HomeMy WebLinkAbout34294 / 87-516 February 19, 1987 li 516 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PllRPOSE: APPROVE ARCNITECTURAL AGREEMENT FOR POLICE GARAGE
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the Ci[y of Oshkosh Chat the attached
agreement �aith Yarbro-Kempinger Architects� Inc. for main[enance� renova[ion and
mechanical equipmen[ changes for the Police Garage/Boiler House is hereby appxoved
and [he proper City officials are hereby autharized and direc[ed to en[er into
said agreement.
BE IT FURTHER RESOLVED tkiat money for the sum of $7,200 is [ransferred from
Account No. 310-550, General Fund Equity, to Account No. 354-999, Ci[y Hall -
Garage Remodeling Expendi[ures, the account from which money for ihis agreement
shall be paid� to be refunded by future bond issue.
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RES. # 516
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THE AMERICAN INSTITUTE OF ARCHITECTS
1 „ i�
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AIA Document B741
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THB DOCUM6NT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH
AN ATTOftNEY IS ENCOURAGED WITH RESPEC7T0ITS COMPLETION OR MODIFICAiION
AGREEMENT
made as of the Nineteenth day of February in the year of Nineteen
Hundred and Eighty seven
BETWEEN the OWnel': THE CITY OF OSHKOSH, WISCONSIN
and the Af[hiteCt: YARBRO-KEMPINGER ARCHITECTS, INC.
1488 S4est South Park Avenue - P.O. Box 209b
Oshkosh, Wisconsin
For Ihe following Project
(Indude detailed desaiption o/Prolect location and smpe.)
Building Exterior Maintenance and Renovation
and Mechanical Equipment Changes
Garage/BOiler House - City Hall Site
City of Oshkosh, Wisconsin
in accordance with Yarbro-Kempinger Architects,
Inc . ' s Revised Program Budget, dated
November 1986
The Owner and the Architect agree as se[ forth below.
CoP)nFM1�199, 1936. 19J9. 1951, 199, 1959. 1961. 1961, 1966. l96], 1W0. 19V. 00 19D bY iM1e Ameiian Imelwe
o( bcM1lterls, lII5 Nuw Ynr4 .Wewe, N N'., W�psbiny�on. p.0 3WIb. Reymduc4on o! IM1C m rial M1eee�n o
Sibes antl aill �e nub��1t ison�y���si�unsewu'M1�on[ pe�missian o� iM1e Ntl vlalnes iFC mpYriyM1� laws�of IFe Ilnlmd
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iHF Aa�ENICAV INSiIiViE Of ARCHREQS, 9l5 N[W TORK AVENVL, N.1Y, WASHINGiON, �_G 4CW6 81414977 �
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� RES. #516 .
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RFS. #516
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
� ARTICLE 1 menis to previous 5[atements of Probable Cons[mction
ARCHITECT'S SERVICES AND RESPONSIBIIITIES Cost indicated 6y changes in requirements or general
marke[mnditians.
BASIC SERVICES 1,3A The Ar<hi[ec[ shall assist Ihe Owner in connection
The ArchitecPs Basic Services mnsist of the five H'��h the Owner's responsibiliry for filing documents re-
phases described in Paragraphs 1.1 thmugh t5 and quired (or the approval of govemmen[al authorities hav-
mdude normal stmctural, mechanical and electrical �ng jurisdiction orer the Pmject.
enginee�ing services and any other servicez induded �.q BIDDING OR NEGOTIATION PHASE
in Artide l5 as part of Basic Services.
7.4.1 The Architect, following the Owner's appmval of
�,� SCHEMATIC DESIGN PHASE �he Cons[mc[iOn Documents and Of Ihe lates[ Stalement
t.1.7 The Architect shall review the program fumished of Probable Construc[ion Cost, shali assist the Owner in
by the Owner ro ascertain Ihe requirements of the Project obtaining bids or negoliated pwposals, and assist in
and shall review the unders[anding of such requirements awarding and preparing mntracts for construc[ion.
wi[h the Owne�. 7,5 CONSTRURION PMASE—AOMINISTRATION
t.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRAR
tion or the program and the Pmject budge[ requirements, 7,5.1 The Construction Phase will commence with Ihe
each in terms of the other, subject to the limitations set �H,�rd of [he Conhact for Construc[ion and, ro ether with
forth in Subparagraph 32.1, the Archi[ecPS obli a�ion to g
7.1.3 The Architect shall review with Ihe Owner alterna- g p�o�ide easic Services under
this Agreement, will terminate when (inal payment m the
tive appmaches to design and constmction of ihe Project Conhactor is due, or in the absence of a (inal Certi(icate
7.7.4 Based on the mutually agreed upon program and for Paymen[or of such due dare, sixty days afrer the Wte
Project budget requirements, the Architec[ shall prepare, of Substantial Completion of the \NOrk, whichever occurs
for approval by the Owneq Schematic Design Documents first.
mnsisting of drawings and other documents illustrating 7,52 Unless o[herwise provided in ihis Agreement and
the scale and relationship of Project componen[s. inmrporated in the Conhact Documents, the Archirect
1.15 The Architect shall submit to the Owner a 5[ate- shall provide administra[ion of ihe Contract for Constmo-
ment of Pm6abie Consvuction Cost based on current tion as set torth below and in the edi[ion of AIA Docu-
area, volume or other unit msts. men[ A20�, General Condi[ions of the Contract for Con-
7,2 DESIGN DEVELOPMENT PHASE 5[mttioq current as o( [he date of[his Ag�eemEnt.
