-wtrlrttfe-]\merinlTr]\Tbitratimr-A1>1>uLidlion:-"'fhe-~t--m-ay-be""t'mltie
-coii.clirreiiny-wTrnlhe-1ilrng-otiCctemJ'fId-f<JrllTbitr~tiurrimt;-;n-Sttc:h-event;-rrrediatimr~ho:H-
-proceeo"in-ad'vance-ofar5ilf1ifion-oftega1-or-eqaITabte-prcrct:ediTrgs;-whi'Ch-sinrlttre"'Stayed-prnding--
-medI:rt'iurr-fora-pcrTod-<:l'f't1trd-ay~-ft'tlffl'-tfte-.tl.ttte-e-f-4tHHgT-Hnle65-.tJ~.fel'--a-~_~~i.od-.h1'__
-'llgTe-emrnt-crfrlre~lJrcm:rrt-order.
--1.,.H----:r*flaHi~s--6aall~~...the-~islee..aIU:LauyJ:ili~.equal4'_.Ib..C-llle.dia1iQJJ.-slutlL
-be-held-irtthe-pltteewfl.efe-th€-PTej&4:-i&~.Q.,.~~~a~ot.he.I:-~is.J.Uu.t.u.a.lly:.agreed.liflliU.
-'*greement'3"'t'e:teft:ecl.-ffi-metltatffiH~-oo--eflf~€-a&-~W~-ag~s.iu-auy--O;;lUJ:.t
-furving-jmTsdictimrthereof:--
--1...:1-----ARil.J.RA.l.I.oN.--
-"*2-.l---AQ'f-c-la~4Sj+blw...~4t~-n:l.aUex-iu.-questiou...arisi.r.1g-0ui.nf-DLrel.aJ.edioJ.his...Agn:~mmL__
--sftfttl-be'SI:l-Bjec-t-t-e-affii-t-Fatfe.R:-PHor-t~+t:atiG.Q.-the-paA.ie.s.sball..en.d.e.<umrj () rp ~() 1.\le. cI i ~ pI I t P~llr---
--med1Mttlfl-ffi-~-e-wttfl.-Parilg~ttflR-r.I.
-~:2""'--ehrims;"di:spnte3-a:nd"'mhet'ifitlHef~-tH~tfflt.ee-t-weeH4he-~aHi@.S-~a.re-Qot.~.>,le.d..by
-'Tl'~matiorrstnrltbt'-det:Tded-brarbitratmn'Whielr,-t:tttles!l'tfte1>ftftie5-fft\:Hl:lilllr-agr-€e-otA€~wi6@.,--6hal1
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.re-i:n--a€€6~wttfl-the-~-6flS'lt't:taitffl-lftclttmr-Al'bttf'fttic:ln-Rttles--e*-the-Amerit':a:n-Arbitra:tion---
-t\9s6€tatffm-t:-ur"feRtlr-ffi-effeet:-'Hte-demltRd-fm-arbth'a:tton_~ha:H"'bdrted-;.n"'Writing-with-tlle utlleI
-pttrtrt(')-tm~7\greement-a:nd""'l'rith-the"1\rrn:1 iunr Al Li h-atimr1rssm:i'atTcm:--
7:-2:!--*-dermmd-furarbitnrtTcm-strntrb~, IldJe wi titiTra:-reaS"cma:bre-timemertiTe-Ltrtm;-dh;pmr-
01 ottrenmrrrrrtrrqaesttaniTJ5"":rrtsm:-hrTI02Ve-iTrsh[tlLhe-d"em:a1'1aforarorrfartoii"Dema-aearrer'---
thl.'LtJtl.'''Whl.'n-limttmlono11egatorequlra!:i1'e-proceeilliigsliasea-ofisuc'tCctaim;-diSpUIeoTOfileT-
mafieflii-qlIestlOfiworrtctoeoarreG-oyTfie-app1ica15le-s1iiflile-ofTlffiil"aTlons-:
l~!__No..arbitr.a1ion..a.ci.siug.DUt...o(.or..r.elatiug..to....thi~~eut..w.lL.incll.lde,..b~...wnsoliGatiQn
