09. Consultant Agreement - Bruckhauser Pool4D City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Michael Baker, Director of Parks and Recreation
SUBJECT: Consultant Agreement - Bruckhauser Pool
MEETING DATE: July 2, 2001
BACK GROUND: Earlier this month a request for architectural and engineering
proposals to design and construct a new aquatic facility were solicited. At a
Council Workshop held May 30', three (3) presentations were previewed by the
City Council and a selection committee. Following the presentations, Architects
Design Group was selected to submit contract proposals to develop and design the
aquatic facility.
The enclosed agreement is based upon the standards of the American
Institute of Architects. The design phase services identified as "Pre -Funding
Programing" will be compensated at $90,988.00. This "Pre -Funding Programing"
phase takes the project through bond approval. The total project services for
architectural and engineering compensation is: $283,775.00. Based on average
consultant fees for this type of project, the proposal from Architects Design Group
falls at the low end for basic design fees.
The mechanism for funding the project and the project budget has not been
determined at this time. The architect and his team will initially provide "Pre -
Funding Programing" services and "schematic design" services to assist the City in
total project definition, inclusive of pool, bathhouse, concessions and related site
development. At such time that funding is determined and approved, the Architect,
upon notification from the City, will proceed with remaining services, including
construction specifications, bidding, and construction inspections.
RECOMMENDATION: The City Council approve the agreement with Architects
Design Group in the amount of $283,775.00 for architect and engineering fees plus
$46,646.00 in reimbursable expenses. Article 1.4, Exhibit A, Page 8, Section E of
the Agreement lists the $46,646, which may or may not be part of the project
expense but requires budget authority. (Total: $330,421.00)
FISCAL EFFECTS: The design phase services identified as "Pre -Fund Programing"
will be compensated at $90,988.00. From the original pool bond we set aside
$32,000 last FY 2001. Currently there is $32,000 budgeted for FY 2002. We will
need to appropriate the original $64,000, plus an additional $26,988.00, for a total
budget authority of $90,988.00 (of which — if bonding occurs — all $90,988.00
can be eligible for reimbursement).
After project funding is determined, the remaining $192,787.00 can be made
available through bonding procedure.
The total project services for architectural and engineering compensation
plus reimbursable expenses is: $330,421.00
ALTERNATIVES: As suggested by Council
Respectfully submitted,
cT.
z�;rL
Michael l3aker
Director of Parks & Recreation
Attachments -
Draft Agreement
Chris A. Kukulski
City Manager
Report Compiled June 28, 2001
Architects
Design
Group
Nurnt?er f,+nu sunxnt FLad.,� Oiallsprli, M'I" 5:!3J01
406-257.7125 rAx:406-7%-3409
June 20, 2001
City of Kalispell
Parks & Recreation Department
P.O. Box 1997
Kalispell, Montana 59903-1997
Attn: Mike Baker, C.L.P., Director
Re: Kalispell Leisure Aquatic Facility
Agreement Proposal
Dear Mike,
Enclosed, are two copies of our proposed Agreement, A.I.A. Document B141-1997, for your review and
comment. The Agreement consists of three parts. The first, "Standard Form of Agreement Between
Owner and Architect" defines the project, consultants and fees. The second part, "Standard Form of
Architects Services: Design and Contract Administration" addresses services through construction.
Exhibit "A" attached to this Agreement address services in detail, and defines the role of each consultant
at each phase of the project.
The agreement is based upon the standards of the American Institute of Architects and is electronically
formatted. Revisions by addition are underlined, and deletions by striking through the text. However, the
original text is not removed so your review may make reference. We have made minor modifications to
the standard content based upon previous requests by other government entities. These changes
generally deal with termination language and method of record keeping. Other minor changes have been
made to reflect our understanding of the project's specific requirements.
The fees proposed are defined in Article 1.5, and further identified in Exhibit A. These services are
divided into service groups. These groups include your request for Pre -funding Programming, Basic
Design of the Bath House and Pool. The project requires several other special services not always
required. These are identified as Designated Services and include civil engineering, landscape
architecture, in --depth costing and possibly security electronics.
We have asked our consultants to estimate Reimbursable Expenses. Not a part of the compensation
received by the design team, these expenses generally relate to travel, printing and communications
costs that may or may not be incurred as the project proceeds. We recommend that these costs be
considered a "pool" to draw from as the expenses occur. The proposed Agreement and Exhibit "A"
addresses these items.
Please review and advise any comments you may have regarding any portion of the proposal. If the
Agreement is satisfactory, execute both copies and return one to our office for our records.
Ason, A.I.A.
Cc.: File
loN Y:. ptt-js Al r'!!:.r,.:cI A AL•sainnson;A.tA. (;Icn U.Anacker.AIA. Frank J. di Stetina. A.LA
I
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
AIA Document B141 -1997
1997 Edition - Electronic Format
This document has important legal consequences. Consultation with an a urney is encouraged with respect to its completion or modification. AUTHENTICATION
OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
Copyright 1917. 1926, 1949, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977. 1987, 01997 by The American Institute of Architects. Reproduction of
the material herein in substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States and will subject the
violator to legal prosecution.
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made as of the First day of June in the year Two Thousand and One
(In words, indicate day, math and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
City of Kalispell P.O. Box 1997 K liaWll Montana 59903 1997
and the Architect:
(Name, address and other information)
Architects Desis n. Qmp 1 Sunser Plaza. Kalispell. Montana 59901
For the following Project:
(Include detailed description of Project)
City of Kalisppll Leisure Aquatic Facility
The Owner and Architect agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposttion for the following items by inserting the requested information or a smtemem sash w Trot applicable," "unknown at time of execution"or
"to be determined later by mutual agreement ")
vu.y r-.�vuii,.4.a will
initially provide e e said ne programming"services and "Schematic Design" &9ED to assist the Owner in oroiect definition
These services are described bit_A", dated June 1 2001 attached wr
determined and ov required b aw.notification
— 3� ��ment.__& suc time this dine s
a e�� t e Architect upon no[ification� t e Ownereed with the remaining
services.
AIA DOCUMENT B141-STANDARD FORM AGREEMENT - 1997 EDITION - ALA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format B141-1997
User Document: 01-131 -- 6/20/2001. AIA License Number 111724, which expires on 2/l/2002 -- Page #1
1.1.2 PROJECT PARAMETERS
1.12.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
Park. Kalispell Montana. The [tool facilit, will generally include the vool bathhouse concessions and related site development.
1.12.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent infannadon, such as geotechnical reports abaat the sie.J
Site imnroyements include utilities required for the operation of the pool facility roadways and parldne within Woo and Park at
t e site area, and lanscaome Also included are services related to selective demolition of Portions of the existing Bmckhauser
pool.
