HomeMy WebLinkAbout1983-02-14 83-95 ORDER93-95
Introduced by Councilor Willey, February 14, 1993
CITY OF BANGOR
(TITLE.) (Jpaef, Nth9pizing City Manager to,, Enter into the Attached.
Agreement with Alonzo J. Harriman Associates, Inc. - Preliminary
Design of Public Safety Building
By LAe Cary CouwV oltAe CityajBaeyar:
ORDERED,
THAT WBEBBAS, preliminary studies have indicated that it
may be economically and technically feasible to construct an
addition to the Central Fire Station located on Main Street to
be used for the relocation of the police Department, thereby
creating a Public Safety Building, and
WHEREAS, the development of schematic design drawings of
the proposed building, together with preliminary cost estimates,
will be necessary to determine the feasibility of the project,
ORDERED, THAT the City Manager, acting for and on behalf
of the Municipal Officers, be and hereby is authorized to enter
into the attached Agreement with Alonzo J. Harriman Associates,
Inc. of Auburn, Maine relative to the preparation of schematic
design drawings and preliminary cost estimates (Phase 1).
eTATEUM OF FACT:
The development of schematic design and preliminary Cost
estimates is considered necessary to determine the relative
advantages and disadvantages of operating separate Police and
Fire facilities as compared to locatingg both Departments at the
Central Fire Station location. In additiom to determine the cost
of Constructing a Police Station addition to the Central Fire
Station, Phase I will determine the operating coat of a joint
facility as compared to the present separate facilities. The
fee for the Phase I design is $14,900.00, and no further work
will be performed without subsequent authorization by the City
Council.
In City Cmmsil
Feb v 14,1983
y�
ry
Passed
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Tiile
C y Clerk
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A thos3 City
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- the $fk pad'Ag ft k ndtti Aimee J.
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A t .InPi I wry"Deelg' O*f
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`. Safety Building
Iv oda d filedby
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Councilmen
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IF
ARCHITECT'S COPY
83-95
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT NAS IMPORTANT LECAL CONSEQUENCES; CONSULTATION WRN
AN ATTORNEY IS ENCOURALEO WITH RESPECT TO ITS COMPLETION OR M0arichnON
AGREEMENT -
made as of the Fifteenth November
eighty-two day of in the year of Nineteen
Hundred and '
BETWEEN the Owner: City of Bangor
and the Architect: Alonzo I Harriman Associates, Inc., Auburn, Maine
For the following Project Public Safety Bui7ding/Police Station Addition
The Owner and the Architect agree as set forth below
III Feel rid 11 weep. ..del
here Nol Wat be wall 1. hot Theirm�.ia sI �M Am.„ell F. Re"FarNel n., M am unhil
T>Y2*��%A'.+ I: Ell or ARCHITECT: 11 111 1 'Al wa NEW row Jill ° • SEEM
Avrx�E, nw., ylAynncro 6141 -Ten 1
(TMs Page Is Blank)
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1to
previous Statements of Probable Construction
ARCHITECT'S SERVICES AND RESPONSIBILITIES
Cost indicated by changes in requirements or general
market conditions.
BASIC SERVICES
C 5
The Architen'z Balm "Pers for
13.4 The Architect shall assist the Owner in connection
a S'of the five
with the Owners responsibility for filing documents
phases descrrbed in Paragraphs 11 through 1.5 and
re
Paired for the approval of governmental authorities haw "
include muni structural, mechanical and electrical
ins jurimitlion over the Project.
engineering services and any other services included
in A rtche 15 as part of Basic Services.
1.4 BIDDING OR NEGOl1ATION PHASE
iq SCHEWOW DESIGN PHASE
1'4.1 The Architect, following the Owners approval of
1.1.1 TM1e Architect mall
the Construction Documents and of the latest Statement
review the program famished
by the Owner
Of Probable Construction Cost, shall April the Owner in
to ascertain the requirements Of the Proved
and shallm
review the understanding °f on requirements
Obtaining bids ° negotiated
awarding and afioopst in
with the Owner.
preparing contracts for comsmrosals
1.15 The Architect mall provide a preliminary nilua-
15 CONSTRUCTION PHASCADMINISTRATON
Ann of the program and the Project budget regmemenet
OF THE CONSTRUCTION CONTRACT
arth in terms Of the mM1eq subjen to the IimiW(ions setandto
1.5.1 The COn9mttiin Phase will commence thi1M1 the
nor1.1.M1 in Subparagraph 321.
awaN°lthe Contract for ConstructionandgergeNerwie
TheArchitectsod shall redrew withOneOwner arifterniProject
the Agriemenres obligation to Banc Services under
Agreement,
twe
'e approaches to design and construction of the Pm tent
1
naprovide
whento the
final final
Con
Contractor
1.1.4 Based on the mumall and
is due, o in the a
is due, or in IM1e absence of a Mal Cenifiwte
ce Cen
Prevent budget requirements, the Architect thel pre
prepare,
°f5ub IanthlrCompletionfsuodue ftheWork,whiafter the
Dors
corappmvaltingo by qtr Owner, schematic Design OOmmeng
ver
first.
do
conscalp
tS,3
the and relationshings ip of Protect componecuments nts.
Unless otherwise provided in this Agreement and
1.13 The Architect shall submit to the Ownera
O
Incoporated in the Contract Documents, TM1e Architect
hall
ter Stale-
merit °! Probable Consbuaion Cast e
leM1Conser
provide administration Of the Contract l°rConstruc-
iructio. current
are; volume °r
ion as pet forth below and in the edition Of AIA Docu-
nt A301, Gement Conditions Of the Contract for COn-
M DESIGN DIVELOPMENT PHASE
9truction, current s of the data Of this Agree enl.