7.5.3 The Archi[ect shall be a representative of the
72.1 Based on [he approved Schematic Design Docu- Owner during the Constmction Phase, and shall advise
ments and any adjustmen[s authorized by the Owner in and consult with the Ownec Instructions to Ihe Contrao-
�he pmgram or Project budget, the Archite<t shall pre- �or shall be forwarded thmugh the Architect The Archi-
pare, for approval by the Owner, Design Development re�t shall have authoriry ro act on behalf of the Owner
Documents mnsisting of drawings and other documen[s only ro the extent provided in [he Contract Documents
to fix and describe the size and chara<ter of lhe entire unless othenvise odified by written insvument in ao-
Pmjeu as to architec[ural,s[ructural,mecFanical and eleo- �ordance with Subparagraph 7.5.'I6.
trical systems, materinls and such o�her elements as may
be appropriate. 7.5.4 The Architect shall visit the site a[ intervals ap-
1.2.2 The Architect shall submit ro the Owner a (urther P�opriate to Ihe stage oi mns[mction or as otherwise
a6�eed by the Architect in wnting ro be<ome generally
Slatemen[ of Probable Cnnstmction Cost. familiar wilh �he progress and quality of lhe Work and fo
1.3 CONSTRUCTION �OCUMENTS PHASE delermine in general if ihe l\brk is proceeding in acmrd-
1.3.1 Based on ihe approeed Design Development Doo �nce with the CoNrac[ DocumenG. HoH�ever, [he Archi-
umenG and any further adjustments in Ihe scope or qual- �ect shall not be required to make exhaustive or con-
iry of ihe Pmject ar in the Pmject budget authorized by �inuous on-ste inspections to check �he qualiry or quan-
[he O�cner, the Archilect shall re �re, for a nrv of the Work. On the basis of such omsite observa-
p p. ppro�al by ��ons as an architec[, the Archi[ect shail keep Ihe Owner
the O�+neq Consbuction Documents consisting of Draw- iniormed oi the pmgress and quality of the Work, and
ings and Specifications retting forth in deWil �he require- shall endeavor �o guard ihe O�mer against defects and
ments ior �he mnstruttion of the Project. deficiencie> in the Work oi [he Contractor,
732 The Archilec[shall assis[ Ihe Owner in ihe prepara- 7,5.5 The Trchilec[ shail not have control or charge of
tion of Ihe necessap� bidding information, bidding forms, �nd shall no� be responsible for wnstmclion means,
ihe Conditions o( Ihe ConGact, and the form oi Agree- methods. IechniGUes, sequences or procedmes, or for
ment bemcen Ihe O�vner and [he Contraclor. saiety precaWions and programs in connenion with Ihe
7.3.3 The Architect shall advise the Owner of any adjust- N'ork, tor �he acts or omi»ions of ihe Contracloq Sub-
AIA OOQ'.NENT BI�I � JAAA�R-TNCIIITFQ AGRCEVII:Vi � 1111{:ILLUH EUITIpN � �Vp� 19.-'� ilq�g � Q�9i)
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RFS. #516
contractors or any other persons pedorming any of Ihe necessaryoradvisable fortheimplementation of theintent
Work, or for the failure of any of them to <arry out the of theContract Documen�s,theArchrtect will have author-
' Work in acwrdance with the Contract Documents. iry to require special inspection or testing of ffie Work in
1.5.6 The Archi[ect shall at all times have access to the acmrdance with the provisions of the Connact Docu-
Work wherever it is in preparation or progress. men[s, whether or not such Work he then fa6ricated, in-
stalled or compieted.
1.SJ The Architect shall determine ffie amounts owing �,5.73 The A¢hitect shall review and appmve or take
ro the Concracmr 6ased on observations a[ [he site and on
evaluations of the Contracmr's Applications for Payment, o�her appropriate action upon the Contractor's submittals
, and shall issue Certi(icates for Payment in such amounts, such as Shop Drawings, Pmduct Data and Samples, but
as provided in the Connact Documents. only for mnformance with the design concep[ of the
� Work and with the information grven in the Conrcact
7.5.8 ihe issuan�e of a Certificate for Payment shall Do�uments. Such action shall be taken with reasonable
' mnstitute a representation 6y the Architect to the Owner, prompmess so as to cause no delay. The Architect's ap-
. based on the ArchitecYS ohservations at the sire as pro- proval of a specific item shall not indicate appmval of an
vided in Subparagraph t.5.4 and on Ihe data mmprising assembly of which the irem is a mmponent.
the Contractor's Application for Payment, tha[ Ihe Work � 5.14 The A¢hitect shall prepare Change Orders (or
has progressed to the point indicated; that, ro [he best of the Owners approval and execucion in acmrdance with
theArchilecCSknawledge,inlormationand6elief,thequa6 �heContractDocuments,andshallhaveau�hoiiry�oorder
iry of Ihp Work is in accordance with the Contract Oocu- minor changes in ihe Work not involving an adjustmen[
ments (subject to an evalua[ion of the Work for con- in ihe Connact Sum or an eztension of the Contract Time
formance with the Contract Documents upon Substantial w,hich are not imm�sistent with the intent of [he Contract
Completion, m the resWts of any subsequent tests re- Documents.
quired hy or performed under the Contract Documen[s,
to minor deviations from the Contract Documents cor- 7.5.15 The Archi[ect shall conduct inspections m de[er-
rectable prior to completion, and ro any speci(ic qualifica- mine the Dales of Subs[anGal Completion and final com-
tions stared in the Certificare for Payment); and [ha[ [he p�etioq shall receive and forvvard lo [he Owner for the
Conhacror is en[itled to payment in the amount certified. Owner's review writ[en warranties and related documents
Howeveq the issuance o! a Certificate for Paymen[ shall required by the Conhact Documents and assem6led by
not be a representa[ion tha[ the Archi�ect haz made any ihe Contracror, and shall issue a (inal Certificate for Pay-
. examination ro ascertain how and (or what purpose the ment.
