HomeMy WebLinkAbout1983-02-14 83-98 ORDER83-98
Introduced by Councilor Soucy, February 14, 1983
CITY OF BANGOR
(TITLE.) (Driter, _Authorizing.,Emeantion of Architectural Agreement --
P.uLlac Safety-.Huilding(.Pol.ice... Station. Addition _._-
By Ge sty ComncB o%the aty of Batter:
ORDERED, _
THAT the City Manager is hereby authorized and. directed, an
behalf of the City of Bangof, to execute an Agreement, a copy of
which is on file in the office of the City Clerk, with Alonzo J.
Harriman Associates, Inc., Auburn, Maine, for purposes of providing
architectural services for the design of the Public Safety Building/
Police Station Addition to the existing Fire Station on Main
Street.
In City Council February 14,1983
Indefinitely postponed
Title,
AArchitectural
Agreement Publio Safety Building Police
......................................
Station Addition
Introducedand l by
.. _.... ..v ...... n
C ilman
OWNER'S COPY
THE AMERICAN INSTITUTE OF ARCHITECTS 83-98
is
AIADommem Bt4t
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMYORrANT LEGAL CONSEQUENCES) CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPUF FOW OR MODIFICATION
AGREEMENT
made as of the Fifteenth day of November in the year of Nineteen
Hundred and Eighty -taro
BETWEEN the Owner:
City of
Bangor
and the Architect.
Alonzo J.
Harriman
Associates,
Inc.,
Auburn,
Maine
For the following Project: Public Safety Building/Police Station Addition
nncwee deeaed d ..nPum a PmtM baGun .nd safeJ
The Owner and the Architect agree as set forth below
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ASCICIE tts
to previous Statements of Probable Construction
Cost indicated w changes m requirements or general
ARCMTERS SERVICES AND RESPONSIWLITIES
market conditions.
BASIC SERVICES See Paragraph 15.1
13.4 The Architect shall assiII the Owner in connection
The ArchitaRs Basic Servicest
of the five
with the Owners responsidiiy for filing documents re-
pases described in P+ngrapis l] through 1.5 and
quired for the approval of governmental authorities haw
include normal Structural, mechanical and electrical
one jurisdiction over the Project.
engineeringservlres and arty other servit2z included
lg BIDDING OR NLCATIATION PHASE
in Anicle 15 as pain of Basic Service,
tA.1 The Architect, following the Owners approval of
13 SOIaMATIC DESIGN PRAY
the Construction Documents and of the latest Statement
1.1.1 The Architect shall review the program famished
of Probable Construction Cost, shall assist the Owner in
by the Owner to aecenain life requirements of the Pmjed
obtaining bids or negotiated proposals, and ea id in
and shall rev w, the understanding of such requirements
awarding and preparing contracts for construction.
ens the Owner.
15 CONSTRUCTION PHASE—ADMINISTRATION
1.1.3 The Architect shall provide a preliminary evalua-O
THE CONSTRUCTION CONIMR
tion of the program and the Project budget requirements,
15.1 The Construction Phase will commence with the
each in terms of the other, subject to the limitations set
and of the Contract for Construction and, together with
forth in Subparagraph 321
the Architect's obligation to provide Basic Services under
11.3 The Architect shall review with Ne Owner alterna-
this Agreement will terminate when final payment to the
five approaches ro design and construction of the Project
Contractor Is due, or in the absence of a final Certificate
1.1.4 Used on the mutually agreed upon program and
for Payment or of such due dace, Lary days after the Date
Project budget requirements, the Architect shol prepare,
of Substantial Completion of the Work, whichever occurs
for approval by the Owner, Schematic Design Document
out
ing of drawings and other documents illustrating
1.5.3 Unless otherwise provided in this Agree and
theLose and relationship of Project components.
incorporated in she Contract Documents, the Architect
1.15 The Architect shall submit to the Owner a State-
shall provide administration of the Contract for Construe -
asset Probable Construction Cost based on current
he, as set fort below and in the edition of AIA Docu-
a a vowme r other unitcasts.
'function,
ent AZBt, General Conditions of the Contract for Con -
current as of the data of this Agreement
1.3 DESIGN DEVELOPMENT PHASE
183 The Architect shall be a representative of the
1 21 Based on Me approved Schematic DesignConstructioncu-
Owner during the Construction Pha , and shall advise
ears and any adjustment arch rnzed by the Owner
and consult with the Owner. Wshowbons W the Con rac.
the program or Project budget, the Architect shall pre-
lot shalf be forvardd through the Architect The Ari
for
m tfdrawingsn Design
fact shalf have authority m act on behalf of the Owner
and mM1eDevelopment
Oose,
Documents r document
only to the extent u
to Lx and casaibe the size andhmMr of the entire
onovied y dM1 instrumentact nt in
otherwiseraised by tun s
unlesssce
Project as to arthifecturd,smtlurat mdsanical and elect
hubs
co dances Subparagraph lit
Local systems, maxi and such other elements as may
15A The shall vii iM1e site at intervals ay
Ar the
be appropnafe.