1.2.1 Based on the approved Schematic Desi Doom -
15.3 The Architect shall be a ¢presentative Of the
and
meth and anoy adjuslmenls aulM1oriZed by Ute Owner in
Owner during the Construction Phase, and hall advise
IM1e program r Project butlge4 IM1e ArcM1itect a' a"
and consult with IM1e Owner. lnslruaions to the COnUac-
pre-
pare, for Approval by the Owner, Design Development
for sM1all be !°rwaNed lM1rougb IM1e Architect The ArcM1i-
O nt c ii °l drawings and olM1er dow enh
pdecibe
lett shall a Of IM1e Owner
o fix and the sine and oracier of the ort,
(
a ex ent provided
e
m the extent provided in the Contract Documents
t Conti
Roved ase achnattural, structural, mechanical and slap
unless
unl u °r modifiedbyISiwritten instrument in aC
sal OmanAls and such other elements
with Se
°oNanre with Subparagraph 1 i1fi.
as may
be appupriate.
1.5.4 The Architect shall visit the site At intervals
1.2.2 The Architect shall submit to the Owner a further
ap-
Ormnale to the stage of construction or as aberwise
Statement of Probable Construction Cost.
greed by the Architect in writing to become generally
familiar with the progress and quality Of the Work and to
13 CONSTRUCTION DOCUMENTS PHASE
determine in general if the Work is proceeding in accord -
1.3.1 Based on IM1e approved Design Development Doc-
°ewith the Contract Documents. However Np Archi -
IA
and any further adjustments in the scope or Pull-
Actsball not be required to make exhausli, o corn
rquan-
try of the Project Or in The Project budget Informed by
;iouous on-site inspections to check the quality cli
D,
the Dinner, the Architect shall prepare, 1°r approval by
or
ry of the Work. On the basis of such on -sit
the Owner Commotion Documents consisting of Draw-
tions as an r hatic5 TM1e Architect shall keep IM Owner
logs and Specifications selling forth In detail the require-
informed Of The progress and quality of the Werk, led
ments for the construction of the Project,
shall endeavor TO guard the Owner against defects and
1.3.2 The Architect shall assist the Owner in IM1e
deficiencies in the Work of the Contractor.
pre
" n of IM1e necessary bidding para-
ry g information, bidding forms,
1.5.5 The Architect shall not have control Or Charge Of
the Conditions °1 the Contract, and IM1e form of Agree-
and hall not be responsible for ruction
const means
n between The Owner and the Contractor.
methods, techniques, sequences
rice °r or for
13.3 The Architect adhoe the Owner Of an adjust-
a
oproection,
Work,safety pre and Programs int connection withlbe
Work,
y
for IM1e acts or omissions °( IM1e Contractor, Sub -
ms nnrardn nsnmss OF ARCHITu s, n�,a.,
173A DOW rose AVENUE,
VlAuchi D.e mA 8141-1977 3
82-179
contractors or any Other persons performing any of the
'ecereassom advisable for the implementation Of the lruent
Work, or for the failure of any of them to curry out the
of IM1e Contract Documents,the Architect will have author-
WeA in accordance with tine Contract Documents.
IF to require special inspection or testing Of the Work in
accordance with the provisions f the Contract Drcu-
1.5.6 The ArcFiten shall at all times have access to IM1e
enb, wbetFer or not such Work be then fabricated, in-
Wookwhemver it is in preparation or progress.
stalkd or completed.
15.7 The Architect shall determine IM1e amounts owing
1.5.13 The Archuect shall Uenvmv and approve or Rite
to the Contractor based on Wservalions at the site and On
other appropriate action upon the Contractor's submittals
evaluations of the Coni Applications (or Payment,
such as Shop Drawings, Product Data and simples, but
and shall issue CertiOcates for Payment in such amounts,
only for conformance with Else design concept of the
as provided In the Contract Documents.
We& and with the information given in the Contract
1.5.8 The issuance of a Certificate for Payment shall
Documents. Such action shall be taken with reasonable
nstitute a representation by the Architect to the Owner,
promptne as to cause no delay. The AchificCs ap-
Dased.on the Architects observationsobservations at the site as pro-
prRal of assspecific Item shall not indicate approval of an
vitled in Subparagraph 1.5 4 and on the data comprising
assembly of which the im n is a component.
the Contractors Application for Payment, that the Work
I.S]4 The Architect shall prepare Change Orders for
has progressed to the point indicated; that, to the best of
the Owner's approval and execution in accordance with
the Architect's knowledge information and beliel,thequal-
the Contract Documents, and shall have authi No order
Iry of the Work is In accardanm with the Contract Di
a r change, In the Work not involving an adjustment
mens !subject t0 an evaluation n the Work for w
the Contract Sum Oran extension of the Contract Time
formance with the Contract Documents upon Substantial
tminor
which are not Inconsistent with the Intent of the Contract
Completion, ro the results 0 any subsequent to
Documents.
goired by or performed under the Contract DOca enis,
or deviations from Ilse Contract Documenb cur-
nduct spections to deter -
1.5.15 The Architect shall coin
reelable prior to completion, and m any specific qualNn-
mine the Dates of Substantial Completion and final com-
densstated In the Certificate for Payment): and IM1at the
pleb , shall receive and forward to the Owner for the
Contractor is entitled to payment in the amount cern fed
Owner a review written warranties and related documents
However, the issuance of Certificate for Payment all
required by the Contract Documents and assembled by
of be a representation that the Architect as made any
Fire Contractor, and shall issue a final Certificate for Pay-
inaeon t0 ascertain how and for what purpose the
menu
Contractor has used Ilse moneys Rid On account Of the
17716 The extent of the duties, responsibilities and hi
Contract Sum.