Convacmr has used the moneys paid on account of the �.5.16 The exten[ of the duties, responsibilities and lim-
Contract Sum. itations of authority of Ihe Architect as the Owner's rep-
1.5.9 The Archi[ec[ shall be the interpre�er of the re- resentative during coreo-uction shall not be modified or
quirements of the Contract Documentz and the judge of exrended without writren consent of ihe Owner, the Con-
the performance thereunder by both the Owner and �ractor and the Architec[.
Conhactor.The Architect shall render in[erpretations neo- �.6 PROIECT REPRESENTATION BEYOND BASIC SERVICES
essary (ar Ihe proper exew�ion or progress of (he Work
with reasonable prompmess on wriven reqvest of either 1.6.1 If the Owner and Architect agree ihat more ex-
the Owner or the Coniracror,and shall render writ[en de- tensive representation at the sire [han is described in
cisions, within a reasonable time, on aIl daims, disputes Paragraph 1.5 shall be provided, the Archi[ect shall pro-
and other matters in question between ihe Owner and the �ide one or more Pro�ett Representatives to assist the
Convacror celating to the execution or progress of Ihe Archirect in carrying out mch responsibilities at Ihe sire.
Work or Ihe interpretation of the Contract Do<uments. 1,62 Such Project Representatives shali be selecled,em-
1.5.10 Interpretations and decisions of the Architect shall ployed and directed by ihe Architect, and the Architect
be consistent with the inrent of and reasonably infera6le shall 6e mmpensated thereior as muwally agreed be-
fmm the Conhact Documents and shall be in written or M-een the Owner and [he Archilect as set for[h in an ex-
g�aphic form. In the capacity of inrerpreter and ludge, hi6it appended �o this Aereement, which shall descri6e
the Architect shall endeavor to secure faithful perform- [he duties, responsibili�ies and limim[ions of authoriry of
ance by both the Owner and the Contractor, shall not such Pmject RepresentaCires.
show partialiry to eithep and shail not be liable for Ihe '1.6.3 Through the ohsenations by such Project Repre-
resul[ of any interpre[ation or decision rendered in good sen�atives, �he Architect shall endeavor to provide fur[her
!ai[h in such capacit}�. protection ior ihe O�aner against defecis and deficiencies
7.5.11 The Archilecfs decisions in matters relating �o in the lM1'ork,but the fumis'.��ing of such project representa-
ar[istic efiect shall be final if mnsistent with Ihe in[ent of �ion shall not modi(y �he rights, responsibili�ies or obliga-
the Connact Do<umenis. The ArchilecCS decisions m tions oi the Architect as described in Puagraph t5.
any othe� daim5, disputes o� othe� malte¢, inclu(lin6 7,7 ADDITIONALSERVICES
those in question between �he Owner and �he Contracror, The following Serrice> are not induded in Basic
shall be su6jec[ �o arbitralion as pmvided in Ihis Agrer Services unleu so identified in Artide 15. They shall
ment and in �he Con[ract Documents. he procided if au[horized or mn(irmed in writing by
7.5.12 The Archi�ect shall have authonty to reject Work the O��ner, and they shall be paid for by �he Owner
which does not conform to �he Convact Documents. as prm-ided in �hi> Agreemen[, in addition to Ihe
Whenereq in the Ar�hilecPs reasowble opinion, it is mmpensation for 6as:c Services.
AIA OONMENT BNl � OAtiV1 N-AFOII�CQ ALFCFNEVt� iHIPirEV'ri EDIpON � NLl'l9Ji� AIA's � Ol9A
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RES. #516
iJ.i Pmviding analyses of the Owner's needs, and pro- strut[ion, and fumishing servites az may be required in
. gramming the requirements of ihe Project. connection with ihe replacemen[ of svch Work.
7J.2 Providing financial (easibility or o[her special 7J.76 Providing services made necessary by the default
I studies. of the Connactor, or by major defects or deficiencies in
tJ.3 Providing planning surveys, site evaluations, envi- �he Work of ihe Contracmr, or 6y taiWre of performance
wnmental studies or mmparative studies of pwspective of either ihe Owner or Contractor under the Contrac[ for
sites, and preparing special zurveys, studies and submis- Constmction.
sions required for approvals of governmental authorities �•�•» Preparing a se[ of reproduci6le remrd drawings
or others having jurisdiction over the Project, showing significan[ changes in the Work made during
7J.4 Providing services relative ro future facili[ies, sys- �onstmction 6ased on marked-up prints, drawings and
i other data fumished 6y the Contractor ro the Architect.
tems and equipment which are not intended m be con-
stmcted during the Constmction Phase. ���•�8 Providing eztensive assistance in the utilization of
� any equipment or rystem such as initial start-up or testing,
77.5 Pmviding services to investigate existing conditions adjusting and balancing preparation of operation and
' or facilities or ro make meawred drawings [hereof, or [o maintenance manuais, training personnel for operation
verify the accurary of drawings or other information (ur- ��d maintenance, and mnsultation during operation.
nished by the Owner. . �,7,79 Providing services afterissuance to ihe Owner of
'IJ.6 Prepa�ing documenis of alternate, separate or the final Certificate for Payment, or in the a6sence of a
sequential bids or providing extra services in connection final Certi(ica[e for Payment, more than sixry days after
with bidding, negotiation or mns[mction prior m [he �he Date of Substanlial Completion of the Work.
completion of the Construc[ion Documents Phase, when � �ZO Pre arin to serve or servin as an ex ert witness
requesred by �he Owner. . ? g B P
im m�necnon with any public hearing, arbitration pro-
1JJ Providing mordination of Work per(ormed by ceedingorlegaiproceeding.
separare contracrors or by ihe Ownels own forces. �,7,y7 providing services of consultan[s for other Ihan
'IJ.B Providing services im m�nection with the work of the normal archire�tural, struc[ural, mechanical and eie<-
a mnshuc[ion manager or separate consultants re[ained trical engineering services for the Project.
by the Owner. 7,7,yy providing any other services wt otherwise in-
1J.9 Pmviding De[ailed Estimates of Constmction Cost, duded in this Agreement or not customarily fumished in
analyses of owning and operating msts, or detailed quan- acmrdance with generally accepted architectural practice.
tity surveys or inventories of marerial, equipment and 7,8 TIME
labor.
