HomeMy WebLinkAbout1968-02-26 71-V ORDER]1-v
Introduced by Councilor McKay, by request,
February 26, 1966
u CITY OF BANGOR
(TIRE) VtlXI}Ma---_ Authorizing-
City Manager to Ex cute AgreementFra,rcra__.
By be; City Cougar! of the City of Bangor:
ODDF@E%
TMT the City Manager he son is hereby authorived to enter into an
agreement,on behalf Of the City for architectural services in connection with
the remctleling of the Terainal Building located at Dow Field, with Francis J.
Zelc, Architect; the agreement to be in accordance with the A.I.A. rates for
remodeling.
]1-v
1188 fre 21-x! 4.19 -
ORDER
CITY CI ERA'S OFFICE
St @LIAf Title,
a
Authd Ci/`y Ma �a9es to Ete cute Agree=
IN CITY COUNCIL
Feb. 26, 1968
PASSED by the following yes ana
no vote: Councilors voting yes.
Brwn, Houston, Pont, MCKayr
Porter. Councilor voting no;
Barry. Councilors absent mnsky.
Ealdacci, Ballon.
CITY
.^'994:: Fr..... 1. zell
............
/I\IInn✓trorod'u�ce'dand filed by
Comc3lm�
THE AMERICAN INSTITUTE OF ARCHITECTS
6
AIADocument 8131
Standard Form of Agreement Between
Owner and Architect
PERCENTAGE OF CONSTRUCTION COST
AGREEMENT
made this day of in the year of Nineteen
Hundred and
BETWEEN
the Owner, and
the Architect.
It is the intention of the Owner to
hereinafter referred to as the Project.
The Owner and the Architect agree as set forth below.
:.E.°w`.E.'"c`w"itm', .oW."uo"i:F`c"rsIT�.`u`rviw`v KAVENUE N`.w.. w..wiwm", DC RUE t
I. THE ARCHITECT shall provide ptoleu Tonal services for the Project in accordance with the Terms
and Conditions of thus Agnermerf.
11. THE OWNER shall compensaR the Architect, in accordance with the Terms and Conditions of
this Agreement, as follows:
a. FOR THE ARCHRECT'S BASIC SERVICES, as described in Paragraph 1.1, a Basic fee computed
at he following percentage of the Construction Cost, as defined in Amde 3, for portions of
The Project to be awarded under
A Single Stipulated Sum Contract per cent I %1
Separate Stipulated Sum Contracts per cent ( %)
A Single Cast Plus Fee Contract per cent ( %)
Separate Cost Plus fee Contracts per ant ( %)
b. FOR THEARCHITECT'S ADDITIONAL SERVICES, a described In Paragraph 1.3, a lee computed
as follows:
Prmcipak' time at the hired rare of dollars ($ 1
per hour. For the purposes of this Agreement, the Principals are:
Employee' time computed at a multiple of ( )
Imes the employees' Direct Perwnnel Expense as deined in Article 1.
Additional service of pmfesional Cur ultamsengagedforthenormalsrrucNnl,me-
channal and electrical engineering services at a multiple of
( ) times the amount billed to the Architect be such additional services.
c. FOR THE ARCHITECTS REIMBUSSABEE EXPENSES, amounts expended as dented in Article 5.
d. THE TIME AND FURTHER CONDITIONS OF PAYMENT shall be az described in Anicle 6.
0 THE DOCUMENT
mnnure OF �RC ix TECTA To Dowa YORK noun[ Russ,, WnSHITp), EDITION CatA
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE l
ARCHITECTS SERVICES
1.1 BANC SERVICES
The Architects Basic Services mnsisr of the five
pbasn described below and include normal srrm
total, mechanial and elecrucal engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 Me Architect shall consult with the Owner as
Brain the norprept of the Project and shall confirm
Durr requirements to rue Owner.