Rations Of amhonry of the Architect as the Owner's reps -
1.5.9 The Architect shall be the interpreter of the m
reacentative Dunne construction, shall not be modified D
quireenls of the Contract Documents and the judge of
m
Con -
tended without written consent of the Owner, the Com
the performance thereunder by both the Owner andractor
and the Architect.
Contractor. The Architect shall render nterpreUtions nee-
L6PROJECT REPRESENTATION BEYOND BASIC SERVICE
weary for the proper execution or progress of the Work
with reasonable promptness On written request Of either
16] 11 IM1e Owner and Architect agree that more an -
the Owner or Contrai and shall render written de-
pensive representation at the site than is described in
within a reasonable time, on all claims, dlspmes
Paragraph 1.5 shall be provided, the Architect shall pro -
and other matters in question between the Owner and the
more Project Representatives to assist We
vide one orep
Contractor relating to the execution Or progress of the
Architect'n carrying; out such responsibilities at the site.
Work orB a interpretation of the Contract Documents,
1.6.1 Such Project Representatives shall be selected, am -
13.10 Intarpretations and dectmonsof therArchitect shall
played and directed by the Architect, and the Architect
be consistent with the intent of and reasonably inferable
shall be compensated therefor as mutually agreed be -
from the Contract Documents and shall be in written or
(ween Ne Owner and the Architect as set forth in an ex -
graphic form. In the capacity of interpreter and judge,
hibit oppendM to this Agreement, which shall describe
the Architect shall endeavor to secure faithful perform-
ed sd imitations of authority of
areas by both the Owner and Fire Contractor, shall n t
Pro Representatives.
jeep
show panialiry to either, and shall not be liable for the
1.6.3 Through IM1e observations by such Project Repre-
result ofany interpretation or derision rendered in good
senteirles, the Architect shall endeavor to provide further
faith in such capacity.
protection for the Owner against defect; and deficiencies
1.5.11 The Arcliiteces decisions in matters relating ro
in One Work, but the furnishing of such prejectrepresenR-
adistic effect shall be final if consistent with the intent of
tam shall not modify the rights, responsibilities a, oblige -
the Contract Documents. The Architects decisions on
cues of the Archiect as desmbed in Paragraph 15.
any other claims, disputes or other matters,including
1,1 ADDITIONAL SERVIC ES
those in question between the Owner and the Conlraoor,
The following Services are not included in Basic
shall he subject to arbitration as provided in this Agree-
Services unless on idemfietl in Article 15. They shall
ment and in the Contra Document.
be provided if authorized or confirmed in writing by
1.5.13 The Architect shall have authority to reject Work
the Owner, and they shall be paid for by the Owner
which doesconimm to the Contract Documents.
norcoolant
s provided in this Agreement, In addition to the
Whenever, iA¢hited's emprable Opinion, It a
compensation for Basic Services.
Ads mmui 9141 ' OYrTYw
ARCHITECT ANAREEMENT . THILVEON1111 EDITION. JULY 197,7 - AND .Olm
4 $141-1977 THE AMERICAN memmr Or
MennECR, rias NEW YERr. AtexuE Her, vuxnx4iOx, D.e mix
82-179
1.7.1 Providing analyst of the owners needs, and pro-
struoion, and furnishing servires as may be required it
governing the requirements Of t6,, Project.connection
with the mynbsemn Of such Work.
m
1.22 SIN iMaaagraphl ifnmmny an other special
1.7.16 Proxi ing sarvice5 made necessary by IM1e defaul
studies.
of the Contractor, Or by major defects or deficiencies it
11.3 Providing planning concern, site evaluations, envi-
me Work of the Contractor, or by failure of pedomiana
rommumal studies or comparative studies of propective
of either he Owner or Contractor under the Contract to
Music and preparing special surveys, studies and submit-
Con4rudiONE
requirtd for approval$ Of governmental authorities
1.7.17 Preparing a set of reprMucible record drawing
or others M1aving jurisdiction over the Project.
service significant changes in the Work made dunnl
1.7A Providing services relative to future facilities, Sys-
onstmnion based n marked up prints, drawings are
and equipment which are nM intended to be inn-
other data fumishetl by the Contractor to the Architect.
strutted during the Construction Phase.
1.7.18 Providing extensive assistance in the utilization Is
1.73 Providing services to imrestmala existing conditions
any equipment or system such as initial narfup or testing
adjusting and
or facilities or to make measured drawings thereof, or t°
bnlurncing, preparation of operation a
maintenance I5, training
°ion.
verily the accuracy of drat ingi or other information fur-
w
personnel pe
during operation.
and maintenance, and ces
Eittetl by the Owner.
1.e after ins
Emerging eefoices after issuance to the Oce
Vb documents of alternate, separateor
e
final
the FlCe Cense for mb or absence °ft
of I
tial bids
bitls orproving extra servires in connection
'final for eat
Certificate far Payment, more than sixty days ahei
h si
wifesequbifid
no negotiation or construction Phar b the
rtohe
ate
the Dam of 5ub9antial Completion OF the Work.
co ray
completion
etio Construction
Construction Documents Phase, when
requested by the O.vner.
quested the
1.730 Preparing expert wines:
wth any an
in public hearing. pro
afor
1.7J Providing coordination of Work performed by
ceedng or legal proceeding.
separate contractors or by the Owner's own forces.
