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HomeMy Public PortalAboutr 95:138 95-138 DnteofAdoptioo April 20, 1995 AWARD OF PROFESSIONAL SERVICES CONTRACT PURSUANT TO LOCAL PUBLIC CONTRACT LAWS WHEREAS, there exists a nee, d for professional services to provide architectural services for recreational facility,-li~a~-a.d-eemmuni, t-y-c--~m~; and *deleted WHEREAS, pursuant to NJS.A. 40A: 11-5(1)(a) professional services are exempt from the requirements of competitive bidding; and WHEREAS, the local finance officer has certified that funds are available; NOW', THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Carteret does hereby authorize the Mayor to execute a contract with --- John Wanskus, R.A., at a cost not to exceed 7 1/2% of the construction costs of said projects. BE IT FURTHER RESOLVED that the actual sum due for said services shall be submitted for considaration by the Council upon the receipt of bids for construction of the individual projects. BE Yl' FURTHER RESOLVED that the contract is awarded without competitive bids in accordance with NJS.A 40A:ll-5 (1) (a) due to the specialized and professional na[ure of the services provided. A notice of this action shall be printed once in The News Tribune on April 25, 1995. Adopted this 20th day of April, 1995 and certified as a true copy of the original on April 21, 1995. KATHLEEN M. BARNEY, Municipal Clerk RECOIH) 01r COUNCIL VOTE FEll!gO_ _LP_ ~rIG_klC O_~I!R_.IJ~I Z ~II/mA X - lndlcale Vote AB - Absent NV - Not Voting XOR - Indicates Vole to Overrule Veto AS ~ENDED ~, ~ ~ Adopled nl a n,eelhlg oflhe Municipal Council -/ -- April 20~ 1995 APR.-17'OSISUN) 10:12 JUMAN, JU-~N &HEDES?! COUNSELLOR~ AT LAW PO ~ox 992 April 17, [995 John P. Wanskus 1142 Raritan Road. Clark, NJ 07066 Dear Mr, Wanaku$: As discussed at the meeting of April 14, 1995, please prepare a contract to Archi:ectura]. Services for the Marina Facility, Library Community Center, Recreations Fields. Said contract should provide for: 1. initial payment 2. total % coa~ 3, Weekly progress repor[s 4. monthly in-person reports to council 5. cooperation with Paulus Construction 6. tight of Borough to revoke, record or cancel con~ract for any reason with ot without cause Your assistance is appreciated. Very truly yours, J~MAN, JUMAN AND MgDEaH, Robert A. Hedesh, Esq. RAH/tg ~TIILEE~ H~ .~EY Da~e: April 18, 1995 TO: Patrick DeBlasio, Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: For: John Wanskus, R.A. Name of Account: AMOUNT TO BE EUCUHBERED: 7½% of construct±on K~TIILEEN H. BARNEY, Hunlcipal Clerk V CERTIFICATION OF. AVAILABILITY OF FUNDS I, Treasurer of ~he BorouRh of Uarterec, do hereby certify tha~ Lhere are suffici~n~ funds available in ~he curren~ budget enable ~be Hunieipal Council ~o .uthorize ~he entering in~o a Contract between ~he BorouEh of CartereC'and: The funde available.for ~his con~rac~ are in ~be Budge~ In the accoun: in ~he amount of: ~'/~ ~ o~ By ~his certification, I have hereby encumbered ~he above named accoun~ for the amount o[ ~[te con:tee: pending Council action. Patrt~DeBlasio, BOROUGH OF CARTERE~/ 61 Cooke Avenue CONTRACT THIS AGREEMENT, made this 20th day of APRIL 1995 by and between: John Wanskus, RA 55 Ash Street Carteret, N. J. 07008 and the Borough of Carteret, a municipal corporation, having its principal office at the Borough Hall , 61 Cooke Avenue, Carteret, New Jersey, 07008, hereinafter the "BOROUGH". As per Resolution No. 95-138. ~ does hereby agree to perform the following: PROFESSIONAL SERVICE TO PROVIDE ARCHITECTUAL SERVICE FOR R~EATIONAL FACILITY. according to the terms set forth in the bids and specifications. ~J~ does hereby agree to pay the ~the sums set forth in the Contractor's bid. IN WITNESS WHEREOF, the parties hereto have hereunder se~ air hands and seals or caused these presents to be signed b~ ~h ir proper corporate officers and their corporate seals to ~/h ~eto affixed, the day and year written above. Il// BOROUGH OF CARTRRRT BY: .... Kathleen M. J~r~{ey ~ Municipal Clerk GLORIA GOODRICH, PUR BORO HALL CARTERET, NJ 07008 State of New Jersey, ) ss,: County of Middlesex. ) ~ ANNA BANKoWSKI f of th~ said county, being duly sworn, say that she is a Legal clerk for The News Tribune, a newspaper published in woodbridge, in the county of Middlesex aforesaid, and that the notice of which the annexed is a printed copY, was published in the said newspaper ~__~~,.