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HomeMy Public PortalAboutr 95:299 No.. 95-29.9 Dule of Ad~q~lhm SEPTEMBER 21 , 1995 i AWARD OF PROFESSIONAL SERVICES CONTRACT PIJRSUANT TO LOCAL PUBLIC CONTRACT LAWS WHEREAS, there exists a need for professional services to provide architectural services for the new library; and WHEREAS, pursuant to NJ.S.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 consideration by the Council upon the receipt of bids for construction of the project. BE IT FURTHER RESOLVED that the contract is awarded without competitive bids in accordance with N.JS.A. 40A:11-5 (1) (a) due to the specialized and professional nature of the services provided. A notice of this action shall be printed once in The News Tribune on September 26, 1995. Adopted this 21 st day of September, 1995 and certified as a true copy of the original on September 22, 1995. KATHLEEN M. BARNEY, Municipal Clerk SUSAN E. JACKLIN~ Assistant Municipal Clerk ilECOIH} OIr COUNCIL VOTE ~OUNCILMAN ,'rES NO ~-~ ~7~: COU~C,LMAN ~ES NO , ~-,~ ~YOR SICA X X - Indlcale Vole AB - Ab5em NV - Not Voting XOR - lmllcales Vote Io Ovemfle Velo S j Mayor Sica broke the tie. Adopted al a iHeelJHg of the Municipal Council _September 21~ 1995 ~sYs r an t "~'':f~?:. ' 1'~''.,~.. ...... .1~'.~" · · ' ' -.. ~ TO: Patrick DeBlasio, Treasurer Borough'of Carteret ~EQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: Municipal Clerk CERTIFICATION OF. AVAILABILITY OF FUNDS I, Treasurer of ~ha Borough of Cartare~, do hereby cer:ify there are sufficien~ funds available in the current budget enable the Municipal Council to authorize the entering ln~o Contract between ~he Borough of CarfareS'and: The funds available 'far this contract are in the Budget, in the account of: amount of: in the By ~his cer:ification, I have hermby encumbered the above named accoun~ for ~he amount of the con~rac~ pending Council acC!on. ~a cr~k DeBlasio, rrMasurar DATE: ~]~ ~ ' ~ REF#108339 G~R~A GOODRICH, ~ BOR0 ~ ~TE~T, NJ 07008 State of New Jersey, ) ss,: County of Middlesex. ) ANNA BANKOWSKI of the said county, being duly sworn, say that she is a Legal clerk for The News Tribune, a newspaper )ublished 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 ~.,~c.,~,,^ ..... September 26th. 1995 ~.,,~ ~-..,~,o~,x~' being I time(s)/ 1 week(s) successively at least one in each week. Sworn and subscribed to before ) ~ me this 26th. day of September ) A. D. __ 1995 __) Notary Public of N.J. coNSTANCE HOI_UBOWSKI NOTARY PUBLIC OF NEW JERSEY My Commission Expires ~ 14, 1998 ^ M E R I C ^ N I N S T I T U T E 0 F A R C It I T £ C T S AIA Document BI41 Standard Form of Agreement Between Owner and Architect 1987 EDITION TftlS DOOU:t,IENT ffAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TION tV/TH AN ATTORNEY IS ENCOURAGED WITH RESPECT 7'0 ITS COMPLETION OR MODIFICA 77ON. AGREEMENT i-nade as of the 12TN day of APRIL in the year of Nineteen Hundred arfi:l NINETY FIVE BETWEEN the Owner: BOROUGtt OF CARTERET frame and addre,~) 61 COOKE AVE. CARTERET~ NJ 07008 and the Architect: JOttN P. WANSKUS, RA (?.'a,nennaadctress) 1142 RARITAN ROAD CLARK ~ N,J 07008 For the following Project:(s): PROPOSED SPORTS RECREATION FACILITY APPROX. 9,000 SF (h,chtdedetadedaescriptionofProject. location, address and scope.)REGRADING FOOTBALL FIELD~ LI. GNTING FOR LITTLE LEAGUE FIELD~ RE~TION OF STORH SIBqER ADJACENT TO FOOTBALL FIELD: LOCATION: PERSHING AVE. 2]PROPOSED LIBRARY & SENfORS/COI'~qUNITY CENTER- APPROX. 20~000 SF LIBRARY: 15~000 SF SENIORS/CO[V~qLINITY CENTER: [JbCATION: ROOSEVELT--AVE.; 3]PROPOSED t4ATERFRONT RECREATION FACILIT' INCLUDING RECONSTRUCTION OF EXISTING DOCK~ APPROX. 134 BOAT SLIPS~ BOAT RAHP~ bJALKING TRAIL~ SITE LIGItTrNG ~ BENCI-tES ~ PLANTERS ~ FOOD CONCESSIONS BUILDING ~ SECURITY BUILDING ~ RESTROOH FACILITIES, FISHING PIER ~ PARKING ~ [4ALKING BRIDGES: LOCATION: ARTHUR KILL I,,/ATERFRONT OFF INDUSTRIAL ROAD. Thc Owner and Architect agree as set forth helow. of Architects, 17:55 New York Avent e, N W., Washington, D.C. 20006. Reprodnction of Ihe mate~:ial herein or substantial quotation of its provisions without written permission of tile AIA violates tile copyright laws of {he United States and will be subject to legal proseoltion TERiVlS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 sdlcdule or constnlction budset, Ihe Architect shall prepare. ARCHITECT'S RESPONSIBILITIES consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES tural, mechanical and electrical systems, malerials and such 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE SCOPE OF ARCHITECT'S BASIC SERVICES in Article 12 ~ part of B~sic Se~ices, and include normM strut- 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary est~ate 2.6 CONSTRUCTION PHASE--ADMINISTRATION 2.2.2 Thc Architect shall provide a prelimina~ evaluation of OF THE CONSTRUCTION CONTRACT 2.3 DESIGN D~V~LOPMENT PHASE 2.6,4 The Architect shall be a representative of and shall advise quantity of the Work, (2) reviewed constroction means, meth- and consult with the Owner (1) during construction until final ods, techniques, sequences or procedures, (3) reviewed copies payment to the Contractor is due, and (2) as an Additional Set- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor~ pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Comraclor's dght to payment or (4) ascertained how or for Architect shall have authority to act on behalf of tile Owner what purpose die Contractor has used money previously paid onb.' to the extent provided in this Agreement unless otherwise on account of tile Contract Sum. modified by written instrument, 2.