1.7.21 Providing se of consultants other Thar
1.7.8 Providing services in connection with the work of
the normal architectural, structural, mechanical and ¢lee
construction manager or separate consultants retained
✓ engineering
ical services for the Project.
bytheOw
1.222 Providing any other services not otherwise in
1.7.95 °e L'��1� m�y.a4Cogi .asr.
cluded in this Agreement or not customarily furnished it
'4 a -- - - -
.
accordance with generally accepted a¢hueclural practiceof
Ni Whomwe an t
14 TIME
1.7.10 Providing interior design and other similar ser-
1'8'1 The Architect shall perform Basic and Additional
viness required for or in connection with the
Services as expeffiliously as is consistent with professional
selection,
procurement or installation of furniture, furnishings and
kill and care and the orderly progress Of the Work, Upon
related equipment.
request of the Owner, the Archroct shall submit for the
Owner's approval a schedule for the performance of the
1.7,11 Providing Interco for planning tenant or rental
Architect's services which shall be adjusted as required M
spaces
the Project yous i, and shall Include allowances for perm
1.7.12 Making even mn Drawings, Specifications or
s
ods of time required for the Owneh review and approval
other documents when such reviii n are inconsistent
only
of submissions and for approvals of authorities having
with written pprovah °r instudionispare
giveot
prediction over the Project, This schedule, when appmred
re required by the emctmem or revision °f codes, laws
Owner, shall nm, except for reawnable cause, be
regulations subsequent e preparation of such dot-
Nt-
xtore nd
eseetl
by the Architect
vorents or are due To Other causes not Wldy within the
oval of the Architect
ARTICLE 2
1.7.13 Preparing Drawings, Specifications and supporting
THE OWNER'S RESPONSIBILITIES
data and providing other services in connection with
Change Orders to the "tent that the adjustment in the
2l The Owner shall provide full information regarding
Basic Compensation resulting from The adjusted Con-
requirements for THE Project Including a program, which
action Over is not commensurate with the services
shall set fort the Owneri design Objectives, mnstramis
quiretl of the Architect, provided such Change Orders are
and criteria, including space requirements and all
required by causes not solely within the control of The
ships, flexibility and expandability, special equipment and
Archilett,
systems and site requirements.
11]4 Making investigations, surveys, valuations, coven-
22 if the Owner provides a budget for IM1e Project it
tortes or detailed appraisals of existing facilities, and al
shall Include contingencies for bidding changes in the
es required in connection with construction performed
Work during construction, and other costs which are the
by the Owner
frominsdinfluse of the Owner, including those described in
this Article 2 and in Subparagraph 31.2. The Owner shall,
11.19 Providing consultation concoming replacement of
al the request W IM1e Architect, provide a statement of
any Work damaged by fire or other cause during can-
funds available for the Project, and their source.
THE WEview INSTn11Te OF AMMUCR an new very AWDUEu
xw., Wnexixm°x, °e inn 8141-1922 S
fit -179
3.3 ma Owner shall designate, when necessary, a rep
smelts authorized in act in the Ownet's behalf with
respect to Ne Project. The Owner or such autM1onzed
representative shall ermine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
Ne Architect's services.
3A The Owner Fair furnish a legal description and a
ert0led land survey a the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin-
ing prepery; rightvorway, restrictions, ronsbounmens, en
achme zoning, dead renc, dad
and
Contours of the sea, loodions, dimensions and complete
data Featuring to Causing buildings, other improvements
and free&;and full information conaming available new -
ice utility lines both public and private, above and
Wow grade, including 'm car s and depNs.
25 The Owner shall furnish the Minutes
of sail engi-
eor other Consultants when such servies are deemed
crosUJ by the Architect. Such services shall include tat
bori ags,test pits soil bearing values, percolation to air
and water pollmic n tests, ground corrosjon and resChmity,
tests, including necessary operations for determining sub -
sell, air and water conditions, with reports and apprrptl-
ate Vmfessional recommendations.
3b The Owner shall furnish structural, mechurea,
chemical and other laboratory tests, inspections and re
pare as required by law Or the Contact Documents.
2.7 The Owner shall furnish all legal,accountingandin-
cnseling services as may be necessary at any
time for the Project, including such auditing seraces
the Owner may require to verify the Contractors Applicas
HOLY for Payment or to ascertain haw or for what p -
posehalfof the Owna for uses the moneys paid by or on be -
3A The services formation, surveys and reports
lu to d b at NParagraphs
o nets e 2.4 xpense,
2.7 Inclusive shall be
be entitled to tel and the Architect shall
y upon the accuracy and completeness
thereof.
signed, specified, selected or specially provided for by
menrchbect.
3.13 COnstnmtion Cost does not include the c -
salion of the Architect and the A¢M1itecol con ultants,
the cost of the land, rightsaf-way, or other corp which
re the responsibility of the Owner w provided in Arti-
cle in
3.3 RESPONSIRIIT FOR CON4 UO ION O
321 Evaluations of the Owners Project
mems of Probable Construction Cost
not vary
other cost
tai.
