Loading...
HomeMy WebLinkAbout1976-11-04 3 AE ORDER3 AE" Introduced by Councilor Biwatae, November a, 1976 Y_ CITY OF BANGOR (TITLE) (Drber, Auch i i g Ezecutio f C tract f r Architectural ge ices -- Civic Center Project .......... .. ...................... ............ ._..... WHEREAS the City Council transferred $L7,000 from the Capital Reserve for General Construction Account (92-2235) to represent the City's contribution toward the completion of final drawings for a Civic Center project by Council Order 416 qD, adopted October 25, 1976; and WHEREAS the City Council authorized and directed the Acting City Manager to file an application for a Civic Center Project with the Economic Development Admini- stration for funds under Title I of the Local Public Works Capital Development and Investment der of 1976 by Council Order 417 M. adopted October 25, 1976; and BEEMS the City Council assured and certified that the City of Bangor would comply with all applicable regulations, policies, and guidelines as required by Title I of the Local Public Warks Capital Development and Investment Act of 1976 and as required by 13 CTR Part 316 in connection with the Civic Center Pmoject application by Council Resolve 418 AD, adopted October 25, 1976; and WIBIREAS said application most contain a copy of the final contract for architectural services for the Project, NOW, THEREFORE, By the. City Council of the City of Bangor, it is ORDERED, THAT the Acting City Manager be and hereby is authorized and directed to execute on behalf of the City of Bangor anwith Eaton W. Barbell d Associates, Inc. for architectural services for thecproposed Civic Center Project, copy of said contract being on file in the office of the City Clerk and incorporated by reference herein. IN CITY COUNCIL ove,bei 4, 1976 Passed by the folloang �� ` a R 0 E RSG �. yes and M vote: CoYMilois oting yest arountaey Gas$, eenlexaon, IECRexewnf�Soncy: '� Soulas and 2 ndzlan.. Councilor voting Finnigan.: Councilor R th +.pb:pr pf. CPPF'r: pPY. Ki bNLVGL4}'a1 absent 'Willey.p // L iserv.dq€s. Civic Center.... t e .r... CImY-C .. Co La "Eangor, the renter of Maine—the Garevmy to Maine's North Woods and Seashore Resorts; :ROBERT E. Wou"R 73 H"RW Go. g� tai e.. M H. DALE ac nota. Qjdq of CIurtgar, C•pp ADte LEGAL DEPARTMKNT November 2, 1976 Bangor City Council Bangor Make 04401 Be: proposed Civic Center Addition to Bangor Auditorium Dear Councilors: At the last meeting of the Council authorization was given to permit the transfer of soon $17,000 to an account set up for architectural services for the proposed Civic Center addition to the Bangor Auditorium. A like amount is to be obtained from local sources and deposited with John Flynn by November 5, 1976. AS you are aware, the total aof $34,000 is being established In anticipationof agrant by the economic Development Administration for 100% funding of the entire project. Details relative to this'matter have been under careful scrutiny by this office during the past day or two. he'a part of the application it appears that we moat, as a practical natter, supply a copy of the final executed contract with the architect. There are certain changes that are necessary to be made to it before it can be Executed. These changes are now being reviewed, prepared and discussed with Mr. Tafbeil. In addition, it is W present judgment that we Duet atop and get our bonne in order Inrespect to the ma n which this contract teexecuted. I have advised DonSoucy, Council Chnirman, that we must consider the contract at thenext regular meeting of the Council or at a special meeting to be called by his. Because of rather pressing than requirements in respect Bangor City Council November 2, 1976 Page 2 to the application, Con has called a special meting to be conducted at 9 o'clock on Thursday morning. A.copy of the notice of the meeting is enclosed. In addition, appropriate entices will be posted on the City Hall Bulletin Board and the press will be individually contacted relative to the meeting. Enclosed please find a copy of the architectural agreement as initially proposed. The staff does not propose to change its provisions materially. Forever, there are certain additional requirements such as errors and emissions insurance which meet be added in order to get it in anacceptable form. iio will distribute a copy of the contract in what we believe to be its finalform to you shortly. However, because the meeting