.or~.oiude.].:..oriu...au)l-.mhe+...m.auner,...au...addi.tiou.aI-pe~<<~t.y.+Wt-*.pa+~y..tQ-t.hiS..Agi:€-€HH~Rt;-
ex(;e.pt....hy_wriUeu-~R~.-;QU.t<l,in.i~-a-&pe.ciH.-;-+e-f@l'OOC-e-~-t.hiS.~@R~-ana.~Rea~-tHe----
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Ht'fel;4Rg-iHT-aJ4tfentH13ff-5tffi-8r-effittr-sftftH.-fl6t-e6ftI5tttttte-effit8eftt-ffi-il"fbit1'lthtm-c:lf"Mlj'""eta:tm;----
~~ffl'""'6ther-tmttter_in-qt1estitffl-nffl-clesertbed-_in-the"'Written'-oonsent"""I"''With-a-persorr-or
entttr-nm-nltmed-tt~el ibcd tlrerem.-'Fhe-furegoTn:g-a:greementto<rrbitrare-rnd otlter d15I eenrerrts--
to aIbi-tt'ate'With-a:n-additTcmal-pcrSUIT-urrntity-duly-ccmS"errred-tCJ-by-~"'ttr"ttm-AgTe-enrerrt--
~hall...be-~.f~lf~for<<abk:-in-<l,~-e-with-aflf>lK.able-.law-iH-aH-y.€ffi+f!,..aa"".ffig-tHHsaK-t.teR-
t.h~~.,.
1.;t:s--.:J:fte.-ftWftfft-~br-t-he-ftrfflt~I"''ft1'bit1'lthm~-be-ftmlj"''and-judgmen1.-nray-be-
efltered-t1pmri:t~lteem-danee-withwtcable-law-many-rourt-havTng-jtrrisdIctTrnrthTIeUf.
l.3....___.clAJMS..EOR-CONSiOU.UU'JAUlAMAGU--
.:r.he...Ar~hit.eQ...and.'Ow.oor-w.aivG-.-;QWi~Y~R~_4lm.ag@s.-f'*-c.JaiHH;...a~-6~F-.fH,~@F-.fRaM-e-F&-+R--
~-6~-ef}-aHs.ffig--oot-ef-er-Fel8'~Hg-ffi-+flt&-A:gfeeffiffit.,..::fffis--tffift-tttH-w8'Wef-i-s-applteable,-wttfttmt--
+i+Att-at-iefr,-ffi--ttll-€efl5et1Heflt:ffil--aft~dt1e-hT-etthet--pttt'ti~-termi1t'lttton--in-a:eeordaIn=e-with--
Mic-le-&.------
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 perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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, 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. N.W.
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..ando:H--Tennlnatn:m Cxpcns<:~defined-m-flangrapft-tl:7.
8.7 /~Mt~~~~~~~~t.i~tG.~gmp~Q~ga-for~~b~4-t~Ag~
aR6-f.tK-tH6e~~-diTeC-t-ty'aHri-8Hffi.Bl.e-t-e-tefffiinatieR-fef-WHK-h-t-He-Ait.fHtet:4-itr-net-eHter-wi5€
~~etl,~ttfl:1Hftt)ttnt-for-t.fte-Arehtt~ttRttt:+p!t1:efrflfflHtffl1'4fte-V!tltte-6f.tfte.'SeffleeS-ftt)t
~rformed-brthe7\rdritect:-
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.
