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Home My WebLink Aboutbocc.con.070.1979 �,. ... ._.. . / r,�r �`��' . � . . ��...;Ey.i*.i'- . ,j.� i..�.:�:�i :�L�":.f�i r't'_;'ti. . yl- tY „ , . . . �.'... ... . .� ... ... . ... : .. ��.� _" . ' �: YI-• ., . .,.. .._ . -" � ��b.. � . . � "F ":��: ' � �� ' THE AMERICAN INSTITUTE OF ARCHITECTS >'�'' �o(�9� ; � ; � AIA Document 6141/CM CONSTRUCTION MANAGEMENT EDITiON ; - Standard Form of Agreement Between� � Owner and Architect � ,:... , ��,_�� iH15 DOCUb1EM HAS IA1POR7ANT LFGAL CONSfQUENCES;CONSUliAT10N WITH . ` . AN ATTORNEI'IS ENCOURAGED W17H RESPECT 70 ITS COMPLETION OR MODIFICATION � 6 This document is inlended to be used in conjunction with � � � AIA Documents 8801,A101/CM and A201lCM � � i . AGREEMENT ; s made this day of � in the year of Nineteen � Hundred and � 3 BETWEEN ihe Owner. gpAR� OF COUNTY COMMISSIONERS � PITKIN COUNTY, COLORADO and the Architect: � CAUDILL ASSOCIATES . ARCHITECTS . ATA P.O. BOX FF ASPEN, COLORADO 81611 For the following Project: � � Unciude detalled description of Proiect location and scope) � �� . . � LAW ENFORCEMENT BUILDING FOR PITKIN COUNTY.. .LOCATED IN ASPEN, COLORADO. � � � ` the Construction Manager: ' � TO BE SELECTED � The Owner and the Architect agree as set forth below. � . AIA DOCUMENi B147lCM•O\VNER-ARCHITECT AGREEMENT•CONSTRUCTION MANAGEMENT EDITION•MAY'1975 EDI- ' � � � fION•AIA�•�1975•7HE AMENIC.\N INSTITUTE OF ARCHITECTS,1735 NEW'YORK AVE.,N.W.,WASHINGTON,D.C.2000f l . � 'k S i `� � .... ....._..�_:........ � ��-......,,..._,....�_ ..�rix::s:.�wasw:a.ru.w+w�a.u:::: �,i ?rw..,2i��3.'m'iiti�.=scatvsnh-..a•. ., .-w-4 �,•,�••.•.•••�• . 7y� �,l, .. a , . , . . . . � . . . � r.; �y � � ��.�� :�,;:� � �C.aAn�.�'k�a;:t.. �, � - � � � �. � - , � . � ..� ....` . �. � _.. : �.. - '�'�:. .�� . . . � �. . . � . � . . � - .. \'• _ � . . . . �. � . . . `i . � �� , � � � � tiaG�i=iS � ^"�- '_31 �"•,:.��tr.t�£!I't," .. . ' . . .:�:�:::.'�'�' .'�':'''Yi�i'y_.��!� 4�3..y r'��M�ym�((.sr` ��X.r . . . ... . ,. «, , , ' �<`�'#t.� rr " r�r: ' ��. i�i ; MULTIPLE OF DIRECT PERSONNEL EXPENSE i ;� I. THE ARCHITECT shall provide professional services(or ihe Project in accordance with the Terms j �� and Cnnditions of this AgreemenL i �' II. THE OWNER shall compensate the Architect,in accordante�vilh the Terms and Conditions of this i �greement. '.I A. FOR DASIC AND ADDITIONAL SERVICES,as described in Paragnphs"1.1 and'1,3,compensation { ``; shoU bc com�ided on�hc basis o(a MULTIPIE OF DIRECT PERSONNEL EXPENSE,as follows: , � Principals'lime at lhe(ized rate of —"thii'ty f iv6--doilars(5 35.00 � )per hour. � For the purQoses of this Agreement,the Principals are: Sam Calldill � Architectural work shall proceed at a multiple of direct F, personnel expense until such time as a fixed fee for nrofessional services is determined. Compensation at a multiple of direct i• personnel expense shall not exceed $10,000.00 before a Eixed ! fee is agreed upon; nor shall architectural work groceed beyond ' schematic phase completion before a fixed fee is agreed upon. � s ' Emptoyees'time(other than Principals)at a multiple of thre2 1 !- (___ 1��mes the employees' ' � 3-- drafting wage. Services of pro(essional consultants at a multiple of one and one guartez � _ 1.__l�__1 times the amount billed to the Archile�t(or such services. � C �X��i�}�� l X�Ht�57�4JCXXXXXXXXXXXXXX t R�14}��44C1t44L�X44140C7�SG�fi�76�fi}P.¢�q¢7q�¢�gq{}{iR�CRrX�'4ED�71'4C}f'R�PX'R:�CX"1E4P1PRtX � C. FOA REIMUURSA(iLE EXPENSES,amounts expended as de('med in Artide 5 including computer i � . time(or professional secvices, � � ; � I ! � III. THE OWNER AND ARCHITEGT agree in accordance with the Terms and Conditions of this Agree- . . � ,,. ment that: A. IF THE SCOPE of Ihe Project is changed materiaHy,cqmpensation sha11 be subject to renegotia- tion. B. If 7HE SERV(CES covered by this Agreement have not been completed within £oi'ty eight (---48---)monihs of tha date hereof,tfie amounts of � mmpensation,rates and multiples set forth in Paragraph 1!shal)be subjec[to renego[iation. { � . � AIA DOCUMENT 8741/CM•OWNEH•ARCHITECT AGRFEMENT•CON57RUCTION MANAGEMENT ED1710N•MAY 1975 E01• � � � iION•Alh�•�1175•lllC AAfCA1C�N 1NS71TU7E OF ARCHITKTS,1735 NEW YORK nVE.,N.W.,WASHINGTON,D.C.20006 2 � � �} . � F .-..:._.......:.�.......�..�,,.....,...:�:a:�...a,v-...._,.._.,.s,.,:...ws:.r� ..t.. _"__ � .__. .. , . . '_,.,-J...�.. � . �t a.��..-:�,�.a...... .,....—.................---�- ';. . . . . tA(�v I� � ... . . . . . .. - ' .. � - . . i'i . . .. � . . . . . . � . . � . � - . ... r� _., ad35rF'YC".�`�.�.s:i . . - ' � . �- � . . ... � , .'. .i �. . . .. '� . . . . . , . 1 :�y,.;•.;�:.,4� �>a�k..�:. L � } _ :ri 53:1�.J�J��,; . ,. . / . . _�:;;v.�iYt7e' _ a ^��.