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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 54�5 +' 011'D E R Tiile C y Clerk �. mraga k 'f1R t C CIiV C.tdt A thos3 City -. .. ..................... ....... y - the $fk pad'Ag ft k ndtti Aimee J. Harriman A t .InPi I wry"Deelg' O*f Pablsc n iIN - n `. Safety Building Iv oda d filedby i � L t" Councilmen a n . icy. Lp o. In Id 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 -