~_~.~-~ ~ April 25th. 1995 .~-~ ~ ,~ .. ' 1 at least ~'~~~ ~ 1 time(S)/ 1 week(S) successive Y { .~,;,~,~ being ~ ~ ~-- one in each week. sworn and subscribed to before ) ~ me this 26th. day of April ) 1995 ~) A. D. ~ No~ publiO~' J' T PI E4 ·A M £ R ! C A N I N S T [ T U T E 0 F A R C H I T E C T S AIA Document BI41 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT ttAS IMPORTANT LEGAL CONSEQUENCES; CONSULT.4TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 7'0 ITS COMPLETION OR MODIFIC.4TION. AGREEMENT made as of the 12211 day of APRIL in the year of Nineteen Hundred anti NINETY FTVE BETWEEN the Owner: BOROUGH OF CARTERET (~)'o,,,e and addrexx) 61 COOKE AVE ..... CARTERET, NJ 07008 and the Architect: JO[.IN P. WANSKUS, POt (,x'a,,~,,,aaaa~o 1142 RARITAN ROAD i' CLARK, NJ 07008 For the following Project:(s): PROPOSED SPORTS RECREATION FACILITY APPROX. 9,000 SF, SODDING, (htchtde detadett de$cription of Project. location, addre~ ancl scope.)REGRADING FOOTBALL FIELD, LIGHTING FOR LITTLE LEAGUE FIELD, RELOCATION OF STORM SEWER ADJACENT TO FOOTBALL FIELD: LOCATION: PERSHING AVE. 2]PROPOSED LIBRARY & SENIORS/CO~qUNITY CENTER- APPROX. 20,000 SF LIBRARY: 15,0~0 SF SEN[ORS/CObHUNITY CENTER: LOCATION: ROOSEVELT-AVE.; 3]PROPOSED WATERFRONT RECREATION FACILI INCLUDING RECONSTRUCTION OF EXISTING DOCK, APPROX. 134 BOAT SLIPS, BOAT RAMP, WALKING TRAIt SITE LIGltTING, BENCHES, PLANTERS, FOOD CONCESSIONS BUILDING, SECURITY BUILDING, RESTROOH FACILITIES, FISHING PIER, PARKING, WALKING BRIDGES: LOCATION: ARTHUR KILL WATERFRONT OFF INDUSTRIAL ROAD. The Owner and Architect agree as set forth below. Copyrighl 1917, 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966. 1967, t970, 19-i, I0-', © 1987 by The American Institulc -. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER A.ND ARCHITECT ARTICLE 1 schedule or coostmction budget, tile Architect shall prepare. ARCHITECT'S RESPONSIBILITIES consisting of drawings and other documents to fix mid describe 1.1 ARCHITECT'S SERVICES rural, mech~icM and electricM system$, materials ~d such 1.1.2 ~e Architect's se~ic~$ shall be performed ~s expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE orderly progress of the Work. Upon request of the Owner, the 2.4.1 B:tsed on the approved Design Developmem ~cu- the time limitations contained in SubpaFagraph 11.5.1. SCOPE OF ARCHITECT'S BASI~ SERVICES in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 = part of B~ic Semices, and include normM stmc- 2.5 BIDDING OR NEGO~ATION PHASE 2.5.~ The Archit~t, following the Owner's approvM of the 2.2 SCHEMATIC OESIGN PHASE Construction Documents ~d of the latest preliminary est~ate 2.2.1 The Architect sllall review the prog~m ~mished by the {ff Const~ction Cost, $hMI ~t tile Owner in obt~ning Owner to ~certain the requirements of the Pro]ect and $hMl or negotiated proposM5 ~d ~t in awarding m~d preparing 2.6 CONSTRUCTION PHASE--ADMINISTRATION 2.2.2 The Architect shMI provide a prefimina~ evaluation of OF THE CONSTRUCTION CONTRACT 2.2.4 B~ed on tile mutually agreed-u~n progrmn, schedule of thc Work, unle~ extended under the terms of Subpa~graph 2.3 DESIGN DEVELOPM~T PHASE 2.6.4 Thc Architect shall be a representative of and sh:dl advise quantity of thc Work, (2) reviewed construction means, meth- and consult with the Owner (1) during construction until final ods, techniques, sequences or procedures, (3) reviewed