Is being called for Thursday, we felt you might like to review the initial proposal beforehand. I realise that this my c me rraise-soquestions. I certainly will be gLad to answeranythat you may have. If you wish, please feel free to call ma at home during the evening. Finally. I have discussed the problem and my proposed solution with the Acting City Manager, various department heads who have a direct involvement in the project, and Larry Mahaney, representative of the Merchants Funding project. I expect to, meet with W. Tarbell shortly to resolve any differences or difficulties in respect to the proposed draft. Ropefully Mr. Barbell will be available on Thursday morning t answer any questions that you may have regarding the contract. If there a an technical problems win the wording, please call either John Flynn or myself amediately. It's extremely Important that this contract, anessential part of the grant application, be approved at the special meetingo otherwise we probably will not have an opportunity to obtain the grant. Very truly yyoourss,,' zrn - Robert R. Miller City Solicitor REM;tc Encs cc: Jobs Flynn THE AMERICAN INSTITUTE OF ARCHITECTS IN �VMMTMr 7117MIF. Owner and�Architect THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT madethis Fourth day of November in the year of Nineteen Hundredand Beventy'six BETWEEN the Owner: City of Bangor City Hall, Bangor, Maine odua01 and the Architect: Fenton W. Tarbell IS Associates, Inc. One Merchants Plaza Bangor, Maine 04.401 For the following Project: (Include decaned dacrialdn or Pmian Function and mope) Civic Center Addition to the Bangor Auditorium, Bangor, Maine, as shown on a plan for said addition entitled "Location Pian for Proposed Civic Center Addition to Bangor Auditorium", Plan No. B-53, drawn by J. D. Ring, City of Bangor Engineering Deteartrnentl the total construction cost of Said addition not to exceed a fixed limit of One Million Five Hundred Forty Nine Thousand- EigM Hundred Eighty -Five ($1,549,885.00) Dollars, including Architectural fees. The Owner and the Architect agree as set forth below. DOCUMENTMA 8141 ow • NER.ARCnITECT AGREEMENT • JANUARY 1974 EDMON - AIA® • JI THE AMERICAN INSTITUTE OF ARCHITECT; Trial NEW YORK AVE. N.W.. WASHINGTON, D.0 NNE t FIXED FEE E. THE ARCHITECT shall provide professional arvlcn for the Project in accordance with the Terms . and Coni of this Agreement. H. THE OWNER shall compensate the Architech in accordance with the Terms and Conditions of this Agreement A FOR BASIC SERVICES, as described in Paragraph 1p, Basic Compensation shall be imsom ed on the bass of a FIXED FEE Ninety—seven—Thousand—Five—E ndred and F. S. FOR AOOnTONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows: 1. Principals' time at the fined rate of FOMY---- ---dollars 1540.01 various. For the purpose of Nis Agreement, the Principals are: Eaton W. Tarbell 2. Employees' time (other than Principals) at a multiple of Two and PiveKlarri ( 2.5 1 times the employees' O ren Personnel Expense as deYned in ArtIcle 4. 3. Services; of promotional c nsultams a multiple of One and flue—teMFte ` 1 1.5 1 times the amount tried to the Architect for such services. C AN INITIAL PAYMENT of --See Article 14 -- dollars IS I shall be made upon the execution of this Agreement and credited to the Owner's account. D. FOR REIMBURSABLE EXPENSES, amounts expended as deined in Article 5. 111, THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of Nis Agree- ment that: A. IF SCOPE of the Project is changed materially, compensation shall be the subject to renegotia- B. IT THE SERVICES covered by this Agreement have not been completed within Twenty—six -------- — ( 20 1 months of the date hemoF, the amounts DI compensation, rates and multiples net forth in Paragraph 11 shall be subject to renegotiation. ALA 9141 • OWNER-ARCHIT(OT AGREEMENT v JANUW. Ry 14 NATIO - AI adiia THE DOCUMENT mFRIGNVi V nCHITFI O0.AVE.,., N, TON. O. C 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 of Probable Cansvuction Cost, shall assist the Owner in obtaining bids or negotiated propmals, and in awarding ARCHITECTS SERVICES and preparing conswctan contracts. T.1 DdICSERVKE5 CONSTRORION PHASE —AINANHIRATION The Architect's Basic Services consist of the five Of THE CONSTRUCTION CONTRACT phases described below and include normal struc- 1,1.10 The Construction Phase will commence with the rural, mechanical and electriol engin Bring services