+z-�f . . . _ . . . � . . .. .u� . .qv t yi� . ��y:.i n�1 { FIXED FEE ; [, 7HE ARCHITECT shall provide professional services for the Project in acwrdance with the Terms and Conditions ot this AgreemenL II, THE OWNER shall compensate Ihe Architect,in accordance with the Terms and Conditions of this Agreement A. FOR AASIC SERV1Cf5,as described in Paragraph 'I.1, Dasic Compensatio� shaN be computed on ihe basis of a F�XED FEE to be determined at a future date, - � 6. FOR ADDITIONAL SERVICES,as desuibed in Paragraph'13,mmpensation computed as follows: � 7 r 7. Principals'time at the fixed rate of--thirty fiVe—�o��an($ 35.00 1 perhour. � � For Ihe purpose of this Agreement,the Principals are: SH1R Cdtldill � � � r G,._. _ � j � � � 2. Employees'iime(other than Principals)a�a mulliplc o( thY2e � (---3__�times the employees' drafting waae. 3. Services oF professional consultants at a multiple o( OIIe dnd one oudZ'ter , (---1 e--)times the amount bi(led to the Architect for such services. � • � Yax�aowwx�x�exma�x ' ' �eA+ 4�t x xxx xxxxx�t � �k�xa��xe��'ss�txhi�c4mcs�xn�a�a�kx�x��x�exi�ia�€�a9axnc�t I D, FOR REIA-il3URSA�iLE EXPENSES,amounts expended as defined in Article 5, � i i , ❑I. TNE OWNER AND ARCHITECT agree in accordance with Ihe Terms and Conditions of this Agree- � ment that: ' A. !f THF SCOPf of the Project is changed materially,compensation shall be subject[o renegotia- + j tion. B. IF 7HE SERVICES covered by this A6reement have not been comp(eted within forty eight (--48--- )momhs of tAe date hereof,the amounts of compensation, nles and multiples set forth in Paragrapfi II shatl be subjec[to renegotiation. _. �i , f . , �. AU DOCUMENT 81it/GM•pWNER-ARCHITECT ACRFEMENT•CONSTRUCTION MANNGEMENT EDITION•M�Y'1975 EDI- � � � TION•AIA�•0�975•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,M.W.,WASHIMGTON,D.C.,20006 2 I 1 - t�� . . � � . . - . .� .._""-._ auw.+.wr.�a. .. .,:-�., � . .. .rvwt.:urr.�.:...�.�,.:�.....- �-�-�_._.._..-�.•_...:,-.-.. _.._..._�.-y....._,._ : �t 1 t�,' g? . ,�; '� 'C r - 1j . ,�... ., zw��j-`r � ' . - � � . . � I. - . . .. . °j . � . � - . � . , _. ,� .:y.: ?k: �.. . . �:: � ,�e��' a��G'�,,f�; . . . ._��1,� :'�-.!�ai,� i:. , .. .. ,v1.� . t,�.� { �c.�"!'-^,T�.y^!��/ y�!y± ��N��'yyy . . P MO't�+.k#11:�7163r^frJ'.iMqV'nilWN'.4.�....��L�J%.�fC1.:�V.iY�C�a�,+MtiI.T-:."{.�.�..._.�':In�"��Ti��TM^�.� 7� . 4�n.-. • �'l 'yvXl: . ��=�,,.�'l�' . :M�,.:;:;: • , a �,';:'�;` TERMS AND CONDlTIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ��,� ARTICLE 1 his estimate of conslruction costs. ARCHITECT�S SERVICES 1J.8 The Architect shall assist IBe Owner in filing the required dowments for the approval of governmenta) 1.1 BASIC SFRVICfS authorilies having jurisdiction over lhe Projecf. The ArthitecPs Basic Services consist of the five CONSTRUC710N PHASE—ADMINISTRA710N � phases described below and indude normal struc- OF tHE CoNSiRUG71oN CoNiRACT , wrel,mechanical and electrical engineering services Tbe Consiruction Phase wilf commence with the and any other services inciuded in Article 14 as award of the(irst Construction Contract or purchase _ Basic Services, order and will terminate 30 days after the final SCHEMATIC DES�GN PHASE Certifi[ate for Payment is issued by the Architec4 � 1.'1.'1 The Architec� shall review the program fumished 1J•9 The Architect, in cooperation with the Construr by�6e Owner to ascerwi�the requirements of the Project tion Manager, shall provide Administration of the Con- and shaU confirm such requirements to the Owner. struction Contracts as set forth in AIA Document A20ilCM, General Conditions of the Comract for Con- j 1.1.2 Bascd on the mutually agreed upon program,Ihe struction,Construction Management Edition,and the ex- Arcfiilec�shall prepare Schematic Design Studies consist- �ent of his duties and responsibilities and the limitations � ing o( dra�vings and oiher documents illustrating the of his authoriry as assigned thereunder shall not be modi- � swle and relationship of Project components for ap- {ied�vithout his writtem m�sent. � proval by the Owner. ` 7.7.'IO The Arcfiitect,as a representative of the Owner � 1.1.3 The Arc6itect shall provide the Construction Man- during the Construction Phase, shall advise and conwtt i ager periodically wi�h Schematic Design Audies for his W�th the Owner and tBe Construction Managec All in- review during lhe Schemalic Design Phase.At the end of structions to the Contracror shall be issued through the lhe Schematic Dcsign Phase he shall provide the Con- Construction Maoagec The Architect shall have authoriry struction Manager with drawings and other documents to act on behalf of the Owner to the extent provided in e approved by ihe Owner for an estimate of constructioa �he General Conditions untess otherwise modified in c05[s. ��,ri��g ' i DESIGN OEVEIOPMENT PHASE �,�,7y 7(�e Architect shall at aU times have access lo[he � 1.1.4 The Architect shall prepare from the approved Work wherever it is in preparation or progress. � , Schematic Design SWdies,for approval by the Owner,the ��y2 The Archited shall make eriodic visits to the site � Design Develapment Documents consisting of drawings P : and ather Aocumems to (ix and describe the size and �a familiarize himselt generally with the progress and character of the entire Project as lo structural,mechani- 9uality of the Work and to determine in general if lhe j cal and electrical systems,materials and such other essen- �'�'Ork is proceeding in accorda�ce with the Contract tials as may be appropriate Documents. On the basis of his on-site observations as an architect, he shaN endeavor to guard the Owner 1.