1.1.2.3 The Owner's Program is:
(Identify docu nemadon or state the manner in which the program will be developed)
33g Owner does not have -a PrDpram document at the time —of execution of this Agminent.- Programming assistance will he
provided by the Architect as described in Exhibit "A" of the Agreement
1.1.2.4 The legal parameters are:
(Idenssfy pertinent legal i4armation, including, if appropriate, land surveys and legal descriptions and restrictions of the site.)
The Site is located on City proPCrty near the northeast corner of Woodland P rlr Kalispell Montana
1.1.2.5 The financial parameters are as follows.
1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: Not defined at the
time of Agreement execution
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: Not defined at
the dme of Agreement execration
1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dares, durndoas ar just track scheduling.)
Funding Uptoval,—NDve ben2001
Construction Begins: hvaf y
Owner 0 magcm.)buy 2m
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such w rompedrive bid negotiated contract, or construction mmwgement)
Competitive Bid.
1.1.2.8 Other parameters are:
(Idenrijy special characteristics or needs of the Project such air energy, environmental or historic preservadon requiremeas.)
None identified at this time.
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
(Ust name, address and other igferotation.)
Michael Baker C L P Director Parks and Recreation City of KaliVell
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's
submittals to the Owner are:
(List name, address and other inforrnanua)
City Council for the City of KahsMll.
1.1.3.3 The Owner's other consultants and contractors are:
ALA DOCUMENT B141STANDARD FORM AGREEMENT - 1997 EDITION -ALA -COPYRIGHT 1"7 -THE AMERICAN INSTITUTE OFARCHII'ECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution This document was electronically produced with permission of the ALA and can be reproduced without violation until the date of expiration
w noted below.
Electronic Format B141-1997
User Document: 01-131 — 6120/2001. AIA License Number 111724, which expires on 2/l/2002 --Page #2
(List discipline and, if known, identify them by name and address.)
None identified at this time
1.1.3.4 The Architect's Designated Representative is:
(List name, address and other informntion.)
Montana.
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and. if known, identify them by none and address.)
1.1.4 Other important initial information is:
Exhibit "A" of the Agreement defines tasks and related ComMnsation
Security Electronics design fees have not been finalized at the time of execution of this Agreement The need for this service has
been established but the scope not defined When the scoM is defined fees will be negotiated as alleeable between Owner and
Architect
1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract
for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows:
A.I.A. Document A 201.
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining
the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner
and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with
Paragraph 1.3.3.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement Both parties shall endeavor to maintain good working relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding
requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written
request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work.
The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the
Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a
corresponding change in the Project scope and quality.
AIA DOCUMENT B141-STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expirafion
as noted below. -
Electronic Format B141-1997
User Document: 01-131 -- 6/20/2001. AIA License Number 111724, which expires on 2/l/2002 -- Page #3
1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf
with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner
pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of
the Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the
Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required
by the scope of the Project.
1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or
the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for
hazardous materials.
1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably
necessary at any time for the Project to meet the Owner's needs and interests.
1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in
Article 1.4.
1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Project. The Architect shall submit for the Owners approval a schedule for the performance of the
Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall
be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the
Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having
jurisdiction over the Project Time limits established by this schedule approved by the Owner shall not, except for reasonable
cause, be exceeded by the Architect or Owner.
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's
behalf with respect to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the
Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's
consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner.
1.2.3.5 Except with the Owners knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with
respect to this Project.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond
in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the
Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions
or inconsistencies in such services or information.
AIA DOCUMENT 0141-STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCIRTECrS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format B141-1997
User Document: 01-131 -- 6/20/2001. AIA License Number 111724, which expires on 2/l/2002 -- Page #4
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the
Owner of all elements of the Project designed or specified by the Architect.
1.3.12 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or
supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance
for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the
time of bidding and for changes in the Work.
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the
land, rights -of -way and financing or other costs that are the responsibility of the (Tuner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the
Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's
consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, including copyrights.
1.3.22 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's
Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall
comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain
similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement
prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further
reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and
reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement,
the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project.
1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to
another party without the prior written agreement of the Architect However, the Owner shall be permitted to authorize the
Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the
Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection
with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's
consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other
projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized
use of the Instruments of Service shall be at the Owners sole risk and without liability to the Architect and the Architect's
consultants.
1.32.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the
Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement
AIA DOCUMENT B 141-STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This domatent was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format B141-1997
User Document: 01-131 — 6120/2001. AIA License Number 111724, which expires on 2/l/2002 -- Page #5
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished
after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances
beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of
mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or
a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect
shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the
Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable
Expenses described in Subparagraph 1.3.9.2 and Paragraph 1.5.5.
1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an
appropriate adjustment in the Architect's schedule and compensation.
.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to
previously prepared Instruments of Service;
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity, the Owners schedule or
budget, or procurement method;
.5 failure of performance on the part of the Owner or the Owners consultants or contractors;
.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except
where the Architect is party thereto;
.7 change in the information contained in Article 1.1.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as
a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or
is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration.
1.3.42 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by
mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation
Rules of the American Arbitration Association currently in effect Request for mediation shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a
demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings,
which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the
Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
AIA DOCUMENT BI4ISTANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with pemdssion of the AIA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format B141-1997
User Document: 0 1- 131 -- 6/20/2001. AIA License Number 111724, which expires on 2/1/2002 -- Page #6
1.3.5 ARBITRATION
1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration.
Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3.4.
1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by
arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Association.
1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has
arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based
on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.
1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other
manner, an additional person or entity not a parry to this Agreement, except by written consent containing a specific reference to
this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration
involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to
arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall
be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.
1.3.6.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or
relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's
termination in accordance with Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise
provided in Paragraph 1.4.2.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the date of this Agreement
1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion
for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for
acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any
later than the date when the Architect's services are substantially completed.
1.3.7A To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions
of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall
require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
enumerated herein.
AIA DOCUMENT B141STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was electronically produced with permission of the ALA and can be reproduced without violation until the date of expiration
as noted below.
Electronic Format B141-1997
User Document: 0 1- 131 — 6/20/2001. AIA License Number 111724, which expires on 2/ l/2002 -- Page #7
1.3.7.6 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for
the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any
form at the Project site.
1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the
Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make
such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the
Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or
proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.
1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted
to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to
execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect
to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of
the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such
event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents
reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.&1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered
substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of
services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give
seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner
for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be
paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.
The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
1.3.82 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for
services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for
expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services
and the time schedules shall be equitably adjusted.
1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect
may terminate this Agreement by giving not less than seven days' written notice.
1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other parry
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
ALA DOCUMENT B141-STANDARD FORM AGREEMENT - 1997 EDITION - ALA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINOTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
violator legal prosecution. This document was elearnnically produced with permission of the AIA and can be reproduced without violation until the date of capitation
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Electronic Format B141-1997
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1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed
prior to termination, together with Reimbursable Expenses then due and all Termination Expenses -as, definedti»-gebp aplr
1.3.8.1.