copies payment to thc Contractor is duc, and (2) as an AdditionsJ Set- of requisitions received from Subcontractors and maleri3J sup- vice at ~be Owner's direction from time to time during thc cot- pliers and other dale requested by tbe Owner to substantiate rection period described in the Contract for Construction. The thc Contractor's right to paymem or (,t) ascertained how or for Architect shall have authority to act on bel,air of the Owner what purpose thc Contractor has used money previously paid only to thc extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The ^rchitect sh,"dl have authority to reject Work which 2.6.5 Thc ^rchitcct shall ~'isit thc sim ar intervals appropriate does not conform to thc Contract Documents. Wbenever thc Owner and Architect in writing to become generally familiar tion of thc intern of thc Contract Documents, the ArchRcct with the progress and qu~Jity of ~hc Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ncr indicating that thc Work when'completed wiJl bc in accor- meats, whether or not such Work is fabricated, installed or inspections to check thc quality or qu=nti!'/' of the Work. On cisc such authority shall give rise to a duty or responsibility of shall kccp the Owner informed of thc pro6rcss and quality of equipment suppliers, their agents or employees or otber per- defects and deficiencies in the Work. (More extensive site · described in ParagraptJ 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall n~ have control over or charge of purpose of checking for conformance with information given other persons performing portions of the Work. equipment or systems designed by the Contractor, all of which 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparer!on or progress, shall not coostitute approvaJ of safety precautions or, unless otherwise specifically stated by the A{chitect, of construction cially authorized, tile Owner and Contractor shall communicate approx~al of an assembly of which the item is a component. through the Architect. Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the Architect. of materials, systems or equipment is required by tile Contract Documents, the Architect shall be entitled to rely upon such 2.fi.6 Based on the Architect's obserx, ations and evaluations of certification to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall meat will meet the performance criteria required by the Con- 2.6.10 The Architect's certification for payment shall consti- ~.8.13 The Architect shall prepare Change Orders and Con- on tile data comprising the Contractor's Application for Pa},- Subparagraphs 3A.1 and 3.3.3, for the Owner's approval and meat, that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that, to the best of the Architect's knowledge, information and ma}' authorize minor changes in the Work not involving an belief, quality of the Work is in accordance ~,.,ith the Contract adjnstment in the Contract Sum or an extension of the Contract Documents. Tile foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract cific qualifications expressed by the Architect. The issuance ora cnmpletion, shall receive and forward to the Owner for the 2.E.$5 Th~ Architect sh',ll interpret 3nd decide matters con- 3.2.3 Throush dte observ:~tions by such Project Represen- corning performance of tho"Owner and Contractor under the tn[ives, thc Architect shrill endeavor to provide 6Jrdtcr protcc- rcqui~'cments of ~hc Commct ~cn~s on written request of tiaa for ~hc Owner n~ninst dc~cc~s ~d deficiencies in ~hc ~ork, ci~hcr thc Owner or Contmc~or. ~c Archkcc~'s response ~o bur thc ~rntshin~ o~ such project representation sh~ no~ such rcqucs~ sh~l bc m~dc whh r~onablc promp(ncss ~nd modi~ tl~c rights, r~ponsibilidcs or oblig=do~ o~(hc Archi~cc~ ',within nny ~imc limiss agreed upon. =s described ciscwhcrc in th~ Agreement. - ~ - 2.8.18 Intc~rcmtions ~d decisions o~ thc Architect