�.5 7he Architect shall provide the Construction Man- against de(ects and deficiencies in ihe Work of a Con- ager periodically �vith Design Development Documents tracroc The Architect shall not be required to make j for his review during the Design Development Phase.At" exfiaustive or continuous on-site inspections to check the the end o(the Design Devetopment Phase he shall pro- qualiry o�quantity of the Work.The Architect shalt not i vide the Construction Manager with drawings and other be responsible for canstruclion means, methods, tech- documenis approved by 1he Owner(or a(urther estimate niques,sequences or procedures,or for safety precautions � of construction cosL and programs in connection with!he Work,and he shall i - � CONSTRUCTION OOCUMENTS PHASE nnt be responsible tor a Controctors failure to carry out � �� the Work in accordance with the Contrect Documents, � " 7.7.6 The Architect shall prepare from the approved nor shalt he be responsible for the Construction Man- � Design Devefopment Documents, for approva) by the ager's(ailure to car��out his obligations as the agent of � `Owner,Drawings and Specifications setting(orth in detail �he Ownec the requirements for the ca�siruction ot the entire Proj- { ect including the necessary bidding in(ormation,and shall �•�•73 Based on such observations at the site,the recom- ; assist in the preparation of bidding forms,the Conditions mendations of the Construction Manager and on a Con- i o(!he Contract,and lhe form of Agreement beiween the tracmr's Applications for Payment,the Architect shall de- Owner and the Contrector. lermine tRe amount owing to a Contractor and shall issue Certificates tor Payment in such amounts.Tf�e issuance o( . �.�J The Architect shail keep the Construction Manager a Certificale for Payment shaU constitute a representation inlormed o(any changes in requirements or changes in by the Architect lo[he Owner,6ased on fhe Architett's . construction materia(s, systems or equipmen[ as the observations at �he site as provided in Subparagraph Drawings and SpecitiwUons are devefoped so that the 9.7,12 aod the data comprising the Application tor Pay- ! Conshuction Manager can periodically update and refine ment, that the Work has progressed to the poinl indi- i A!A DOCUMENT 8141lCM•OWNER-�FCHITECT AGREEMENT•CONSTRUC71nN MANAGEMENT EDITION•M0.Y 7975 EDI- � itON•AUg•�7975•THE AMERICAN INSTITUTE Of ARCH�TECTS.7735 NEW YORK AVE.,N.W.,WASHINGTON,p.C.20006 � 3 � (�� ! '' 7 �i . ^--- „'�,,,z::.ix.��.cv � �-.� . . . . .. , .. ..._.__.,_.._."'_. ..._.__.__ ..._.._..�...,.._ . .__.�.. ft5 ..�.� . F. ,., . ...::,. - ..-.,..... .__,.... , �,:, s: ` �. � � U � t � � . .��:� 6�: �� .. ___ - r:� , i. _ "i{f,�r_.' - . • i ,�c _r s�� .`Y ��z�*;°�� . ]._,-3' .... . . _�.._ ...._.�__.._ � . • I�: . �t��:�`� . .a,l... . . � �4��.:,��.�'. . . . �) ,� 'S:+Y;�',�_�. • cated; that to lhe best of the ArchitecYs k�ow�edge, in an exhibit appended io this Agreement. •:+'-A:�+' information and bclief, �he quality of Ihe Work is in =�'��'!� accordance wi�h Ihe Co�tract Documents (subject to an 7.2.3 The duties, responsibilities and IimiWtions of au- evaluation of lhe Wo�k (or confnrmance with the Corn �horiry o(such Fu11-Time Project Representatives shall be � lract Documents upon Substantial Comptetion, to the 5et forth in an exhibil appended to this Agreement. F results of any subsequent tesis required by the Contract �,y,4 Through the on-site observations by ful6Time Documents,to minor deviations from the Contract Docu- prolect Representatives of the Work in progress, the ments correctable prfor to compteuon,and to any speoric Archiiect sBall endeavor to provide(urther prorection/or quali(icalions stated in the Cerfi(icate (or PaymenU; and �he Owner.g,ins(de(ecfs in lhe Work,but the fumishing that a Conlrador is en�ided to payment in the amount ��Kucfi project representation shali not make the Archi- certified.Uy is5uing a Certificaie (or Payment, die �rchi- iect responsible for construction means, methods, tech- tect ehall no1 be deemed lo represent that he has made niques,seyuences or procedures,or fo�safty precautions any examinaiio�!o ascertain ho��•and for what purpose a �nd programc,or for any Contractor's failure to perform Contracror has used the monies paid on account of the �he�Nork in accordance with the Contract Documents, Contrect Sum. 7.'1.14 The ArchiteU shall be, in Ihe first inslance, the �•3 ADpITIONAL SFRVICES � interpreler of the mquirements of Ihe Cnntracl Docu• The following Services shall be provided when au- '• � ments and thc imparlial judgc of the performance�here- lhorized in writing by[hc Owner,and they shall 6e � j under by both the Owner and Contracror.The Architect p��d for by the Owner a5 hereinbe(ore provided. ! shall make decisions on all chims of the Owner or �,3.1 Providing analyses ot lhe Owner's needs,and pro- i Conhac�or rehting to the execution and progmss of the gramming the requiremen�s o(the Project. Work and on all other m.lters or queslions rela�ed � thereto, The Architect's decisions in matlers rela�ing ro 1.3.2 Pro�•iding financial (easibility or other special � artistic effen shal!be final if consistent with the intent of sWdies. ' the Contract Documents. - ! 