o iM1e Dint me nor as aM1enw
the seta
propriate t stage ire
tyo
1R3 The Architect shall submit W the Owner a further
greed the writing become generally
Cons Con,
ofUCTION
Sta1.3
a progrct
with the progress iM1e Wan and to
CONSTRment Eu P
CTION
l.3 COxSIRUOION DONmENR PHASE
Work isnd
prof
dee n t gContrctD accri
determine isprottaner, in <mrd -
rins in
cumek
with The Contract Document Howevep ilio
t3.1 Based on the approved Desi Development Doc-
gi Ppe
Iecrershall not r win-
required to make or can-
o
ard any further adjustments in the scope or dual-
quality
rinuof on-site un line quahry or qpm
fry of the Project in the Project budget by
such
of she Work. On the basis of such
k. On the basis
the Owner, Architect f r approval
Auction shall prepare, for approval by
Owner
to the A shall keep Owner
s as an keep the
on Documents of Draw-
iM1e Construction
f the pro and V
reformed of the progress and qui TM1e WoA, and
o octal the
UnitandSpecifications axing
and Sp
of detail the require-
Owner ai
shall endeavor to guardWork the Owner actor. defects and
the
is for the c of the Protect
in
deficienciesn she Work of the Contractor.
the Owner in the prepna-
tm, The Architect bid
Architect shall not have control charge of
bidding forms,
th bidding fnfoema
l the necons
and shall not for construction means,
and not ti s,
the and TM1e form DI Agree-
iM1e Conditions of the form of
and
ods, iq s, sequences
techniques, sequences or procedures, or for
mety
er the
m between n the Own and the Con radar.
he
pr the
prew and pmgtam wf,M1 the
13.3 Thp Aechnen shall advise iM1e Owner of any adjure
WDA, for sM1e rues or emissions of iM1e Connector, Sub -
We&
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82-179
1--
contractors or any other pawns performing any of the
nexssan'o, advisable m, the implementation of intent
work, Be the Esta Of any Of them m Cony out the
Documents,thenrchilect will have autho
of the Contra r-
or
Ali accordance with the Contra Documents.
its to
require special mspedJoe or testing of the Work i13.6s
accordance Te the p Eons of the Contract Oacu-
lSThe Architect shall at all times have access to the
agents, whether or not such Work be then fabricated, in-
WOrk wherever It Is in preparation or pmgresz.
stilled or completed.
1h7 The Architect shall determine de amounts awing
1.5.13 The Architect shall arviety and approve or aka
to the Contractor based on observations at the site and on
other apporepriaue action upon the Contractors submittals
mluatiom of the Contractors Applications Be Payment,
such as Shop Drawings, Product Data and Samples, but
and shall issue Consultants for Payment in such amounts,
only for conformance with the design con ept of the
as provided in the Contract Documents.
Work and with the Information given n the Contact
t5d The issUnce of a Certificate for Payment shall
Documents Such action shall be taken with reasonable
mnifilute a representation by the Architect W the Owner,
promptness so as to Cause no delay. The Architect's ap.
based on the bchuec's observations at the site as pm-
proval of a specific item shall not indicate approval of an
vided in Subparagraph 1.5.4 and an the data
assembly of which the item is a component.
the Contractors Application for Payment, t sive Wok
1.3.14 The Architect shall prepare Change Orders far
M1as progressed To the prim Indicated; that, to the best of
five Owner's approval and execution in accordance with
me Architect's knowledge, information and belief, traqual-
the Contract Documents, and shall have authority to order
its of the Work is in accordance with the Contract Doa-changes
in the Work not involving an adjustment
ants (suject to an evaluation of the Work for fon-
inhthe Contract Sum anan extension of the Contract Time
Contract with The Contract Documents upon Substantial
which are not inconsistent with the intent of the Contract
Completion, to the re Its of any subsequent tents re-
Documents.
all by or performed under the Contract Documents,
The ArcLi shall conduct inspections la debts-
la minor deviations farm the Contract Documents for-
to
and m any specific quahfka-
an
minetheDatesof5ubsantialCompletionandfnalcom-
arms Su
Ions stated in the Certificate far Paymmp; and that the
pletiore shall receive and forward to the Owner for the
Contractor is entitled to payment in the amount cetlifi 1.
Owners review written warranties and related documents
required by the Contract Documents and asumbled by
However, the issuance of a Cer ifcme for Payment shall
not be a representation that the Architect has made any
the Contractor, and shall issue a final Certificate for Pay -
nation to ascertain how and for what purpose The
more
Contractor has used the moneys paid on account of the
13.16 The exhort of the responsibilities and -
Sum.
rim
Architect rz the Owner's rep -
sof authority of the ArcM1i
The Architect sM1all be sive in of TM1e re-
1.5L9 T
ha
shall not be motliFled or
rounded during rotten
t5.9
is and t
quiremenir of the Contract Documents and the judge of
extended without Coion
chime consent of the Owner, the Can -
+a performance thereunder by both the Owner and
a tee A
Contraction.
The Architect shall render inePreation5 noxi
1.6 PROJECT REPR15eMATION nYOND"SIC 5R"CS
Coal for the proper execution or progress of the Work
1.6.1 If the Owner and Architect agree that m -
win reiwnable promptness on wii[ren request of either
man is descnbed� n
the Owner or the Contractor, and shall render written de-
Pensive rh 1S sena tion at the site
Paragraph 13 shall be provided, the stall proe
cisions within a reasonable time, on all claims, disputes
urveArchs o
vide ono more Prue[ Reprtsentatives Po stair me
wee,
and other matters in question between me Owner and the
Architect incarryingo such responsibilities at the site.
Contractor relating to the execution or progress of the
Work or The IntePreation of the Contract Documents.