1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of the Architecfs statement of services. No deductions shall be made from the Architect's compensation on account
of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
Work other than those for which the Architect has been adjudged to be liable.
1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the
Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic
communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plats; standard form documents, postage, handling and delivery of Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional
insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the
Architect's consultants;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project -related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the
basis of hourly rates er-a maple-ef Bireett Peesennel E-Apense shall be available to the Owner or the Owner's authorized
representative at mutually convenient times.
1.3.9.4 13ireet Personnel Expense -is defined -as the direct of th9rehiteeEapersonnel engaged -en -the Prejeet and like
portion of the eest of their inandmey and eusfeam y eentributiees and benefits related thereto, sueb-esempleyinent taxes-andother stattitM employee benefits, insuranee: siek leave, holidays, v Ong, and --,—,Iar eButrib"ons.
-
AIA DOCUMENT B141-STANDARD FORM AGREEMENT - 1997 EDITION - AIN - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
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ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the
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. This Agreement comprises the
documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B 141-1997.
1.4.12 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or as follows:
(List otherdocuments, if my. delineating Architect's scope of services.)
Standard Form of Architecfs Services, Design and Contract Administration A.I.A. Document B141 1997
1.4.1.3 Other documents as follows:
(List otherdociumms, if nay, forming part of the Agreement.)
Exhibit "A" Fee Proposal Attached
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
Exhibit" Identifies = estimate of Reimbursable Expenses.- Became exact amounts cannot be identified, t e Owner and
Architect shall consider the amounts indicated as "Pool Amounts" to be drawn from. In the event the Architect believes these
amounts will be exceeded the Architect shall notify the Owner and adirst the pool amount estim= as equitably agreed between
Owner and Architect.
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows:
Pre -Funding Programming in Exhibit "A" Stipulated Sum $ 35,620.00 q
Total Compensation SStlpulated Sum $283.775.00
x 1.
Note 17 The basis of coglpensation for Designated Services is establised as individual Stipulated Sums of the Consultants to the
amounts indicated in Exhibit "A"
1.52 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be
adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph
1.5.2, in an equitable manner.
(Insert basis of compensadon, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify
employees, if required. Identify specific services to which particular methods of compensation apply.)
Basis of Compensation Hourly:
Architects Design CamW
Principal Archite $90.00 er Hour John$, Peterson. h is ael A. Absalonson. r�_L.1ft Stefano. Glen D.
Anacker
Architect $75.00 Per Hour
Architect -In -Training $65.00 per Hour
Draftsman $55.00 Per Hour
Clerical
$35.00 Per Hour
AIA DOCUMENT B 141-STANDARD FORM AGREEMENT - 1997 EDITION -ALA - COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. mpyright laws and will subject the
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as noted below.
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Interstate Engineering Inc
Principal Engineer
115.00 Per Hour
Project Engineer
$ 90 00 Per Hour
Staff Engineer
$ 58.00 Per Hour
Senior Technician
$ 67.00 Per Hour
Draftsman
$ 48.00 Per Hour
Clerical
$32.00 Per Hour
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and Two
Tenths ( 1.20 ) times the amounts billed to the Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of One and Two Tenths ( 1_20 ) times the expenses
incurred by the Architect, and the Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses, if any, are as follows:
None Identified at This Time.
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall
be adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of I&o Dollars ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment
under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be
made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement.
1.5.8 Payments are due and payable Thirty( 30 ) days from the date of the Architect's invoice. Amounts unpaid MIja ( 30)
days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from
time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon)
Legal Prevailing Rate
(Usury laws and requirements under the Federal Truth in Lending Act similar state and local consamer credit laws and other regubrdans at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision Specific legal advice should be
obtained with respect to deletions or modifuations, and also regarding requirements such as written disclosures or waivers.)
1.5.9 If the services covered by this Agreement have not been completed within Twenty -Six ( 26 ) months of the date hereof,
through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in
Paragraph 1.5.2.
This Agreement entered into as of the day and year first written above.
OWNER (signature)
(Printed name and title)
M&OA&Lv��
ARCHITECT (sign&&)
Michael A Absalonson A.I.A.Principal Architect
(Printed name and title)
AIA DOCUMENT B141-STA14DARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
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as noted below.
Electronic Format B141-1997
User Document: 01-131 -- 6/2O/2001. AIA License Number 111724, which expires on 2/1/2002 -- Page #11
Standard Form of Architect's Services:
Design and Contract Administration
AIA Document B141 -1997
1997 Edition - Electronic Format
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION
OF THIS ELECTRONICALLY DRAFrED AIA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT 13401:
Copyright 1917. 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 431997 by The American Institute of Architects. Reproduction of
the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United Stales and will subject the
violator to legal prosecution.
TABLE OF ARTICLES
2A PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2.8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the
Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue
progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those
services provided by the Owner and the Owner's consultants.
2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a
Project schedule that shall identify milestone dates for decisions required of the Owner, design services famished by the
Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of
the Work.
2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other
considerations based on program, budget and aesthetics in developing the design for the Project.
AIA DOCUMENT B 141-STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
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2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to
representatives of the Owner.
2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of
evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further
development of the design.
2.1.6 The Architect shall assist the Owner in connection with the Owners responsibility for filing documents required for the
approval of governmental authorities having jurisdiction over the Project.
2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the
Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design
process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the
preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of
the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's
estimate of the Cost of the Work exceeds the Owners budget, the Architect shall make appropriate recommendations to the
Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such
adjustments.
2.1.7.2 Evaluations of the Owners budget for the Project, the preliminary estimate of the Cost of the Work and updated
estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar
with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of
labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not
vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by
the Architect.
2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design,
bidding and price escalation; to deterntine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract
Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of
the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor
causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly.
2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to
the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the
construction industry.
2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Subparagraph 1.3.8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify
the documents for which the Architect is responsible under this Agreement as necessary to comply with the.budget for the Cost of
the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7. The
Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not
construction is commenced.
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ARTICLE 2.2 SUPPORTING SERVICES
2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the
Owners consultants and contractors.
2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including
space requirements and relationships, special equipment, systems and site requirements.
2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test
pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and
resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations.
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
22..3.11 The f.reldteeE shall previde a.. preliminaryev4ttatien eF the infDrataken finmished by -the Owner under this Agreement,
inel ding�`'program and�6GhGJuerequirentents and budgetfor the Gast of the Work, --- I in -- of the other.
2.3.2 The Arehiteet shall provide -a prelimift a evatuatiett-ef-the Gwnerrs-site -fer-the Frejeel based -on -the infarmatiem
provided by the Gwiter ef site eattdifiens, mid dte Gwne0s piegram, schedule and budget fer the Gest of the Work.
2.3.3 The Arehitee shall reviewthe Owner's proposed methodof contreetingiar eansnmetien serriees and shall netifp the
Owner of antieivated impam that sueh ntethod may have on the Owner!s prepam, fineneial and time requirements, and the seope-
of the ;
ARTICLE 2.4 DESIGN SERVICES
2A.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services.
