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Home My WebLink About32517 / 83-09July 7, 1983 (CARRIED PURPOSE: INITIATED BY LOST LAID OVER � �7�3ill�li[�PI WITHDRAWN ) APPROVE ARCHITECTURAL AGREEMENT FOR BOWEN STREET DOCK CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached Architectural Agreement with Yarbro-Kempinger Architects, Inc. for replacement of the Bowen Street Dock. BE IT FURTHER RESOLVED that money for this purpose is hereby appro- priated from the Jobs Bill funds. — 11 — 0 SUHMITTED BY '� � � I � � �_�,, , s�,.... ' x � � c �ta�' _ }i�ws rx�. i.: r. ': t��.� t>s �, � - �- ��:'+.. . . .° . - RT�OT_L'1,T i..; ;= � K '� � �; , s. � ,a. , � M ` s ,` :: + ; �_ . . � . _. ._ - ,a .��. .�t . ..�. 't ..m,... .._ � `.,„-'.. .., 'c'`< s .� �� r t; r�� ' ��. ;�' 1 - . -�;- .. $ ' . � , OW^7ER' S COPY ., Y �-- . v. . _ •F�_ .. . � . � � -h, . THE AMERICAN INSTITUTE OF ARCHITECTS T .��:�a, :'v�'%n�:'�w �'"jy,� `=a ni AIA Document 6141 Standard Form of Agreement Between Owner and Architect 1977 EDITION 7HI5 DOCUMENT HAS IMPORTANT LEGAC CONSEQUENCES; CONSULTATIONWffN AN A7TORNEY IS ENCOURAGEU WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Fifteenth (15th�lay of JUNE in the year of Nineteen Hundred and Eighty-Three BETWEEN the Owner: The City of Oshkosh, Wisconsin and the Architect: Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue Post Office Box 2096 Oshkosh; Wisconsin 54903 For the following Project: (Include detailed description of Project location and scopeJ Dock Replacement Bowen Street at the Fox River Oshkosh, Wisconsin - 11A - The Owner and the Architect agree as set forth below. Copytight 791�, 9926, 19�19, t`i51, 1953, 19i8, 1761, 7963, "1966, �307, l9]0, 99i4, �� 59T. 6y lhe Amerl�an Inetim:e of Archi[ects, 7A5 New York Avenue, N.W., Washington, D.C. 20006. Reproduc[ion of Ihe ma[erial herein or substantial quotation of ils provisions wi:hout permission of the AIA vioiates the mpyright iaws of the United States and will be su6iect to leeal orosecution. RESOLUTION #9 TERMS AND CONDITIONS Of AGREEMENT BETWEEN OWNER AND ARCHITECT , ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The ArchitecYs Basic Services consist of the five phases described in Paragraphs '1.1 through 'I.5 and include normal structural, mechanical and electrical engineering services and any other services included in Artide 15 as part of Basic Services. �,� SCHEMATIC DESICN PHASE 1.'I.'1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Projec[ and shall revieev the understanding of such requirements with the Owner, 1.7.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.7.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schema[ic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submi[ to the Owner a State- ment of Probable Cons[ruction Cost based on current area, volume or other unit costs. �,2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- tricai systems, materials and such other elements as may be appropria[e . 1.2.2 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. �,3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the O�.vner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in de[ail the require- ments tor [he construction oi the Project. 7.3.2 The Archirect shall assist the Owner in the prepara- tion of the necessary bidding informa[ion, bidding forms, the Conditions of the Con[ract, and the form of Agree- ment between the Owner and the Contractor. 13.3 The Architect shall advise the Owner of any adjust- men[s to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. �,4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owners approval of ' the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. �,5 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACi 1.5.� The Construction Phase will commence with the award of the Contract for Construction and, together with the ArchitecPs obligation ro provide Basic Services under this Agreement, will terminate �vhen finai payment to the Contracror is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs fi rst. �.5.2 Uniess othenvise provided in this Agreement and incorporated in the Contract Documents, ihe Architect shall provide administration of the Contrect for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Ownec Instructions [o the Contrao- tor shall be for�varded through the Architect. The Archi- tect shall have authoriry to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by �vritten instrument in ac- cordance with Subparagraph 1.5.'16. 