ward of the Construction Contract and will terminate and any other se ces included in Article 14 as when the final Cer ifvere for Payment is issuedto the Basic Services IOwner. SCHEMATIC DESIGN PHASE 1.1.11 The Architect shall provide Administration of the 1.1.1 The Architect shall review the program herbal Construction Contract as let forth in AIA Document by the Owner Ed ascertain the requirements of the Project After, General Conditions of the Contract for Construc- and shall confirm such rryulrements to the Owner. tion, and the extent of his duties and respensibllitie5 and the limitations of his authority, as assigned thereunder 1.1.2 Based on the mutually agreed upon program, the shall not be modified without his written consent. Architect shall prepare Schematic Design Studies consist- 1 11] The Architect, as Ne representative of Me Owner Ing o! drawings and Other Project cdocuments illustrating the during the ConstmCNOn Phase, shall advise and consult praoval by IFeI Owner. the Of Prole[[ wmlaonents br p' wish he Owner and II of the Ownees in5muctioni to the Contractor shall be issued through the Architect. The 1.1.3 The ArtAitect shall submit W the Owner State- Architect mall have authority to[n behalf of the ent of Pobable Construction Cost based on current Owner to the extent proNded in the General Conditions area, volumes, or other unit cents unless otherwise modified In writing. DESIGN DEVELOPMENT PHASE 1.1.13 The Architect Shall at and es have access ro 1.1.4 The Architect Shall prepare from the approved the Work wherever it is in preparation or progress. Schematic Design Studies, for approval by the Owner, the 1,1,14 .The Architect shall make periodic visits to the Design Development Documents consisting of drawings site to familianze himself generally with the progress and and other documents to fix and describe the nod and quality of the Work and to determine in general If the character of the entire Project as o structural, manchartH Work is proceedingin cordance with the Contract cal and electrical Systems, materials and Each other essen. Documents. On the basis of his on -ale Observations as tials as may be appropriate. an arceritect, he shall endeavor W guard the Owner 1.15 The Architect shall submit to the Owner a further against defects and deficiencies in the Work of the Con - StatementofProbable Owner uctiact n Cast tractor. The Arch test shall not be required make l exhau I nspections o Check the CONSTRUCTION OOWMENTS PHASE quality or country of the Work .TM1e Architect Shall no 1.1.6 The Architect shall prepare Goth [M1e approved To responsible for construction means, methods, tech[ Design Development Documents, for approval W thehall ^^9ues, uquences or procedures, or for safety pensionless Owner, Drawings and Specifs setting forth in and programs in connection ,in the Work, and he shall detail the requirements for the construction of the entire not be responsible for the Contractor's failure to why out cesu Project including the nery bidding information, and the Work accordance won the Contract Documents. shall assist in the preWramen of bidding forms, the Con- 1.1.15 Used onSuch observate ions at the Si and on ditions of the Contract, and the farm of Agreement the Coarseness Applications for Payment, the Architect between the Owner and the Contractor. shall determine me amoant awing o me Contractor and 1.1.7 The Architect Shall adviu the Owner of any Shan Name Certificates for Payment in such amounts. The adjustments t0 Previous Statements of Possible Grain- issuance oo fa Certificate for Payment shall constitute tr ction Cost indicated by changes in requirements or a the Architect o the Oww er, ba do th general marke[[onditionx e Archioct's observations the to answered in Subparagraph 1.1.14 and Eye data comprising the Appli- 1,1.8 The Architect shallss1st the Owner in filing thwrite rte for Payment, drat the Work has progressed to the required documents val for the approof governmental Point indicated; that to the best of the Architectsknowl- authorities having jurisdiction over the Project. edge, Information and basis, the quality of the Work is %IASL Accordancein with the Contract Documents (subject t0 BIDDING OR NEGOTIATION evaluationof the Work for conformance with the 1.1.9 The Architect, following the Owner's approval of Contrast Documents upon Smbsoneal Completion, to the me Canstruction Documents and of te am Statement results of any subsequent