323 NO
shed as a
ingentrues; for
design, bidding aW press escalation to OR
termine what materials, equipment, Component systems
and types of Construction are to be included in the Con-
tract Documents, to make renconable adjustments in the
occurring
29 If the Owner observes or otherwise becomes aware
3.2.3 If the Bidding or Negotiation Phase has not core -
of any fault or defecr'in the Project or nonconformance
mereal within Nude months alter the Architect submits
with she Contract Documents, prompt written notice
the Construction Documents to the Owner,any Project
thereof shall be given by the Owner to the Arci irecU
budget or fixed limit of Construction Cost shall be ad
2.10 The Owner shall furnish required information and
to reBecr any change in the generallevelof prices
services and shall render approvals and decisions as ex-
in
n the construction Industry between the date of submis-
pet itiously as necessary for the orderly progress of the
sin of the Construction Documents t0 the Owner and
Architect's samcus and of the Work.
the date on which proposals are sought
3.3.4 If a Project budget or Fixed limit of Construction
ARTICM 3
Cost (adjusted as Provided in Subparagraph 31.3) is ex-
ceeded by Ne lowest bona fide bid o o-
negotiated pr
pool, the Owner shall (1) give written approval of an
3.1 MEINmOx
increase insuch fixed limit IA autbo sae rebidding or re -
negotiating of the Project within a reasonable time, (3) if
3.1.1 The Construction Cost shall be the total cast or
the Project is abandoned, terminate in accordance with
mated cost the Owner of all elements of the Project
estimade caner
101, or (4) Cooperate revising the Project
or scenfetl Arcll en,
designedpe
Paragraph
and quality as required to reduce Ne Construction
3.1.3 The Construction Cost shall include at current
Cost In the ase Of(4),prwidedafixed limirofConsrruc-
marketrates, including a reawnable allowance for over
tion Cost has been established as a condition ofthin Agree -
head and profit the cost of labor and materials furnished
ment, the Archii without additional charge, shall mod.
by the Owner and any equipment which has been de-
ify the Drawings and 3pecifiations as Feel to comply
6 8141-19D Mak DOCUMENT MAI - 0i
ARCHITTE(TwGREENIFIT - JULY lips . AIDE C®rte
"UN,
THE AMERwa Iwmm� or
AeprttcTS, soy MAY roR AVEnu( wu VECTION, Dch
W-1]9
wile the fixed limit The providing of such service shall be
he emir of the Armnecrs responsibility arising from the
atab0ahment of such fixed limit, and having done so, the
AmN ecr shall be entitled to compensation for art services
Penormed, in accordance with this Agreement, whether
or not Ne Construction Phase is commenced.
DIRECT PERSONNEL EXPENSE
4.1 DirectPersonnelExpenseisdeanedasthedirectral-
acesof all the Architect's personnel engaged on the Pmj-
t, and the pen of the cit of mei, mandatory and
customary conbtbutions and 6emigh elated thereto, such
as emPoym
lentaxe and other statutory aemployee bene -
Ns, insurance ai& leave, holidays, tions, pensions
and similar contributions and benefits.
ARTICLE 5 -
REIMBURSABLE EXPENSES
5.1 Reimbursable bma nses are to addiction to the Com.
pemation for Basic and Additional 5emices and include
actual «penditures made by the Architect and the ArcM1l-
tect'S employees and consultants in the interest of she
ProjM for be expenses listed in the following Sub-
paragraphs:
5.1.1 Expense of Harepor ion in connection with the
Project; Irving Expenses connection wh out -off -town
Hei long for
ding appmvatal of eaumodtlea having juce communications, &INrisdiction
I paidover
the Project. 8luirsdidion
5.1.2 Expense of reproductions, Postage and handling of
Drawings, Specifications and other documents, excluding
Aproduc ions for theoffice use of the Architect and the
]3Expense
1 se
f data processing and photographic out
duction techniques when used in connection with Addt-
alSery
5.1.4 If authorized in advance by me Owner, expense Of
overtime work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mockups re-
quested by the Owner.
5.1.6 Expense Of any additional in coverage or
limits, including Pro@suonal liability insurance
by the Owner in excess Of that normally carried by me
Architect and the Architect's consultants.
ARTICLE b
lioneded through no fault of the Architect, compec
n
for
any Basic Seri regmred for such extended
cerroa of Administration of the Construction Contract
shall be computed as sit forth in Paragraph 14.4 for Aci
tional Services.
ILIA When compensation is bash on a percentage of
dfeted o olh iOn cast, and any t constructed, ions of the compensation foect r
such portions of the Project shall be payable to the extent
r performed on such portions, in accordance
with the:medule set forth in Subparagraph 1411, based
on (1) the lowest bona fide bid of negotiated proposal or,
Of if no such bid or proposal is received, the most recant
Statement of Probable Construction Cost or Detailed Oti-
mate of Construction Cost for such portions of the Project.
6.2 PAVMENTSONACCOUNTOF
UUITIONAL gRWC6
6.2.1 Payments On account of the ArchitM's Additional
Services as defined in Paragraph 17 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon
hunde red preset lexpensesation of incurred Architect's statement of services
6.3 PAYMENTS WRHHELD
6.3.1 No deductions shall be made from The A¢nignit
compensation on account of penalty, liquidated damages
or other sums withheld from Payments to contractors, or
on account of the cost of changes in the Work other than
Here for which she A¢brmcl is held legally liable.