1.1.3 The Architect shall prepare Schematic Design
Studies consisting of drawings and other documents iflus;
-
tratingthe scale and relationship of Project components
for approval by fire Owner.
1.1.3 of The
Pr bwasubmit
to the nevaSpite
park Probable ConsonCost basedon current
-
area volume or other unit costa
DESIGN DWROPMEM PHASE
1.11,11 The Artritect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Dotimenrs wnsisring of drawings
o
and ther doamems to fix and describe the size and
Character of the entire Project as to structural, mecham
cal and electrical systems, materials and such other essen-
tials as may be appropriate.
1.1.5 The Architect shall submit m the Owner a further
Statement of Probable Construction Cast
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved De-
sign Development Document; for approval by she Own
-
ep Working Drawings and Specifications setting bnb in
detail the requirement for the construction of the entire
Project including the necessary bidding information, and
shall assist in the preparation of bidding forms, the Con-
ditions of the Contract, and the form of Agreement be
OR,,, the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any ad-
justmentstopreal Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditbns.
1.1.0 The Architect shall assist the Owner in filing the
required document far the approval of governmental
finMonues having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following she Ori approval of
the Construction Document and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or maintained proposals, and in awarding
and preparing construction mntraCtc
CONSMUt ON PHA.S DWNIS TION
OF THE CONSTRUCTION CONT UCE
1.1.10 The Construction Phase will commence with the
ward of the Construction Contract and will to
when final payment is made by the Owner to the Cone
natter.
1.1.11 The Architect shall provide Administration of the
Constmcton Contract as set fort in Articles'I through 10
inclusive of the General Conditions of the Contract for
Construction, AIA Document ARM, Tench Edition dated
September 1966, and the mein of his dunes and respon-
sibilities and she limitations ofbis authority M assigned
thereunder shall not be modified without his written
consent
1.13 The Architect, M the representation of the Owner
during the Construction Phase, shall Fuji and permit
me Owneran of Owner's inst uctiom to the
Connector sM1all be issued through the Architect. The
Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions
unless otherwise modified in writlng.
1.1.13 The Architect shall at all times have access to
the Work wherever it is in preparation
or Former,
1.1.14 The Architect shall make periodic visit to the
site to familiarize himself generally with the progress and
quality of the Work and to determine in school If the
Work is proreeding in accordance with the ContractDoc-
t. On the bags of his on-site observations as an
Architect' he shall endeavor to guard the Owner spirit
defects and deficiencies in the Work of the Contractor.
The Architect ARE not be required to make exhaustive
inspections to check the quality O
quanfryni
of the Work. The Architect shall not be responr
Bible for cD methods, techniques, se
uNDn m
puenres or nprwaction em for safety aor nd he ons and
bprograms fn connection Cwithontrary,',
the Work,and
ilure to ars out not
bry out the
e
in accordancele for ew �h th, Contract Document.
1.1.15 m Based on rich aberrations at me and ON TM1e
Issue C
France
edge, information and belief, the quality of the Work Is
In moan with the Contract Documents (subject to
en evaluation of the Work as functioning whole upon
Substantial Completion, to the results of any subsequent
rests required by the Contract Document, to minor
AN DOCUMENT OR
0 THE AMERICAN I hel OWNER HISTECTS, 17Ds NOW YORK AVOLE Mew, WASHINii� oc mM
deviations from the Contract Documents c rreckable
prior to completion, and to any specific qualifications
cured in the CetiOcate for Payment); and that Line Con
-
tractoris emitted m payment n the amount certified. By
bewing a Certtfcate for Payment, due Architect shall not
deemed to represent that he has made any examina-
nto ascertain how and for what purpose the Contnc-
torhas used Me moneys paid on account Of the Contract
Sum.
1.1.16 The Architect shall be, in the first instance, the
interpreter Of the requirements of fine Conind Docu-
ments and the impartial judge of the performance Mere -
under by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Con-
traccurr ning Ed the em and progress of the Work
and or ell other o� qua related thereto.