1.8.7 The Architect shall per(orm Basic and Additional
1J.70 Pmviding in[erior design and o[her similar ser- Services as expediliously as is mnsistent with professional
vices required for or im m�nection with the selection, skill and care and the ordedy progress of the Work. Upon
pmcuremen[ or installation of furniture, furnishings and request of Ihe Owneq the Architect shail submi[ for the
related equipment Owner's appmval a schedule for (he performance of the
1J.71 Pmviding services for planning tenan[ or rental Architecfs services which shall be adjus[ed as required as
spaces. the Projec[proceeds,and shall indude allowances for peri-
1J.12 Making revisions in Drawings, Specifications or ods of time required (or Ihc Owne/s review and approval
other documents when such revisions are imm�sistent of submissions and for appmvals of authorities having
with wri[ren approvals or instmc[ions previously given, I�risdictionover�hePmjecCThisschedule,whenapproved
are required by the enactment or revision of mdez, laws by the Owner, shall noq except for reasonable cause, be
or regulations subsequent ro ihe preparation of such doo- exceeded by the Archi[ect.
uments or are due to other causes not solely within the .
mnvol of the Architect ARTICLE 2
1J.73 Preparing Drawings,Specifications and supportin6 THE OWNER'S RESPONSIBILITIES
data and providing o�her services im m�nection with
Change Orders to [he extent �ha[ the adjustment in the Z.� The Owner shail pmvide full in(ormation regarding
Buic Compensation resWting (rom ihe adjusted Com �equiremenis !or the Pmject induding a pmgram, which
s�mction Cos[ is no[ mmmensurate wilh ihe services re- shall set (or�h the Owner's design objectives, cons[raints
quired oi the Archirec[, provided such Change Orders are end ui�eria, Induding space requiremems and relation-
required by causes not solely wi[hin (he mnhol of ihe ships, (lexibiliry and expandabiliry, special equipmen[and .
Archi�ect. rystems and si�e requirements.
7J.W Making imestigations, surveys, valua[ions, invem ��Z �� �hp Owner pmvides a budget (or Ihe Pwjec[ it
tories or detailed appraisals of existing facilities, and serv- �hall indude mntingen<ies for bidding, change> in �he
ices required im m�nec[ion with mnstmction performed W�rk during mnstruction, and other msts which are �he
by �he O�rner. responsi6ililv of Ihe Owner, induding those described in
Ihis Arlide ? and in Subparagraph 3.12. The Owner shall,
7J.t5 Pmviding consuha�iom m�cerning replacement of at ihe request of the Architect, provide a statemen[ of
any lVork damaged 6y iire or o[her cause during mm (unds available for�he Projea,and iheir source �
AIA OONAIENT B1P • O\V3fN-ARCIIIiER AGMEE�IEM1i• f111NiEFVIH LDIIION • �VLY l9- • ilA9• OO l9p]
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RES. #516
2.3 The Owner shall designare, when necessary, a rep- signed, specified, selecred or specially provided for by
resentative authorized to act in the Owner's behalf with iheArchite<t.
respect to the Project. The Owner or zuch authorized 3.7.3 Constraction Cost does not indude the mmpen-
representative shall examine the documents suhmiued by sation of the Archirect and the ArchitecYs mnsultants,
the Architect and shall render decisions pertaining therero the cost of the land, rights-of-way, or other costs which
prompUy, ro avoid unreasonable deiay in the pmgress of are [he responsibilily of the Owner as provided in Arti-
the Ar<hitect's services. de 2.
2.4 The Owner shall furnish a legal description and a
icertified land survey of ihe site, giving, as appli<able, 3.2 RESPONSIBILITYfORCONSTRUCTIONC04
grades and lines of streels, alleys, pavements and adjoin- 3.4.7 Evalua[ions of ihe Owner's Pmjec[ budRei, 5[a[e-
i ing properry; rights-of-way, restrictions, easements, en- menis of Probable Cunsimction Cosl and Detalled
croachmen[s, zoning, deed resinc[ions, boundaries and Es[imares of Constmction Cos[, if any, prepared by [he
mnlours of the srte; bcations, dimensions and compiere Architect, represent the Archi[ect's best judgment as a
�� data pertaining to existing 6uildings, other improvements design professional familiar with the constmction indus-
and [rees; and full informatiom m�ceming available serv- try. It is recognized, howeveq [hat neither Ihe Architecc
ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate-
below grade, induding inverts and depths. rials or equipment, over the Conhactor's me�hods of de-
2.5 The Owner shall fumish the services of soil engi- termining bid prices, or over competitive bidding, market
neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Archicect
necessary by the Architect Such services shall indude rest �annot and does no[ warrant or represent that bids or
borings, test pi[s, soii bearing values, percolation tests, air �egotiared prices will not vary fmm [he Project budget
and warer pollution tests, ground mrrosion and resistiviry proposed, established or approved by the Owner, if any,
tests, induding necessary operations for de[ermining sub- or from any 5[atement of Probable Constmction Cost or
soil, air and water mndi[ions, with reports and appropri- other mst estimate or evaivation prepared by [he Archi-
ate proiessional remmmendations. tect.