G4 PROXCT SIr5PENSION OR ifl1MINATRON
OF If the Project IN suspended or abandoned in whole
bor in e compensatedt for more than three months, the Askited shall
to
of written notice from the rcuo Ownerrfoof suchPsuo'ension or
abandonment, together with Reimbursable Expenses
ten
due and an Terme aeon Ex proses men
10.4. If IM1e Project is resumed after being rn endedParagrfor
r than three months, the Arcntrmg compensation for
shall be equitably adjusted. Pe^cation
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Zl Records Of Reimbursable Expenses and expenses per-
t
aintng Ip Additional Services and services performed on
I
ed bash of a Multiple of Direct Personnel Expense shall
IF,!
kept on tM1e basis Of geneally accepted accounting
principles and shall be available to the Owner or The
Owners authorized representative at mutually convenient
PAYMENTS TO THE ARCHITECT
ARTICLE R
bt PAVMENT50NA<COUNi Oi BA51[SE0.VILiS_
OWNERSHIP AND USE OF DOCUMENTS
IFa
0.1 Orawininstruments OI serv-
Subsequent }� for Basin es shall be
and hall remain theroprop of Architect
me shat betI
made monthly and shall be to proportion to services per-
n 10
whether IM1e Project for they are e i
I eY are made is exemlM
formed within e4. Phase of services, on the basis set
or nor. The Owner shall be permitted to retain coprefi in-
form inArticleand
dto
boding reproducible copies, of and Spedfoae
reference in conn
tions for information oc ahacyfthin connection with the
est3Ifairo to
the Contract Time initially
Owneauseaneompanry of theProtect.iytThe Drawings
Contract for Co
esrablified in IM1e Contact for Construction is «reeded
and Specifications shall I be used by the Owner on
Ack *
61a vharrv,eU141 or ARgIn.Ali 17M NEWENT rory AVENUE, Has,
wAsmnnmN, DC Amin nan3n 7
direr prolMs,for additions to this Projen,orforwmple
-
mn of this Project by others provided the Architect is not
default under this Agree except by agreement in
writing and with appropriate compensation to the Arent-
fact
Submission or distribution to meet officials gulai
requirerequirements,rpses
s, or for other puorection with the
Project is not to be construed as publication in derruffon
of the Architect's tights.
ARTICLE 9
ARBITRATION See Aititle 16.
mtes and other matters in question
any
9.2
Or Other matter in question has arisen. In no event shall
the demand for arbitration be made after the date when
institution f legal orequitable proceedings based on
such claim, dispute othern question would be
bawd by the apphoblex mute of limitations.
93 The award rendered by the arbitrators shall be final,
and judgmm't may be entered upon it in accordance wife
applicable law in any Court having jurisdiction thereof.
10.4 Termination Expemes include expenses directly at.
tribuotFee cor ttwTo termination fowhich the Architect s not
mpensated, p [computed as
Percentage of the total Basic and Additional Compeme-
for earned to the time of termination, as follows:
.1 20 percent if termination actin during fire Schi
mabc Dealer Phase; or
.2 10 percent if ermination occurs during fire Design
Development Phase: or
3 S Percent if termination occurs during any mb e-
quent phase.
ARTICLE ll
MISCELLANEOUS PROVISIONS
111 Unless otherwise speofed, this Agreement shall be
the Archdt by the law of the principal place of business of
11: Terms in liusAformementshall have lite same mean-
ing as thus n AIA Document A20h General Conditions
tmctron,
of the Contract for CotruCurrent as of the date
of this Agre
e
11.3 As between the parties to this Agreement as to all
acts or failures to act by either party of this Agreement,
any applicable statute of limitations shall Commence to
and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the rele-
vant Date of Substantial Completion of the Work, and as
To any acts or Edrures to act occurring after the relevant
Date of Substantial Completion, not later than the date of
issuance of thfinal Certificate for Payment
1A The Owner and the Architect water, all eigh6
against each other and against the contractors, coni
acts,
sult-
ants, agents and employees of the other for damages cov-
ered by any property insurance during ConsWCtion as not
forth in the Turnor of AIA Document A201 General Con-
diffons, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar Matters from their Contractors, consultants and
agents,
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and Me Architect, respectively, bind
themselves, their Partners, successors,signs and legal
ARTICLE 10 representatives to the other pMto his Agreemem and
to the Partners, successors, cosigns and legal representa-
TERMINATION OF AGREEMENT ives of such other party with request to all covenants of
this Agreement. Neither the Owner nor the Architect shall
fol TosAgornment maybe terminated by either pard assign, sublet or transfer any interest in this Agreement
upon seven DEW written notice should the other May without the written cement of the other.
fail substantially to perform in accordance with Its terms
through no fault of the pard initiating the termination. ARTICLE 13
10.2 The Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT
in Pro event that the Project is permanently abandoned. 131 This Agreement represents the entire and integrated
10.3 In the event of termination not the fault of the Ar agreement between the Owner and the Architect and
chitect, the Architect shall be Compensatetl for all seMres supersedes all prior negotialions,representations oragree-
Performed to termination data, together with Reimbun-enh, rt
either written o oral, This Agreement a
able Expenses then due and all Termination bipenses as mended only by written instrument signed by both
defined in Paragraph 10.4. Owner and Architect.
• B1e1-19)) THE unruwr uanrvrq OF AaunselS, ins NEW War seems, fire, "ASHINCEi oe area
82-179
ARTICLE 14
BASIS OF COMPENSATION -- --
The Owner shall compensate the Architect for the Scope of SeN ces provided, in accordance with Article 6, Payments
to the Audi and the Other Terms and Conditions Of this Agreement, as follows:
14.1 fEv.1 41- P-m19F01 dolFms�
14.2 BASIC COMPENSATION
143.1 FOR BASIC SERVICES, as described In Paragraphs 1.1 through 1.5, and arty other renders included in Article 15
as Pan M Basic Servires, Basic Compensation shall be computed as Wines:
WEN frao NO. sa rnim. imuwns ONT'E Ire"Neworpeew-Up., •.e ieaaurh awr.r rensm yn STI, remr aaEmw.