~.~ ~ The Architect sfiall have authority to reject Work which 2.6.6 The Arch'itect shall visit the site at intet~als appropriate does not conform to the Contract Documents. ',X'henever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for in~plementa- Owner and Architect in writing to become generally fmniliar lion of the intent of tile Contract Documents, the Architect will with the progress and quality of the 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- net indicating that the Work when'completed wllI be in accor- ments, whether or not such Work is fabricated, installed or dance witb the Contract Documents. However, the Architect completed, tiowever, neither this authorky of tile Architect nor shall not be required' to make exhaustive or continuous on-site a decision made in good faitb either to exercise or not to exer- inspections to check the quality or quantl.ty of the Work. On rise such autfiodty shall give rise to a duty or responsibility of the basis of on-site obserYattons as an architect: the Architect the Architect to tile Contractor, Subcontractors, material and shall keep the Owner informed of the progress mad quality of equipmem suppliers, tbeir agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More exte~sive site representatio~ may be agreed to as an Additional Service, as ~.~.1~ The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop described in Paragraph 3.2.) Drawings, Product Data and Samples, but only for tile limited ~.6.6 The Architect shall n~)~ have control over or charge of purpose of cbecking for conformance with information given and shall not be responsible for construction means, methods, and the design concept expressed in the Contract Documents. dance with the Contract Documents. The Architect shall not other persons performing portions of the Work. equipmem or systems designed by the Contractor, all of which ~.6.? The Architect shall at all times have access to the Work required by tile Contract Documents. The Architect's review otherwise specifically stated by the Architect, of construction ~.1~.6 Except as may otherwise be provided in tile Contract means, methods, techniques, sequences or procedures. The Documents or wben direct communications have been spe- Architect's approval of a specific item shall not indicaie tect's consultants shall be through the Architect. of materials, systems or equipment is required by the Contract Documents, the Architect shall be enfitled to rely upon such the Contractor's Applications for Payment, the Architect shall mere will meet the performance criteria required by the Con- 2.6.~0 The Architect's certification fur payment shall consti- 2.6.~$ Tile Architect shall prepare Change Orders and Con- observations at the site a~ provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising tile Contractor's Application for Pay- Subparagrapl~s 3.1.1 and 3.3.3, for the Owner's approval and that, to the best of the Architect's knowledge, infurmadon and may authorize minor changes in the Work not involving an belief, quafity of Ibc '.X~ork is in accordance with the Contract adjustment in tile Contract Sum or an extension of the Contract evaluation of the Work for conformance with the Contract Documents Documents upon Substantial Completion, to results of subse- cific qualifications expressed by the Architect. Tfie issuance of a completion, shall receive and furward to tile Owner for tile Certificate for Payment sball further constitute a representation Owner's review and records written warranties and related fled. Hox~'e:'er, the issuance of a Certificate for Payment shall bled by tile Contractor, and shall issue a final Certificate for Pay- not he a representation trial tile Architect has (I) made exhaus- mcnt upon compliance with tile requirements of tile Contract ' 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- cerning performance of the'Owner and Contractor under tbe tatives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of lion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor· The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable prompmess and modify the rights, responsibilities or obligations of tile Architect 'within any time limits agreed upon· as described elsewhere in this Agreement. - --- - 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from tile 3.3 CONTINGENT ADDITIONAL SERVICES Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- . mance by both Owner and Contractor, shall not show partiality .1 inconsistent with approvals or instcuctk)ns previously to either, and shall not be liable for results of