2.4.2 SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and
budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and
relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and
preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study
models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building
systems and construction materials shall be noted on the drawings or described in writing.
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2.4.3 DESIGN DEVELOPMENT DOCUMENTS
2A.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and
updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the
design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections
and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include
specifications that identify major materials and systems and establish in general their quality levels.
2A.4 CONSTRUCTION DOCUMENTS
2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and
updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction
of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of
materials and systems required for the Project.
2.4A.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and
preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or
proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for
Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes
the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample fortes.
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negodated proposals and shall assist the
Owner in awarding and preparing contracts for construction.
2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors.
2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid er
peepesal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal
results.
2.5.4 COMPETITIVE BIDDING
2.5A.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and
Supplementary Conditions, Specifications and Drawings.
2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for
distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for
such expenses.
2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their
return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of
deposits, if any, received from and returned to prospective bidders.
2.5A.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and
distribute addenda identifying approved substitutions to all prospective bidders.
2.5A.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for
prospective bidders.
2.5A.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda.
AIA DOCUMENT B141-STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
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2.5.4.7 The Architect shall participate in or, at the Owners direction, shall organize and conduct the opening of the bids. The
Architect shall subsequently document and distribute the bidding results, as directed by the Owner.
2.6.5 NEGOTIATED PROPOSALS
2.5.5.1 Prepesal BeetrmeMs -shall eensist -o€ proposal requirements proposed earftaet fetars, General Genditiens -aei-
2.5.5.2 if requested -by the Owner, -the Ambiteet-shafl strange -far preenring-the repreduetiea-of Proposal Beemnenis 46sr-
dishibutionL J tion or shall
Lwse the
A _hi _ _
2.5.6.3
2.5.5.4 -The Arehibeet shall eons -for she]} prey
2.5.5.5 If requested -by -the Gweer-the rehiteetshall assist the 9waerduring negotiations witlt prespeetive eontmim. qhe-
ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES
2.6.1 GENERAL ADMINISTRATION
2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and
in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this
Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable
under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect
2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with
the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for payment.
However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract
Administration Services extend 60 days after the date of Substantial Completion of the Work.
2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the
Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in
this Agreement unless otherwise modified by written amendment
2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted,
modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will
not be unreasonably withheld.
2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the
Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form
prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested.
2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute
supplemental Drawings and Specifications in response to requests for information by the Contractor.
2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and
requirements Of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
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2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions,
the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and
shall not be liable for the results of interpretations or decisions so rendered in good faith.
2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and
Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall
be final if consistent with the intent expressed in the Contract Documents.
2.6.2 EVALUATIONS OF THE WORK
2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's
operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to
keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the
Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall
not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect
shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents.
2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent
construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to
perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions
of the Work.
2.62.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the
Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the
Contract Documents. Communications by and with the Architect's consultants shall be through the Architect
2.62.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in
accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed -
However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons or entities performing portions of the Work.
2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's
evaluation of the Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment, that
the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and
inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Architect.
AIA DOCUMENT B 141 STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator
legal prosecution. This document was electmnically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1997
2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or
continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the Contractors right to payment, or (4) ascertained how or for what purpose
the Contractor has used money previously paid on account of the Contract Sum.
2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
2.6.4 SUBMITTALS
2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness
as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient
time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance
with the requirements of the Contract Documents.
2.6A.3 If professional design services or certifications by a design professional related to systems, materials or equipment are
specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design
criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the
design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect.
The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals
performed by such design professionals.
2.6.5 CHANGES IN THE WORK
2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution
in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment
in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If
necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added,
deleted or modified, as provided in Paragraph 2.8.2.
2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work,
including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be
accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without
extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes
in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a
minor change in the Work or recommend to the Owner that the requested change be denied.
2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the
Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the
Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished
by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including
any additional costs attributable to a Change in Services of the Architect. With the Owners approval, the Architect shall
incorporate those estimates into a Change Order or other appropriate documentation for the Owners execution or negotiation with
the Contractor.
AIA DOCUMP.M' B141-STANDARD FORM SERVICES - 1997 EDITION - AIA - COFYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator
legal prosecution. This document was electronically produced with permission of the AIA and can be teproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1997
2.6.5.4 The Architect shall maintain records relative to changes in the Work.
2.6.6 PROJECT COMPLETION
2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties
and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for
Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.
2.6.62 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the
Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the fist submitted by the
Contractor of Work to be completed or corrected.
2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the
Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the
Work.
2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to
reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens
or bonds indemnifying the Owner against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial
Completion to review the need for facility operation services.
2.72 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the
Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and
performance and to make appropriate recommendations to the Owner.
ARTICLE 2.8 SCHEDULE OF SERVICES
2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change
in Services in accordance with Paragraph 1.3.3:
.1 up to ( ) .
2 up to rt (44 ) visits to the site by the Architect over the duration of the Project during construction.
.3 up to Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents.
.4 up to Ong ( b ) inspections for any portion of the Work to determine final completion.
ALA DOCUMENT B 141-STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMMUCAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON, D.0 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator.
legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1997
2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in
accordance with Paragraph 1.3.3:
.2 responses to the Contractor's requests for information where such information is available to the Contractor from a
careful study and comparison of the Contract Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
.3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or
revision of Instruments of Service;
.4 providing consultation concerning replacement of Work resulting from fire or other cause during construction;
.5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in
connection with the Work;
.6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to
Instruments of Service resulting therefrom;
.7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or
.8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work.
AIA DOCUMENT B 141STANDARD FORM SERVICES - 1997 MrrION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5291 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator
legal prosecution. This document was electronically produced with permission of the ALA and can he reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1997
2.8.3 The Architect shall furnish or provide the following services only if specifically designated:
Services Responsibility Location of Service
(Architect, OwnerorNot Provided) Description
.1 Programming
Architec
Description of Services
.2 Land Survey Services
Axchibect
DesgdRtion of Services
.3 Geotechnical Services
Owner
.4 Space Schematics/Flow Diagrams
Not Provided
.5 Existing Facilities Surveys
Not Provided
.6 Economic Feasibility Survey
Not Provided
.7 Site Analysis and Selection
Not Provided
.8 Environmental Studies and Reports
Not Provided
.9 Owner Supplied Data Coordination
Not Provided
.10 Schedule Development and Monitoring
Not Provided
.11 Civil Design
Architect
Description of Services
.12 Landscape Design
Archit c
Description of Services
.13 Interior Design
Not Provided
.14 Special Bidding or Negotiation
Not Provided
.15 Value Analysis
Not Provided
.16 Detailed Cost Estimating
Arc itect
Description of Services
.17 On -Site Project Representation
Not Provided
.18 Construction Management
Not Provided
.19 Start-up Assistance
Not Provided
.20 Record Drawings
Not Provided
.21 Post -Contract Evaluation
Not Provided
.22 Tenant -Related Services
Not Provided
.23 Fire Sprinkler Design
Architect
Description of Services
.24 Security Electronics Design
Architect
Description of Services
.25
Description of Services.