Lump Sum .$98,900.09
This fee to be adjusted to any change in scope at time of project funding
by City Council.
14.0.1 Where compensation is based On a Stipulated Sum or Perwntage of Construction Cost, payments for Basic
SerNces shall be made as orwided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages Of the bhl Basic Compensation payable:
Schematic Design Phase: (Phase I)
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Commucron Phase:
Fi fteen
percentd5
XI '
Ti
FUetpYy
percent
Is
pent PU
X1
rent
XI
Then%ty
FF�E
0
One 8un�III
cen o
14.3 FFOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation ban
V cga n 9otiated I, accordance
with subparagraph 1.6.2. See attached Form B352.
THE uN TNTmU or uwn[Em. IM Now HERE AVENUE Ixay., w.,suuNEI 0.e mR 9141-157' s
82-1]9
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 MR ADDITIONAL SERVICES Of THE ARCHITECT, as described in Paragraph 1.7, and any other services in-
cluded in Artide 15 as part of Additional Services, but including Additional Services of consultants, Compen-
- imon shall be computed as fellows:
;,,I ANN N.Paroase, NaePsnn :unconmsvryaaarm 'v v^Wr11rvo.vmwnope0� a,mgenmgvnryrvl
Principals' and employees' time at a multiple of t1+o and three-quarters (2.75)
times their 0irett Personnel Expense as defined in -Article 4.
14.0.2 FOR ADDITIONAL SERVICES Of CONSULTANTS, including additional Lucwal, mecbaniul aad sl iul
engineering arvices and Mose provided under Subparagraph 1 7 21 Or identified in Article 15 as part ofAddi-
GondServiar,amultiple Ol one and one-tenth 11.1 l times the amounts billed
O the Architect ler such service.
ne,mnv Armi marm orawasen r Arda,s. 11 apil
14.5 FOR REIMBURSABLE D PENSES, as described in Article 5, and any other items included in Article 15 as Reim
burnable expenses, tec. the Anetwns employees and consultants in the interest of the Projecnses amupiple of lie 1 1.0 1 times the amounts ex-
pended by he Archlt. tit
14.6 Payments due the Architect and unpaid under this Agreement shall bear interni from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal proven of
business of the Arrhitecr. eighteen per cent (18%) -per annum on billings
•nmr,.m,. ,,, ,w.+ unpaid Imre than 30 days.
oral'«' Ma nw.:°r �r'.'M're. Ad;7r`w m��n r�ew`ai r.r, Par
to" ease Ap scarab Asia provivis so metre, w AN, "i orh , .11sn aerowns Ir .1,rio
14.7. The Owner and the Architect agree in accordance with the Terms and Conditions of Agreement that
14.7.1 IF THE SCOPE of the Project or of Architect's Services in changed naturally, the amounts of Oomperandon
shall be equitably adjusted.
14.7.2 yIFF THE SERVICES toured by this Agreement have not been completed within tatenty-four
tnbb,pleehs beth M1ethe teo fiat t rough no fajltly of the Atect, rchithe amounts of compensation, rates and
10 B141-1977 hit AMERINAN inanrute ei ARKN 1735 nm YARK AWME, x.w., wuxmcTOx, D.C. moa
82-179
ARTICLE 15 ...
OTHER CONDITIONS OR SERVICES
15.1 Phase I of the Architect's Basic Services will include those described
in 1.1, Schematic Design Phase, and the following items:
15.1.1 Study feasibility of forward extension of the existing Fire Station
truck bays.
15.1.2 Provide space for Joint communication possibilities and possible future
911. Owner will specify and bid communication equipment separately.
15.1.3 Architect will adapt program provided by Owner to new project.
15.1.4 Architect will provide estimated construction cost and estimated annual
cast of heat and lighting as part of Phase I basic services.
15.1.5 Architect will provide Owner with a set of Mylar reproduclbles of
Phase I Drawings.
15.1.6 At the conclusion of Phase I. the project will be presented to the
Bangor City Council for bond issue funding.
15.2 When authorized by the Owner, the Architect will proceed with Phase 11
consisting of Design Development Phase, Construction Documents Phase,
Bidding or Negotiation Phase and provision of one set of mylar reproducibies
of bidding documents.
15.3 Modify Article 9 so that: All claims. disputes and other matters in
question between the parties arising out of or relating to this agreement
will be decided by arbitration under Article 9 if the parties hereto.
mutually agree, or in a court of competent jurisdiction within the State
of Maine.
M_1 Yj nrsnnre OF A[111 c 5, mss NEW YORK AWWC rvw.,
w.w1x 01, u.c XdFFI
01414977
11
This Agreement entered into as of the day and year first written above.
OWNER CITY OF BANGOR ARCHITECT ALONZO J. HARRIMAN
es
12 9141-197FN nnurt u
a1-197/ EEE EFORIeAmOF exn[Cttm
, ENEW FORK AVENUE, nw., WASNLY ��ON �O � 6 OW
82-179
ei
This Agreement entered into as of the day and year first written above.