shall be consis~cn~ wilh thc tntcm of ~nd r~on~bly inferable from thc 3.3 CONTINGENT ADDITIONAL SERVICES Contract Documents ~d sh~l be in writing or in d~c form of 3.3.1 51~king revisions in Drawing, Spcci~cn[ions or other drawings. When m~king such imcrpret3dons =nd inki~t dcci- documcn~ when such revisions ~re: sions, thc Architect sh~l end,vDt [o secure f~rh~] pcrfor- .. to either, ~d sh~l no~ ~ liable for rcsuks of info,ret=[ions or given by thc Owner, including revisions re:de notes- dec,ions so rendered in good ~¢h. s~ry by ~djus[mcnts in [he Owner's progr~ or Proi- 2.6.17 Thc Architect's dec,Ions on m3ttcrs rcl=dn8 ~o ~csthc- * tic cffcc~ sh~l be ~n~ if cons~tcnr with thc intent c~pr~cd in .2 required by thc cn=ctmen[ or revision of codes, thc Contract Do~menm. documcnm; or 2.6.18 Thc Architect sh~ll tenor written dec,ions within a ' w ' ' don or progre~ o~ thc Work = provided ~ thc Contract Documents. 3.3.2 Providing so,ices required bc~usc of si~ific~[ changes in thc Proiect including, bur not limited ~o, size, quit- Con[mc[or, cxcep~ for those rclalin8 [o ~csthctic effect ~ pro- services required undc~ Subpamgr~ph vialed in Subparngmph 2.G. 17, s~[ be sub~cct to ~rbitmfion ~ ARTICLE 3 ADDITIONAL SERVICES 3.3.4 Providing services in connection wkh cwlu~[ins subsd- 3.1 GENERAL resuliing dlcrcfrom. 3.1.1 Thc sec'ices described in Ihis Article 5 nrc not included in B~ic Scm'ices un[~ so idcnriF~d in Article 12, ~nd ~hcy sh~Jl bc p~d tot by thc Owner ~ provided in this A~rccmcnt, in dum~gcd by fire or other c~use during construction, =nd d~cribcd under P~mgmphs 5.2 ~d 5.4 sh~il only be provided o~ such Work. if ~ulhorizcd or confirmed in wfldng by thc Owner. If se~iccs 3.3.6 Providing sc~ices m~dc ncccss~ by thc default of described under Contingent Additional Se~iccs in P~mgmph Con rector, by m~jor defects or deficiencies in thc XWork of thc 5.5 nrc required due [o cir~msi=nccs beyond the ~chitcct's Contmctor, or by fnilurc of pcr~o~cc of either thc Owner or indic~r~ in wririn8 th~t ~1[ or ~rt of such Comingcnt Addl- with thc Work. '3.2 PROJECT REPRESENTATION'BEYOND BASIC Archilcct Ls p3rry thereto. SERVICES .... 3.3.9 preparing doctm~cms for ~l~cm~re. scpumrc or scquendul 3.2.1 if more e~tcn.sive rcpr~cnmtion n[ thc site [h~n is bids or providing sc~iccs in connection with bidding, ncgo[i~- d~cribcd in Subparagraph 2.~.5 ~ reqnircd, thc Architect sh~l[ [ion or cons[~ction prior [o tbc completion of the Cons[mc- 'lng our such =ddirion~l on-si~e responsibilities. ' ~ ' 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.4 Providing speci~l sur,.eys, environment.'~l studies and 4.2 The O~,ner shall establish and update an over,fi budget for performed and equipmen~ supplied b)' the Owner. 4.5 The O~ncr shall furnish surveys describing physi~ .... restrictions, ¢~ments; encroachmems, zoning, deed res~ric- fin~ Certificate for Payment, or in the absence of ~ final Cer- tificate for P=ymem. more th~ 60 days after the dale of Sub- counseling se~'ices ~ may be nec~sa~' a[ ~y (~e for the 3.4.19 Providing s¢~,ic~ of consultanss for other ~han archi- Project, including audidng se~ices the Owner 3.4.20 providing any o~her so.ices ho~ o(herwis~ Included in p~d by or on b~hnlf of ~1~¢ wfih gcner~ly ~ccepted ~rchitcctu~ practice. 4.9 Thc services, information, su~cys ~d reports required b)' Paragraphs 4.5 through 4.8 sh=ll be ~rnished at iht Owner's ARTICLE 4 4.10 Promp~ written no~ice shall be ~iven by the Owner ~o the OWNER'S RESPONSIBILITIES ~hc Projcc[ ~r nonco~fi~rm:mce wiH~ the Corer:ct ARTICLE 5 .3 if tile Project is abandoned, terminate in accordance with Par~$rnph 8.3; or CONSTRUCTION COST ,4 cooperate in revising thc Project scope and quality as 5.1 DEFINITION ,. 