Z.6 The Owner shall furnish sVUCtural, mechanical, 3.2Z No fixed limi[ of Constmction Cost shall be estab-
chemical and offier laboratory tests, inspections and re- lished as a mndition of this Agreemen[ 6y the fumishing,
ports as required by law or the Contract Documents. p�oposal or establishment of a Project 6udget under Sub-
4J The Owner shall furnish all legal, accounting and in- Paragraph i.'12 or Paragraph 21 or o[hervvise, unless such
surance counseling services as may he necessary at any ��xed limit has been agreed upon in wnting and signed by
time for the Project, induding such auditing services as �he parhes herem. If such a fixed limit has been estab-
the Owner may require to verify the Cwtractor's Applica- lished, Ihe Architect shail be permitted ro indude mn-
tions for Payment or ro ascertain how or for what pur- ��ngencies for design, hidding and pnce escalation, �o de-
poses the Convacror uses the moneys paid by or on be- termine what materials, equipment, mmponent systems
half of �he Owner. and types of mnshuction are to be induded in the Con-
tract Documents, ro make reasowble adjustmenis in ihe
2.8 The services, information, surveys and reports re- smpe of the Pmject and to indude in the Contract Dow-
quired hy Paragraphs 2A ihrough 2J indusive shall be ments altemate bids ro adjust the Constmction Cost ro the
furnished a[ the Owner's expense, and ffie Architect shall (ixed IimiL Any mch fixed limit shall be inueased in ihe
be entitled ro rely upon the accuracy and wmpleteness amount of any increase In the Conhact Sum occurring
thereof. aiter execution of the Contrac[ for Constmction.
2.9 If the Owner observes or otherwise bewmes aware 3.2.3 If the Bidding or Nego�iation Phase has no[ mm-
of any fault or defect in the Pmject or nomm�(ormance menced within ihree months a(ter the Architect submits
with the Contract Documents, prompt wril[en notice the Construction Documents ro the Owner, any Project
thereof shall be given by the Owner to �he Architec[, bvdget or fixed limit oi Conshuction Cos[ shall be ad-
P.10 The Owner shali furnish required information and lusted ro reilect any change in lhe general level of prices
services and shal� render appravais and decisions as ex- in [he mnstruction industn� between Ihe date of submis-
peditiously as necessary for the ordedy pmgress of the sion o( the ConstruUion Documen[s to Ihe Owner and
ArchitecPS services and of the Work. the date on which pmposals are sought.
3.2.4 If a Pmje<[ budget or fixed limit of Constmction
ARTICLE 3 Cost (adjusted as pravided in Suhparagraph 323) is es-
cecded by [he lowest bona fide bid or negotiated pro-
CONSTRUCTION COST posal, the Owner shall 11) 6ive writlen approval of an
;,� DEFINITION increase in mch (ixed limit, (2) authorize rebidding or re-
3.1.1 The Consimction Cost shall be the total cos[ or negotialing of the Project ��i�hin a reasonable �ime, (3) if
ihe Pmject is abandoned, termiwte in acmrdance �vith
estimated mst ro the Owner of all elements of the Project p��agraph '101, or (JI moperate in cevising ihe Pmjec� �
designed or specified by ihe Architect. smpe and quality as required m reduce the Consrcuction
3.1.2 The Cons�mc�ion Cost shall include at current Cost. In the case of (41, pmvided a fixed �Iml[of Constmc
market ra[es, induding a reasonable allowance for orer- Iion Cag has been e.tablished as a mndieion ot IhisAgree-
head ond pm(i�, the cost of labor and moterlals fumished ment, Ihe Archi[ect, H�ithout additlonil charge, sh�ll mod- i
by Ihe Owner and any equipment which has been dr i(y Ihe Dra�cings and Speciiicalions as necessaq�to mmply �
.�IA OONMENT B1b • 011'VEF-AFCHITLCT ACRFEVkNT• iHIRiEF\ill EDIiIO.V• ��M1Y l�q• AIAID� 'ii119])
6 81374977 nie nmeaiurv wsrrt�re or nxourecn, �ns Hc�v rox� nvenve, Hw., wnsuxmo�+, o.e naro6
— 20f —
RES. #515
� with the (ixed IimiL The pmviding of such service zhall be or exrended lhrough no fauit of the Archirecq compensa-
� the limit of the Archi[e<CS responsibility arising fmm the tion tor any 3asic Services requlred for such extended
� establishmen[ of such fixed limit, and having done so, the period of Administration of Ihe Consnu<tion Conhact
Archifect shall be entitled to mmpensahon for all services shall be mmpWed as sel forth in Paragraph 74A for Addi-
� perlormed, in acmrdance with this Agreement, whether tional Serv¢es.
or not the Consnucnon Phase is commenced. 6.1.4 When compensation is based on a percentage of
Constmction Cost, and any portrons of the Prolect are
ARTICLE 4 deleted or otherwise not mnsnuc[ed, mmpensahon for
DBECT PERSONNEL EXPENSE wch portions of the Project shall be payable to Ihe exrent
� services are performed on su<h portions, in acmrdance
4.1 Direct Personnel &pense is defined as the direct sal- wilh the schedule set forth in Su6paragraph 7421, based
anes of ali ihe ArchirecPs personnel engaged on the Pmj- on p� the lowest bona (ide bid or negotiared proposal oq
ect, and the pornon or the cost of [heu mandatory and Izl if no such bid or proposal is recerved, the most recent
cusromary mnvibutions and benefits related [herero,such Statement of Pmbable Conshucnon Cost or DeWiled Esn-
ias employmen[ taxes and other staW mry employee bene- male of Consimction Gost for such portions of the Project.