interpretations or given by the Owner, including revisions made heres- decisions so rendered in good faith, sary by adjustments in the Owner's program or Proi- ecl budget; 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such documents; of 2.6.13 The Architect shall render written decisions within a reasonable dine on all claims, disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- ute to render decisions in a timely manner. tton or progress of the Work 3s provided in the Contract Documents· 3.3.2 Providing set-vices required because of significant changes in the Project including, but not limited to, size, qual- 2.6.1~ The Architect's decisions on claims, disputes or other ity, complexity, the Owner's schedule, or the method of bid- matters, including those in question between the Owner and ding or negotiating and contracting for construction, except for Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5·2.5. vided in Subparagraph 2.6,17, shall be subject to arbitration as provided in this Agreement and in tbe Contract Documents, 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, ARTICLE 3 Orders :u'~d Construcfion Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- 3.1 GENERAL resuRing therefrom. 3.1.1 The services described in this Article 3 are not included . . in Basic Sep.'ices unless so identified in Article 12, and they shall 3.3.5 Prov~d.~g consultation concern ng replacement of ork be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fi`ir- addition to the compensation for Basic Setwices. The services nisfiing services required in connection with the replacement described under Paragraphs 3,2 and 3.4 shall only be provided of such Work. if authorized or confimled in writing by the Owner· If services 3.3.6 Providing services made necessary by the default of th~ described under Contingent Additional Services in Paragraph Contractor, b~/major defects or deficiencies in the Work of the 3,3 are required due to circumstances beyond the Architect's Contractor, or by failure of performance of either the Owner or control, the Architect shall notify the Owner p[ior to com- Contractor under thc Contract for Construction, mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner clahns submined by the Contractor or others in connection indicates in writing that all or part of sucfi Contingent Addi with tire Work. tional Services are not required, tile Architect shall have no ol:,ll- 3.3.8 Providing services in connectk)n wRh a public Ilearing. gallon to provide those services, arbitration proceeding or legal proceeding except where the '3.2 PROJECT REPRESENTATION'BEYOND BASIC Architect is party thereto, SERVICES 3.3.9 Preparing docun~ents for alternate, separate or sequential 3.2.1 If more extensive representation at tile site than is bids or providing services in connection with bidding, negotia- described in Subparagraph 2.6.5 is required, the Arcbitect shall fion or construction prior to the completion of the Construc- ting out such additional on-site responsibilities· ' 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and tile Architect shall be comptn. 3.4.1 Providing analyses of tile Owner's needs and progrant- sated therefor as agreed by the Owner and Architect. Tfie ming the requirements of tile Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies Representatives shall be as described in the edition of restrictions, easements; encroachl'nent5, zoning, deed restric- Paragraphs 4,5 through 48 shall be f~mished at the O~'ner's ARTICLE 4 4.10 Pr( mp wr ten nc) ce sba be g yen by the Owner to the OWNER'S RESPONSIBILITIES thc Project or n(inconforn~ancc with the Contract Doctlmel'~ts. AIA DOCUMENT B141 · OWNER-ARCIIITECT AGREEblENT * FOURTEENTH EDITION · AIA~ ' ~1987 5 B141-1987 I'IIEAMERICANINSTITUTEOFARCIIFIEC~IS, 7~5NEWYORKAVENLIE. NW,"X'A$~ NGTON, DC. 20006 ARTICLE 5 .3 if the Project is abandoned, terminate in accordance wilh Paragraph 8.3; or CONSTRUCTION COST .4 cooperate ill revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.2.5 if tile Owner chooses to proceed under Clause 5.2,4.4, 5i1.1 'File Construction Cost shall be the total cost or esti- mated cost ti) the Owner of ail element5 of die Project dcsignecl die Arcbitect. ~','ithout addkional charge, shall modify' the Con- or specified by the Architect. tract Documents as necessary to conrply '~.'ith the fixed fimk. if established as a condinon of this Agreement. The modification 5.1.2 The (~onstruction Cost shall include the cost at cttrrcm of Contract Document5 shall be the limit of the Architect's market rates of Iai)or and materials furnished hy the Owner and respousibifity arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially' provided The Architect shall be entitled to compeusation in accordance for by the Architect, plus a reasonable allowance for the Con with this Agreement for all services performed whether or not tractor's overhead and profit, tn addinon, a reasonable allow- the Coustruction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction ARTICLE 6 $.