1.6.2 Such Project Representatives shall be selected, em-
li Imerpreationsand decisions of the Architect shall
played and directed by the A¢M1itec4 and the Architect
be consistent with the intent of and reasonably inferable
shall be compensated themior as mutually agreed les
from the Contra Documents and shall be in written ar
twren the Owner and the Architect as set forth in an en
Fibit appended to this Agreement, which shall dercribe
graphic form. In the Capacity of Interpreter and judge
ted duties, renprnsibillties and limitations of authority of
the Architect shall endeavor to secure bashful perform-
such Project Representatives.
a by edth tine Owner and the Camnctop shall not
show Permits to either, and shall not be liable for the
1.6.3 Though the observations by such Pmjal Repre-
result of any interpretation or decision rendered in gob
sentati,es, the Architect shall endeavor to provide further
- frith in such Capacity.
protect o , for she Owner against defects and delkieneen
1.5.11 The Architects decisions in matters relatng to
sen-
in the Work, but the furnishing olsuch project reprea
am shall not modify the rights, responsibilities or oblig -
rtistic effectshall he final if consistent with the intent of
tons of be Architect as described in Paragraph 1.5.
the Contract Documents, The Architects decisions on
any Other claims, disputes or other mi including
1.7 ADDITIONAL SERVICR
those In question between the Owner and The Contractor,
The following Services am not included in Basic
shall be subject to arbitration as provided in this Agree,
Services unless so identified in Article 15. They shall
asset and in The Contract Documents.
be provided if authorized or canfirmed in writing by
13.12 The Architect shat have authority, to reject WDA
the Owner, and they shall be paid for by the Owner
which does net conform ro the Contract Documents.
as provided in this Agreement, in addition To the
Whenever, in me Actuators reasonable opinion, it is
Compensation for Banic Services,
4 grill mL removernaanuae a Aecnncta, nate NEW ros AVENUE, HIM,wwinhhhw coy D..C. Cott
12-1]9
1.7.1 Providing analyses ohne Owners neea5, and pro
struction, and furnishing servi¢5 a5 may be required in
gri mm'ng t
j�rue
equ' tt 1 the Project
d-
connection with the replacement d such WDA.
5.71 D
.
ing I rtC asibility o other special
services made neremry the default
Wtl'rcs.
of the
^f the by major detects de
deficiencies
l.)3 Providing planning wrveys, site evaluations, arm-
Work
the work the Contractor, or by failure of performance
of the C n es e
pial Studies comWranve studies of pmspective
or
of Ntner the Owner or Contractor under the Contract far
he
and preparing surveys, studies and submis-
Construction.
dions required for appmvak of govemmenpl authorities
1.7.17 Preparing a set of reproducible record drawings
r odors having jurisdiction over me Project
Showing significant changes in the Work made during
1DA Providin g services relative to future facilities, pyo-
construction, based marked -up pr;nb, drawings and
stmt and equipment whim are not intended m be con-
other data furnished by the Co1 ntmRor to the Architect,
etl during the Construction Phan.
J 1g Providing
g systemsuassistance in the utilization of
anyequipmentaenmrsysem such inionof rl bupor testing,
1.74 rose
VS Pravitling services to inv¢sti8ate existing conditions
ation
preparationne operation
Or facilities or m make mersured drawings tiered, or to
mantingantlbnuals, training operantl
ation
verse the accuracy of drawings or other information fur-.
and maintenance, and conslttion during operation,
p ret n,
nish d by the Owner.
Providing ervi<e5 after he the Prntt
the
sAb preparing documents of alternate, separate or
final
the final Certificatefofor Payment, or a
or in the absence of a
ential or winces in connection
final Payment, more than days after
h
r
or construction prim to the
with b;dil ms, to the
of Sub tan
Data
the Care of Substantial Completion of she Wort
Work
completion
ampletiof the Con mcnon Documents Phase, when
requested by the Owner,
-
1.730 sense serving Preparing to as an expert witness
in connection with any public hearing, arbitration pm-
lJJ Providing rsco iy of Wok performed by
ceedi legal
the
SeWnk contractorscopythe Owneh Own forces.
Pa,
rovidingm rsim;g.
1.7b Providing ss consultants lar ether
1J.g Pravitling services In connection with the worked
the normal ru and elec-
lec-
tl tic I,esfor
a c a or separate consulunfs retained
Orate
on4min
tri a rvi the P, tmechanical
ening
cal engineering se tether the Project.
ravager
by m4PENNIra raph 75.1.
vzn Provimng any aver tenures ria otheNwse m-
l.).y ^"..e.ia '�---• • •_ .-- -19 — -- Per
euaed in this Agreement or not customarily furnished in
1
accordance with generally accepted architectural practice.
6it ED b�
1.g n
1.7.10 Providing interior deiand other similar fur-
19} The Archuen Shan perform Basic and Additional
required for or m connection win int selection,
Services at expeditiously as it consistent with professional
and are and fine, orderly progress; of the work, upon
rep[nremenf or insta amn l furniture, furnishings and
oniu
of ect sperfohall or the
land equipment
Owners appquest
eo al a schedule for the rm performance a Me
U.11 Providing services for planning tenant or moral
Arcdrictis urvicas which Shall be adjusted as r quirad as
spaces.
Ne Project protteds,and shall include a0owancer for peri-
lA]gMaking res
revisions n Drawings s, Specifications or
ods oftime required for the Owners review and approval
Other documents when such remsi n inconsistent
of submissions and for approvals f authorities having
Iuriv,Ction Over the project This schedule, when appmeed
with written approvals Or instructions previously given,
by she Christ, Shall not, mrept for reasonable cease, be
rerequired by the enactment or revision of codes, laws
exceeded by the Archiect
regulations subsequent to the preparation a such doe--
mats or are due ro other causes not solely within the
mel of the Arrisir.