1.5.4 The Architect shall visi[ the site at intervals ap- propriate to the stage of mnstruction or as otherwise agreed by the Architect in �vriting to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous omsite inspections to check the quality or quan- tity of the Work. On the basis of such on-site observa- tions as an archirect, the Architect <hall keep the O�vner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.5.5 The Architeci shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions ot the Contractor, Sub- AIA DONMENT 6741 • OIYNEB-AftCMITEQ AGREEMENT • THIRTEENTH EDITION • JULY t977 • AIA�^ • pp '1977 THE AMERICAN INSTINTE OF ARCHITEQS, V75 NEW YORK AVENUE, NSN., WASHINGTON, D.C. 20006 — IZB — 6141-1977 3 contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Con[ract Documents. '1.5.6 The Architect shall at all times have access ro the Work wherever i[ is in preparation or progress. 1.5J The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.5.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the ArchitecYs observations at the site as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the poinc indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of th2 Work is in accordance with the Contrac[ Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Comple[ion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and fo any specific qualifica- tions stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contrector has used the moneys paid on account of the Contract Sum. 1.5.9 The Architect shall be the interpreter of the re- quirements of the Coniract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations neo- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contracror, and shall render written de- cisions, within a reasonable time, on all claims, disputes and other matters in question be[ween the Owner and the Contractor relating to the execution or progress of the Wbrk or the interpretation of the Contrect Documents. 7.5.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architec[ shall endeavor to seCUre faithful perform- ance by both the Owner and the Contracror, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in goud faith in such capaciry. - �I.S.YI The Architect's decisions in matters relating to artistic 2ffect shall be final if consistent with the intent of the Contract Documents. Tne Architec['s decisions on any other daims, disputes or other matters, induding those in question behveen the Owner and the Contrador, shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. 1.5.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is RESOLUTION # g necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have author- ity to require special inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.'13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Sampies, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall no[ indicate approval of an assembly of which the item is a component. 1.5.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documenis, and shall have authority to order minor changes in the Work not involving an adjustrnent in the Contract Sum or an extension of the Contrect Time which are not inconsistent with the intent of the Contract Documents. 1.5.15 The Architect shail conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owner's review written warranties and related documenu required by the Contract Documents and assembled by the Contracror, and shall issue a final Certificate for Pay- menL 7.5.16 The extent of the duties, responsibilities and lim- itations of authority of the Architec[ as the Owner's rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Architect. '1,6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 7.6.1 If the Owner and Archi[ect agree that more ex- tensive represeniation at the site than is destribed in Paragraph �.5 shall be provided, the Architect shalt pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such Projec[ Representatives shall be selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Architect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. � 1.6.3 Through the observations by such Project Repre- sentatives, the Architect shall endeavor ro provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project repreienta- tion shall not modify the rights, responsibilities or obliga- tions of [he Architect as described in Paragraph 1.5. �,7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article �5. They shali be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreeme�t, in addition to the compensation for Basic Services. AIA DOCUNE.VT B131 • OIV��ER��ftCHITKT AGRF.E�V6vT •?HIRlEESTH EDITIO�u • JUL1' 1°O7 •,411>. n I'iT 4 $1�1'��%% THE AMEFICAN INAITUTE OF AftCHITeQi, V3i .VEW YORK A�ENUE, ti.W., \YhSHINGTO`!, D.0 2L`OC6 — ZZC — 7J.7 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 7J.2 Providing financial feasibility or o[her special studies. 1.7.3 Providing planning surveys, site evaluations, envi- ronmentai studies or comparative studies of prospective sites, arld preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdic[ion over the Project. 1J.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Cons[ruction Documents Phase, when requested by the Owner. 