� fi[5, insurance, sick leave, holidays, vaca[ions, pensions 62 ppyMENT50NACCOUNTOP
and similar mntributions and benefits. AODITIONAL SERVKES
ARTICLE 5 61.1 Payments on acmunt of the ArchitecPs Additional
Servires as defined in Paragraph �7 and for Heimbursable
REIMBURSABLE EXPENSES Expenses as deiined in Artide 5 shall be made monthly
S.t Reimbursable Fxpenses are in addition to the Com- upon presentation of Ihe Archire<PS statement of services
pensation for Basic and Addi[ional Services and indude rendered or expenses incurred.
acNal expendiNres made by Ihe Architect and ihe Archi- 6.3 PAYMENTS WITHHELO
tect's employees and mnsultants ir, the in[erest of the 6.3.7 No dedu�tions shall be made fmm the ArchitecPs
Project for the expenses listed in the following Sub- compensation on acrount of penalry, liquidated damages
paragraphs: or olher sums withheld from payments to mntracrorz, or
5.1,1 Fxpense of Iransportation im m�nection wi[h the on account of [he mst of changes in the Work other than
Projecp living expenses im m�nection wi[h ouhof-rown those for which the Architect is held Iegally liable.
t�avel; long distance mmmunications� and fees paid fo� 6.4 PRO�ECTSUSPENSIONONTERMINATION
securing approval of authorilies having jurisdiction over 6.4.1 If [he Pro ect is sus ended or abandoned in whole
the ProjecL , 1 P
or in pan for more ihan three months, the Architec[shall
5.1.2 Expense of reproductions, postage and handling of he compensated for all services performed prior ro rereipt
Drawings, Speci(ications and o[her dowments, exduding of written notice from the Owner of such suspension or
repmductions for ihe office use of the Architect and the �bandonment, rogether with Reimbursable &penses Ihen
ArchitecCs mnsultanis. due and all Termination Expenses as defined in Paragraph
5.73 Expense of data processing and phorographic pro- 10.4. If the Pmject is resumed after being suspended for
duc[ion rechniques when used in connection with Addi- more than three mon�hs, [he ArchitecPS mmpensation
tional5ervices. shall be equitably adjusted.
5.7.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates. ARTICLE 7
5]S Expense of renderings, models and mock-ups re- qRCHITECT'S ACCOUNTING RECORDS
quesred by the Owner.
S.lb Ezpense of any additional insurance coverage or ��� Records of Reimbursable Expenses and expenses per-
limits, induding pro(essional lia6ility insurance, reques[ed taining to Additional Services and services performed on
6y the Owner in excess of that normally carried by the �he basis of a Multiple of Direct Personnel Expense shail
Architect and �he Architecfs mnsulWnts. be kep[ on ihe basis of generally accepted acmunting
principles and shall be available �o the Owner or the
ARTICLE 6 Owner's authorized representative at muWaliy convenient
times.
PAYMENTS TO THE ARCHITECT ARTICLE 8
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES pyyNERSHIP AND USE OF DOCUMENTS
6.1.1 An inilial payment as set (orth in Paragnph 14.1 is
�he minimum payment under this AgreemenC e.'I Drawings and Spe<ifications as insimmenis of serv-
6.1.2 Subse uent i�e are and shall remain the pmperty of ihe Architet!
q paymen[s for 8asic Services shall be �Uhether ihe Project for which they are made is execured
made monlhly and shall be in pmportion m services per- or noL The Owner shall be permiued m retain copies, im
(ormed �rithin each Phue of services, on Ihe basi's set ��uding repmducible mpies, o( Drawings and Spe<i(ica-
fonh in Arlide 14. tions for inlorma[ion and reierence im m�nection with the
b.7.3 li and lo the extent �hat [he Convact T.tie initially Owner's use and occupancv of the PmjecL The Drawings
established in the Contnct for Constm<tion is esceeded and Speci(ications shall not be used by the Owner on
AIA OONMEVT BIP � O\VRLR�AFCHIiER AGF[FAtE4i� ➢IIR1CLNi11 COIiION � �IILY 19?]� AIAx'� QQ lg)] ��
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_ �Q9 _
RES. #516
other pwlects, (or additions ro this Prol�t,or for mmple- 70.4 Termination Ezpenses indude expenses direcUy at-
cion ofihis Projecl by others provided che Architeccis not vibutabie to termination for which the Architect is not
in default under Ihis Agreement, except hy agreement in otherwise mmpensaled, plus an amount mmputed as a
writing and with appropriate compensation ro the Ar<hi- percentage of the rotal Basic and Additional Compensa-
�e�(, [ion earned to the time of rermina�ion, as follows:
8.2 Submission or dishihution ro meet oHicial regularory .i 20 percent if rermination occurs during the Sche-
requirements or (or other purposes in connection with the matic Design Phase; or
Prole<t is not to be mnstrued as publication in derogation ,Y 1p percent if termination occurs during Ihe Design
: of the Architect's rights. Development Phase; or
, .3 5 percent if termina[ion occurs during any subse-
ARTICLE 9 quent phase.
ARBITRATION � ARTICLE 17
9.7 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS
benveen [he panies to this Agreement, arising out of or
relating ro [his Agreement or the breach thereof, shall be ��•� Unless otherwise specified, this Agreement shall be
decided by arhihation in accordance wilh the Constmo- 6��erned by the law of the principal place of business of
tion Industry Ar6ivation Rules of the American Arhitra- the Architect.
tion Associa[ion ihen obtaining unless [he parties mutu- �1.2 Terms in ihis Agreement zhall have the same mean-
aily agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A20�, General Conditions
lating m this Agreement, shall indude, by consolida[ion, of the Contract for Constmction, current as of Ihe date
joinder or in any other manner,any additional person not of this Agreement.