(Insert descriptions of the services designated.)
,-l. Programming Development of Pool and Bathhouse components sizes nd relations ips includin rhos s ecific
services identified in "Pre funding Programming„ of Exhibit "A"
.2 Land Survey Land surveying of the site area. including documentation of above and below grade utilities to be
conductcd as a portion of the services provided by the Civil Engineer
Civil Design Interface with Landscace AmbiteU to pLovide grading and drainage •plan. - Provide permit
drops to underground utilities.- Paving sectionserg excluded,andwin �e rovi by the lhvner's GeotecIt ical ne ._
Services in design bidding and construction
..12- Landscane _ it grading. site layout desigm and detailing. LandscaM architectural design and detailing. —
Services in design bidding and construction
A Detailed Costing Detailed probable cost of construction At Schematic Design square footage and systcuts analysis.
At Design Development- systems and unit costing analysis and at Construction Documents unit price analysis.
AIA DOCUMENT B 141-STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON. D.0 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator
legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted
below.
Electronic Format B141-1997
.23 Fire Sprinkler Design_Performance based system design as required for bidding of system Services in design bidding
and construction.
24 Security Electronics Security electronic systems relating to protection of perimeter pool fence and pool area. The fee
for this service not determined at the time of Agreement execution but to be determined during the Programming portion of the
work. Services in design. bidding and construction.
ARTICLE 2.9 MODIFICATIONS
2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows:
1 See Exhibt "A"
.2 See Exhibit "B"
By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are
incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was
entered into by the parties as of the date: June 01. 2001.
OWNER (Signature)
(Printed name and title)
ARCHITECT (signal=)
ALA DOCUMENT B 141-STANDARD FORM SERVICES - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735
NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
viiolatorto legal prosecution. This docmnent was electronically produced with permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
Electronic Format B141-1997
City of Kalispell
Liam ire Aquatics Facility
AGREEMENT Ex1OBIT"A"
ARCHITECTS DESIGN GROUP
ADOOI.131
6f1101
E7Ol®IT A
GENERAL PARTICIPATION
CONTRACT S won mom EgCCPT ADO NT8119T GPI) tAw m CARVER SIDESCAPE P
ARIICIP T'PE YININA NETEII ARCH POOL- SLRUCT NkE ELECTRONIC CrvB IANDARCH COSTING
D.S. O.S. D.S. D.R
2.1 Project Adounistmuon Services
Project Adminstration
B-2.1.1
B.S.
If
$3,600
Review Owner Provided Information
A-1,111
B.S.
If
$0
$M00
Project Schedule
B-2.1.2
B.S.
Y
$0
$500
Oweer Assistance 1. Dommeat Filing
B-2.1.6
B.S.
Y
$0
$500
Review Codes and Regulations
A-1.2.3.E
B.S.
Y
s0
S3,000
Evaluatim of Budget
Pte6minary Estimase For Cmt of Work
B-2.1.7.1
B.S.
N
22 Supporting Services:
Program
B-2.2.1.1
B.S.
N
Designated Service
Surveys
B-2.2.1.2
B.S.
N
Dealgmted Service
Oeotechoical
B-2.2.13
BS.
N
Owmr
Envitae tRl
0-2.2.13
B.S.
N
Owner
2.3 Evalaatim and Phoning Services
Preliminary Evaluation of Program
Prehudnsry Evaluation of S.Wule
PreBminery Evaluation of Budget
Preliminary Bvduadon of Site
PreBminmy Evaluation of Coma Method
` $0 • $1.150
" SO • $260 $130
B-23.1 B.S. N
B-2.3.1 B.S. N
B-2.3.1 B.S. N
B2.3.2 B.S. N
B-2.33 B.S. N
$3.600 $6,500 $0 $0 $10,100
s0 $1,440 $130 $0 $1,570
City of Kalispell Leisure Aquatics Facility Exhibit "A" 1
SCHEMATIC DESIGN SERVICES
PARTICIPATION
"
COMEACT
SERVICE
PRDIECT
®KEPI'
ADD
INIERET
am
Mw
MW
CARVER
SIIENWE
P
ARTICLE
TYPE
YININA
NM (I
ARCN
Pont.
6l =
MAE
BLECTRm
CIVE.
LAND
Merest)
DS.
D.S.
D3.
139.
2A.2 Sc6emetic Design Document:
Designated Services AdministratlaD & Co-ordinstice
D.S.
$0
Pool Services Administration @ Coordlnsdon,
D.S.
$3,200
Conceptual Sire Plan
B-2A.2.1
B.S.
Y
$360
$3.000
- •
$1,836
$1,820
Preliminary Bottling Plaoa
0-2A.2.1
B.S.
Y
$6.400
$2,500
SeLtiDns
B-2A.2.1
B.S.
Y
$1.500
$1,000
Elevations
B-2A21
B.S.
Y
$1,200
$500
Preliminary Selection Systems
B-2.4.2.1
B.S.
Y
$360
$2.500
$855
$1,600
•
$260
$ffi0
Preliminary Sclectle Manassas
B-2.4.2.1
B.S.
Y
$360
$3,000
$855
$1,600
•
$130
5260
2A.2.1 Architects Optima:
Study Models
B-2.4.2.1
B.S.
N
Perspective Sketches
B-2.4.2.1
B.S.
N
Electronic Modeling
B-2.4.2.1
B.S.
N
Approval:
S.D. Meeting No.I
Y
Kalispell
$360
$Z500
$400
•
$195
$130
Develop Probable Coat Car o nactie
Y
$360
$1,000
$58
$600
•
$379
$260
$2,100
$10.900
$16.000
$2,168
$3,800
$32.868
$3,200
$0
$2,800
$2,730
$2.100
$10,830
SCHEMLATIC DESIGN REIMBURSABLE EXPENSES
PARIICLPA71ON
COMBALT
SERMCIS
EEC
ADD
IMERST
am
Mw
Mw
CARVER
arrP m
P
ARTICLE
TYPE
NMI]
ARCN
Mon.
S'm=
MAE
BUN. -IRONIC
CIV6
L.WD ARCN
C06rmD
S.D. Meeting No. 1:
A-13.9.1
B.S.
Estimame Only
g0
$970
$98
*
$0
$65
Communlcetions
A-1.3.9.2
R.S.
Barimaaa Only
$25
•
$73
$100
•
$20
Reproductions
A-1.3.9.2
B.S.
Estimates Only
$165
$500
•
$100
•
$25
$30
Redding Inetromena of Service
A-13.9.2
R.S.