ARTICLE 2
1.7.13 Preparing Drawings, Specifications and Supporting
THE OWNER'S RESPONSIBILITIES
data and providing aver services in connection with
Champ Orders to the extent that the adjustment in pie
gel The Owner shall provide full information regarding
m
grsic COcenvgon rr sting from the adjusted Con-
requirements for Me Project including a pmgnm, which
Con is urate with the services re
sit II cut fort the Owners design objectives, constraints
qul"n
retdof the Arcnicegpov;ded suds Change Orders are
an I ritu including spitz requirement and relitiom
regya�aby caures nes vilely within Ne control of the
Isry and expandability, special equipment and
systems at� requirement.
1.734 Making investigations, mrveers, valuations, inven-
g3 If Me Owner provides a budget bar the Projttt it
tones or detailed mismicals of existing facilities, and parr-
shall include contingencies for bidding, changes m the
!cars required in mnnegion with construction performed
Work during wnomction, and other costs which are the
by the Owner,
r sponsibiliry of the Owner, including those described in
fni5 Article 3 and in Subparagraph 3]3. The Owner shall,
1.7]5 Providing consultation conceming replacement M
at the request Of the Architect provide a statement M
any Werk damaged by fire or other cause during tun-
funds avadable for the Pr jet and their source.
Tons n ursmurs or urcmrscn, ms NEW YOU AVENUE, run, WASHINGTON, Ir rve 0141-19" 5
82-179
33 The Owner shall designate, when neasary, a rep.
semann a slimmed to act in the Owner's beMlf with
respect W We Project. The Owner or such authorized
representative dull examine the documents submitted by
tine Architect and shall render densions pertaining Thereto
promptly, to avoid uneeazanable delay in the progress of
the AmIumm'z services.
2A The Owner shall furnish a legal description and a
mmried land Win" of the site, giving, as appliable,
grades and lines of streets, alleys, pavements and adjoin
i0gg prop ray; drim-ofmaz
ay, rninns' as
ioeements n -
e
dtm tsii deed restrictions,boundaries and
dataIce of ibe aim; locations, aimensons and complete
pertaining to existing buildings, other improvements
and tees; and full mformafian concerning available serv-
ce nility lines both public and private, above and
below Brady, including inverts and depths.
ZS The Owner shall furnish the ewims of s T
«otherconsultants when such services are deemed
necessary by the Awbite¢ Such services shall Include test
borings, last pits, soil bearing values, percolation rests, air
and water aAlution tests, ground corrosion and resistivity
tests, including newssary operations for determining sub
sail, air and water conditions, with reports and appropri-
ate yrofeadminal recommendations.
BA The Owner stun furnish structural, mechanical,
chemical and other laboratory to inspections and re
ports as required by law or the Contract Documen8.
Z7 "a Owner shall furnish all legal, accounting and iW
time for thenProje4 iincluding uch auditing se ties as
the Owner may require to Early the Conaactoi s Appl a-
cts for Payment or to aemrtain how or for what pur-
poses me Contractor
uses the moneys paid by or on be-
half of the Owner.
3A TM1e nrvicx, information, survey; and reports
re-
quired by Paragraphs ]A through 2.7 ixluslve shall be
furnished at the Owners expense, and Ne ArcM1iten shall
be entitled to rely upon $a accuracy and complemnex
tM1ereof.
29 If the Owner obsems or otherwise becomes aware
of any fault or deject in the Project or nonconformance
with the Contract Documents, prompt written wose
theof shall be given by the Owner to the Architect,
re
2.10 The Owner shall tumid required information and
servicess and shall render approvals and deci9ons as ex-
pedimausly as necessary for the orderly progress of the
Architects services and of the work
signed, :permed, selected or specially provided for by
the Astopetl.
3.13 Construction Cost does not include the shompers-
much the Architect and the Architecry consultant
IM1e Post of the land, rights -o( -way, or other costs which
cre the responsibility of the az Owner provided In Arti-
le ].
32 RESPONIBILIFFMILCONSTRORIONCOST
3.2.1 Evaluations of the Ownefa Project budget, Stan,M-
mene of Probable Construction Cast and Detailed
Try. N Is M1
cognized, owevep n
or the Owner has control over
Fall or equipmenp over the Cor
roiping es
bid pac, or over ren
or negotiating condilonx Act
cannot and does not warrant a
«
negotiated prices will Way
proposed, established orapprow
or iron any Statement of Photo
other cast estimate or evaluafiDl
33.2 No find limit of Consists
Iished as a condition of this Afire
find limit az been youth,
permivetl Up include con
and price sala6on, to he
of any Incressaccording
n the Contract Sum ac a ring
afters of the Contract for Construction.
3.33 a If the Bidding or Negotiation Phase has not mm-
enced within thrre months after the Architect subm e;
_ the Conswnion Documents to IM1e Owner, any Project
budget or find limit of Construction Cost shall be ad-
justed m reflect any danger in the general level of prices
in the construction industry between the data of submis-
tinen of the Construction Documents to the Owner and
date on which proposals are sought.