5.2.5 If the Owner choosus to proceed under Clause 5.2.4.4. or specified by the Architect. established as a condition of this Agreement. The modification equipment designed, specified, selected or specially pnwided The Archilect shall be entitled to compensation in accordance ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does notinctude the compeusation of USE OF ARCHITECT'S DRAWINGS, tile Architect and Architect's consultants, the costs of tile land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of Ibc Owner as provided in Article 4. 6.1 The Drawings, Spccificatious and other documents pre- pared by the Architect for this Project are instruments of the 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Architect's service for use solely with respect to this Project Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies, including repro- Ibc constvaction industry. It is recognized, however, that nei- ducible copies, ct' the Architect's Drawings, Specifications and 5.2.2 No fixed limit of Construction Cost si{all be' established 6.2 5uhmission or distribution of documcnls to meet official as a condition of this Agreement by d;e ~misl',ing, proposal or regulatory requirements or [or similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in dcroga- been agreed upon in writing and signed by the parties hereto. If tion of tile Architects reserved tights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and thc Contract Documents, to make reg~onablc adjustments in ARTICLE 7 the scape ot' the Project and to include in the Contract Ek:,cu- ARBITRATION mcat or breach thereof shall be subject to and decided by arbi- Construction Cost shall be adjusted to reflect cbanges in ihe 7.2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industr7 between the other part), to this Agreement and 'with the American Arbitra- date of submission of the Coqstruction Docnments to thc tion A.ssociation. A demand fi)r arbitration shall be made within Owner and the date on '~hi~:h prnposals are sought, a reasonable time after the claim, dispute or other matter in · .'ided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institution of [eg.'fl or equitable this Agreement signed by the Owner, Architect, and any other Addition:z[ Services c3rned to c~te il' tc~in~tton ~dditi(~n~I ~rson ()r emily duly conscn~cd to by thc panics ta ARTICLE 9 ~'ith applic3blc law in any court havin8 jurisdiction thereof. MlSCEL~NEOUS PROVISIONS 7.4 Thc a~,ard rendered by thc 3rbitmtor or 3rbit~tors sh~l bc 9.1 Unless othc~bc provided, this Agreement sh~l appli~t31c law in any court havin8 ~urisdiction thereof, creed by ?~¢ law o~ thc principal place o~ businc~ o~ thc those in AIA Document A2OI, General Conditions of the Con- ~RTICLE 8 tract for Construction, current ~ of thc date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Caus~ of actian between thc part~cs to this Agrecmcn~ ,, 8.1 This Agreement may be terminated by ei~hcr pa~y u~n accrued and ~he applicable statu~es of limi~ti~ ~h~l com- A~mcm ~rou~ no ~3~t o~ ~hc ~y ~i[L~c~8 ~c tc~3tion. Completion, or ~hc dn~¢ o~ issuance cE thc ~n~ Certificate ~or is ab~doncd b} thc Owner for more than DO consccuc v¢ da~'s, ASrccmcnc. Thc Owner ~d Architect ~ch sh~l require s~il3r no,icc. ~.5 Thc Owner and Architect, respectively, bind ~hcmsclv~, 8.4 F3ilurc o~ d~c Owner (o m~c payments ~o ~hc Architect in ~hcir parmcrs, successors, ~isns ~d 1c8~ rcpr~cncacivcs ~o 3ccordancc with this A8rccmcm shall bc considered substantial thc od)er party ~o Ibis A~rccmcnt ~d ~o thc pa~ncrs, succ~- nonperformance ~d cause ~or (crminadoo. sots, ~si~ns and Ic8~ representatives o~ such o~hcr party ¢',i{h r~pcc~ to nil covenants o( ~his A~rccmcm. Nckhcr Owner nor 8.5 Ir ~h¢ Owner fails (o make payment when duc ~hc Archi- Architect shall ~iBn d]is ASrccmcnc wi(haut ~hc written con- ~() icrmin3tion, IoSc~hcr ~,i(h Reimbursable Expenses ~hcn duc g.8 Unless o~hc~'b¢ provided in (his Asrccmcnt, ~hc Architect ~ ~nd all Tcrminazic)n Expenses as dc~ncd in P3r:~sr~ph 8.7. and Architect's consuhanls shall hn~'¢ no