Esdarms Only
$100
'
•
$100
•
$0
"
$0
$290
$1.470
$173
$300
SZ233
$0
$45
$95
SO
$140
City of Kalispell Leisure Aquatics Facility Exhibit "A" 2
DESIGN DEVELOPMENT SERVICES PARTICIPATION
CONIRAR SMIVILE PRDI m(CEPT AIXI RrrER4'f m MW MW C Ver SDBSCME P
AETICIS TYPE YININA N0'IEII AR[H POOL mum MAE EIEREDmC CND. LANDAam COEtIIJO
D.S. 0.5. D.S. D.S.
14.3 Design Development Documents
Designated Services Adminlsbadon & Co cadins in
Y
SO
Pool Services Admiuistradon & Co-ordloadon
Y
$2,650
Site Plan
B-2A.3.1
B.S.
Y
$180
$2.000
'
$950
$2,080
Building Plans
9-2.4.3.1
B.S.
Y
$4,500
$2000
$545
$1.200
•
$0
$130
Section
B-2.4.3.1
B.S.
Y
$2A00
$500
$545
$1,200
Interim®evadns
B-2.4.3.1
as.
Y
$20100
Typical Conswedon Details
B-2.4.3.1
B.S.
Y
$IA40
$700
$544
Equipmeot Layouts
B-2A.3.1
B.S.
Y
$600
$2,500
$1,000
Specifications for Quality I&M Identification
B-2A.3.1
B.S.
Y
$2.160
$11000
$200
$1,000
•
$0
$130
Approval:
D.D. Meeting No. 1
Y
Kalispell
$360
$2,000
$130
$130
D.D. Meaning No.2
Y
Kalispell
$360
$2.000
$400
•
"
$130
S130
Update Probable Cast Consuacdon
Y
$360
$500
$58
$500
•
$130
$260
$2,M
$14,760
$13,200
$2.292
$4,900
$35,152
$2,650
$0
$1,340
$2,860
S2,400 $9,250
D.D. REIMBURSABLE EXPENSES
PARTICIPATION
rnNrnncr
sEance
Etc�r
A00
DDBR51'
m
Mw
Mw
Cham
SDESUPE
P
Aa31C1$
3'YW
NO1811
ABCN
POOL
811"JLT
MAE
ELECTRONIC
OVIL
WND ARCN
008TR40
D.D. Meeting No. 1:
A-1.3.9.2
as.
BusinMm Only
$0
$970
$0
S65
D.D. Meeting No. 2:
A-1.3.9.2
R.S.
EsdmMas Only
$0
$970
S98
•
•
$0
$65
Communication
A-1.3.9.2
R.S.
Esflsn wOnly
$40
$0
$75
$150
•
$10
"
Reproduction
A-1.3.9.2
R.S.
Estimates Only
$660
$500
$25
$150
"
S25
$50
Handling lntrl®mm of Service
A-1.3.9.2
as.
Esdmaus Only
S200
$0
•
$1.50
•
$6
•
SO
$3,998
$900
$2,440
$198
$450
SO $35 $180 $0 $215
City of Kalispell Leisure Aquatics Facility Exhibit "A" 4
CONSTRUCTION DOCUMENT SERVICES PARTICIPATION
CDNIRA7r SERVICE PROIHCT E%C@r ADO RlrE118T OPp a1eV A1Y/ CARTER SIIRSCAPE P
ARTICIi TYPE YININ.A NMI) ARCH POOL SIROLT M R m.E GtffC CML LANDARCN CDSTRIO
D.S. as. D.S. D.S.
24A ComDvction Documents
Designated Servtom Adminlettsda & Co-ordination
Pool Services AdminisDatlon & Co -an imtlo t
Derailed Constructlon Drawings
Detailed Comtrucdon SpedOcadan
Asdat Owner With Bidding Informed=
Proposal Forme
Form of Agramat Betwea Owoc & Catrectar
control Co"dom
SLpplemarary ConEidas
Other Conditrom
Bidding Requlretneate
sample Forme
Approval:
C.D. Madng No, I
C.D. Mating No.2
Updow Probable Cat Coaanuclion
Y
$0
Y
$1,900
B-2.4.4.1
H.S.
Y
$20.500
$2.500
$2,731
$6,800
• $6,900
$5.850
B-2.4.4.1
B.S.
Y
$6,000
$"DO
$ISO
$2,000
• $1,890
$520
8-2.4.4.2
B.S.
Y
$360
8-2.4.42
B.S.
Y
$180
B-2.4.42
B.S.
Y
$360
B-24R.2
B.S.
Y
$180
B-2A.4.2
B.S.
Y
$180
B-2AA-2
B.S.
Y
$160
$500
$150
$500
* $260
$65
B-2AA.2
B.S.
Y
$100
$500
$150
S500
• $130
$65
B-2.4.42
B.S.
Y
$180
S500
Y KaNspall
$360
$2,000
$400
•
• $130
$130
Y Kalispell
$360
$1,500
SIM
$1,000
$130
$130
Y
$360
$500
S58
$500
• $130
$65 $2,700
$29.390
$9,500
$4,089
$11,300
$54,269
$1.900
$0 $9,570
$6.825 $2,700 $20.995
C.D. REIMBURSABLE EXPENSES
PARTICIPATION
CONTMLT
BRaNCE
EXa?fl'1'
ADO
IfRHSr
am
td& MW
CARVmI
5171111 P6 P
Alk .
TYPE
NOTRII
ARCH
POOL
SROOr
Mail RLBCYRONIC
(OVn,
IANDARCN COSIRRO
CD. Mextlng No. 1:
A-13.9.2
P S.
EetimMes Only
$0
$970
$98
• +
$O
$65
C.D. Mmdng No. 2:
A-13.9.2
P S.
EsDRRtes Only
$0
$970
$98
$1,500
SO
$65
CommuMcetlas
A-1.7.9.2
R.S.
Bad ---Only
$150
$0
$225
$150 •
S25
Reproductions
A-13.9.2
PIS.
Elimntea Outy
SI,7A0
$1.000-
$75
$300 •
$50
$50
Co-ordlmdoo & Handling Nawmeota of Servix
A-13.9.2
R.S.
Estinnw Only
$200
$0
$200
$150 "
$350
S7,286
$1.550
$2.940
$696
$21W
$0
$425
$180 SO $605
City of Kalispell Leisure Aquatics Facility Exhibit "A" 4
CONST PROCUREMENT SERVICES
PARTICIPA7ION
Compeddve Bidding
CONIXACP
SERVICE
PR01ECr IXCiPr
ADO
NTELST
OPD
MW MSV
CARVE{
SITPaI
Affvt E
TYPE
YINMA. NOTE(l
AROI
PDDI,
SrgU
ME ELE omc
CIVd
LADIDARCH
-
D.S.
D.S.
0.5.
2.5.2 Construction Prommmw13ervicea
-
Dedgwted Servioer Adaddstretion & Co-ordination
Y
S0
-
Pool Services Administration & Caordinadan
Y
$750
List ofPloapeedw Bidders
B-2.5.2
B.S.