324 If a Frl budget or fixed limit of Construction
- ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.3.3) is ex-
ceeded by the lowest bona fide bid or negotiated pro-
CONSTRURION COST poral, the Owner shall 01 give wnite^ approval of an
3.1 DEFINITION income Ins h fixed limit, 2) aurM1orin rebidding or res -
negotiating The Contraction war of the majact within a reasonable time, OI if
estimated Occur to the Owner of all elements of the Project the graph 1 s abandoned, terminate m accordance with
designed or fled the Architect. I scope and 103, orsrcoopenm in revising IM1e Pullen
spxi by ops and quan as required to mtlua IM1e of co union
3.13 The rates, including
Cort shall le induae a1 c [ion Cost
has ben (4),parodiedacfind limit of Conslmc
madsdWit,the a flabor an allowance forayer [ionnt the Asbrenesmbliouedasaonal cionolshisAgree-
head
yfiandwner the rootof glaborandhich hats furnished meth thewings,an wiMouladtlis ary; charge, stallmply
by the Owner and any Equipment wM1kM1 has been de- ily the Drawings,and Specifications az necessity to comply
6 B141-11077 WE uamluN NENTUM OF .wmnsne, tau NEW MaY Antem, Ji wuxmatou D C 2 Y
82-179
with the fixed limit. The providing of such service shall be
the limit of the Architect's responsibility acting from the
establishment of each based limit, and having d um so, the
Architect shall be entitled to compensation for all services
performed, in accordance with this Agreement, whether
or not the Constudion Plisse is commenced.
DIRECT PERSONNEL EXPENSE
Al Direct Personnel Expense is defined as the direct set-
s of all the Architect's pemat engaged on the Proj-
op, the portion of the cost Of their mandatary and
customary macundetoomand benefits related thereto, such
as employment taxes and other statutory employee bene-
fits, insurance, sick leave, holidays, vacationer pensions
and similar contributions and benef6.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable ExpensesCore-
Newport for
addition theCore-
Newportfor Basta and Additional Services and include
actual expenditures made by the Architect and the Arcbi-
faces employees and consultants in the interest of the
Project for the expenses listed in the fallowing Sub-
paragraphs'
5.1.1 Expense of transportation inntestant with the
Project; living separatewith out-of-town
travel; long distance communications; and fees paid for
tsexcuring
he Project p oval of authorities having jurisdiction over
5.15 Expense aleproductions, Postage and handling of
Drawings, Specifintions and other documents, excluding
A¢hi luccuffs a nfor thD.the edice use of the Architect and the
5.1.3 Expense of data proces rng and photographic pro.
duction techniques when used in wnnmion with Addi-
nal Servs
5.14 If authorized in adnnce by the Owner, expense of
work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock-ups re -
rumored by the Owner.
S.IA Expense of any additional insurance coverage o
Iimie, including professional liability insurance, requested
Architect the and the er an Architect'sxcess of t onsulrantsly nrdM by the
ARTICLE 6
or extended through no fault of the Arclruect. cormac -
Hour bar
any Basic Services required for such extended
pe60d
of Administration or the Construction Contract
shall be mmpu4d as set forth in Paragraph NA for Addi-
tiond ser ices.
6.1.4 WM1m compensation
is baud o a percentage of
ConstructiConstructionCost, and any portions of the Project a
deleted or otherwise not constructed, compensation for
such portions of the Project shall be payable to the extent
services re performed on such pod ions, in accordance
with the what set forth in Subparagraph 1422, based
n OI the lowest bona fide bid or negotiated proposal or,
Statement of Probable ch bid or CCwsgrosaloctiCreceived, or�Det ailed Esti
mate of Construction Cast for such partners of the Project
62 PAAYaLFNL50NACCOtINTOF
.
tONM SERWCM
61.1 Payments n account of the Architects Additional
Services as defined in Paragraph V and for Reimbumble
Expenses as defined in ANcle 5 shall be made strongly
upon presentation of the Architects statement of services
rendered or expenses incurred.
63 PAYMENTS WITHHELD
63.1 No deductions shall be made from the Archmxvvs
c o herrsums ndion o withhunt eld form payments
penalty, liquidated damages
o
payments to comprises, or
on account f the cost of changes in the Work other than
those for which she Architect is held legally liable.
6A PROJECT SUSPENSION OR T9MINATION
6.4.11 If the Project is suspended or abandoned in whole
b01 e 11 Pan for more than three months, the Architect shall compensated for all services performed tracer receipt
of written notice from the Owner of such suspension or
abendonmenh together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph
10.a. N Else Project is mormead after being suspended for
shallthan three months, the Architect's compensation
be equitably adjusted.
ARTICLE
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records Of Reimbursable Expensesandexpnsesper-
to
l Services and
Ue i� s Of adMulti Ile of Direct Personnel Expensed on
be kept on the bass of generally acceptedaccounting
O
principles and shall sedative rhe Owner or the
Owner's authorized! representative at
motuallY convenient
tees.
PAYMENTS TO THE ARCHITECT ARTICLE e
6.T PAYMENTS ON ACCOUNT OF BASIC SERVIQ3 OWNERSHIP AND USE OF DOCUMENTS
41.1
- - 8.1 Drawings and Smaiif the ps as sat of the nc ited
6.12 g `egeerrt Poymens For Baric Services dull be re are and shall remain the they am of rM1e exec ted
dem monthly and shall be in proportion {o or not the Profen fall Far
tbry are made isexecuted
s Pso or not The Owner shall hes, d Drawings
m reran copies, In-
formed Article each Phase of services, on the basis N doming reproducible copies, en Drawings and Specifics-
forthhe
6.1in Article 14. ps es information and reference in conn. Tie with the
established
If and to the extentthat for
he Contract Time initially and Specifications
ottupanotof the Project. The Drawings
es1a66sM1ed in IM1e Contract hr Constmtlion is exceeded and Specifications shall no be used by IM1e Owner on
x umirv{a O{ nAa�n<ers, eau xaw moa prTxuE x.w., wuxixGTox, o.0 ms 6141-19n 7
U-1T9G
other projects, for additions to this Project, or for fear
Tom of this Project by others appointed the Architect is not
in dNault under this Agreement, except by agreement in
writing and with appropriate compensation oche Archi-
wcL
8.1 submission or dimibution to meet official regulatory
requirements or for other purposes In connection with the
Project is Fast an be construed as publication in derogafon
Of the Architects rights.