The Architects decisions in mattersmisting HE artistic
Direct shall As final If consistent with the Indent of The
Contract Document.
1.1.17 The Architect shall have authority to reject Work
whim Sum net conform to the Contracroocumems. The
Architect shall also have authoritytorequiretheContrac
-
nopthe Work whenever in his reasonable opinion
it may bencssary for the proper performance Of the
Contract. The Architect shell not be liable to the Owner
for the consequences Of any decision made by him in
good faith either to aercte or not W oweise his author-
ity W TWO the Work.
1.1.18 The Architect shall rev and approve shop
drawing, samples, and other submissions of the Contac
for only for commmunce with the design concept Of the
Project and for compliance with the information given
in The Contract Document.
1.1.19 The Architect shall prepare Change Orders
1.1.20 The Architect shall conduct inspections W Be-
ne the Dafss of Substantial Completion and Final
Completion, shall receive written guarantees and related
documents assembled by the Contractor and shall issue
final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the
SITE or tis of the Con any Subcontractor,,
any of the Coder or 5ubccntrachms agent o
employees, or any other persons performing any of the
Work
1.2 PROJECT MMFSFNFATJON BEYOND BASIC SMVI¢
1.2.1 If m representation at the site than
is described ndeeHbparagaphT 1.110 through FAST
-nduswe t required, and it the Owner and Architectagrees
the Architect Shall pmvme one or more Full-time Project
Representatives to assist the Architect.
1.22 Such Full-time Project Representatves shall be
selected employed and directed by She Ambi and the
Arcbi act shall be compensated therefor as mutually
agreed between the Owner and the Architect as Tet both
in an exhibit appended To Pi T Agreement.
1.23 The duties, respromibi0des and limitations of au-
Mortty of such full-time Project Representatives shall be
set NOT in an exhibit appended He this Agreement
13.4 Through the none observations by Full-time Proj-
ect Reprc nmUvm othe Work in progress, the Architect
shall endeavor HE provide further promotion for the
Owner against defect in the Work, but She furnishing of
such project representation shall not make the Ambitett
wimWork in l
e for the in accorrdance with the Contract Dowor's failure to mennm iM1e
1.3 ADDITIONAL SERVICES
The following seMces are not covered in Paragraphs
11 or 13. If any of these Additional Services are
authonzed by tine Owner, they shall be paid for by
the Owner, as hereinbefore provided.
1. 3.1 Providing special analyses Of the Owner's needs,
and programming the requirements of the Project.
133 Providing financial ficomilay or other special
studies.
13.3 Providing planning surveys, site evaluations, or
comparative studies of prospective sites,
13.4 Making mred drawings of misting constru
BAD when required for plannma additions alterations
thereto.
1.35 Revising previously approved Drawings, 5pechoo
cions or other document to accomplish changes not mut-
ated by the Architect.
1.3 .6 Preparing Change Orders and supporting data
where the change in the Basic Fee resulting from the ad-
Iumid Contract Sum is not commensurate with fire Archu-
teasservicesresolved.
1.3.7 Preparing document for alternate bids requested
by tine Owner.
1.18 Providing Detailed Estimates of Construction
Cost.
1.3.9 Providing conrvltllion concerning replacement of
any Work damaged by fire or other cause duringconstruc-
tion, and furnishing professional service, of the type set
forth in Paragraph 1.1 as may be required in connection
with me replacement Of such Work.
1.110 Providing profe ional sessions made neeessary
by the default of the Contractor in the performanceof the
Construction Contract
1.3.11 Providing Contract Administration and ob Na-
tion of construction after the Contract Time has been "I
cageded by more than twenty per sent through no fault
of the Architect.
13 12 furnishing the Owner a set of reprodudble me-
Ortl pant of drawings showing significant changes made
during the construction process, based On marked up
rumm drawings and other data furnished by tine Comrac-
for o the Architect.
1.3.13 Providing services after final payment to the
Contractor.