Y
$180
$500
Bid Validation
B-2.5.2
B.S.
Y
$180
S500
Result Nodficetionm Bidders
B-23.3
B.S.
Y
$180
2.5A Competive Bidding
Procure Reproductions for Bidding
B2.5A.2
B.S.
Y
$150
Distribute Bidding Doc®wm
B-2.5.43
B.S.
Y
$360
Distribution Log & Deposit Amounting
B-2.5.4.3
B.S.
Y
$150
Requests for Subsdmtioo5
8-2.5AA
B.S.
Y
$990
$500
$225
$800 "
$888
$130
Pm -Bid Conference
B-2.5.4.5
B.S.
Y
$360
$1,500
$130
Pro-Bld Conference Addenda Response
B-2.5.4.5
B.S.
Y
$360
$400
$498
Addenda
B-25A.6
B.S.
Y
$990
$400
$172
$800 •
$230
$65
Organize and Conduct Opening of aids
B-2.5.4.7
B.S.
Y
$360
$10,057
$4,260
$3,800
$397
$1.600
$750
$0
$1,746
$195 $0 $2.691
PROCUREMENTRPdFffiURBABLB ExPEN8E9 PARTICIPATION
C IN r
SEtVICR
EXCBrr
ADO
MrSturr
my
w
MW CARVG
Srr9!xA E P
AMICLE
TYPE
Nn1a11
ARCH
POOL
41YUCf
ME RUIC11O1M
CNR.
LANDARCH C051R10
Pm Bid Conference
B-2.5.45
R.S.
PaRam, Only
$970
$0
Bid Opening
A-13.9-2
R.S.
Eetlmam Only
Cownanications
A-13.9.2
R.S.
Esdmase Only
$75
$0
$38
$100
• $20
Reproductions
A-13.9.2
B.S.
EsdnMm Only
$7,600
$500
$25
WO
• $10
S30
Handling tosbonlona of Service
A-1.3.9.2
R.S.
Eetlmam Only
5500
$0
'
$100
• $0
$8,175
$1,470
$63
$300
$10,008
$0 $30
$30 $0 $60
City of Kalispell Leisure Aquatics Facility Exhibit "A" 5
CONTRACT ADMINISTRATION SERVICES PARTICIPATION
coNTPACr SERVICE PRolaCf g%Lgt ppD n.DgayT WD IM Mw CARVER SLIMS PE
ARTICLE TYPE YININ.A NUTE11 ARLR POOL SIR= slag EM1110MC CNm. LANDARCB
D.S. O.S. D.S.
2.6.1 General Administration
Designated Services AdministrEloo & Co-ordination
Pool Services Administration & Co-ordination
Ground Adnanisnauoo & Communication A hnin
Processing Requests for Information & Supplement
2-62 Evaluations of the Work
Sim Visits
Report Deviations from Contract commerce
2.6.3 Certification of Payments to Contractor
Certificates for Payment
26A Submittals
Shop Drawings, Pmdum Dam At Samples
Record Submittals
2.6.5 Changes in the Work
Construction Change Directives
Cheap Orders
Maintain Records for Changes in the Work
7 6.6 Project Completion
Substantial Completion Review
Penal Completion Review
Warranty Coordination for Owner
Fland CeNBcute for Payment
Conseat of Surety
Release of Lien Affidavits
Record Drawing Preparation & Submittal
2.7 PaclBty Operation SwA=
Review Issues a Substantial Completion
One -Year Womanly Review
Y
Y
B-2.6.1.1 B.S. Y
B-2.6.15 B.S. Y
B-2.62.1
B.S.
Y
B-2.6.2.2
B.S.
Y
B-2.6.3.1
B.S,
Y
B-2.6.4.1
B.S.
Y
B-2.6.4.2
B.S.
Y
B-2.6.5.1
B.S.
Y Lkmlw-Senior
B-U.5.1
B.S.
Y L4WrcdServlme
B-2.6.5A
B.S.
Y
B-2.6.6.1
B.S.
Y
B-2.6.6.1
B.S.
Y
B-2.6.6.1
B.S.
Y
B-2.6.6.1
B.S.
Y
B-2.6.6A
B.S.
Y
B-26.6A
B.S.
Y
CEver
so
33.140
$1,500
$1,200
$500
$600
$500
*
S1,320
$130
$4,500
$7,400
$900
$5,000
'
$6.300
$195
S3,500
$500
S225
$0
31,125
$500
$75
SO
•
$1,320
'
$1500
$1,000
$525
$750
•
$1,090
$65
$750
$500
$75
$250
•
$280
S720
$500
$38
$350
`
$330
$720
$500
$38
$400
•
$260
S300
$500
$38
$250
•
S330
"
$720
$925
$1.000
•
$495
$65
$180
$925
$1,000
$495
$65
$180
$500
$0
•
$660
$180
$90
$180
$1,2A4
B-2.7.1 B.S. Y $180 $500
B-2.7.2 B.S. N/Y • $11000
$14,825 $15.750 $2,514 $9,500 $42,589
$3,140 $0 $14,124 $520 $0 $17,794
City of Kalispell Leisure Aquatics Facility Exhibit "A" V
CA. REIMBURSABLE EXPENSES PARTICIPATION
CONTRACT
sturvi a
E(CEPT
AM
OIIER4r
OPD
MW
MW
CARVER
aPiffi
A11ME
TYPE
NMI)
Amcli
POOL
mum
M&E
E.ECIRONIC
CNO.
I.ANDARCH
Number of Casaucdon Sim Visit
Number, of Substantial Compledo, Sim Visit
Number ofFmal Completions Sit Visit
B-2.621
8-2.2.6.1
B-2.2.6.1
B.S.
B.S.
B.S.
10 Months
40
2
I
8
1
I
2
3
1
1
•
•
60
3
2
2
1
1
Sim Vista: Travel
Communications
Reproductions
Handling Ioebamenm of Sm%rice
B-2.6.21
A-1.3.9.2
A-1.3.9.2
A-13.9.2
R.S.
R.S.
RS.
R.S.
Esumem Only
Estimate Only
Bedtmn Only
Eadrm¢ Only
$0
$450
So
$0
$9.700
$0
$500
SO
$196
$150
$50
•
510.000
$200
5200
$100
•
•
•
'
$150
$100
$25
$D
$260
"
S30
5450 $10.200 $396 $10,500 $21.546
So $275 $290 $0 $565
SPECIFICALLY DESIGNATED SERVICES PARTICIPATION
CONIRACP
SmvrC
rate
Alt I
TYPE
YININ.A
NMU
2.8.3 Specifically Designated Setvim
Pm-Pundtag & Programming
2.9.3.1
D.S.
Y
Sao Below
Laud Survey Services (Sande Surveying)
2.8.3.2
D.S.
Y
Carves
Cmomchnieal Services
2.8.3.3
D.S.
N
owmes
Space Schematic/Flow Diagrams
2.9.3.4
D.S.