ARTICLE 9
ARBITRATION See Article 15.
9.1 All claims, disputes and Other matters in question
between clog parulis to this Agreement, acting out of or
relating to this Agreement or Ne breach thereof, shall be
pleaded by arbitration in accordance war Ne Duration -
tion Indus" Arbitration Rules of Ne American Arbitra-
on Association then oWVan unless e parties m
ally agree otherwise. No wblrraron, arising out of Of re-
lating W rbls Agreement, shall include, by consolidation,
joinder any other manner, toy additional person not
a pant r this Agreement wept by written consent mn-
hmine a specific reference to this Agreement and signed
with
any u
ment
9.2 Notice of the demand for attractions shall be filed in
writing with the other party to this Agreement and with
the American Arbitration Attention. The demand shall
be made within a reasonable time after the claim, dispute
or tuber matter in question has than. In no event shall
the demand for arbitration ho made after the date when
nsOOtionf barrel or equitable roceed'mgs based n
such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
93 The award rentleretl by the arbitrators shall be hard,
and judgment my he entered upon It in accordance with
applicable law in any coup having jurisdiction thereof.
ARTICLE 18
TERMINATION OF AGREEMENT
10.0 The Agreement may be terminated by NFher patty
up n n d ys'writien notice should the Other parry
fall subsondally to perform in accordance with its terms
10.A Termination Drainsaw Include expenses directly at-
tributable W termination for which the Architect is not
offeservise
compensated, plus an amount computed as a
percentage of the usual Basic and Additional Compensa-
Von earned to the time of termination, as follows:
.1 20 percent it tornation occurs during the Scha-
tic Design Phase; of
2 W percent if termination occurs during the Design
Doemannent Phase; On
3 5 percent if termination Occurs during any subse-
quent phase.
ARTICLE 11
MISCELUNEOOS PROVISIONS
11.1 Unless otherwise specified, thus Agreement shall be
megoµ by the law of the pdnripal place of business of
h
112 Terms in this Agresernment shall have the same mean-
ing
s thosen AIA Document M01, General Conditions
of the Contract for Construction, current as Of file date
W this Agreement.
11.3 As between the parties to this Agreement az W all
acts or failures to act by either pant ro this Agreement,
any applicable statute of limitations shall commence W
rum and any alleged cause of anon shall be deemed to
have a¢med in any and all events not later than the rate
-
,and Date ofSubstantial Completion of the Work, and as
to any acts or failures to act attuning after the relevant
Date of Substantial Completion, not later than the date of
issuance of the final Certificate for Payment.
11A The Owner and the Architect waive all rights
against each other and against the c consult -
ads agents and employees of the other forrdamages ss
ertd by any property insurance during constrvtlion asset
forth in the edition of AIA Document A201, General COn-
domm, current as of the dare of this Agreement The
Owner and me Architect each shall require appropriate
similar waivers from their contractors, consultants and
genh
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, sit signs and legal
representatives to the other pant rshis Agree and
to the partneq succesmrs, assigns and legal represents -
Bass of such Giber pant with respect to all covenants of
this Agreement. Neither the Owner nm the Architect shall
sign, sublet or transfer any interest in this Agreement
without the wrirRn consent of the other.
through no fault of the pant initiating the termination. ARTICLE 13
10.2 This Agreement may be terminated by the Owner
upon at least seven &W written notice to the Architect EXTENT OF AGREEMENT
in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and arrested
103 In the event of termination not the fault of the Ar- agreement between the Owner and tM Architect and
chitect, the Architect shall be compensated for all seMces supersedes all poor negotiations, representations oragree-
performed to termination dace, together with Reimburs- ments, either written or onl. This Agreement may be
brie Expenses then due and all Termination Expenses as amended only by written instrument clod by both
end
defin Paragraph 10.4. Owner and Architect,
8 8101-t9]l ins Amspew iwnausa or aeons' C ms NEW roar AVENUE �i.w., WMHI a N, fie®t�
82-179
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect or iM Scope of Services provided, in accordance with Article 6, Payments
to the Amlemem, and the other Terms and Conditions of this Agreement, as follows:
14.1. •1r NP51""WE €NT'; ad.:rz4 1-
142 BASIC COMPENSATION
142.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in AniCle 15
as Part of Basic Services, Basic Compensation shall be computed as follows:
uw. aa.ma wm o,ra,.u, ampar or Wasal"m and he" Asee, m sC,h surest, smnw, of metean.
use, apply. 9 owner)
Lump Sum $98.000.00
This fee to be adjusted to any change in scope at time of project funding
by City Counci I.
143.3 Where compensation is based on a Stipulated Sum or Percentage of Construction Cos4 payments For Basic
Servim shall be made as p ewded in Subparagraph 6.1.2, so that Basic Compensation For each Phase shall
equal use Following percentages of the Noul Basic Compensation payable:
Schematic Design Phase: (Ph35e I)
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase;
Construction Phase;
Fifteen
percerlt(15
%)
Panty
percent(pp
�
ea
%1
%1
FiveY
Rercent
ptor
i2 5 5
%)
Twenty
percent 120
%1
One Hundred ercent TIO
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, asdescriasacm Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.3. See attached Fong R352.