1.3.14 Providing interior design and other servtas re-
quired for or In connection with the eel«tion of furni-
ture and furnishings.
1.3.15 Providing sewlinds as an Depen witnm in
son-
nection with any public hearing, arbitration proceeding,
or the pma ingofa court Of record.
1.3.16 Providing servires for planning tenant Or rental
spars
AILA DOCUMENT MarsALAN
@THEANmhpn hnshanrra OF ARCH" ci 17M New Yoii �VTNVE. KEY. WASH Ise ON, DC ma
ARTICLE 2 3.1.1 For Completed Construcfon, the total DOE OF all
such Work;
THE OWNER'S RESPONSIBILITIES
3.1.2 for work not constructed, the lowest bona fide
2.l The Owner shall provide full information regarding bid rerelvedfrom a qualified bidder for ads or all of such
his requirements for the Project work; or
23 The Owner shall designate, when necessary, a rep- 3.13 For work for which bids are not received, (1) the
:¢native authorized to actin his behalf with respect to latest Der iIM Cost Estimate, or Q) the Architects latest
the Project. The Owner or his representative shall exam- Statement of Probable Construction Cost.
rue documents submitted by the Architect and shall
render decisions pemaining thereto promptly, to avoid 3.2 Construction Cost does not include the fees of the
unreawnabfe delay in the progress of the ArchiteRs Architect and Consultants, the cost of the land, right -of -
work. way, or other cock which are the responsibility of me
Owner az provided in Paragraphs 23 through 2.6 Inclm
23 The Owner shall furnish a cert0ed lam SUNWof me Ave.
site giving, as applicable, grades and lines Of streets,
alleys, pavement and adjoining property; rights of way, 3.3 Labor furnished by the Owner for the Project shall
restrictions, easement,, encroachments, zoning, deed rt- be included in the Construction Cost at current market
strictions, boundaries andcontours of the site: locations, rates. Matenak and equipment fumished by the Owner
dimensions and complete data pertaining to exisms; shall be 'mduded at current market prices, except that
buildings, other Improvements and tree; and full infor- used materials and equipment shall be included as if
Mellon Concerning available scram and utility lines Wm purchased new for the Project.
public and prom. 3A Statement, of Probable Construction Cwt and Do
2A The Owner shall Oman the services of a soils an tailed Cost Etimates prepared by the Architect represent
gineeq when such service; are deemed necessary by his bet judgment as a design pmt Tonal familiar with
the Architect, including reports, fest borings, test pi6, the construction industry. It is recognized, however, that
soil bearing values and other necessary operations for neither the Arum cf nor the Owner has any control over
determining mbsoil conditions. the wt of labor, materials or equipment over the Dun
2S
n25 TM1e Owner shall furnish structural, mechanical, tractors' methods of determining bid process orovermm-
cbemiral and other laboratory test, inspections and re- petitive bidding or market conditions. Accordingly, the
Proms as required bylaw or the Contract Document. Arcbitectcannot and does notguarantee that bids will not
vary from any Statement of Probable Construction Cwt
2.6 The Owner shall furnish such legal,accounting and or other Fest estimate prepared by him.
n lling servicenecessary s as may be for the
Project, and such auditing service az he may require to 34 When a fixed limit of Construction Cost is eshb-
scemain how or for what purposes the Connor has fshed az a condition of this Agreement, it shall include a
used the moneys paid W him under the Construction bidding contingency of ten per cera unless another
Contract, amount is agreed upon in writing. WM1en such a fixed limit
2A The services, information Runways ad repoT m, mine
the Architect shall be permitted to decer
Is What materials, equipment, component systems and
stopped by Paragraphs 2.3 through 36 inclusive shall be types of constructed are to be included in the Contract
furnished at Owners expense, and me Architect shall Documents, and In make reazonable adjustments in Ne
be entitled ro rely upon the accuracy thereof scope of the Pryi to bring if within the fixed limit. The
28 If me Owner observe or otherwise becomes aware Architect may also include In the Contract Document
of any fault or defect in the Project or non-conformance alternate bids to adjust the Construction Cast to the fixetl
with me Contract Document, he shall give prompt writ- limit.