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS right5-of~wav financing or other costs which are the respon- sibifity of the Owner as provided in Article 4, 6.'1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instrument5 of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, die Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common lax.,-, struction Cost, if an}', prepared by the Architect, represent the statutory and other reseFved rights, including the copyright, Architect's best judgment as a design professional familiar with Tile Owner shaft be permitted to retain copies, including repro- the construction industry, It is recognized, however, that net- ducible copies, of the Architect's Drawings, Specifications and ther the Architect nor the Owner ha5 control over the cost of other documems for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project. The Archi- of determining bid prices, or over competitive bidding, market tect's Drawings, Specifications or other document5 shall not be or negotiating conditk)ns. Accordingly, the Architect cannot used by the Owner or others on other projects, for additions to and does not warrant or represent that.bids or negotiated prices this Proiect or for completion of this Project by others, unless wlil not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement. estimate of Constructkln Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost sl{all be established 6.2 Submission or distribution of document5 to meet official a5 a conditinn of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is riot to be construed as publication in deroga been agreed upon in writing and signed by the parties hereto. If tion of the Architect's reserved rights, such a fixed limit has been established, the Architect shall be , permitted to include contingencies fur design, bidding and price escalation, to determine what materials equipment com- ponent systems and types of construe on are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in die Comract Docu- ments alternate bids to adjust the Construction Cost to the fixed ARBITRATION li~it. Fixed limits, if any, shal be increased in the amount ()fan 7.1 Claims, disputes or other matters in question between tile (:ontract for Construction. parties to this Agreement arising ()ut of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase h~s not commenced tratinn ill accordance witb the Constructinn Industry Arbitra- within 90 days after the Architect submits thc C()nstn~ctlon don Rules of the American Arbitration Association currently in Documems to the Owner, an},' Project budget or fixed limit of effect unless the parties mutually agree otherwise, Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall be filed in writing with the other part}, to this Agreement and with the American Arbitra- date of submission of t,he Construction Document5 to the tion A~sociation, A demand for arbitration shall be made within Owner and the date on ~hi~ch proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- a reasonable time after the claim, dispute or other matter in questinn h.a.,, arisen, in no event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institufion of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase itt such fixed question wo~tld be barred by the applicable statutes of finxitadons. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebiddlng or renegotiating of the Project shall include, by consolidation, joinder or in any other manner, ~[IIEAMERICANINSTITUTEOFARCnlTECTS, 1735NE~YORKAVENUE, NW.,WAS INGTON, DC2CO06 B141-1987 6 except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner, Architect, and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute .3 Five percent of tile total compensation for Basic and consent to arbfiration of an}' claim, dispute or ()tiler matter ill Additional Services earned to (late if termination questinn not described in the written consent or witil a person occurs during an}, subsequent phase. ~ or entity not named or described therein, Tile foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person of entity duly consented to by the parties to ARTICLE[ 9 this Agreemem shall be specifically enforceable in accordance ~,,ith applicable law in an}, court having jurisdiction thereof. MISCELLANI::OUS PROVISIONS 7.4 The av,,ard rendered by the arbitrator or arbitrators shall be final, and judgment ma}, be entered upon it in accordance with ~.1 Unless otherwise provided, this Agreement shall be gov- applicable raw in any court having jurisdiction thereof, erned by !lie law of the principal place of business of the Architect. 9.~ Terms in this Agreement shall have the same meaning those in AIA Document A201, General Conditions of tile Con- ARTICLE 8 tract for Construction, current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement ,, g.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limif~ti~r?