To be negotiated if needed.
race 117,
Tae uaawew museum OF Aaxnernm
, s. Now was Aeauue, N.W., wuprvCroN, 0 sure 8141-1973 9
82-179
141.4 COMPENSATION FOR ADDITIONAL SERVICES
aph
d aw other
iMt cloR ADDITIONAL uded in Article 15 es part of Additional 5enrceq but excluding AddiitioECT, as described in nal ervlcesnofconsultantseCompen-
sation shall be computed as follows:
Isar doll, nwlnwr 4 Thai rdnrH noun name, 1. hh,nw simmer cheape sprin. PHeno i 'amurr n...wn
N Principals' and empl0yees'' time at a multiple of two and three-quarters (2.75)
times their Direct PersonnelExpense as defined in Article 4.
14A2 FOR ADDITIONAL SERVICES OF CONSULTANTS, inducting additional structural, mechanioil and electrical
engineering services and those provided under Sufal ragraph 1.721 or identifiedinArticle15aspartOfAddi-
apnd5ewices,amultipleof one and one-tenth ! 1.1 1 sues the amounts billed
to the Architect for such se ices
14.5 FOR REIMBURSABLE HiPENSES, as described in Article 5, and any other items included in Article 15 as Reim
burnable Espeaees, a multiple of One 1 1.0 ) times the amounts ea
pended by the Architect, the Architects employees and consultants in the interest of the Project
14A payments due the Architect and unpaid under @is Agreement shall bear interest from Be date payment is
due at are rate entered below, or In the stance theref the legal rate prevailing a principal place of
business of Arras, . 'eighteen per cent ?Y8%)' per annum on bil �n ni
an.ahmar Hesem,Rrerawi unpaid more than 30 days.
ma
vMn,Meem a,eaer,pheraftea nr.to.har daNawm,he.I.,has ej w he" an rte emaw,,'car �u� d."Troy d ^wru-a. Roche Imu
10.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that.
14].1 If THE SCOPE of the Project or of the Architect's Sei is changed mamrially, the Frei Of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES toward by This Agreement have not been completed val twenty-four
mumature of the date hereot through fault of the Architect, the amounts of compensation, rales and
deae act form herein shall be equitably adjusted.
To
iB 1134149n THE AMERICAN msnaura OF Aaxnarn. 1735 xnv VAR. avarut, NW. wasm,wl O.C. mass
82-179
ARTICIF 15
OTHER CONDITIONS OR SERVICES
15.1 Phase I of the Architect's Basic Services will include those described
in I.I. 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
cost of heat and lighting as part of Phase I basic, services.
15.1.5 Architect will provide Owner with a set of IAylar reproduci bl as of
Phase I Drawings.
15.1.6 At the conclusion of Phase I, the project will be presented to the
Bangor City Capncil for bond issue funding.
15.2 When authorized by the Owner. the Architect will proceed with Phase ❑
consisting of Design Development Phase, Construction Documents Phase,
Bidding or Negotiation Phase and provision of one set of Mylar reproducibles
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.
x
THEUN INSTITUTE or ♦Rprtecn, nn NEW roRK AVENUE, xw.,
w.wmerw. MC 200%
8141-19n
11
82-1)9
This Agreement entered into a9 of the Jay and real rat written above.
OWNER CITY Of BAIEOR ARCHITECT ALONZO J. HARRIMAN
.
®„n
12 B1414977 THE MAERINUH1 lemTHE OF Axanern. 1m NEW wxa awnuc rv.w., wuHixcrev, Dc mu
82-1]9
OF TIHE ARCHI ESI
CT'S PRO EES CTT REPRESENTATIVED LIMITATIONS AUTHORITY
AIA DOCU.SIEAT Sail
:: ]roper. R 6 Emplot ed
Recommended 2. an FIF.u['a`enm Art::. ep:esecu:ire
i. GINFRAL
1.1 The AI& and 'he A. hke R p
ur 01c. 01
s the extent P<a.ii m comradazi to act Or [uu. apRemi .c " :-;i:
me Mcbtect is a par.'. TM1; P:olza R are oe cis
comer eitM1 the Arcbilea a .,.
appropmen"tnalla stage metals ,'In
the
Os^mj" Ron-
a
dircnN a, me Amnhttc and thamm
n not rammed?
mrsentaine
unless authonzed by rhe Cancam with-
Former
c rand etArral,Kottacnt
2. DUTIES AND RESPONSIS'll ES
2.1 Observe the proIIess and qualiry of mr, Ain't arcs
nabl^ ec m a thNroceed nsame fico enmdsoce ansiclorm to nd
Womer masa general h .. -
IM1e Contract Ca n-
ifn the ProF¢ Rastafarians 5 Opinion,k does n
ot
Jarm to the ContractDocuments or ill growl
inspection or
21 Barb r
iterthe official schedule and report be die
Architect conditions which may cause delay In canPle-
bon.
23 Review Contract Documents with the Contractors
superintendent. Obtaininterpretations from the
l
Ancrita and transmit them 0 the Can
mlicasir
stions
nd lecOm
triangle. ir the evaluate them andrsubmehhem'1wihEver-
mendnions, ro the Architect far a final'son.
2$ Attend meetings as directed by the Architect and
,effort to the Archimi on she ponce omni
z.6 Obunx AVE mbiaed by the Contract Documents.