tests required by the Contract ANA DOCUMENT • OWNER ARCHITECT AGREEMENT • JANUARY a EDITION • PIP • GR74 g THE AMERICAN NstlNTE OF AROIDEQs, WS Nine YORK N.W., WGTON, 0.G Visits Documents, to minor deviations from the Contract Docu- entsCorrectable prior completion, and to any specific qualifications stated In the Certificate for Paymenp; and that the Contractor is entitled to paryment in Me amount em ied By issuing a Certificate for Payment, the Arch! - text shall not be deemed to represent that he has made any examination mcertain how and be what purpose the Contactor has used the moven wad an account of the Contract Sum, 1.1.16 The Architect shall be, in the first insane the interpreter a the requirements of the Contract Deco - neeram me impartial judge of me performance there - by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con andtractorHe the ane and progress of the Work o an other o quadons related thereto. The bchitecfs decisions in matters relating to artistic effect shall be final if consistent with the intent of me Cana et Documents. 1.1.17 The Architect shelf have authority to reject Work which does not conform to the Contract Documents. When in his reasonable opinion, he considers it nec- xary Oa Whenever, t re the proper implementation of the intent of the Contract Documents, he will have authority to require special Inspection ortesting of any Work in accordance with the provisoes of the Contract Documents whether or nor such Work be then fabricated, installed or completed. 1.1.18 The Architect shall rev and approve shop drawings, samples, and other aubm scone of the Contrac- tor for conformance wit M1 IM1edsingle concept of the Project and for compliance with the formation given in IM1e Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.30 The Architect shall conduct inspectionm de- termine the Dates of Substantial Completion and Bn21 anrlry shall hicaver and achieve written ar,adtl elateddocv documents assembled by the shall issue a final Cerif car for Payment. 1.1.31 The acts or tors, or anye or ploys the Work. 1] PROJECT 13.1 If more extensive representation at IM1e site than is described under Subparagaphs 11.10 through 1.1.31 1.111 Preparing supporting data and other servicesin inclusive is required, and if he Owner and Architect connection with Change Orders if the change ithe agree, the Arch'vect shall provide one or more Full -Time Basic Compensation Houbmi; from the adjusted Contract ProjeR Representatives to assist the Architect. Sum n commensurate with the services required of 1.3.3 Such Full -Time Project Representatives shall be the Architect elected, employed and directed by the Architect, and the 1.11] Making rovesNgationsiwaIJdeaaledoppraas- Architect shall be compensated therefor a Wally als and valuations of existing facilities, and surveys o agreed between the Owner and the Architect as et forth inventories required connection with construction an an exhibit appended He this Agreement. performed by Ne Ownerlmn 123 The duties, responsibilities and limitations of Am 1.3.13 Providing consultation conn ping replacement thorary of such Full -Time Project Repesentatives, shall be of any Work damagedbyfire or other cause during con - set forth in An exhibit appended to this Agreement almoner, and fumashlWl prnlnulomd s,rwoo, of Ihu lypu S141 - OWNER ARCHITECT AGJ • JANUARY ton minr,.v . .k THE AIA AMERICANS iNSTrtVTE OF ARCHIOCTE, IM NEW YORK AVE., N.W., WAs'NiNCION,AO. C. IryJM 13A Through TM1e on-site observations by Full -Time Project Representatives of the Work In progress, the Ar- chitect shall endeavor to provide further protection far IM1e Owner against defivi In the Work, but the fumich- Ing of such project representations shall not make the Architect requersible for construction m methods, Nomiques, sequences or procedures, or forsafetypre- tend programs, or for the Contractors failure to perform the Work in accordance with the Contract Comments.' lA ADDITIONALSERVIQS The following services shall be provided schen au- modaN in varying by the Owner, and they shall be paid for by the Owner as hereinbefore provided. 13.1 Providing analyses of the Owners needs, and pro - Purchasing the requirements of the Project 133 Provadang financial feasibility or other speual studies. 13.3 Providing planning surveys, site evaluations, rommentill studies or campaseve studies of prospective 1314 Providing design servaces, relative to Posture (acini. If sc . systems and equipment which a not intended to beonstmcted as pan of the Project. 