OWNER CITY OF BANGOR ARCHITECT ALONZO J. HARRIMAN
es
12 9141-197FN nnurt u
a1-197/ EEE EFORIeAmOF exn[Cttm
, ENEW FORK AVENUE, nw., WASNLY ��ON �O � 6 OW
82-179
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF THE ARCHITECT'S PROJECT REPRESENTATIVE
AM DOCUMENT 9353
:.,........,ere:a an onto• :`.n a:..'-amtoe:: .men Repre:enunl km,aloied
L GENERAL
1.1 The Architect and :he A:Iif Protect actions,
Ford to act on mI of Cited: 0111
Move
the career pon:see in m i graft do rits:7
me iostC part The : Repre:era -halt
Centel lith tine n n'alsnand OP.
Pm;ec:R^p
appropriate
mall Ca m MOnesai:h the Ownerohmush
tras dirtieby the Architect and hall n On'mu
is wish Subcontractors unl s aumodaae by rte can
OR
and me Ant
2 DUTIES AND RESPONSIBILITIES
2.1 Oheem the progress and qualm, of dm work as Is
e onably necessary at that sues of cw'trvcdon to c
le
ural that it is.oce log n accordance "Th
tote Coni xaf Contractor. Nobly the Anolu t :mmedately
it, in the Pnjva Replegentat,itb opinmq Mork doer not
conform o the Con ct Documents Or requires special
inspection Or WAIM, rte '
2,2 Monitor the con9mctmn schedule antl report to he
Architect Conditions which may Ouse delay in campie
I3Ro' w Contract Dictionary with the Countermen
superintendent Obtain necessary to the Contractor.
interpretations from Ibe
Aritect and tr ont
2.4 Consider he Contactors suggestions and remm
menuourns O,a1mue them and submit them, with Modern
mendaums: he the
7.!1 Attend mtngscas directed rby1he Arcbhet and
repoto the Attitudes on The Ponce ing5.
s,6 Oburve tests mquiire ±byline Contacts Documents.
Record w and uponapplicable,
to the results VeNCt rify testing tm'am
es
and, whet pp linable,
2. be pale by me order.
3P Maintainmanner
records at the construction site Df Fe-
daily
re
menu ,Chat. Orders CE correspondence, ages AUt Doe -
mange s 5mi. Caeettatot Choose Amt::aa'
adds, Arc` ecG Supplemental Instructions .:.Sans ti
eShap Dm.mgs, Product Dau.Sample,..
pyemet dia-:nlar schedule' rquelis :of
aumnnt,and
oamuaaneaiscomatars. sob
confoand amatrilope
2.8 Keep a diary Or lag book recording the Project Rep-
Industries
Fkoeto the Project,
eather conditions hd a ,ries Ond Ioon of tra auk being
performed ,A li tn
rot and Interrogations given :o
the Conmcm,, and specof¢observaform. Record anv ore
w'oh met might result in a Claim for a change
in ,Cote Lr Sum or Contract Time. Maintain a list of
vaimt, their otled, and time and purpose of heir cera.
2L9 Assist the Architect in redersims Shop a Drawings.
ProductProductData
heand
\ orkrrpqu ring Notify
Si ORE O aw n8L Aif sly
rchitect
product
Prs2an
Data Or Sample. iscamid n d beforesuch subwivals
late been ve
approdb. the ischomm. arcane and log
ncb are required m be ire Wished or the
when
recordone Architect :Fhe Arch eC 5 apprm'a o .. e N o . Icn-
.ndv proved Samples
1.ca
10 Obsess apthe Contractors Record Davmgs At I
ery gnosticism to the stage or construction and nota,
rte inchect f any apparent Failure by tote Con:raCor to
up loam records.
maintain.1 ReAew Apprcatrone for Payment submitted by the
Con oand for,and them
to me Archi:enwahrecom
namns for eiiuon.
E -
Review :he list of items to be completed or
c-
e:etl Which 6 m mdlae by the Contractor For a
of a Centikale of Substantial Comple-
f` mine`w and a he rte: is accurate. onward
it o me Arthnect nal duposi000:1 if not so a0
oe Architect. and emm the list : he Contractor to,
orre2.13cRaniew and report or the A,Chhect on conditions Of
(rte parhons of the Project being occupied or utilized by
Operate Owner or Opete contract rs, to minimize the pt.
ability Of cloor s:or damages.
2,14 Assist the Architect in final inspection of the Work
Receive from the Contractor and prepare o transmittal
O the Owner the documentation he Contractor m
cubed to (Finnish at the completion of the Work.
3. LIMITATIONS OF AUiHOR1TY
The Project Repauntative mall NOT:
3.1 Autnodze devfaiomm from the Contract Documents.
3.2 Approve most rate maredalz o: eWipmem except as
motorized in writing by he Arch1¢t.
13 Personally Conduct of Participate In Or Forda
parry Inspections except as ulnaezed in w ting by the
Architect.
3.4 Assume any of the responsibilities of the Contractors
ander or of SWuamaao,s.
3.5 a Expedite the \vok for the Contractor.
3.6 Ad, ge on, or ague directions mncemins aspects of
aoedetaomethods. ecnnmam, squences o
client COMMuoaa and programs In ren-
mention
with the Work.
3.elect in whole ter, suggest that the Owner Occupy the
pan.
3.6 Issue a Caddcate f0, Payment or Certificate of Sub-
Iial Completion.
3Prepare 0, certify to he preparation of Record Orart
i3.10 Reject Work or equire special inspection Or testing
shpt a authorized in writing by the MCmuCL
3.11 Order the Connor to stop the Work Or any por-
a on thel .
THE "tR¢ , `F Of aaexntax 1715 nay rang Ave, rale., wMand es" 0 aaoeB353—t9]9
tt -