Record and report to the Architect on test procedures
and, where applicable, me results. Verify renng treeless
to be paid by IM1e On
v Ati recdrar me construction saorior-
daily manner incwdet ,,a onderrtt, Contract
e n
menu. Change Orden. Consuueion Change Authorize-
s, Architects Supplemental IFmducl reports pamsl or
Authorize-
turns
es Shop Central. uppI mmury Enwmgs, color andai remm s fn
anctraeor: and pnn ipaldmxdte, ii suppliers n>rmrr. rnb-
29
Image a diary or log book semsecu tl,he PheeP gap,
onto f^time
and
naturevnad local on of U'ork hein4
bas
weashe Conditions
ped rmetl, Aal nmm�ions and interp,etaIio"$ Swan :o
rM1e Conexus a,d eved c observations. RttoN env oc-
ar Warit that mrghvenit in a claim for a abanoe
n
manner
COF ct Sum or Can n T,me. Maintain a list
rs�thair abbi and time and purpose of Heir mitwassot
ssig Assist dre Against in nevitimi Shop Drawings,
Product Data and Samples. Notify the Architect it any
pordwr of the Wok repairing Shop Orawfngs, Product
Yrs or Sample is
n
commenceddbeime such subc
rare beenallimibv me chrtect Receive and
I
ve furnished at m
Arna reaed
read, to; "Formation.
is e,d me Architect.op,daor aanon.
From
zs:x'y o approved Samples.
110c Obsame the Contractors Record Orawines atIn-
appropriate to IM1e stage 01 roar on and nounme '
Architect of any apparent iodine by the Con to
1Tt Review Applicaomain up-to-date tions Payment submitted eby the
Con and fo and tress to IM1e Ar-.m.ed ecom
ene,rd�s for d�scnsitmn.
2.12 Rniew the Int of Items to be completed or mr-
cea wmcIs is submitted OV the Contractor with are-
- a Cerdima a of Substantial COI
on i ah Work and': tile U.r Is Occurs,
It. ronvend
Olsonit to
n A xi i' l -v - -if not, so
x A cn.latl. a camr, the ret n Contractor o,
Con1.13ttReview and report to the Ali On conditions of
i the Project being occupied or mildest W
the Own separate contrai to minimize the
sibility of dams for damages. os -
2.33 Aesisl the Architect in final inspection of the Work
Receiee from the Contractor endo the Contractorm Iut
no Ou ped Owner fuishhat the completion of the \Votk.rs .e
3. LIMITATIONS OF AUTHORITY
The Project Representative shall NOT;
31 Authorize deviaiOns from the Contract Documents.
31 Approvendb9itute maeials or equipment exrepl as
authoeized in wining by the Architect.
3.3 personally < Or third
party inspections except as participate
n wrong ng by tx
Architect.
3.4 Assume any of the responsibilities of the Central
superintendent or of Subcontractors.
33 &pedite the 4Vo,k for the Contractor.
3.6 Aa,ise on or issue irectionslconcerning, aspects Of
isr names, sequences o
procedures. means, vry o eaurans and program ,n an
,action with the Work.
31 Authorize Or uggest that the Owner Occupy the
protea in whole or part.
3.9 Issue a Cme eme for Payment or Carlini of Sub-
stantial Compli
3.9Prepare of sentry as the preparation ofRecord Cons -
trip
310 Reject Work or require special inspttdon Or testing
¢opt as author'zed in writing by IM1e Architect.
331 Order theComraoo, to stop IM1e Wdrk Or any Pon
tion postal.
19"
THE unea
nl1, 9T Or necnnem, Ins new roar are., NO. wragar4 . 0 norB333—
CNA rNA P411
Cnxye, me 1
6e.o••�x
XuiDECLARATIONS
AGENCY BRANCH PREFIX POLICY NUMBER
056124 919 ANE 821-89-42
. NAMED INSURED
ALONZO J. HARRIMAN ASSOCIATESi INC.
ALONZO J. HARRIMAN, INC.
2. POLICY PERIOD: 04 01/82 TO
Standard Time at the address of the
292 Court .Street
Auburn, Maine 04210
ARCHITECTS AND/OR ENGINEERS
PROFESSIONAL LIABILITY POLICY
INSURANCE IS PROVIDED BY
CONTINENTAL CASUALTY COMPANY,
CNA PLAZA, CHICAGO IL 60685,
A STOCK INSURANCE COMPANY,
HEREIN CALLED THE COMPANY.
NOTICE
THIS IS A CLAIMS MADE POLICY
AND COVERS ONLY CLAIMS FIRST
MADE AGAINST THE INSURED DUR-
ING THE POLICY PERIOD. PLEASE
READ THIS POLICY CAREFULLY
AND DISCUSS THE COVERAGE
WITH YOUR INSURANCE AGENT.
04/01/8 at 12:01 AM.
insured shown below.
�, D�urchased Deductible
$ 1,500 Deductible Credit
$ 1,500 Is Deductible per claim (including claims expenses)
S. $ 1,005,000 Per clam limit of liability Qncluding c a ms expenses)
$ 1,000,000 Aggregate limit of liability (including claims expenses)
e e ec v
a date or the tirst policy issue
and continuously renewed by this Company.
1. Insured's liability arising out of Joint ventures formed on or be ore
04/01/61 is covered.
Repo r to Tota Bi ingS
$ iReported Construction Values
9. St anda[d P[em um 10. Installment Prem um Payment
$ Reserve Premium
_$ Total Premim N/A
$ Basic Premium
THE NLAP ENOY
6Y GL
Wunter c9 neT y ut orrze presenca vve