1.15 Providing s investigate existing conda- nons m fadlens or my make measured drawings thereof, or oNi the accuracy of drawings or Other in(orri mnlurnished by the Owner. 1.3.6 Preparing documents for alternate bids or out -of - sequence services requested by the Owner. 1.3.7 Financing Detailed Estimates of Construction Cost or detailed quantity surveys or Inventories of material, equipment and lobar. 1.3A Providing interior design and other u re- gmred for or connection with the selection oifsuma- lre and lumaebop Architect shall not be responsible for the 1.3.9 Providing services for planning tenant ter renal many of the Con any Subcontrao spaces. of the Contra¢ors or Subcontractor' agents 13]0 Making resi n Dawingst Specifications o Be or any other persons performing any Of other documents when s such rere Inconsistent REPRESEYLATION BEYOND BASIC SERVICES ; d are due to causes beyond rthelconarell of me Archigiven tett set forth in Paragraph vt asay be required in sonnet -2.5 The Owner shall furnish stmW era, mechanical, tion with The replacement of such Work. chemical and other laboratory tests, inspections and re - 1.3.14 Providing professional xf mare n erscary ports as required bylaw or the Contract Documents. by the default of the Contractor orby malar dekcrs in 2.6 The Owner shall furnish such legal, accounting, and the WON of the Contractor in the performance of the insurance comeselfing services as may be necessary for the Construction Contract. Project, and such auditing sections as he may require to 1.3.15 Preparing a set of reproducible record prints of asrewin him or for what purposes the Contractor has drawings showing significant changes in the Work made used tO errs Paid to him under the Construction Contduring the construction pocess, based o marked -up prints, drawings and other data furnished by the Contrac- 2.7 The ounces, Information,rveys and reports m- ortothe Architect quined by Paragraphs 13 through 36 inclusive shall be 1.3.16 Provding extensive assistance in the milization fumished at the Owner's expense, and the Architect shall y equipment or system such as tial start-up be entitled to rely upon the accuracy and completeness re an iii art -up or thereof. sting atljusting and balsheing, preparation of oprstion and maintenance manuals, training personnel for o m- ann and Maintenance, and consultation during Operation. 1.317 Providing services m wn after issuance the Omer of the final Certificate for payment. 1318 Preparing to yerver Or serving as an expert witness in connection with any public hearing, arbitration pro Needing or legal proceeding. 1.3.19 Providing services Of professional consultants far other than the normal structural, mechaniol and elecum cal engineering services for the Prefect. 1.310 Providing any other Se not Othervilse in eluded in this Agree not customarily famished in accordance with generally accepted architectural practice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information, including complete program resuming his requirements for due 2.8 If the Owner becomes aware of any fault or defect n the Pralectr non onformance with the Contract D menu he shall Eve prompt written notice thereof O the Architect. 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 If the Construction Cost is to be used as the basis Far determining the Architecess Compensation for Basic services, it shall be Ne tribal cost or ¢stun ted cost to the Owner of all Work designed or specified by the Architect. The Construction Cost shall be determined as Reflects, with Precedence in the cher listed: 3.11 For completed construction, the cost of all such Work, iWhohi tcosts Of managing construction; Pat 3.13 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such 2.2 The Owner shall designate, when ne¢sxry, a rep- Work, or 121 If the Work a not bid, the bona fide nego- sentative authorized t0 actin his behalf with respect to tiated proposal submitted for any or all of such Work; or File Project The Owner shall Warnme documents sub- 3,1,3 For Work for which no such bid or proposal is mitted by the Architect and shall render decisions per- lved, (1) the latest Detailed Estimate of Construction'm gtheret0 promptly, to avoid unreasonable delay in Cceost if one is available, or R) the latest statement of the progress of the ArclatecCs services. Probable