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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 Ow.of m 1917.IMF ,+r0, NOW+m.Me, M51..IN...n+IRM I.� m TOMfto 1735 New York MWW, NW, a19� :flOF OMWn mis"u.w,he a. mW:�i,m W. n.Imoa TV2u�,%�nx w'TnuTa OF nttnrt a New rou nvrxu[ x.ri.. w"sriielwt"o.e WONB14t-T9]l 1 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& MA �UEM 130 � OwYER-Austli �OalE� - Jeri tWu � JULY cor � Xi � 019" tin AMERICA\ Iven t Or "OUIECTA re+ NEW rwx AV ENi N.w. wuxmcTON, OC ma 11141-1971 3 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