7.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1J.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1J.9 Providing Detailed Esiimates of Construction Cost, analyses of owning and operating costs, or detailed quan- [ity surveys or inventories of material, equipment and labor. 1.7.'10 Providing interior design and other similar ser- vices required for or in connection with the selec[ion, procurement or installation of furniture, furnishings and related equipmenC 1.7.11 Providing services for planning tenani or rental spaces. 1.7.72 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistenc with writ[en approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to ihe preparation of such doc- uments or are due to other causes not solely within the con[rol of the Architect. 'IJ.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent tha[ [he adjustment in [he Basic Compensa[ion resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1J.14 Making investigations, surveys, valuations, inven- rories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1J.15 Providing consul[ation concerning replacement of any Work damaged by fire or other cause during con- RESOLUTION # 9 struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.'16 Providing services made necessary by the defaul[ of the� Contrador, or by major defects or deficiencies in the Work of [he Contractor, or by failure of performance of either the Owner or Contractor under [he Contract for Construction. 1.7.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 1.7.18 Providing extensive assistance in [he utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absente of a final Certificate for Payment, more than sixbj days after the Date of Substan[ial Completion of the Work. 1.7.20 Preparing to serve or serving as an expert witness in connection with any pubiic hearing, arbitration pro- ceeding or legal proceeding. 1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and eler trical engineering services for the Project. 7.7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.8 TIME 7.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consis[ent wi[h professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architec[ shall submit for the Owner's approval a schedule for the performance of the Architec['s services which shall be adjusted as required as the Project proceeds, and shali include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for th'e Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, fiexibility and expandability, special equipment and systems znd site requirements. 2.2 If the Owner provides a budget for the Project it shall include contin�encies for biddino, changes in the Work during construciion, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a s[atement of funds available for the Project, and their source. AIA DOCUMENT 6761 • OWNER-ARCHITEQ AGREEMENT • THIRTEENTH EDITION •�ULY t977 • AIA'� • �c 1977 THE AMEftICAN INSTITUiE OF ARCHITEQS, 7H5 NEW YORK AVENUE, N.\V., K'ASHINGTON, D.0 20006 — 11D — B141-1977 5 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the ProjecC The Owner or such authorized representative shall examine the documents submitted by the Architect�and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights-of-way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and irees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, induding such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the ConVactor uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entided to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any faulc or defect in the Project or nonconformance wi[h the Contract Documents, promp[ written notice thereof shall be given by the Owner to the Architect. 2.70 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the ArchitecYs services and of the Work. ARTICLE 3 CONSTRUCTION COST 3,� DEFINITION 3.�.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- G 8i47-7977 RESOLUTION #9 signed, specified, selected or specially provided for by the Architect 3.1.3 Construc[ion Cos[ does not include the compen- sation of the Architect and the ArchitecCs consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3,Q RESPONSIBILITY EOR CONSTRUCTION COST 3.2J Evaluations of the Owner's Project budget, 5[a[e- ments of Probable Consiruction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent [he Architect's best judgment as a design professional familiar with the cons[ruction indus- try. It is recognized, however, [ha[ neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contrectors methods of de- termining 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 Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Conshuction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit ot Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or othenvise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of consiruction are to be induded in the Con- [ract Documents, to make reasonable adjustments in the scope of the Project and to indude in the ConVaU Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contrad for Construction. 