Constmaion Cost. 2.3 Me Owner shall furnish a certified land survey Of 33 Construction Con does not undue, TM1e wmpensm the site givin& as applicable, grades and lines of strcen, tion of the Architect and his consultants, the cost of the Ince, pavements and adjoining property; ngbtsnf-way, land rigblsof-way, or other costs which am the responsi- restrictions, easements, encroachments, zoning, all r biliry of the Owner as provided In Paragraphs 23 through strictions, boundarrev and contours of the site; locations, 2.6 inclusive. dimensions and complete data pertaining to existing Findings, *that improvements and trees; and full infor- 3.3 The cost of labor, materials and equipment furnished mation concerning available serNce and utility lints both by the Owner for the Project shall be included In the public and private, above and below grade, including Construction Cost at current market ratesmduding a inners and depths. reasonable allowance For overhead and pfit. M The Owner shall furnish the services of a soils engi- 3.4 Statements of Probable Construction Cwt and De- otherconsultantwhen Such services are deemed tailed Cost Estimates prepared be the Architect represent necessary by the Architect, including reports, test borings, his best judgment as a design proffeeonal familiar with test rFits, s it bearing values, precolatuarn asset, air and the construction industry It is recognized, however, that water pollution tests, ground corrourre and r sidwiry either the Architect nor the Owner has any cotrot Over tests and other necessary operations for determining sub- the cost of labor, materials or equipment, over the win - soil, air and water conditions, with appropriate proles -tractors' methods of determining bid prices, or Over cont. smnal recommendations. petitive bidding or market conditions. Accordingly, the ASIA oOCUmENT oar . OwNER,ARCNTzC* ACRFEMENT • IM'WRv AIM • al THE AMERICAN INSTITUTE OF ARCWOECTS, 1735 NEW YORK Ae., N.W., WASHINGTON, D.C. MM 5 Architect cannot and does not guarantee that bide will star or his professional c suRan(s In the interest of the not vary Irom any Statement of Probable Construction Project for the expenses listed in the following Subpara- Cost or other war estimate prepared by him. graphi 3.5 When a fixed limit of Construction Cost is ¢slab- 5,1.1 Expense of transportation and living when travel- limed as a condition of this Agreement, it shall be in ing in connection with the Perfect, long distance calls Ring signed by the paniesandahNkrotl zir;ck g and telegrams; and fees paid for securing approval of L Npgemcgetakawx;pSprNalNtl¢65a�(atxamaUtKa6 authorities having jurisdiction over she Project. Iis�M1ed, theArchitect When such a such ed alien rte what is 1 3.13 Expense of reproductions, postage and handlie ing materials, equits rement component systems and types of of Dnwings and Specifications excluding duplicateonstruction a ro be inchuded in the Contract Docu- at the completion of each PM1ase for the Owner's review ents. and to make reasonable adjustments in the swce and approval. of the Project to bring it within the fixed limit. The archi. 5.1,3 If authorized in advance by the Owner, expense tect may also include in the Contmn Documents Iter- of overtime work requiring higher man regular rates and nate bids to adjust the Construction Cast to the fixed] expense of renderings or models for the Ownefs use. limit. Si Expense of computer time for profenional services B.SA If the Bidding or Negotiating Phase has not mm- when included in Paragraph 11, merved within six months ager the Architect submits the Construction Documents to the Owner, any fixed limit 5.15 Expense of computer time when used in connec of Can section Cost established as a condition of this tion with Additional Services. Agreement shall be adjusted to renews any change in the ARTICLE b general level of prices which may how occurred in the construction industry for the area in which the Project is PAYMENTS TO THE ARCHITER looted. The adjustment shall wlect changes between the date of submission of the Construction Documents sal Paymentsaccount of the Architects Basic Sam- ro the Owner and the date on which proposals are rwcshul be made afollows: sought. &IT An initial payment as set forth in Paragraph 11 is 3.53 When a fixed limit of Construction Cost, mWa the minimum payment under this Agreement M >Sod a8¢ Eadjusted as provided in Sub- Ada Subsequent for Basic Services shall be paragraph 3.51, if applicable), is established as a condi- made monthly in proportion sto services performed m tion f this Agreement and is exceeded by the lowest That the compensation at the completion of each Phase, bona title bid or negotiated Proposal, the tof DefPrtl Etie ex ept when the compensation is on the basis of Mul- o(Conscost, the COSI mise ll ((ement of Probable exp- Life of Direct Personnel Expense,shallequalthefollow- prowd of an cast, ei Own r shall 111 give written exp- ing Percentages of the total saac Compensation: pmval of an increase it such reas limit, DI authorize co- in Rising within reasonable time, or (31 <re- Schematic Design Phase a ...... 15% operas in revising the Pmlect cope and quality In re-he CDesignonst! Development Phase .. 35% caw o t(3 reduce the Probable scope additional Cone In the Construction Documents Phase ... 80% mse of (3) the Architect, without charge, shall Bidding or Negotiation PM1au ... BO% oalry me Drawings a^a apedreauons as necessary to Construction Phase ........ _.. 100% brm8 M1e Construction Cost within the fxetl limit The b].3 If the Contract Time initially established in Me providing COKE service shalibe The limit of ArtFi- Construction Contract exceeded by more than thirty Tecrs r ponsibillty in This regard and having done so, npensstlon the ArcharctsheI be en titled to camcereation in accord. days through W fault of the Architect, cont for and with this Agreement Basic Services performed] by Principals, employees and profnsional consultants required to complete me Ad- ARTICLE 6 ministration of the Conduction Contract beyond the DIRECT PERSONNEL E%PENSF thirtieth day shall her computed as se( forth in Pam- graph ll for Additional Services. Direct Personnel Expense Is defined as the mlanee of 6R Payments for Additional Services of the Architect as professional, technical and clerical employees engaged defined in ParagnpM1 1.3, and for Reimbursable Expenses n the De fact by the Architess, and the cost of their as defined In Arode 5shall he made monthly upon mandatory and wstamare benefits such as natatory em- presentation of the Architecta statement of services ren- ployee benefits, Insurance, sick leave, holidays, variations, dread pensions and similar bereftx 6.3 No deductions shall be made from the ArchRect's ARTICLE 5 compensation o of penalty, liquidated dam- REIMBURSABLE EXPENSES ages, or other sums account from payments to con 5.1 Reimbursable Expenses are In addition to the Com- tractors. actthree ual non for expendigu5ic and res made by the A Li hsand empll Y' mntbe or alP.wbmark +l in wl...I of I,, l•d fur mrh more than KA • Ownu-ARXta x TECT ACR w AGREEMENT • IANxY tido EOIi c THE AMERINIINSTITUTE OF AR[ ITU= loo NoYORK AVE.,, N., WASmNCTON, A UO. C. 2NAA shell be paid his compensation for servcee Performed prior to receipt Of written notice form the lOwner of such - suspension or abandonment, together with Reimbursable Expenses men due and an termination expenses as de. fined m Paragraph 8.3 resulting from such suspension or abandonment. if the Project is Disput] afterbeingsus- pended for more than How months, the Architect's compensation shall be subject W mrsergarranon. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal HER commencing sixty Days after the date of b'llling. ARTICLE T ARCHITECTS ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses fades ing to Addltiawl founder on the Project and for services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on a generally recognized account me thorized represend ll be ntative atlable to mutually utuall Ice Owner m els u e mu yhe Ower limes. ARTICLE B TERMINATION OF AGREEMENT 8.1 TMs Agreement may be terminated by either party upon seven dayi written notice should the other patty fail substantially to perform In accordance with its terms through no fault of the patty int ter. initiating the mination. 8.2 In the event of termination one to thefaullofpar - ties other than the Architect, the Architect shag be paid his compensation for services performed to termination dare, including Reimbursable Expenses then use and all termination expenses. 8.3 Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus an amount imputed as a percentage of the tool compen S`t- ed to the time of termination, as follows: 20`earned if termination occurs during the Schematic Design Phase; or to percent T f termination occurs during the Design De- velopai lPhase; or 5 percent if termination exclum during any subse- quentphase.' ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or ns to this Project except by agreement in wrn- His and with appropriate compensation to the Architect. ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his hamar, successors, assigns and legal memoventatives to the other Pally to this Agreement and t0 the partners, successor, 5signs and lepa�reepresentaeves of such other m party with respect all f this Agreement. Neither the Owner nor the Architect shall assign, sublet oder his this Agreement without Else or transfer consent of Chet other. ,. ARTICLE 11 ARBITRATION 11.1 All claims, disputes and tuber between the Dames to this Ameemel Spetlllc reRrence to Has Agree saner oy all tp parties hereto. Any c arbtrinu n involving a additional party or parties shall not constitute consent or armarauon of any dispute not described therein or with or partes duly comearred to by the parties be specif<ally enforceable under the pre - 113 Notice of the demand for arbitration shall be filed ting with the other party m this Agreement and in robe American Arbitration Association. The demand shall be made within a re wnable time after the claim, dispute or other matter in question has arromer. In n event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based o such claim, dispute or other mater in question would be barred by the applicable statute of limitations 11.3 The award renderer by the arbitrators shall be a- nal, and judgment may be enter" upon it in accordance with applicable law in any coon having judadimmn thereof. ARTICLE lR This Agreement represents the entire and integrated agreement between Ne Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral, This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 13 GOVERNING LAW Unless otherwise specified, this Agreement shall be gov- erned by the law of the principal place Of business of the AmbiNCL A DOCUMENT M1EINEwa T AGREEMENT • NUARY EDITION - Alp®. 01974 THE AMERICAN ISeTOUTY Of E AIRCUTECTS, VE NEW YORK AVE., N.W.. WASHINGTON, D. C. Mi 7 ARTICLE 14 Omer Conditions or Services 14.1 Payments. The initial payment for basic services provided for in Article 11 of this agreement shalt be paid to the Architect as the ser- vicos provided for herein are performed up to a maximum of $34,000.00. The remaining balance of $63,000.00 for basic services shall be computed and paid in accordance with Article 6 of this agreement. 14.2 Increased Construction Costs. In the event there are any increases in the construction costs as established by the construction contract to be awarded hereafter, and said Incarise cabecause Of or as a result of any errors or omissions on the part of theArchitect, said increased costs shall not be the cause for or the basis for an increase in the basic compensation to be paid to the Architect. In addition, the Architect stall be liable for and shall reimburse the City for all incriabod costs so Incurred, including but not limited to, redesign costs and increases in the construction costs. 14.3 Errors and Omissions Insurance. During the entire term of this agree- ment and any extension t mcif, the Architect stall maintain at his sole expense in full force and effect good and sufficient insurance placed with a company authorized to do business in the State of Maine providing for errors and omissions coverage, payable t0 the City Of Bangor, for aprom and omissions committed or alleged to have been committed by One Architect, and arising out of the performance of the services pro- vided for in this agreement. In conjunction therewith, the Architect shall supply to the Owner a certificate evidencing the existence and maintenance of such insurance during the entire term of this agreement and providing coverage in the following limits: Per Claim Limit of Liability $250,000.M Aggregate Limit of Liability 250,000.00 14.4 Termination by Owner. Notwithstanding any other provisions In this agreement, in the event this agreement may be terminated due to the fault of the Architect, the Architect shall be paid for the services per- formed t0 said termination date; provided, however, the Owner will not be liable to the Architect for any additional compensation or damages. This Agreement executed the day and year first written above. Owner - Arch ect . Acting City Manager, City of Bangor Eat W. arball & Associates, Inc. Eat W. Tarbell, A. I., President