Dan noire thereof W the Architet. 3.5.1 If the lowest bona fide bid, the Detailed Cast Esti'
2.9 The Ownershall furnish lnbrmatian required of him mare or the Statement of Probable Construction Costex-
as em itiously az neressary Or the patent, progress of meds such fixed limit of Construction Cost (including the
the Work, bidding contingency) established az a Condition of this
Agreement, the Owner shall (1) give wrimn approval Of
an increase isuch fixes limit, Q) authorize rebidding
the Project within a reasonable time, or 0) cooperate in
ARTICLE 3 create the Project scope and quality as required to rs
duce the Probable Construction Cwt. In the rase of (3)
CONSTRUCTION COST me Ardj without additional charge, shall modify
the Drawings and Specifcadons as necessary to bong the
3.1 Construction Cwt to be used as basis for deter- Construction Cwt within Ne fixed limit The providing of
mining the Architects Fee for all Wok designed or spi this service shall be the limn of the Architect's reponsi-
Exist by me Architect, including labor, materials, tamp- biliN In this regard, and having done so, the Architect
mentand furnishings, shall be demrmined as follows, with shall be entitled to his fees in accordance with this
Precedence in Me Omer listed Agreement.
mTEiio¢oivH,ENEAeipEucI�sninaioaz
Humuimne iCIE m Wviwwsii, C� S
ARTICLE 4
DIRER PERSONNEL EXPENSE
Al Direct Personnel Expense Of employees engaged On
the Project includes s[M1itttts, engineers, designers, job
Captains, draftsmen, specification w and typists, m
mh and design, in producing Drawing,
Specificaresea
Specifications and other documents pertaining to the
Project, and in services during wnsWction at the site.
4.2 Direct Perwnnel Expense includes Cost Of salaries
and of mandatory and customary benefits such as shall
tarry employeebenefit, insurance, sick lave, holidays and
vacations, pensions and similar benefits.
5.1 Reimbursable Expenses are in addition m the Fees
for Basic and Additional Services and include actual ex-
penditures made by the Arcnitec, his employees, or his
consultants in the interest of the Project for the followmg
incidental expenses listed in the following Subparegrad s:
6.1.1 Expense of with the transportation and Irvor other
Navel-
Ing
ave4
Ing in from the Colin 1M1e Project for or to than reg-
cularalls and
from the office m the site, and for long distance
calls and pinseof.
5.1.2 gs and Sp reproductions, excluding
postage and handling Meet -
sects
Drawings and Specifications, esets at touch wpphase orche
s office tare and appfate sen at spas phase Poring
Ownels review and approval; and fees paid for recurring
approval ofnforizitieshaving
vajue by the over caner, ThePro¢x-
persct
If authorized in advance by the Owner, the la
pens¢ pe cave work requiring a OAA than regular
rebs; ppecial on o models kr the the nor a and
feeofscecialcaland ntsforother than the normal
Nnl, mecM1anial and elewical engineering services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6A Payments on account of the Architect's Basic Serv-
es shall be made as follows.
6.1.1 An initial payment of ewe per cern Of the Basic
For calculated upon m agreedrimated Fort of the
Project payable upon execution of the Agreement, is the
minimum payment under this Agreement
6.1.2 Subsequent payment shall be made monthly in
proportion b aerv¢es performed to increase the compen
Textron for Basic Services m the following percentage of
the III Fee at the Completion of acts phase of the
Work:
Sdiematic Design Phase ......... 15%
Design Development Phase 35%
Construction Documents Phase ... 75%
Bidding or Negotiation PM1ase ... W'h
Construction Phase .............. 10('A
6.2 Payments for Additional Services Of the Architect as
defined In Paragraph 1.3, and for Reimbursable Expenses
as defined in Article 5, shall be made monthly upon
premnbtion of live Arcbiti statement Ol serviees ren-
dered.