3.2.3 If the Bidding or Nego[iation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Projed budget or fixed limit of Construction Cost shall be ad- jusred to reFlect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.23) is ex- ceeded by the loevest bona tide bid or negotia!ed pro- posal, the Owner shall (1) give wri[ten approval of an increase in such fixed limit, (2! authorize rebidding or re- negotiating of the Projec[ within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph �10.2, or (4) cooperate in revising [he Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit oF Construc- tion Cost has been established as a condition of Ihis Agree- ment, the Architect, without additional charge, shall mod- ify [he Drawings and Specifications as necessary to comply AIA DONMENT B1J7 • OWNEA-ARCHITECT AGREEPnEVT • THiftTE6ATH EDITION • �ULY 19" • AIA� •� 19^ THE AMERICAN LtiSTIfU�E Of .1RCkiITEC75, "ITS NEIV IORK AVE\UE, \.�V., LVASNISG704, D.C. 2GGC6 — 11E — with the fixed limit. 7he providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entided to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and oiher statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: . 5.7.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.7.2 Expense of reproductions, postage and handling of Drawings, Specifications and ofher documents, excluding reproductions for Ihe office use of the Architect and the ArchitecYs consultants. 5.l.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. . 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 PAY�b1ENT5 TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.7.1 i.n initial payment as set forth in Paragreph 14.1 is the minimum payment under this Agreemen[. 6.12 Subsequent payments for Basic Services shall be made monthly and shail be in proportion to services per- formed within each Phase of services, on the basis set forth in Artide �4. 6.1.3 If and to the extent that the Contract Time initially established in the Contrac[ for Construction is exceeded RESOLUTION # 9 or extended through no tault of the Architect, compensa- tion tor any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph'14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any por[ions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the exten[ services are performed on such portions, in accordance with the schedule set forth in Subparagraph 742.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probabie Constructio� Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.� Payments on account of the ArchitecYs Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHEID � 6.3.1. No deductions shall be made from the Archirect's compensation on account of penalry, liquida[ed 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 is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensa[ed for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph �0.4. If the Project is resumed after being suspended for more than three months, the ArchitecYs compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and sen�ices performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generaliy accepted accounting principles and shall be availabie to the Owner'or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNFRSHIP A�ID USE OF DOCU��tENTS 8J Drawings and Specifications as inshuments of serv- ice are and shall remain the properry of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- duding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and occupancy of the Project. The Drewings and Specifications shall not be used by the Owner on AIA DOCL'MENT e1J1 • OAWER-ARCHITECT AG6E[MENi • Th!IKiEF.NiH EDITIO�� • �ULY �977 • AIA� • 09977 THE A,NERICAN INAITLTE OF ARCHITEQS, V3i NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000G — 11F — s�a�a9n � other projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in wri[ing and with appropriate compensation to the Archi- tect. 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publica[ion in deroga[ion of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereot, shall be decided by arbitration in accordance with the Construo- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbiVation, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any o[her manner, any additional person not a party ro this Agreement except by written consent con- taining a specific reference ro this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispu[e not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under Ihe prevailing arbitretion law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand 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. 9.3 The award rendered by [he arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 70 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' w:i[ten notice shouid the other party fail substantialiy to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 103 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, rogether with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph �0.4. RESOLTUION # g 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount wmputed as a percentage of the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic Design Phase; or .2 "10 percent if termination occurs during the Design Development Phase; or .3 5 percent if termination occurs during any subsr quent phase. ARTICLE 11 MtSCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the iaw of the principal place of business of the Archi[ect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A20I, General Conditions of the Contrect for Construction, current as of the date of this Agreement. 11.3 As between the parties ro this AgreemenL• as to all acts or failures to act by either parry to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of [he finai Cerfificate for Payment. 1�.4 The Owner and the Architect waive all rights against each other and against the contracrors, consult- ants, agents and employees of the other for damages cov- ered by any property insurence during construction as set forth in the edition of AIA Document A20'I, General Con- ditions, current as of the date of this AgreemeM. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSfGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other parry to this Agreement and ro the partners, successors, assigns and legal represenp- tives of such other party with respect to all covenants of this AgreemenC Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreemen[ without the writtem m�sent oF the other. ARTICLE 13 EXTENT OF AGREEMENT 73.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT U7#1 • Q�1'��E2-A3CHITEQ AGRE6N6Vi • THIRfEf�'TH EOICOV • �U!T' l•U' •.111� • � 137 H B74"I-'I9ii THE AMERIC.AN INSTITU7E OF ARCHITEQS, 7i35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. :0006 — 11G — RESOLTUION # 9 ARTICLE �4 BASIS OF COMPENSATION The Owne� shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Paymen[s to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of (NONE ) dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1."I throuoh "I.S, and any other services included in Article'IS as part of Basic Services, Basic Compensation shall be computed as follows: (Here inserl basis o/ compensation, induding fixed amounts, multiples or percentages, and identify Vhases to which particular methods ol mmpensa- tion apply, if necessaryJ � . Basic Compensation shall be a Lump Sum of THREE THOUSAND NINE HUNDRED EIGHTY AND NO/100THS DOLLARS ..............................�$3,980.00) 't4.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.12, so that Basic Compensation for each Phase sha�l equal the following percentages of the total Basic Compensation payable: (Indude any additional Phazes as appropriateJ Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: percent (15 °/a) percent (2 p %) percent (Q Q %} percent (O S %) percent (2 p %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensa[ion shall be computed separately in accordance with Subparegraph 1.6.2. AiA �OCUMEN? 8131 • O\VNER-.4RCHREQ AGftEEMENT • THIR?EE�:TH EDI?ION • JULV �9]] • AIA� • OO 79]7 THE n.b1"cRIG9N INS�IiUTE OF ARCiiITECTS, l]li NEIV ypRK AVENUE, N!N., 11';\SH;NGfON, D.C. 2Cfn:6 8�4�'�9%% 9 - 11H - RESOLUTION # 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 74.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph '1.7, a�d any other services in- cluded in Article "IS as part of Additionai Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here inser[ basis of mmpensa[ion, including rates andlor mul[iples of Direct Personnel Expense far Principals and employees, and iden[ily Principals and classily employees, if required. Identily specilic services to which par[icular methods of mmpensation apply, :! necessaryJ 1. Principals' Time at the fixed rate of FORTY FIVE DOLLARS ($45.00) per hour. For the purpose of this Agreement, Principals are Robert L. Yarbro Richard J. Kempinger Employees' Time at a multiple of TWO POINT FIVE (2.5) times the employees' Direct Personnel Expense as defined in Article 4. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including addi[ional struc[ural, mechanical and electrical engineering services and those provided under Subparagreph '17.21 or identified in Ar[icle "IS as part of Addi- tional Services, a multiple of on2 point one five ( 1.15 ) times the amounts billed to the Architect for such services. (Identity specific types of conwftants in Ar�ide li, if reqoired.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Ar[icle 15 as Reim- bursable Expenses, a multiple of one point one five ( 1.15 ) times the amounts ez- pended by the Architect, the Architect's employees and consultants in Ehe interest of the Project. '14.6 74.7 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principat place of business of the Architect. Mere insert any rate o/ interes! agreed upon.) (Usury law. and requirements under !he fedeial 7mth in Lending Acq similar state and local mnsumer credi[ Imv, and other regulations a[ the Ownei's and Architect's principa! places o! business, Ihe bca[ion of the Project and elsewhere may aNect tFe validiry ol this provitioa Specific lega( advi<e chou7d be obtained wifh respeR ro ddNtion, modiflc�tion, or other reqoiiemenrs suth as writron dcdosures or �vaire�s ) The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that 14J.1 IF THE SCOPE of the Project or of the Architect's Services is changed materiaily, the amounts of compensalion shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (12 ) () months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCLLMENT B131 • OWVER-ARCHITECT AGREEM64T • THIRTEENTii EDITION • JU�V 19>i • AIA'� •� 797 7.7 Q�4�'7�7% THE A`d"cRICAN INSfITUTc OF qpCNllECTS, �]35 N6vV YORK AVERUE, N.bV., Stl:\SHItiGTOV. C1.0 :'CC6 — ZZI — RESOLUTION # 9 ARTICLE 15 OTHER CONDITIONS OR SERVICES See Yarbro-Kempinger Architects, Inc.'s letter, dated 27 May 1983, to Mr. Boyd Kraemer (copy attached), regarding: 2. Understanding O£ Project II. Scope o£ Architectural Services III. Services Not Included In The Lump Sum Proposal - 11J - AIA OOCUMENT Biil • OIV.tiER-ARCHILEQ AGRC6NENT •�IIIRiELtiTH EDITION •�UIY lJi7 • NAg • OO 19ii THE AMERICAN I�STITUTE OF ARCHRKTS, V75 NEW VORK AVENUE, N.W., WASHINGTON, D.C. 20006 B��i�-�I%% 'I� RESOLUTION # 9 AIA DOCVMENT 6�17 • OYVNER�nRCHITECT AG2E6b1EVT • THIRTEE�?H flpR10.V •)ULY i9T] • TiA� • �^19T] �2 BT4�-�9%% THE AMERICAN Ih'SiITUTE OF ARCHITKTS, �J3i YEW YOKK AVENUE, N.W., W'ASHISGTON, D.G ?C�06 RESOLTUION # 9 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT CITY OF OSHKOSH, WISCONSIN YARBRO-KEMPINGER ARCHITECTS, INC. gy by City Manager By By City Clerk I hereby certify that the necessary provisions have been made to pay the liabilities that caill accrue due to this Contract. By City Comptroller Approved As To Form By ` Date Attorney For Owner - 11L - 13 �� yarbro - kempinger �y � � architects ��1018 W. SOUTH PARK AVENUE 27 May 1983 RESOLUTION # 9 nc. • POST OFFICE BOX 2098 • OSHKOSH, WISCONSIN 50.903 • 41 V235-1110 Mr. Boyd Kraemer, Parks Director City of Oshkosh 215 Church Avenue Oshkosh, Wisconsin 54901 RE: Proposed Dock Replacement Bowen Street at Fox River Oshkosh, Wisconsin Mr. Kraemer: We propose to provide Architectural Services for the above project as follows: I. UNDERSTANDING OF PROJECT A. Remove existing dock, where * B. Provide new "Tee" dock with 1. 6 feet wide by 132 feet 2. 8 feet by (48 feet min. dock area (perpendicular necessary. long walkway. to 75 feet max.) to 3. Provide post and cable type walkway). railings. II. SCOPE OF ARCHITECTURAL SERVICES � A. Includes all structural engineering. B. Field investigation of existing pilings by boat, (BOat will be provided by the City of Oshkosh). C. Research and investigation of existing harbor line (our proposal includes an allowance of $3Q0.00 for this purpose). Time expended beyond that amount would be billed as additional services. D. We will provide a complete set of plans and specifi- cations for the purpose of public bidding. If sub- stantial "Federal Boiler Plate" is required in the front of the spec., such "Boiler Plate" will be provided to us by the City of Oshkosh. E. We will review shop drawings and we will supervise construction. F. Our proposal also includes providing a cost estimate III. S B. C. of the project. NOT INCLUDED IN THE LUMP SUM PROPOSAL J specizications. does not intend to make the reproductions, charge on a time and material basis. If City Hall we will Plan approval fees, etc., charged by any Agency. Meetings with DNR, Corp of Engineers, etc., if required, because of complications, would be charged as additional services. - 11M - . ( � RESOLUTION # 9 . 27 May 1983 Mr. Boyd Kraemer Page 2 We propose a lump sum fee of Three Thousand Nine Hundred Eighty and No/100 Dollars ($3980.00). * Fee includes a study to reuse as much of existing dock as possible, as determined by the on site study. If this proposal is acceptable, we will prepare the standard AIA document B141 between Owner and Architect. Respectfully, YARBRO-KEMPZNGER ARCHITECTS, INC. . � Richard J. Kempinger RJK/ms - 11N - t` i.. . »..__.._.._...-._�-.. _. ...._ � : � .__._.. . _ .1 ._...._ ..__.,.. . . t�_._ _''.'_.�.:�..'_: --. wt+ � � ti � ��' � � � � � _, � � � � x �� W \ � � 0 � �• 0 � �3 O a � O T7 ct � � (D � �