a parry m this Agreement except hy writtem m�sent con- 77,; qs hetween the parties to this Agreement as to all
taining a specific reference to this Agreement and signed acts or failures to att by either parry to this Agreement,
by [he Architect, the Owner,and any other person sought any appli<able statute or limitations shall mmmenre ro
ro be joined. Any mnsen[ m arbitretion involving an ad- �un and any alleged cause of ac[ion shall be deemed m
ditional person or persore shall not constitute ronsent Io have accmed in any and all events not later than the rele-
arbitration of any dispute not destribed therein or with vant Date o( Su6stantial Completion of the Work, and as
any person not named or described therein. This Agree- �o any acts or failures lo act occurring after the relevant
ment ro arbitrate and any agreement to arhihate with an Dare o!Substantiai Completion, not later chan the date ot
additional person or persons duly mnsented to hy the issuance of the final Certificate for Payment.
par[ies ro �his Agreement shall be specifically enforceahle �� 4 The Owner and the Architect waive all righis
under the prevailing arbitra[ion law. against each other and against the mntractors, consulF
9.2 Nutire of the demand for arbihation shall 6e filed in ants, agents and empioyees of the other for damages mv-
writing with Ihe other parry ro this Agreement and with ered by any property insurance during mnstmction as set
the American Arbitration Association. The demand shall for[h in the edition of AIA Document A201, General Con-
be made within a reasonable time after the daim, dispute ditions, current as of ihe date of this Agreement The
or other matcer in question has arisen. In no event shall Owner and the Architect each shall cequire appropriate
�he demand for arbitration be made after the date when similar waivers from iheir con[racrors, consultants and
insti[ution of legal or equitable proceedin6s based on agents.
such daim, dispute or other matrer in question would he
6arred by [he appiicable statute of limita[ionz. ARTICLE 12
93 The award rendered by the ar6inators shall be final,
and judgment may be en[ered upon i[ in actordance wi[h SUCCESSORS AND ASSIGNS
applicable Iaw in any murt having jurisdiction �hereof. 12.1 The Owner and the Architect, respectively, bind
themselves, their partners, wccessors, assi6^s and legal
representatives to the other parry m this Agreemen[ and
ARTICLE W to the partners, su<cessors, assigns and legal representa-
TERMINATION OF AGREEMENT tives o( such other parry �vith respect ro all covewms of
[hiz Agreemen�. Neither the Owner nor�he Archilect shall
70.1 This Agreement may be terminated hy ei[her party assign, sublet or transfer any in[erest in this Agreement
upon seven days' written notice should Ihe o[her parry w��hout the writtem m�sent of the other.
fail substantially lo perform in acmrdance with its �erms
through no fault of Ihe parry ini[iating the termination. ARTICLE 13
10.2 This ABreement may be terminated by lhe Owner
upon at least seven days' writ[en notice ro ihe Architec[ EXTENT OF AGREEMENT
in the event that ihe Pwject is permanently abandoned. �3.1 This Agreement represents the entire and integraled
10.3 In the even[ of Iermination no[ the faul[ of the Ar �greement benveen the Owner and �he Arthitect and
<hi�ecL Ihe Architec[shall be rompensated for all services supersedes all prior negotiations, representalions or agree-
performed to �ermination date, together with Reimburs- menls, eithcr written or orai. This Agreement may be .�
able Expenses then due and all Termina[ion Eepenses as �mended only by written instrument signed by both �
delined in Paragraph '10.4. Owner and Archi[ect.
AIA DOCUMENT 91J1 • OK!:fR ARCHIiCQ ALREE��Ehi• iHiRiF6uin EDIIIOrv • IVLY lY" • AIA3 . Jl9))
8 Bti1•1977 THE AMENIUN IN41iUiE OF ARCl11iCQ5, lil5 NEW Y00.K AVENIE, NK'.� lVASHINQON. O.C. :WM '.
— 20h — l
, . RES. 7i516
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall mmpensaie the Architect for the Smpe o( Services pmvided, in aaordanre wi�h Artide 6, Payments
to the Architect, and Ihe o[her Terms and Conditions of ihis Agreemenq as follows:
14.1 AN INITIA� PAYMENT of NONE REQUIRED dollare (5 )
shall be made upon execution of this Agreement and credited [o the Owner's account as follows:
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES,as descrihed in Paragraphs L1 through t5, and any other services included in Artide'IS
as part of Basic Services, Basic Compensation shall be computed as follows:
IHOe rz bas ol mmvmzatian, incluEing fxetl amowb. mWnples or percenbpes.ana itlen�ily Phuo m wM1icF par�mhi me�hods d�omperua
Ime
uon app1Y, 11 neasnp'rv1 .
A LUMP SUM OF:
TPTF'NTY TWO THOUSAND FIVE HUNDRED AND NO/100THS
DOLLARS. . . . . . . . . . ($22, 500 . 00)
See Article 15 .1.2 on Page 11 for the initial obligation
portion of the above Liunp Sum. : .
14.2.2 Where mmpensation is hased on a 5[ipulared Sum or Percentage of Conshu<tion Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.12, so ihat Basic Compensa[ion for ea<h Phase shall
equal the following percentages of the total Basic Compensation payable: I
❑ncluEe any adduioml Pbases as appropriaeJ
Schematic Design Phase: Fifteen percent(15 �)
Design Development Phase: TWenty percent (p� %)
Conshuction Documen(s Phase: FoT'ty percent(40 �1
BiddingorNegotiationPhase: FiVe percent (OS ��
Constmction Phase: Twenty percent (pp %1 .