1.3.3 Providing planninF surveys,sife evaluations,envi- . 7.135 The Architect shall haee autBority to reject Work ronmenlal sfudies or compare(ive studies of prospective ' � which does not conform to the Contract DocumeNS. si�es. i Whenever,in his reasonable opinion,he tonsidcrs it neo- f essary or advisable to insure the proper implementation 7•3.4 P�oviding design services rela�ive to tuture facili- � o( the iment oF the Contrac[ Documenls, he will have t+es, syslems and equipment �vhich are not intended to j � aulhority to require special inspectioo or resling of any be mnstructed as part u(the Project. � { ' Work in accordance with �he provisions of the Contract y.3 5 providing services to investigate existing conditions ' � Documents whether or not such Work be then fabricated, ar facilities or to make measured drawin s thereof or to � ` installed or completed. veri(y the,ccuracy o(drawings or other nFormation fur- � 1.i.t6 The Architect shall review and approve shop nished by the Owner. � dra�ings,samples,and other submissigns of a Pontracior 7.3.6 Preparing documen�s for altemate bids or out-of- onl for contormance with the desi n conce t of the � Project and for compliance with !he information given sequence services requested by the Owner. ' irt the Coniract Documenis. 1.3.7 Proaiding Sla�ements of Probable Construction � 11.17 The Architect shall prepare Change Orders. Cost,petailed Estimates of Construction Costs or de[ailed ( quantily surveys or inventories of material,equipment and J 1,1,18 The Architect shall conduct i�is�ctions to deter- mine the Dates o(Substantial Completion and final com- laboc � pietion,shall receive and review wri�ten guaranteet and �.3.8 Providing interior design and other services re- � related documents assembled by a Contractor, and shall quired for or in connection with the selection of fumiwre � issue a final Certificate(or Payment. and(umishings. � ' . i , 7.1.79 The Architec� shali not 6e responsible for the 1.3.9 I'rmiding services for planning tenant or rental � acls or omissions of any Contraclor,or any Subcontrac- spaces. ' j tors, or any Contrutor's or Subcontractors' agents or . ! employees,or any other persons periorming any of the �•3.'70 Making revisions in Drawings, Specifications or Work. other documents when such rev'isions are inconsistent j with wrilten approvals or instruclions previously given � 1.2 PRO�ECT REPRESENTATION BEYOND BASIC SERVIGES and are due tv causes beyond the conlrol of the Architect. � � i 9.2.1 It more extensivc represenlation at the site than 1.3.11 Preparing supporting data and other senices in � is described under Subparagrephs 7.7.9 lhrough 1J.19 in- connedion wilh Change Orders if the change ih the clusive is required,and if the O�vner and Architect agree, 6asic Compensation resulting(rom the adjusled Contract j the Architect shall provide one or more Full-Time Project Sum is not commensurate with the services required of Represeniatives to assist the Architecl. the Architect. ` i 1.2.2 Such Full-7ime Project RepresenWtives sh.11 6e 5.3.72 Making investigations involving detailed apprais- y selected, employed and directed by the Architect, and als and valuations o( existing facilities, and�surveys or i the Architect shall he compensaled Ihere(or as mulually invenlories required in connection with construction per- i agreed beM•een the ON�ner and Ihe Architect as set forth formed by the O�vner. � AIA OOCUMENT 61a7/CM•OWNER-AKCHITECT AGREEMENT•CONSTRUCTION MANAGEMENT EDITION•MAY'1975 E01- � � - 4 TION•AI.\�•C�17i5•THC ANERICAN INSTI7UTE OF A6CHITECTS,V35 NEW YOfCK AVE.,N.W.,WitSHING70N,D.C.2000G � � � f% � �! .;� --. _ _'--�. .-:<.. _. _.,..,._ . . ._ , _. ... ... . .��_ .,_.._ ._.,� ..., r......_ .....,._-......._�. �! ); ... . � � � . .. ,,..F . - . . . - . � .F. . .. . . . . . .. � � � � . . . . � ;�,;rs � . , I I I '�Mri ..�J"�:.•��. _ -- —_ -- .--------�-�ninh . �Lt i :Jt�° �x,:__}i,.,� - �s;:�y. . 1`�s��`�f:� ,._. . - . . ...._. _ _, ,_:.:., � .._. _. .,... ...,. ..,.. . _.,._ ._. . , �L�, • • ��N�y,, - ?��;: � , i.3.13 Providing consultation conceming replacement of buildings,other improvements and trees; and full infor- _,,Y;v;,., any Work damaged 6y fire or other cause during con- mation concerning available service and utility lines both suuction,and fumishing professional services of the lype public and private,above and below grade,induding in- sci forth in I'ara�raph 1.7 ,a may bc required im m�nec- vcr�s and depdis, tion wilh the replacemenl of such Work. 2.5 The O�vner shall tumish the services of a soils engi- 7.3.'14 Providing professional services made necessary by neer or other consultant when such services are deemed Ihe default of a Contracror nr hy major defecls in the necescvy by the Architec[,induding reporls,lest borings, Work of a ConUauor in thc performance o(the Construa test pits, soil bearing values, percolation tests, air and tion ConUact. wa�cr pollution tests, ground corrosion and resistivity lests and other necessary operelions for delermining sub- . � 1.