**Delete 9.3 in its entirety
9.3 / Cautre5-4-tt€tieR..eet-weeR-t-Re-plift-ie6-t-e4hitt-Agi:ee+HeH~i*'Tttti.ffiHg-te-ttc-ttt-er-fai.lur-@tt4e-ttc4
~h!tH-be-tleetned-h7~"t:"f"tletl--atttt-tfte~ablc 3ttlttttes-6f-l-iRTrlfthffllS-shftll-e6fftffleftC-e-to-fttR
nm-la:terthan-eithet-the-da:te-(')f-5ttbsta:nti-a+€-ompletitm-fm-a:ets-ttl""f.rih:tres-to-t1et-~et1rring-prffir
tr,..StrbstantiaH::--ornpi~tiurrur"tlle JaLe ofTsstrnrrce-oftht"-firntr€-ertifrc-atd"or-flaym~nt-foracts""(:Jl'
failuI e:; to--at:t-oLcrrning--afrer~Lrbstantiat-eurnpirtTon:--m--m:n;~vern-,;h(rH":mclr""5t-atcrtes'"""O f
timmrrtum;--cmmnl:'nLl:'-to-TOn--mry-"iatcr'"ttrnrr-rtn:-d:rtt:-wh~Tr""ttre--mrlrite-ct's--scrvtces-~-
S"croSTIimtrttY"Lomptt!tl:'n:- **City of Salina Professional Insurance Requirerrents (attached).
/**-.Ilelete Q.4 iT\j-t13__eI1ti~ty ] 1 . ...l . . ,L n"'_M
9.4 :.r~ffte:e~feftt-tfftffl'~~~Y1'f~~TftsttffiftC-e-OttfHtg-e6flSffi:tc-tffift,n=-~r=
a:nd-A1'ehrteet-wai"e-alt-1'i:glm~n~t-etleh~d~n~t-the-oont1'a:ehml;-e(')n~t1I:t-ant~,~
and-ernpj:oyet"S"m-ttre-otherford-am~-eACept-stteh-rightS"-as-ttrey-may-trave-m-the--pmt:t"edS"m---
SlJLh-insurant:t"as-;;ITforth-irrrtre--editiurrm-AtA-Duamrent-A'"2UI;-D-errerat-eonditioTJS-ofth~---
euntrat::rfcrreurrstmt::riurr,urrrern-:IS""Uf""ttre-d:rtt:ofthrs-AgTe-errrerrt:-'l'tre-ewnl:'r"UI'1:trr:ATdrttl:'tt;---
lIS"].J5T5IT>1"1"t<Itl:'-;-S"h:a:tl~LJ.TIi:Fenflht.'-cum"flILr6l'S-;-Llln~ahllntS",-~~"'1fmtt.'1TIp~~lIT'-myljf"'1mm--
siffiilarwaiVerSifiravofo1"'1111rorller-parueseii.Tirnef<ireo-nerelii.-:--
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 party against either the Owner or Architect.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
, '
9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants
shall have no responsibility for the discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials or toxic substances in any form at the 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 ILl 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, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth
in Subparagraph 11.3.2.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
8'11
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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, D.C. 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 (1) the lowest bona fide bid or negotiated
proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of
Construction 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 -NjA- Dollars
($ ----------------) 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.)
Lump Sum Fee of $88,500.00
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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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
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 additional phases as appropriate.)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
Fifteen
TWenty
Forty
Five
TWenty
percent ( 15%)
percent ( 2CJ'Io)
percent ( 4tJ'/0)
percent ( 5%)
percent ( 20>/0)
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:
As authorized and confirned in writing by o..mer
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.)
As authorized and confirnEd in writing by o..mer
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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
11.3.3 For Additional Services of Consultants, including additional structural, mechanical and
electrical engineering services and those provided under Subparagraph 3-4.19 or identified in
Article 12 as part of Additional Services, a multiple of one [X:lint one (1.1) times the
amounts billed to the Architect for such services.
(Identify specific types of consultants in Article 12, if required.)
11.4 REIMBURSABLE EXPENSES
For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in
Article 12 as Reimbursable Expenses, a multiple of one [X:lint one ( 1.1 ) times
the expenses incurred by the Architect, the Architect's employees and consultants directly related
to the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Services covered by this Agreement have not been completed within
-N/A () 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 Thirty 30 ) days from the
date of the Architect's invoice. Amounts unpaid thirty-one (31) 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.)
we percent (1%) of unpaid balance of the irwoice
(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 regarding 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.
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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
I
ARTICLE 12 OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, identify Additional Services included within Basic Compensation and
modifications to the payment and compensation terms included in this Agreement.)
Subparagraph 10.2.1.1 and 10.2.1.4 shall be included as a part of Article 2, Architect's
Basic Services.