I
1A.3 FOR PROIECT RCPF[SENTATION BEYOND BASIC SERVICES, as desaihed in Paragraph 7.6, Compensation shall
be mmpured separareiy in azmrdance w�i�h Subparagraph 7.61. I
eie mcun�ur aw •o��v[a�neour¢i ncecc��[�ur• mix*eenn� eoinoN • imv�x.: • nin�. mir� g741-1977 9
}VE A�IENICAN IhSilil:iE Oi ARCMIiECR, l.'JS NCW 10RA A\ENUE, N W., WASHINGiON, U.G 3WM II
— 7�1 — �
RFS. p516
70.4 COMPENSATION FOR ADDITIONAL SERVICES
74.4.7 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as descri6ed in Paragraph t7, and any other services in-
duded in Article 15 as part of Additional Services, but exduding Additional Services of mnsvltants, Compen-
salion shall be mmputed as follows:
iH¢re inserl buis o/mm0e^iafion, indudrng nles mdbi mWliple5 Ol Oiie[1 FevonnN Gpense lO/P/in[ipv6 und employrei.anJ idenlib'Pnnopals
and dafSJY emPloYeei, il repuiretl. Identily spttibc servi[ee lo wM1iCM1 parfrmpr mNhods ol[OmpmsaliOn iPPIY, il nemisarYJ
1 . Principals ' time at the fixed rate of FIFTY FIVE
DOLLARS ($55. 00) per hour. For the purpose of this
Agreement, Principals are: �
Robert L. Yarbro
Richard J. Kempinger
2 . Employees ' time at a multiple of TWO POINT FIVE (2 . 5)
times the emplovees ' Direct Personnel Expense as
defined in Article 9 .
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, induding additional strucWral, mechanical and elearical
engineering services and those provided under Su6paragraph 17.21 or identi(ied in Artide �5 as part of Addi-
tional Services,a multiple of oRe point one five ! 1.15 �� Gmes Ihe amounls billed
to the Archi[ect for wch servi�es.
nd�miry,penr��yoes oi�n�,�iia�u��ninae�s. a,�wr.�d.i
14.5 FOR REIMBURSABLE E%PENSES,as described in Artide 5, and any other ilems induded in Artide 15 as Reim-
bursableExpenses,amultipleof One point one fiVe ( 1 .15 ) times ihe amounls ex-
pended by Ihe Architect, the ArchirecPS employees and consultants in the interest of ihe Project.
14.6 Paymenis due the Archi[ect and unpaid under this Agreement shall 6ear interes[ from the date payment is
due at the rate entered below, or in [he absence Ihereof, at ihe legal rate prevailing a[ the principal place of
business of the Architect.
Were msert am um ol Imerest agreed uponJ
�.USUrc law� o,�tl revWremems untle. iM Rdenl im�M1 m tend��s ac�-.imem � a�J �aca� c i�✓ o�M1�i �.p��a��on� a� Oio
Owncr�l and ArthimoYS prf^�iP+� placez ol bwiness. IFe locmion ol the Pini�c[antl eLe��here m t tM1e �alydiry ol�Fiz prannm. ppooLC le�,�l
atlnce �noultl be nbti�etl xiM .es0�a �o tleleeon. modfcauon, nr o�M1�. ..qw.�mrnr, soch es wmm���F+a�mmes a ��an.rzJ
14J The Owner and the Architect agree in accordance wi�h the Terms and Conditions of this Agreement that: �,
74J.1 IF THE SCOPE of the Projett or of the ArchitecCs Services is changed materially, the amounh af rompensation I
shall be equitably adjusted.
14.72 IF THE SERVICES covered by �his Agreemen[ havc not been mmple�ed within twelVe
(la monihs of the date hereof, ihrough no faul[ of ihe Architect, �he amounls uf compensa�ion, mtes and
mul�iples set torlh herein shall be equitably adjusted.
AIA DOCUMENT Blil • O\t'rvCR-AACllli[Q NCREtVt\f• IHIG4UIF F�IiION • �ULY I9t) .Alqw. pp �y'�
70 87414977 nie n,.iExicnr+ iesnroTC or nxcwrccrs. r�s new roec n��c��.E. ver.. �vnimn�r,.ou, o.c. :aus
_ Zp7 '
' ' �' � RF.S. #516
ARTICLE 15
OTHER CONDITIONS OR SERVICES
15.1 .1 Change 5.1.2 to read as follows:
"5.1.2 Expense of reproduction of Drawings,
Specifications and other pocuments, excluding
reproduction for the office use of the Architect
� � , and the Architect 's Consultants. At Owner's
s. » ' � -'option, �Owner may reproduce Drawings and
' • ' ' ��Spec��ications with Owner' s facilities. "
` � �� l i�:
. .�
15 .1.2 �'The initial obligatio❑ amount the Owner is
incurring is limited to $16 ,875. 00. The balance
of the total Lump Sum will not be obligated
until after the City of Oshkosh receives the
monies generated 6y the 1987 Capital Improvement
Bond sale.
A4 WNMENT 81�1 • O\VNER.A6CHIILQ AG8[LM[Ni • 1111qI[En�li� ... .iUrt . �:lT 19)) • P�M� Q 19])
iHE AM[NIUN IMIIIUIE Of pNO111fC15. UJS N[\Y TOAA A\'li\b!. N\V.. \1ASIIINLiON. 4G ]0.v4 B�R�-�JI) ��
- 20k -
RES. 7516 . ..
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin has caused this
Contract to be sealed with it ' s corporate seal and to be subscribed
to by it' s City Manager and City Clerk and countersigned by the
Comptroller of said City, and the party of the second part hereunto
sets it 's, his or their hand and seal the day and year first above
written.
In the presence of: ARCHITECT
� YARBRO-KEMPINGER ARCHITECTS� INC.
�o�h'�i-.' � ��1,-1.1:'�C�tl By
( al of Architect - if a Title
Corporation)
OWNER
CITY OF OSHKOSH, WISCONSIN
By
William D. Frueh, City Manager
By
Donna C. Serwas, City Clerk
I hereby certify that provisions
have been made to pay the
liability that will accrue to
the City of Oshkosh under this
Contract (Seal of City)
City Comptroller
Approved as to form and execution
City Attorney
AIA OOCUMENi Bui • OIVNERJ.NCH1ICCi GLREEMLti1 • 111�0.I[[bLl fUIIION• �Ill1 1Y.]� AIA1. Q�9))
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