�.�5 Prepiring a set of reproduciblc record prin�s of soil, air .nd water condilions, with appropriale profes- � drawings slwwing xignifiwnt changes in the Work made sional recommendations, during the conslruc�ion process, based on marked-Up prims,drawinFS and o�her dala fumished by a Contnclor 2.6 7he Owner shall fumish structural, mechanical. io the Architect. chemical and other laboratory tests, inspections and re- 1.3.76 Providin� extensive assistance in �he utiliYalion Ports as required by law or the Contract Documents. s �� of any equipment or system such as inili.I sWrt-up or 2J The Owner shall fumish such legal,accounting,and ': � lesting,adjusling ahd bal.ncing,preparation of operation iasurance counseling seroices as may be necessary for lhe ! and maintenance manuals, Iraining personnel (or opere- Projec[,and such audiling services as he may require to lion and maintenance,.nd consullation during operation. ascertain ho�v or for what purposes a Contractor has used ihe m�neys paid to him under his Construction ; 1.3.17 Providing services after lermin.lion of the Con- CoNract. � � struction 1'hase. 2.8 T6e services, information, surveys and reports re- � � 1.3.18 Preparing lo scrve or scrving as an expert witness qi�ired by Pangrephs 2.4 Ihrough 2J indusive shall be � in conneclion �vith any public hearing, arbitralion pro- (umished al lhe Owners ezpense,and the Architeci shall � � ceeding orlegal proceeding, be en�ided lo rety upoa the accurecy and completeness � � � 1.3.19 Providin¢services of professional consullants for ��ercwi. � � � other than the normal structural,mechanical and electri- 2.9 If the Owner bemmes aware oF any fault or defeU i cal engineering cervices for Ihe Project. in Ihe Prolect or non-contormance with Ihe Contrec( °• Documents,he shall give promp[written notice Ihereof � 1.3.20 Providing any olhcr +crviccs not olhcrwise in- lo ihc�rchiicct. � duded in Ihis A�reemcnt or noi wstomarilv(umished in ; acmrdance with generally accepted archilectural practice. 2•7u Tlie Owner shaii furnish in(ormation �equired of ; him as expedrtiously as necessary for the orderly progress 7 ARTICLE 2 of the Work. � THE OWNER'S RESPONSIBILITIES ARTICLE 3 2.� The Owner shall provide full informa�ion,includin�; CONSTRUCTION COST _. I a comple�c program, regarding his requirements for �he 3.1 If Ihe Construction Cost is to be used as the basis � Project. for determining the Architect's Compensation for Basic 2.2 The Owner shall designate,when necessary,a rep- Services, it shall be the total cost or estimated cOSt to resentalive authorired io act in his behalf with respect to the Owner of a!I Work designed or specified by the the Project. The Owner shall examine documents sub- Architect.The Construction Cost shall be determined by miUed hy the Architect and shall render decisions per- �66regating the total mst as follows, with precedence taining thereto promMiv.to avoid unreasonable delay in in the order listed: . the progress o(the ArchitecCs services. 3.1.7 For completed wnstruction. the cost of aU such 2.3 The Owner shali reWin a Construction Manager to �vork,including costs of managing construction; ', manage Ihe Projed.The Conslructian Manager's services, 3.'1.2 For Work not construtted, (1) [he sums of the ; duties and responsibili�ies will be�hosc described in the lowest bona fide bids received from qualified bidders � � Agreement Belween Owner .nd Construction Manager, (or anv or all o(such Work plus the cosis of work items � AIA Document 6001,the�erms and mnditions o!which in the Condi�ions of!he Conlrac[and costs of managing j - will be furnished to the Architecl.nd will not 6e modi- construction(or such Work,or(2)if the Work is not bid, i fied without written consent by him to such modi(ication. the sum of the bona fide negotiated proposals submitted � . � Aclions Wken by the Construction Manager as Agent o( for anY or all of such Work plus the estimated costs of � the Owner shali be�he acts of the Owne�,and ihe Archi- work items in the Conditions of the Contract and costs of tect shall not be responsible there(or, manaFinR construction for such Work;or � i 2.4 The Owner shall furnish a certificd land survey of 3.1,2 For Work not constructed. (1) the sum of the i ' the site giving,as applicable,grades and lines of streets, received, �he Construction Cost contained in the Con- aUeys, pavemenls and adjoining property; rights-of-way, struction Managers latest Project construction budget restrictions, easemenls,encroachments,zoning,deed re- approved by the Owner, plus the esumated costs of striclions,boundaries and contours o(the site;locations, work items in the Condilions of the Contract and costs of - . dimensions and complete data perWining to exis[ing managing construction. i AIA DOCUMFNT 8747/CM•OWI�fR•ARCHITECT AGREEMENT•CONSTRUCTION tit/�NAGEMENT EDITION•MAY 1975 EDI- , �ION•AIAB•��9%5•THC AhIC1:ICAN INSTITUTE OF ARCHITECTS,1735�CW YO6K AVE.,N.W.,WASHINGTON,D.C.20W6 S t: - i ! �5 1 : t� i ...