N
Miring Facilities Surveys [Am of Dodge Wade]
2.8.3.5
D.S.
N
Ecomomic Feasibility Survey
2.83.6
D.S.
N
Sim Analysis and Selection
2.9.3.7
D.S.
N
Eavirm mentud Studies and Repots
2.8.3.9
B.S.
N
-
OwnerSupplied Dam Coordination
2.8.3.9
D.S.
N
Commuctia Schedule Development and Momilming
2.8.3.10
D.S.
N
Clva Design
18.3.11
D.S.
Y
Carver
Landscape Design
2.9.3.12
D.S.
Y
Simscape
Interior Design
2.8.3.13
D.S.
N
Special Bidding
2.9.3.14
D.S.
N
Value Analyst [Mechanical Syrtem Energy CotMerv)
28.3.15
D.S.
N
DemdW Coat Estimating
2.8.3.16
D.S.
Y
Pmsmetrix
OD -Sim Full Than Project Representation
2.9.3.17
D.S.
N
CnnaDuctia Mamgemat
2.83.18
D.S.
N
Start-up Analysts
2.8.3.19
D.S.
N
Rccmd Drawings
2.8.3.20
D.S.
N
Post-Conorect Evaluation
2.8321
D.S.
N
Tenant -Related Services
28.1.22
D.S.
N
Secudry Electronics Design
2.8.3.23
D.S.
Y
MW Engineers
Demeans Equipment Design
2.8.3.24
D.S.
N
Foodservice & laundry Design
2.8.3.25
D.S.
N
Fire Sprinkler System Design
D.B.
Y
MW engineer,
ADO INIEMT am w MW CARVER aDler(wa P
ARCH POOL smtZr M&E EBC9 ffz CIVIL LINDAJI I (WrING
City of Kalispell Leisure Aquatics Faciliiy o7r—
CHANGE IN SERVICES SCHEDULE
PARTICIPATION
CONTMLT
SPRVICE
PROIILT
EXCEPT
ADO
QJISurr
GPO
Mw
RW
CARVER
SITP9CAPE
P
ARTICLE
TYPE
YININ.A
NOTa11
ARCH
POOL
aTR11LT
NAB
EUX71ROme
ENLL
r DARCH
CO6TmG
2E Schedule of Services
Shop Drawing Review Beyond:[21
2.8.1.1
CS.
Y
Hourly
Construction Observation Review Beyond: Nand Above
2.8.1.2
CS.
Y
Hourly
Substantial Completion Review Beyond 121
28.13
C.S.
Y
Hourly
Plural Completion Review Beyond (l)
2.9.1.4
C.S.
Y
Hourly
R.F.I. Where Dam is Available In Contraum Beyond (2)
2.8.2.1
CS.
Y
Hourly
Construction Charge Directive Eveluotions Beyond [41:
28.2.3
C.S.
Y
Hourly
Chn"age Order Evalwations Beyond l2]:
2.8.2.3
C.S.
Y
Hourly
Damage CeaWmtinn
2.8.2.4
C.S.
N
NegodRe
Extensive Claim Submioals
2.8,25
C.S.
N
Nepti e
Substinrtion Requam Bevis* War of Service
28.2.6
C.S.
N
Negodme
Alfaone Bid Requests Proposed by Owner
28.2.7
C.S.
N
Negodam
Proposal Requests Proposed by Owner
2.9.7.7
C.S.
N
Negodae
Contract Admmievation, Pat Substantial Completion
28.2.8
C.S.
N
Hourly
ADO
BT 17
OPD
Ha✓
MW
CARVER
Sf1ESGPn
P
mm
POOL
mlm
HAE
EL6CPRONIC
L
LANDARCII
COSTING
SUB -TOTAL
A
PROGRAM
$12,570
$WOO
$500
$1,600
Nom[1]
$6,810
$1.040
5200
$35,620
SUBTOTAL:
B
BASIC DESIGN
$77,725
$64,750
$IIp60
$31.100
SI85,035
SUB -TOTAL:
C
DESIGNATED
$11,640
$0
$0
SO
Note[I]
$31,020
$13.2M
$7,200
$63.120
TOTAL
D
$101.935
$77,650
$11,960
$32.700
$0
$37,930
$14.300
57,400
$283,775
A+B+C
ESTIMATES OF REIMBURSABLE EXPENSFS
E
POOL
$11,365
$18,520
$1,526
$13,650
$0
$810
$775
$0
$46,646
E
City of Kalispell Leisure Aquatics Facility Exhibit "A" 8
PRE -FUNDING PROGRAMMING PARTICIPATION
CONraACT ShRVICE PROlF1:T RRCaIT AM ml16ReT am 14W MW CAum srm!X PS P
ARTH!1.E TYPH YININ.A NOreII ARCH POOL SraU MAa HDiCaWmc Our. W ARmi COSTHIC
Programming Co-mNoatloo & Admioiatmuon
D.S.
Y
$4.500
Land Surveying SerWeee lSmde Smrveying - Carve]
D.S.
Y
$150
$3500
Oeomchoin:el Sarvry Seevlme
N
Saficitation Assist
$270
A,
Substantiate Pool Need
D.S.
Y
$150
$2,500
1
Subammtiam General Pool Sim
D.S.
Y
$150
$1.000
$0
$130
Subamatam Specific Pool Sim Location
DS.
Y
$150
$500
so
$260
Identify Location of Skateboard Park
D.S.
Y
$150
SO
$O
$130
Traffic Design [Woodland Park Drive to Pool Only)
D.S.
Y
Note [2)
Note [2]
Develop Demolition Plan for Existing Pool only
D.S.
Y
$150
$L236
$130
Travel to Other Pool Sites
D.S.
Y
Handy ♦ Exp
Programming & Diagrams [2] Days
D.S.
Y
Mtg 1 Kai
$1,800
$1,900
SO
$195
System Selection, & Corning Confirmation,
D.S.
Y
$600
$500 $500 $1 00
• SO
S65
Pre -Funding Public Pmsenmtioa,
D.S.
Y
Meeting No. 2 [Flom Public Comment Meeting]
D.S.
Y
Mtg 2 Kai
$600
$1,700
Meeting No. 3 [Seceod Public Comment Meeting]
D.S.
Y
Mig 3 Kai
$600
$1,700
Meeting No. 4 City Council Presentation far Bond
D.S.
Y
Mtg 4 Kai
$600
$1.700
$260
$130
Produce & Sol Display in City Hall
D.S.
Y
$1200
$700
$914
Routine Press Releases
DS.
Y
$1.200
$200
$p
Meat With Swim Team to Disease Possl6Wtiec
D.S.
Y
$300
$500
NOTES:
[1) MW Security. No Fro Provided Until Scope Defined.
[2] Traffic Study. No Pee Provided Unit] Sim Defined.
$200
$12,570 $12.900 $500 $1,600 $0 $6,810 $1.040 S200 $35.620
City of Kalispell Leisure Aquatics Facility Exhibit "A" 9