$ '~hall corn- not less than seven days' written notice should the other part}, mence to run not later than either the date of Substantial Corn- fail substantially to perform in accordance with the terms of this pletinn for acts or failures to act occurring prior to Substantial Agreement through no fault of the part}, initiating tile termination. Completion, or tile date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for set- Completion vices performed prior to notice of such suspension. When the 9.4 Tbe Owner and Architect waive all rights against each Project is resumed, tile Architect's compensation shall be equi- other lind ;igain$1 the contractors, consultants, agents and lably adjusted to provide fur expenses incurred in the interrup- employees of tile oilier for da }lages, hut only to the extent cov- .~ lion and resumption of the Architect's services, ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth In tile edition of AIA Document A201, General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of tile date of this is abandoned by the Owner for more than 90 consecutive days, Agreement, The Owner and Architect each shall require similar tile Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. nodce, g.$ The Owner and Architect, respectively, bind themselves, $.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial tile other party to this Agreement and to the partners, sue(es- nonperformance and cause for termination, sots, assigns and legal representatives of such other pan}' ~" th respect to all covenants of this Agreement. Neither Owner nor 8.$ If the Owner fails to make payment when due the Archi- Architect shall .assign this Agreement without the written con- tect for services and expenses, tile Architect may, upon seven sent of tile other. davs' vcrfueo notice to the Owner, suspend performance of ser- vices under this Agreement. Unleas payment in full is received g.fi This Agreement represents the entire and integrated agree- bi' the Architect v~,,ithin seven days of the date of the notice, tile nlem between the Owner and Architect and supersedes all suspension shall take effect without further notice, ltl the event prior negotiations, representations or agreements, either writ- of a suspension of services, tile Arcbitect shall have no liability ten or oral. This Agreement may be amended only by wrinen to tile Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. ~.7 Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination uol the fault of the Architect, tual relalinnship wilb or a cause of action in favor of a tfiird the Architect shall be compensated for services performed prior party against either die Owner or Architect. lo tenninatinn, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7, 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consuhants shall have no responsibility for the ~ 8.7 l'ernfination Expenses are in addition to compensation for discovery, presence, handling, removal or disposal of or expo- B~sic and Additfunal Services, and include expenses which are sure of persons to ha~.'trdous materials in an}' form at tile Protect directly attributable m tcrminatkm, Termination Expenses shall site, including hut not linfiled to .asbestos, asbestos produckq. bc compnted as a percentage of. the Iotal compensation for polychlodnaled biphenyl (PCB} or other tome substance. B~sic Services and Additional Services earned to the time of ter- ~.9 The Archfiect shall have tile right to include representa- nlination, as follows: lions of tile design of the Project, including photographs of the .1 Twenty percent of the total compensation fur B:ksic exterior and interior, among the Architect's promotional and and Additional Services earned to date if termination professional materials. Tile Arcbfiect's materials shall not occurs before or during the predesign, site anah'sis or include tile Owner's confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised tile Architect in writing pf ' 7 B141-1987 w D ~0006 TIlE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE YORK AVENUE, N.W. WASHINGTON. C the specific information considered by tile Owner to be confl- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dentist or proprietary.. Thc Owner shall provide professional 10.3.1 An initial payment as set forth in Paragraph I I I is tile credit for the Architect on the construction sign and in the pro motional materials for the Project. 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 ser- vices 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 the extent Ihat the time initially estahlished in Suhparagraph I 1,5.1 of this Agreement is exceeded or extended 10.1 DIRECT PERSONNEL EXPENSE through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additiomfl period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory add 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 the Project are deleted or taxes and other statutory employee benefits, insurance, sick ntherwise not constructed, compensatk)n for those porflons of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent services are per- and benefits, formed on those portions, in accordance with the schedule set forth in Subparagraph t 1.2.2, based on (1) the lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent prefiminary estimate of Construction 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 Services 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 tile fnlk)w- 10.4 PAYMENTS OH ACCOUNT OF ADDITIONAL lng Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized out-of town Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for sectlr- upon presentation of the Architect's statement of services ten- lng approval of authorities having jurisdicfion over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Speciflcatk)Os and other documents. 10.5.1 No deductions shall be made from tile Architect's com- 10.2.1.3 If authorized in advance by the O.wner, expense of pcnsatkm on account of penalty, liquidated damages or other overtime work requiring higher than regular rates. SHIllS withheld ierom payments to contractors, or on accotmt of 10.2.1.4 Expense or renderings, models ,and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has hcen found to be liable. 10.2.1.5 Expense of additkmal insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance~ requested by tile ()wner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses pe.r} raining to Additional Services and services performed on tile Architect's consufiants basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.5 Expense of computer-akled design and drafting able to the Owner or the Owner's attthorized representative at equipment time when used in connection with the Project. mutually convenient times. _ __ ARTICLE 11 BASIS OF COMPENSATION 11.1 ANINITIALPAYMENTof TIdENTY THOUSAND Dollars($ 20~000.00 shall he made upon execution of tills Ag?eement 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 an5, other services included itl Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: 7½% OF TIlE TOTAL COST OF CONSTRUCTION INCLUDING STRUCTURES~ SITD.4ORK~ FURNISHINGS~ AND ALL APPURTENANCES RELATING TO THE CONSTRUCTION INCLUDING CEtANGE ORDERS. 11.2.Z 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 tile total Basic Compensation payable: Schematic Design Phase: TWENTY percent (20 %) Design Development Phase: 'B/ENFY pcrccnl (20 %) Construction Documents Phase: IfORTY percent (40 %) Bidding or Negotiation Phase: TEN percent (10 %) Construction Phase: T ~['~ percent (10 %) 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, compensation shall be con~. puted a.s follows: HOURLY RATES: PRINCIPAL ARCHITECT- $110.O0/HR. PROJECT MANAGER- $ 65.00/HR. SENI-OR DRAFFSHAN- $ 55.00/HR. JUNIOR DRAFTSMAN- $ 45.00/HR. SECR~FARIAL- $ 30. O0/HR. 11.3.2 FOR AI)DI'FIONAL SERVICES OF TIlE ARCIIITECT, .as described i. Articles 3 and 12, od~er tllCd~ (11 Additional Proiect Representation, as described in Paragraph 3.2, and (2) services included in Article 12 ms part of Additional Services, bul excluding ser~ vices of consultants, compensation shall be computed as follows: SEE SECTION 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 ']~]O ( ~ ) times the amounts billed to the Architect for such services. 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as descril)ed in Paragraph lO.2, and an¥ other itcnls included in Article 12 as Reimbursable Expenses, a multiple of '~l~/O ( ~ ) times tbe expenses incurred by tile 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 tbis Agreement have not been completed within TWELVE ( !2 ) months of the date hereof, through no fault of the Architect, extension of tile Architect's services beyond that time shall be compensated as provided in Subparagraphs 10,3.3 and 11.3.2, 11.5.2 Payments are clue and payable 'iIIIRTY ( 30 ) days from the date of thc Architect's invoice. Amounts unpaJd THIRTY ( 30 ) days after tile invoice date shall bear interest at tile rate entered below, or in the absence thereof at the legal rate prevailing flora time to time at the principal place of business of the Architect. 9 B141-1987 AIA DOCUMENT B141 * OWNER-ARChITECT AGREE~'.IENT · FOURTEENTH EDITION · AIA® · ©1987 1 1.5.$ l'he rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES ADDITIONAL ,ENGINEERING SERVICES OF CONSULTANTS 'FO BE INVOICED AT ~DIE AHOUNT SPECIFIED IN SECTION 11.3.3 INCLUDING BUT NC~F LIMITED RD: ENVIRONMENTAL ENGINEERING W '~H_ANDS ENGINEERING CIVIL ENGINEERING BLUEPRINTING: 10 SETS OF BLUEPRINTS INCLUDED UNDER BASIC SERVICES. ADDITIONAL BLUEPRIbYFING SHALL BE CHARGED AT RIlE RATE OF $5.00 PER PRINT. · 10 SETS OF SPECIFICATION BOOKLETS INCLUDED UNDER BASIC SERVICES. ADDITIONAL SPECIFICATION BOOKLEFS SHALL BE CHARGED AT THE RATE OF $50.00 PER BOOKLEF. ' ART'ICLE 12 Amendment to A~tic.le 8 8-8 This contract may be cancelled by ownep for any reason upon 30 days notice to the architect. Architect shall be entitled to payments for all work to date "unless termination is for nonperformance or cause. Cancellation of sergices~i=or any one project does not constitute 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..~C)/_~X-~v~ This Agreement entered into as of the day and year first written above. OWNER Peter J, Sica, Mayor P. WANSKUS, RA (Printed name and title) &IA O~UMENT B14~ ' OWNER-ARChITECT AGREEMENT · FOURTEENTH EDITION · AIA~ · ~19B7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N,W,. WASHINGTON, DC ~tX~ B~ 41-1957 10