�._..,.,'_'._ ..-..:....,. .�:,.'._w� 1t ._ . . - : �-"�:"'_.. �" _. _. . ... . . ..__.___'_.__��. ___.......__......... �:::_�_: ::.:,,-, . .. , y}t . .. . ... .. . . . `: ' ' . � . . . � . . . hi . . . . � . . . r:. �I � �i .. , `".�-; . � :�� '.i L SYe �,. _ . , :, :-.T; . , _ � . � .;�; �.ttk.;�` �, �,7,�,,,f n,r�.. . rsF , ... ,;.--.....9�.,{,�{.�—•.--�u;�..-1,.�c�yM-.��t�..i (�y y�� ./'�� ! �:�;r' - � ....;�^�F".i .'�� . ..•151ACre5M�t1i��'adL�t'.�kA�(�i$�Y5LYk11pqvrs:�.- ��.Y:r��. •. �{��.��I":-5�5:AC�`..�..� ..�f..'L'at.�+lil'i�4:::�Y TY��:M1LYLC,� . i �`l„�.� �'. , ,..r y,,J.,� *The cost to the architect of oroject �"`�'��''� �"#'*�F�:. . obseryations performed b the stru tur r,;. . • �neFhanical, eler�tr�ical arid Rt�h�r a�pr��ved �onsu�Itan� �t��ii�:•' • 3.2 Conslrudion Cos1 does not indu e �ie wmpensa- on I ie 'rn��ct by tt�e rc utecl, a d"t e cosl o their uon of the Ardiitecl and hi.cunsui6mts, ihe mst of the mandatury and customary bene(its such as statutory em- land,rights-of-way,or other cusls which are the responsi- ployee brnefils,insurance,sick leave,holidays,vacations, bility of the O�vncr as provided in Pangraphs 2.4 through pensions and similar benefits. 2.7 indusive. ARTfCLE 5 3.3 The cost of labor,malerials and equipment furnished REIMBUR5ABLE E7CPENSES by the Owner tor the Project shatl be included in the Construction Cost at cu�rcnt market rates including a rea- 5.7 Reimbursable Expenses are in addition�o�he Com- sonable allowance tur overhead and pro(it, pensation for easic and Additional Services and include actual expenditures made by�he Architect, his employ- . 3.4 \Nhen a fixed limit of Construction Cost is esWb- ees,or his professional consultants in the interest of the '. lished as a conJitinn of this ngreement, it shalf be in Project for the expenses listed in the following Subpare- ': � writing signed by lhe parties and shall indude a bidding gr,phs: � contingency of len percent unless anather amount is _, agreed upon in writing.When such a fixed limil is estab- 5.1.1 Expense of transporlalion and living when travel- lished,the nrchitect shall be permitted to determine what ��6�n conoection wirh the Project; long distance calls malerials, equipmen�, component systems and types of and telegrams; and fees paid for securing approval of mnstrudion arc l0 6e included in lhe Contracl Docu- authorilies having jurisdiction over Ihe ProjecL ; ments,and to make reasona6lc adjustments in the scope ' o(the Project to bring i��rithin�he fixed limit.The archi- 5.1.2 Expense o(reprodudions,postage and handling o( I lect may also indude in the Contract Documents alter- Drawings and Specifications exduding duplicate sets at nate bids to adjusl the Conslruttion Cost lo the fixed �he comple�ion of each Phase for ihe Owner's review and 's limit. approval. i t 3.4.1 If tlie Bidding or Negotialing Phase has not com- 5.�.3 If aulhorized in advance by lhe Owner, expense menced within six months a(ter the Architect submits�he ot over�ime work requiring higher than regular rates and ; Construction Documents to the Owncr, any fixed limit ezpense o( renderings or models (or ihe Owner's use. of Construction Cost estab(is6ed as a condition of th'rs 5�.4 Expense of computer time(or professional services { Agreement shall be.djusted to rcflect any change in the µ,hen induded in Paragraph II. j general levd o(prices which may have occurred in Ihe i con.lruction industry for the area in which the Project�s 5.1.5 Expense of compuler time�vhen used in connec- ' located. The adjustment sha(I reflect changes behveen �ion with Additional Services. � the date of submission o( the Construction Documents � to the Owner and thc da�c on which proposals are *5.1.6 SEE ABOV�,�,ICLE 6 � soughl. i PAYMENTS TO 7HE ARCHITECT i 3.4.2 When a tixed limit of Construction Cost,including i Ihe Bidding contingency (adjusted as provided in Sub- G.1 Payments on account of the Architect's Basic Services j paragraph 3.4.�,i(applicable),is established as a condi- shall be made as follows: ; tion of t6is qgreement and is exceeded by the lowest � bona tide bid or negotiated proposal, or by the Con- ' slrudion Manager's Detailed E5(imate o( ConStruction I Cost or the Statement o(Probable Construction cost,the O�vner shall (1} give �vriften approval of an increase in 6.1.2 Except when compensation is on thr bAs�s of a such fixed limit, (2) aidhorize rebidding the Project Multiple of Direct Personnel Expense, P ay- ' within a reasonable lime,or(3)cooperate in revising the ments(or 6asic Services shall-be made monthly in pro- � Project scope and quality as required to reduce 1he Pro6a- portion ro services periormed on each Phase so [hat � ble Construc�ion Cost, In the case of (3� the Architect �he compensation at the completion of each Phase shall i shall modify the Drawings and Specifications as necessary� equal Ihe following percentages of Ihe total Basit ro bring the Construttion Cost within the fixed limit, Compensation: � _. ! �vithout additional cost ro the Owner if the Architect Schematic Design Phase .............. 