r~ponsibilily for thc ll;L~ic and Addi~i~)n~l Sc~iccS, and inclt~dc expenses which nrc s~lrc ()f persons [o haTardo~ s materials in an~' form at thc Prnj~ 9.9 The Architect shall have thc fish[ Io include rcprcscnm- iht specific informaliOn considered bv the Owner ID be cnnfi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dent]al or proprietary. Thc Owner shall provide professional 10.3.1 An initial payment as set forth in Paragraph I l.l is the credit for the Architect on thc construction sign and in the pro- motional materials for t~'le Project. ' minimum payment under this Agreement. 10.3.2 Subsequent payments for Basi~ Services shall be made monthly and, where applicable, shalt be in proportion to ser- vice$ performed within each phase of service, on the basis set ARTICLE 10 forth in Subparagraph 11,2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to tile extent dtat tile time inilially established in Subpanlgmph I 1.5.1 of this Agreement is exceeded or extended 10.1 DIRECT PERSONNEL EXPENSE through no fault of tile Architect, compensation for any set- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additionM period of time shafi be salaries of the Architect's personnel engaged on the Project and computed in tile manner set forth in Subparagraph I 1.3.2. the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cost and any portions of tile Project are deleted or otherwise not constructed, compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to tile extent service$ are per- and benefits, formed on those portions, in accordance with the schedule set forth in Subparagraph I 1.2.7, based on (I) tile lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or negotiated propnsal, or (2) if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- Cost or detailed estimate of Construction Cost for such por- tion for Basic and Additional Seiwices and include expenses tions of the Project. incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL lng Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with tile 10.4.1 Payments on account of thc Architect's Additional Proiect; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made morubly tra..'et; long-distance communications; and fees paid for ~ecur- upon presentation of the Architect's statement of services rea- lng approval of authorities baying jurisdiction ovcr the Project. dried or expenses incurred. 10.2.1.2 Expense of repro,.luctions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Speclficatioos and other documents. 10.5.1 NO deductions shall be made from the Architect's cpm-' overtime rvork requiring higher that] regular rates, sums withheld from payments to contractors or on account of 10.2.1.4 Expense of renderings, models ,and mock-ups requested the cost of changes in the Work other than those for wllicb the bi- die Owner. Architect has been found to be liable. 10.2.1.5 E×pense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS idc[uding professional liability insurance; requesled by the Owner in excess of that normally carried by the Architect and 10.fi.1 Records of Reimbursable Expenses and expenses raining to Additional Services and services performed on the 10.2.1.6 Expense of computer-aided design and drafting abM to the Owner or th¢ Owner's authorized representative at equipment tit'ne when used in connection wiIh the Project. muitmlly convenient times. _ __. ARTICLE 11 BASIS OF COMPENSATION Tile Owner shall compensate tile Architect 3.s follows: 11.1 ANINITIALPAYMENTof "~/~NTY THOUSAND Dollars($ 20,000.00 ) shall be made upon execution of this Agi'eement and credited to tile Owner's account :it final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and an}, ()tiler services included itl Article 12 as part of Basic Services, Basic Cc)mpensalion shall be computed as f(illows: 7½7~ OF' THE TOTAL COST OF CONSTRUC['I~ON TNCLODING STRUCTURES~ SI.T~,/ORK~ FURNISHrNGS~ AND ALL APPURTENANCES RELATI~NG TO THE CONSTRUCTTON INCLUDING CHANGE ORDERS. TIlE AMERICAN INSTITUTE OF ARC. IIITECTfi 1735 NEW YORK AVENUE. NW, W^SIImGTON. D C. 200116 B141-1987 8 11.2.2 \X/here compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall.lotal the following percentage5 of thc torsi Basic Compensation payable: Schematic Design phase: q~.4F.,~ percent (20 , t)csign Dcvclopmcm Phase: '~/~t'[~ pcrccnl (20 %) Constructkm Documents Phase: ~'OR'~'~ perccm (/40 %) Bidding or Negotiation Phase: TE~ percent (10 %) Construction Phase: T'~q percent (10 %) ~' Total Basic Compensation: one hundred percent { I 0o%J 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as described in Paragraph 3.2, compensation shall be com- puted as follows: HOURLY RATES: PRINC~'PAL ARCHITECT- $1Z O.O0/HR. PRO3ECT ['~LNAGER- $ 65.O0/HR. SENIOR DRAFTS~kN- $ 55.O0/HR. 3UNIOR DRAFTSMAN- $ 45.00/HR. SECRETARIAL- $ 30.00/HR. 11.3.2 FOR ADDITIONAL SERVICES OF TIlE ARCHITECT..as described in Articles 3 and 12. other than (1) Aci¢titional Proiect -~- Representation. as described in Paragraph 3.2, and (2) sc~'ices included itl Article 12 ms part of Additional Service5. but excluding $er- vices eft consultants, compensation shall be computed a.s follows: SEE SECTTON 11.3.1 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering sen'ices and those provided under Subparagraph 3,4.19 or identified in A~icle 12 as part of Additional Semftes, a multiple of ( 2 ) times the amounts billed to the A~'chitect for such sea, ices. (Identtf)' Specific O'pes of cort~ultctnt$ in Articl~ 12. if reqtti~d.} 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph iO.2, and an}, other items included in Article 12 as Reimbursable Expense5, a multiple of '"~O ( :2 ) time5 tile expenses incurred by the Architect, the Architect's employees and consultants in the'interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered, by this Agreement have not been completed within I~4ELVE ( 1 ') ) months of the date hereof, through no fault of the Architect, extension of the Architect's ser~,ice5 beyond that time shall be compensated a~ provided in Subparagraphs 10.3.3 and 11.3,2. 11.5.2 Payments are due and payable TIIZRT¥ ( 30 ) days from ihe dale of tile Architect's invoice, Amoums unpaid THIRTY ( 30 ) days after tile invoice date shall iaear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from lime to time at the principal place of business of the Architect. 9 B141-1987 TIlE AMERICAN INSTITUTE OF ARCIII'IEC~S, 1735 NEW YORK AVENUE. N ',X'. WASI IINGTON. DC. 20006 11.5.3 The r3tes 3nd multiples set forth for Add iona $crv ces sha! be 3nnuall¥ adjusted in accordance with normal salary review pr3¢tices of the ^rchitect, ARTICLE 12 OTHER CONDITIONS OR SERVICES ADDITIONAL ENGINEERING SERVICES OF CONSULTANTS TO BE INVOICED AT "'DIE AMOUNT S?EC]'FIED IN SECTION 11.3.3 INCLUDING BUT NOT LIHITED TO: ENVIRONMENTAL ENGINEERING WETLANDS ENGINEERING CIVIL F3~GINEERING BLUEPRINTING: 10 SEFS OF BLUEPRINTS INCLUDED UNDER BASIC SERVICES. ADDITIONAL BLUEPRINTING SHALL BE CHARGED AT /~[E RATE OF $5.00 PER PRINT. · 10 SETS OF SPECIFICATION BOOKLETS INCLUDED UNDER BASIC SERVICES. ADDITIONAL SPECIFICATION BOOKLETS SHALL BE CHARGED AT THE RATE OF $50.00 PER BOOKLET. ' ARTICLE'12 Amendment to A~tic.le 8 8-8 This contract may be cancelled by owner for any reason upon 30 days notice to the architect. Architect shall be enti'tled to payments for all work to date "unless termination is for nonperformance or cause. Cancellation of sergices-for any one project does not consti'tute a,w~i'ver or cancellation for other projects. This clause shall supersede and control any cancellation of contract by owner including, but not limited to 8.1, 8.6, 8.7. ~,_~~ ~ This Agreement entered into as of the day and year first written above. OWNER Peter J. Sica, Mayor P. WANSKUS~ RA (?rmted name and tH/e) and tttle)