Construction plans and specifications shall be ready for bidding by December 2001,
subject to CMner's schedule, infornation, approvals, and any changes in the scope of work.
This Agreement entered into as of the day and year first written above.
CITY OF SALINA, KANSAS JOOS GIllAM AR
...
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Kristin M.Seaton, Mayor
(Printed name and title)
Jeffrey S. Gillam, President
(Printed name and title)
1!J1997 AIA@
AlA DOCUMENT 8151-1997
ABBREVIATED OWNER-
ARCHITECT AGREEMENT
CAUTION: You should sign an original AlA document or a licensed reproduction. Originals contain the AlA logo
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document.
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
Supplement to AlA B151
Salina Municipal Court Addition
Police Department Remodel
J-G Project No. 00-1776
** 1.5 The Architect shall be responsible for procurement of all design-related subcontractors, coordination of their
work activity, and the quality of their final work product. Architect shall also have responsibility for
coordination with related utility providers for the design-related review of utility relocations. Procurement
shall not include work related to telephone systems or fiber optic lines. Architect shall also be responsible for
coordination of artistic aesthetic enhancement to the project.
**2.3.3 The Architect shall prepare a code footprint for review by City Development Review Team (DRT) and shall
assist Owner in representation of project to DRT as needed.
**2.3.4 The Architect shall insure Design Development Documents are prepared in accordance with all applicable
City, State, and Federal building laws and requirements. This shall include, but not be limited to: "1997
Uniform Building Code", "1997 Uniform Plumbing Code", "1994 Uniform Mechanical Code", "1994
Uniform Fire Code", "1996 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".
**2.3.5 The Architect shall use a licensed professional engineer with a civil engineering specialty for the design of the
parking lot, related storm drainage, necessary right-of-way work, and any other related site improvement. A
licensed mechanical engineer shall be used for all related mechanical design, a licensed electrical engineer for
all related electrical design, and a licensed plumbing engineer for all related plumbing system design. In
addition, a licensed landscape architect shall be used for preparation of a landscape design plan for the site.
Architect shall retain final authority and responsibility over work performed as required in this section.
**2.4.4 Prior to submitting plans and specifications to City for review, Owner shall provide approval of final project
design and specifications. Upon obtaining approval from Owner, Architect shall submit a complete set of
project plans (two full size sets and two half size sets) and specifications for all aspects of project to City
Department of Building Services for review and approval.
Architect shall be responsible for obtaining all necessary regulatory permits related to project prior to
soliciting bids for project construction. This shall include, but not be limited to permits related to the
following: building structure, electrical systems, mechanical systems, plumbing systems, building signage,
and any work in public right-of-way.
~*2.5 Add the following language, as follows: Architect shall conduct a pre-bid meeting with all potential bidders
and other related parties to provide a project overview and scope, discus design documents, address bid
requirements and expectations, and answer questions.
**2.6.1 Add the following language, as follows: Prior to the commencement of construction, the Architect shall assist
the Owner in preparing a transition plan to insure the uninterrupted delivery of services from the law
enforcement building during the construction phase.
**2.6.5 Add the following language, as follows: The Architect shall inspect the project site a minimum of twice
weekly and as needed to insure the project is completed in accordance with design plans and specifications.
**2.6.6 Add the following language, as follows: Any unsafe working condition or action observed by the Architect
shall be immediately reported to Owner. A working condition or act would be considered to be unsafe if it is
in violation of any City, State, or Federal workplace law or if it is determined by the Architect to pose an
immediate safety risk to either the Contractor, subcontractors, or the public. The Owner also grants the
Architect with authority to stop work if in the Architect's judgement an unsafe act or working condition that is
determined to cause immediate peril or danger is found.
**2.6.8 Add the following language, as follows: Upon completion of work by Contractor and a final Certificate of
Occupancy being issued by the City, Architect shall provide Owner with a detailed set of as-built plans. Plans
shall be provided both in paper format and electronic format.
Salina Municipal Court Addition
Police Department Remodel
J-G Proj. 00-1776
Supplement to AlA B 151
June 21,2001
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