15% � has concurred in the Construction Manager's Detailed Design Developmertt Phase ........... 20� � Eslimate of Construction Cost,and subject ro compensa- Construction Documen�s Phase ........ 45% t tion as an Additional Service under Subparagraph 73.10 Gonstruction Phase .................. 20% � i(he has not so concurred.7he providing o(such service 6.1.3. If the Contract Time initially established in the j shall be Ihe iimit of the Architect's responsibility in this Conslmction Contract is esceeded b more [han ihirt i regud,and having done so,ihe�rchitect shall be entided Y y , lo compensation in accordance with this Agreement. days through no faul[o(the Architect,compensation for z Basic Services performed by Principals, employees and � ARTICLE 4 professionai consultants required to comple[e the Ad- ; , ministration of the Conslruction Contract beyond the � DIRECT PERSONNEL EXPENSE thirtieth day shali be computed as set forth in Paragraph a lI(or Additional Services. Direct Personnel Expense is defined as the salaries of ; - professional, technical and derical emptoyees engaged 6.1 Paymen(s(or Additional Services of the Architec[as - � AIA DOCUMENT 8741/CM•OWNER-ARCHITECT AGREEMENT•CONS7RUCTION MANAGEMENT EOITION•MAY 7975 EDI- � . 6 lION•AIA�•01975•THE nA1ERICAN INSTITLITE OF ARCHITECTS,1735 NEW VONK AVE.,N.W.,WASHINGTON,D.C.20006 � . :f t� �? i _ �'4 . . . � ,.._._.. ........... ......._._,. ._-_....--�—� -- -- "---.._---__�...._. r,. -- � �--- ,,._..._...,...<�... .......... . ..... -._ . _f; . . . � . 1 � ij p . . . . . . .. . r . ..7•�' . . . . . ' . . . . :....� � . . . . . h � ��-.C. . ... . .. . . . � - ... . - .. .e�;i� . � � � . � . . f � � �r . �� Ra;. �.. 1 r �.%'� . �� . 1!`+" '::Jr, .. � - -'�i'�li,�Yt;4�:c�' �,�t. �j � x . � .n . tr:��+��'l�t3-"J��$�1+i�,N'.Yi�`�J�.lM�ir:,.�....5.$di'Itl� .."`.�.�'.1N i5.r.x51�i�F"'>4$:f.fi a�.1�R�.+�tek'ek�� '.,�. 1,�[ ¢.��. .:�Y �Y�Jw+C bf t � +�6Si�i.? J}• ' .Y a.�aii.�:. �Y�-I(5�i�'''.:; . t}�;?�'::; � • � de(ined in Paragraph 13,and for(:cimhursahte Expenscs AR7ICLE 10 rl�x�r as de(ined in Ar�ide 5, st�all be made monthly upon SUCCESSORS AND ASSIGNS presentalion o( the ArchitecCs statement of services rendered. The Owner and the Architecl each binds himself, his 6.9 No deduciions shall be made from the ArchitecCs I»rmers, successors, assigns and legal representatives to compensation on account ot penalry, liquidated dam- the other party ro this Agreement and to Ihe parmers, ages, or other sums wilhheld from payments lo con- successors,assigns and legal representatives of such o�her tractors. party with resped to aH covenants of this Agreement. 6.4 If the Pro'eci,is sus ended for more than three heither the Owner nor the Architect sha!! assign,subiet 1 P or trans(er his interest in this Agreement without the months or abandoned in whole or in part,the Archieect Written consent of the other. shall be paid his mmpensaiion for services performed ' prior lo re[eipt of�vritlen noticc from the Owner aF such ��j}�$ suspension or abandonment,togedier with Rcimbursable Expenses then due and all terinination expenses as de- � fined in Paragraph 6.3 resulting(rom such suspension or � q�(��ims,disputes and other matters in question abandonment. If the Project is resumecl after being sus- be een the parties ro this Agreement arising ou[of or pended for more than three momhs, the ArchitecCs relaU to this Agreement or the breach thereof,shall compensation shatl be subjed to renegotiation. decide by arbitration in accordance with the Const o- 6,5 Payments due Ihe Architect under this Agreement ��on Ind try Arbitra[ian Rules oF the American Ar itra- shall bear interest at the lesal rale commencing sixly tion Assoa io�then oUtaining unless the parties tually days after the date of billing. agree othcr 'e.No arbitra�ion arising out of,o relating to�his Agreem t,shall include,by consolidat n,joinder ARTICIE 7 or in any o�her anner,any addi�ional par! not a party ARCHITECT'S ACCOUNTlNG RECORDS w this Agreement •xcept by written conse containing a specific rcference to his Agreement and gned by afl Ihe j j Records oi Reimbursable Expc�ses and expenses pertain- pariies hcreto. Any nsent to arbilr wn involving an ing to Additional Services on the Project and(or services additional party or part� shaN not nstitute consent to � performed on thc basis of a Multiple of Direct Personnel arbitration of any dispute ot des ibed therein or with Expense shall be kept on a generally recognized account- any parry not named or des 'bed erein.This Agreement ing basis and shall be availablc lo the Owner or his to arbitrate and any agreeme o arbitrate with an addi- authorized represent.live at mutualiy convenient times, tional party or parties dvly senied to by ihe