6,3 NO deductions shall be made from the Arcn'uec[s
Compensation o nt Of penalty, liquidated dam-
ages, o other sums withheld irom payments to con
tactors.
6.4 If the Project is suspended for mom than three
months or abandoned in whole or in par, the Architect
shall be paid his Eres for Services performed prior to re
Caird of written notice from the Owner of such Down
-
sion r abandonment together with Reimbursable Ex
-
pensesthen due and all terminal expense resulting from
such suspension or abandonment.
ARTICLE
ARCHITECT$ ACCOUNTING RECORDS
Records of the ArchiteRs Direct Personnel, Consultant
and Reimbursable Expenses perbimng No the Project, and
records of accounts between the Owner and the Com
tractor, shall be kept On a generally recognized accounting
basis and shall be available m the Owner or his mill
Ized represenrnive at mutually convenient times.
ARTICLE B
TERMINATION OF AGREEMENT
This Agreement may be terminated by either parry upon
seven days' written nonce ehonid the other parry fall
substantially to perform in accordance with its
through no fault of the other. In the event of rerminanon
due to Ne fault of others than the Archrect the Archn
tett shall be paid his Fees for Services performed to ter
-
ination date, including Reimbursable E.penses then due
d all terminal expense.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifcadons as instrument Of service
am and shall remain the preperthof The Architect whether
the Project for which they are made is exewted or not
They are not to be used by the Owner other projects
inextensions to this Project except by agmement In writ-
ag and with appropriate Compensation to the Architect
AO
THEARN piinmiurE OFARCunyroor Ini xcw vole" THEN icwsEwAAmKGGox. o c Con
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his
partners, successors, assigns and legal reprecemateec by
the other parry to This Agreement and to the partners,
succassom,
assigns and legal representatives of such other
Wily with respect to all cov mans of this Agreement.
Ni the Owner nor the Architect shall assign, sublet
or transfer his interval
n this Agreement without the
wnven consent of the other.
ARTICLE ll
ARBITRATION
11.1 All Cents, disputes and other matters in question
Adding out of, or retoo
breach thereof shall beanindecided bhiz Agreement or the
y arbitration In aaoN-
with
rithe CornmeniA Industry Arbitration ingRulesThis The ementsocan to arbittate shallb specifically
thenobtainingenforceable
able
agreement zotoling arbitration
be spedlirally enforceable
under the prevailing demand
fo law.
ll$ Noire of the demand fortronsion seal) be filed!
in venting with the
rM1e ocher parry to tFtonsAgreement and
sothe American Arbitration bletimeaf The demand
sM1all be made within a reasonable dote after The claim,
dispute on other matter in question has arisen. In n
EVENT shall the demand for arbitration be made after
institution of legal or equitable proceedings bash o
such claim, demons or other matter I, question would
be barred by the applicable statute of limitations.
113 The award rendered by the arbitrators shall be final,
and judgment may be entered upon ii In any Court having
jurisdicdan thereof.
ARTICLE 12
This Agreement repressurs the entire and integrated
agreement between the Owner and $a Architect and
supersedes all prior negirroo mis presentations or
be�mends, Doty writtenmas writteor oral. This Agreement may
Owner and Architect instrument signed by
APRT LE LAW
Unless otherwise specified, this Agreement shall be Eye,
erned by the law of The principal place of business of The
Architect.
0ix[AMERMewirvninie nai µpilMlt 1735 ti[w Mie AVENUE NA, Wuxmc a:, oio ARM
ME
This Agreement executed the day and year first written above.
Archltecra keglatrauon No.
AIR INOI 0131 - ® THEeaiun�.r.nmror..<.Ireo l7eNEwvoexnvENUE, BA..ECT AGREEMENT FARMINGTON, " w®
AMI