Aarties ! ARTiCLE 8 hereto shall be specifically (orc ble under the prevail- ing arbilration law. TERMINATION OF AGREEMENT ��,2 Notice of the d and for arbit ion shall 6e(iled 8.1 This Agreement may be terminated by either party �n writing wilh the ther party to this Agreement and '; upon seven days' wrillen nolice Without cause. wilh the American Arbitration Associatio The demand � sh,II be madc w' iin a reasonable lime af r the claim, dispule or o� r matter in queslion has ar n. In no ! � event shall t demand(or arbitration be made fter the � 8.2 In the event of lermination due to Ihe fault of par- date when nstitution of legal or equitable pro dings j. ties other than the Archileci, �he Architect shall be paid ��sed on uch daim,dispu�e or other matter in qu tion � his compensation For services performed to termination would barred by the applicable statute of limitati s. ' date,induding Reimbursablc Expenses ihen due and all ` termination expenses. 7�.3 The award rendered by the arbitrarors shall b � fi ,and judgment may be entered upon it in accordance 8.3 Termina�ion Expenses are defined as Reimbursable i�h applicable law in any court having jurisdiction � . . Expenses direcdy allribuWble to termination, pius an � amount mmputed as a percentage of the rotai compen- j sation earned�o the time of termination,as fotlows: ARTICLE 12 � + 20 percen� i(termination occurs during the Schematic EXTENT OF AGREEMENT i Design Phasc;or , '10 percent if termina�ion occurs during Ihe Design De- 7his Agreemenl represents the entire and integrated ` vclopment Phase;or agreement between the Owner and the Architect and � 5 percent if termination oaurs during any subzequent Supersedes afl prior negotiations, representations or � phase. agreemen�s,either written or oral.This Agreement may � ARTICLE 9 be amended only by wriUcn instrument signed by both OWNERSHtP OF DOCUMENTS O�vner and Arcfiitect. � ; ;, Dra�vi�gs and Specilicalions as inslruments of service are ARTICLE 73 and shall remain the properry o( the Architect whelher" GOVERNING LAW lhe,Projed for which they are m.de is executed or no[. They are nol to be used by lhe Owner on other projecis Unless olhenvise speci(ied,this Agreement shall be gov- � or extensions to this Project except by agrecment in writ- emed by the law of the principal place of business of the � . ing and wi�h appropriate compensalion lo lhe ArchiteU. Archiiect. AfA DOCUMENT Bld7lCM•OWNER-ARCNITECT AGREEMENT•CONSTRUCTION A1AnnGEMENT EDITION•MAY 1975 EOI- �, - � iION�AIA�•�1975•TtIE AMER�CnN INSTITUTE OF ARCHITECTS,1735 NF.1N YORK AVE..N.W.,WnSHINCTON,D.C.20006 r�:' f i` �� x �..._.�'__. _._._ ',I _._.. ... .... . .___---.-...�v.,�...d:::��r, ....��,v.e .,:. �: ....._. _ .. .__..__. . .._.._.__. . ...._..... �.,.,..._., � � � . .. - .. . � . . ��... � � . � .. . - . !`.._� , . .. . • . . .'�' ... � . .. �� . � c � .}.� . . .. . .- . . . u . . \ . . .. ,�.•iy �t._ � . . ` ' I y �- I�'sr�i ...____...__ . .._' i�r�rrr __. � ,.# y-i , � . . } ,� �,�r . .. . 7F.� r-�` r�.�' � . ��` { °=F�� a�' :b c .1,t'.� - �JPh_''�� +i'�r �'��ew��li` „�, N_,j1�, . . � . ��•.�_ t�: . ._*��,+;�... ' . ' ' ARTICLE 14 '`"� OTHER CONDITtONS OR SERVICES 14.1 Ad@itional Services: Refering to paragraph 1.3.1 under additional services;' on page 4, the Architects will assist the Owner in programming for the project on an hourly basis per Article II A, oage 2 - Multiple of Direct Personnel �xpense herein, not to exceed a guaranteed maximum fee of � $3,000 based upon a programming scope oP two (2) months, July and August 1979. ' This initial programming work should determine an i agproximate square footage size of the project and rough per sauaze f Eoot cost estimate, j 't i - 14.2 Construction Management: The Owner has designated the County Planager as its sole designated representative to act in its behalf with regards ' to administration of this contract. Only the County Manaqer or gersons � under his direct supervision sha1Z be authorized to represent the � Owner. � � a 14.3 Drawings and Specifications: All architectural work created by the � Architect and paid for by the Owner as instruments of service shall � � remain the joint property of the Architect and Owner whether the � Lroject for which they are made 'is constructed or not. They are not = to be used by the Owner on other projects or in extensions to this t project exaept by agreement in writing with the Architect which � permission shall not be unreasonably withheld. This Agreement executed the day and year first written above. OWNER ARCHITECT AOARD OF OONTY COMMISSIONERS CAUDILL ASSOCIATE ITECTS . A.I.A. � PITKIN C U TY, O RADO / � i TITLE: CHAI � AIA DOCUMENT 814VCM•OWNER-ARCHITECT AGREEMENT•CONSTRUCTION MANAGEMENT EDIiION•MAY 7975 EOI- . � B TION•AIA�•�1975•THE AMERICAN INSTITUTE OF ARCHITECTS.1775 NEW YORK AVE.,N.W.,WASHINGTON,D.G 20006 _ �� ;" � .;:. - '�__'_ . . . xa.,w�i.;��,.a :,.:.�::...� ..,...�..,_. - ........___-__-. . ....__-�.�._.____-.___,.._-..4�,,,,,,,,, . f,t r.��..� � ,.� �; , :�` : :�,, v : � . — x,x��,�,�. 1 � � . 1 ':,;�;: