HomeMy WebLinkAbout29416 / 78-13P�ril 6, 1978 # 13 RESOLU'I'ION
PL`�PO..E: ALFI'HORIZE AGRF��,T1T WITH A�FiI1rCTS FOR PARKING LO'I' IMPROVE.��NTS
I\'ITIAT� BY: CITY ADMINTSTRATION
BE IT RESOLUED by the Corr�non CoLU:cil of the Cit�� of Oshkosn that the proper
Ci�y officials are hereby authori.zed and ciirected to enter into the attached
ac,7eement with Yarbro-Kem�inger .Architects for architectu.al services in
cn^�nection with parking lot im�rovements at a cost of $5,000. Money for this
p��ose is hereby appropriated from the 1978 Capital I�oroverr�ents Program.
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THE AMERICAN INSTITUTE OF ARCHITECTS
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AlA Document 6141
Standard Form of Agreer�eni I�e�ween
O�nrr�er and Architec�
THIS DOCUMENT HAS IMPORTA,VT LEGAL CO:ti'SEQUENCES; CONSULTATION WITH
AN ATTORNEY f5 ENCOURAGED WI7H RESPECT TO IT$ C0,1�fPLET10N OR MODIfICATION
AGREEMENT
made this Twenty-Seventh (27t�)day of February in the year of Nineteen
Hundred and seventy Eight
BETWEEN the Owner: The City of Oshkosh, Wisconsin
A Municipal Corporation
and the Architect: Yarbro-Kempinger, P.rchitects
Oshkosh, Wisconsin
For the following P� oject:
llndude detai;ed descr+ption oi ?rojett 4ocaiion and scope)
Parking Lot Improvements
at three (3) Downtown Locations
Ojhkosh, Wisconsin
See �ppendix "A" for Lot Locations
and defined scope of work at each Lot
The Owner and the Architect agree as set forth below.
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMEtiT • JA\UARY ?9i-t EDITIO\ • AIAO • O'1974
THE A,�IERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK A�'E., N.�V., WASHWG70N, D. C. 20006
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FIXED FEE
I. THE ARCHITECT shall provide professional sen�ices for the Project in accordance with the Terms
and Conditions of this Agreement.
II. THE O�VNER shall compensate the Architect, in accordance �vith the Terms and Conditions of this
Agreement.
*See A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shail be computed
belOw on the basis of a fIXED FEE
FIVE THOUSAND AND NO/100THS. . . . . . . . , dollars ($ 5, 000.00 �•
B. FOR ADDlTIONAL SERVlCES, as described in Paragraph 1.3, compensation computed as follows:
�. Principals' time at the fixed rate of Thirty dollars ($ 30. 00 ) per hour.
For the purpose of this Agreement, the Principals are:
Robert L. Yarbro
Richard J. Kempinger
2. Employees' time (other than Principals) at a multiple of two pOint five
( 2. 5 ) times the employees' Direct Personnel Expense as defined in Article 4.
3. Services of professional consultants at a multiple of one point zero tW0
� 1.02 ) zimes the amount billed to the Architect for such services.
C. AN I;vITlAL PAYMENT of None Required
dollars ($ )
shall be made upon the execution of this Agreement and credited to the Owner's account.
D. FOR REIMBUKSA6LE EXPENSES, amounts expended as defined in Article 5.
III. THE O\'�'NER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree-
ment that:
A. 1F SCOPE of the Project is changed materially, compensation shall be the subject to renegotia-
tion.
B. !f THE SER�lCES covered by this Agreemen± have not beer. completed within tWelV2
( 12 ) months of the date hereof, the amounts of
compensation, rates and multiples set forth in Paragraph II shall be subject to renegotiation.
*The $5�0.00 preliminary sketch fee as authorized at the Parking
Utility Commission meeting on January 11, 1978, is hereby made
a part of this FIXED FEE.
AIA DOCUMENT 6141 • O�VtiER-ARCNITECT AGREEMENT •)A\UARY 19i4 EDITIO�I • AIAOO • 001974
THE A,�IERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.�V., Wi15HINGTO\, D. C. 20006 2
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TERMS AND CONDITIONS UF AGREEMENT BETWEEN OV1,�NER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES
7.1 BASIC SERVICES
The Architect's Basic Services consist of the five
phases described below and include normal struc-
tural, mechanical and electrical engineering services
and any oiher services included in Article 14 as
Basic Services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall confirm such requirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the
Architect shall prepare Schematic Design Studies consist-
ing of drawings and other documents illustrating the
scale and �relationship of Project components for ap-
proval by the Owner.
1.1.3 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved
Schematic Design Studies, for approval by the Owner, the
Design Development Documen±s consisting of drawings
and other documents to iix and describe the size and
character of the entire Proj�ct as to structural, mechani-
cal and electrical systems, materials and such other essen-
tials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
CONSTRUCTION DOCUMENT� PFiASE
1.1.6 The Architect shali prepare from the approved
Design Development Documents, for approval by the
Owner, Drawings and Specificatians settir.g forfh ir,
detail the requirements for the carstruction of the entire
Project including the necessary bidding information, and
shall assist in the Freparation of bidding forrns, the Con-
ditions of the Contract, and the form of Agreement
beriveen the Ow�ner and the Contractor.
1.1.7 The Architect shall advise the Owner of any
adjustments to previous Statements of Probable Con-
struction Cost indicated by changes in requirements or
general market conditions.
1.7,8 The Architect shall assist the Owner in filing the
required documents for the approval of governmental
authorities having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.7.9 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the O�vner in
obtaining bids or negotiated proposals, and in a�varding
and preparing canstruction contracts.
C�NSTRUCTION PHASE — ADMINISTRATION
OF THE CONSTRUCTION CONTRACi
1.1.�0 The Construction Phase will commence with the
a�vard of the Construction Contract and will terminate
when the final Certiiicate for Payment is issued to the
Ow�ner.
1.1.11 The Architect shalt provide Administration of the
Construction Contract as set forth in AIA Document
A201, General Conditions of the Contract for Construc-
tion, and the extent of his duties and responsibilities and
the limitations of his authoriry as assigned thereunder
shall not be modified withoui his written consent.
1.1.72 The Architect, as the representative of the Owner
during the Construciion Phase, shatl advise and consult
with the O�vner and a1( of the Owner's instructions to
the Contractor shall be issued through the Architect. The
Architect shall have authority to act on behalf of the
O+ti•ner to the extent provided in tF�e General Conditions
unless otherwise modified in writing.
1.1.13 The Architect shalt at atl times have access to
the Work wherever it is in preparation or progress.
1.1.14 The Architect shatl make periodic visits to the
site to familiarize himself generally with the progress and
quality of the Work and to determine in general if the
Vt�ork is proceeding in accordanee with the Contract
Documents. On the basis of his on-site observations as
an architect, he shalt endeavor to guard the Owner
against defects and deficiencies in the Work af the Con-
tractor. The Architect shall not be required to make
exhaustive or continuous on-site inspections to check the
quality or quantity ot the �'Vork_ 7he Architect shal( not
be responsible for construdion means, methods, tech-
niques, sequences or procedures, or for safety precautions
and programs in connection �vith the Work, and he shall
not be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documenis.
9.1.15 Based on such observations at the site and on
the Contractor's Applications for Payment, the Architect
shall determine the amount owing to the Contractor and
shalf issue Certificates for Payment in such amounts. The
issuance of a Certifitate for Payment shall consiitute a
representation by the Architect to the Owner, based on
the Architect's obsen-ations at the site as provided in
Subparagraph 1.1.14 and the tiata comprising the Appli-
cation for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowl-
ed;e, infarmation and belief, the quality of the Work is
in accordance with the Contract Documents (subject to
an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the
results of any subsequent tests required by the Contract
AIA DOCUMENT B147 • O�ti'VER-ARCHITECT AGREEMENT • JA�UARY 1974 EOITION • AL'1� • 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.�V., WASHINGTO�t, D. C. 20006 3
Documents, to minor deviations from the Contract Docu-
ments correctable prior to completion, and to any specific
qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount
certified. By issuing a Certificate for Payment, the Archi-
tect shall not be deemed to represent that he has made
any examination to ascertain how and for what purpose
the Contractor has used the moneys paid on account of
the Contract Sum.
7.1.16 The Architect shall be, in the first instance, the
interpreter of the requirements of the Contract Docu-
ments and the impartial judge of the performance there-
under by both the O�vner and Contractor. The Architect
shall make decisions on all claims of the Owner or Con-
tractor relating to the execution and progress of the Work
and on all other matters or questions related thereto.
The ArchitecYs decisions in matters relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents.
1.1.�7 The Architect shail have auti�ority to reject Work
which does not conform to the Contract Documents.
Wheneve{, in his reasonable opinion, he considers it nec-
essary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have
authority to require special inspection or testing of any
Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated,
installed or completed.
1.1.18 The Architect shall review and approve shop
drawings, samples, and other submissions of the Contrac-
tor only for conformance �vith the design concept of the
Project and for compliance with the information given
in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to de-
termine the Dates of Substantiaf Completion and final
completion, shall receive and review written guarantees
and related documents assembled by the Contractor, and
shall issue a final Certificate far Payment.
1,1.21 The Architect shall not be responsible for the
acts or omissions of the Contractor, or any Subcontrac-
tors, or any of the Contractor's or Subcontractors' agents
or employees, or any oTher pe:sons performing any• of
the Work.
�,2 PROJECT REPRESENTATiON BEYOND BASIC SERVICES
1.2.1 If more extensive representati�n at the site than
is described under Subparagraphs 1.1.10 through 1.1.21
inclusive is required, and if the Owner and Architect
agree, the Architect shall provide one or more Full-Time
Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be
selected, employed and directed by the Architect, and the
Architect shall be compensated therefor as mutually
agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
1.2.3 7he duties, responsibilities and limitations of au-
thority of such Full-Time Project Representatives shall be
set forth in an exhibit appended to this Agreement.
1.2.4 Through the on-site observations by Fuli-Time
Project Representatives of the Work in progress, the Ar-
chitect shall endeavor to provide further protection for
the Owner against defects in the Work, but the furnish-
ing of such project representation shall not make the
Architect responsible for construction means, methods,
techniques, sequences or procedures, or for safety pre-
cautions and programs, or for the Contractor's failure to
perform the Work in accordance with the Contract
Documents.
�,3 ADDITIONAL SERVICES
The following Services shall be provided when au-
thorized in writing by the Owner, and they shall be
paid for by the Owner as hereinbefore provided.
1.3.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project.
1.3.2 Providing financial feasibility or other special
studies.
1,3.3 Providing planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites.
1.3.4 Providing design services relative to future facili-
ties, systems and equipment which are not intended to
be constructed as part of the Project.
1.3.5 Providing services to investigate existing condi-
tions or facilities or to make measured drawings thereof,
or to verify the accuracy of drawings or other informa-
tion furnished by the Owner,
7.3.6 Preparing documents for alternate bids or out-of-
sequence services requested by the Owner.
1.3.7 Providing Detailed Estimates of Construction Cost
or detailed quantity surveys or inventories of material,
equipment and labor..
1.3.8 Providing interior design and other services re-
quired for or in connection with the selection of furni-
ture and furnishings.
1,3.9 Providing services for planning tenant or rental
spaces.
�1.3.10 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given
and are due io causes beyond the control of the Archi-
tect.
1:3.11 Preparing supporting data and other services in
connection with Change Orders if the change in the
Basic Compensation resulting from the adjusted Contract
Sum is not commensurate with the services required of
the Architect.
1.3.12 Making investigations involving detailed apprais-
als and valuations of existing facilities, and surveys or
inventories required in connection with construction
performed by the Owner.
1.3.13 Providing consultation concerning replacement
of any Work damaged by fire or other cause during con-
struction, and furnishing professional services of the type
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEME�T • JANUARY 1974 EDITION • AIAO • 0�974
4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE4V YORK AVE., N.W., WASHINGTON, D. C. 20006
set forth in Paragraph �.� as may be required in connec-
tion with the replacement of such Work.
1.3.�4 Providing professional services made necessary
by the default of the Contractor or by major defects in
the Work of the Contractor in the performance of the
Construction Contract.
1.3.�5 Preparing a set of reproducible record prints of
drawings showing si�nificant changes in the Work made
during the construction process, based on marked-up
prints, drawings and other data furnished by the Contrac-
tor to the Architect.
1.3.16 Providing extensive assistance in the 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 opera-
tion and maintenance, and consultation during operation.
7.3.17 Providing services after issuance to the Owner of
the final Certificate for Payment.
1.3.18 Preparing to ser��e or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.3.79 Providing sen-ices of professional consultants for
other than the normal structural, mechanical and electri-
cal engineering services for the Project.
1.3.20 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
ARTICLE 2
THE OWNER'S R�S?ONStBILITIES
2.1 The Owner shall provide ;u(I information, including
a complete program, regarding his requirements for the
Project.
2.2 The Owner shall designate, �vhen necessary, a rep-
resentative authorized to act in his behalf with respect to
the Project. The O���ner shal! examine documents sub-
mitted by the Architect ana shal! render decisions per-
taining thereto prorr�ptly, to a�aid unreasonable delay in
the progress of the Architec.t's services.
2.3 The Owner sha!I furnish a certified land survey of
the site giving, as applicab!e, �rades and lines of streets,
alleys, pa��ements and ad�oining property; rights-of-way,
restrictions, easemen;s, encroachments, zoning, deed re-
strictions, boundarie� and contours of the site; locations,
dimensions and comp!ete data pertaining to existing
buildings, other improvements and :rees; and full infor-
mation concernsng a��ai(able service and utility lines both
public and prira,e, above and below grade, including
inverts and dep;ns.
2.4 The Owner shal( rurnish the services of a soils engi-
neer or other consultant tivhen such services are deemed
necessary by the Archi:ect, including reports, test borings,
test pits, soil b2aring values, percolation tests, air and
water pollution test�, ground corrosion and resistivity
tests and other neces_ary operations for determining sub-
soil, air and water conditions, with appropriate profes-
sional recommendations.
2.5 The Owner shall furnish structural, mechanicai,
chemical and other laboratory tests, inspections and re-
ports as required by la�v or the Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and
insurance counseling services as may be necessary for the
Project, and such auditing services as he may require to
ascertain how or for what purposes the Contractor has
used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports re-
quired by Paragraphs 2.3 through 2.6 inclusive sha[I be
furnished at the Owner's expense, and the Architect sha(!
be entitled to rely upon the accuracy and completeness
thereof.
2.8 If the Owner becomes aware of any fau(t or defect
in the Project or non-conformance with the Contraet
Documents, he shall give prompt written notice thereof
to the Architect.
2.9 The Owner shall turnish information required of him
as expeditiously as necessary for the orderly progress of
the Work.
ARTlCLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as tf�e basis
for determining the ArchitecYs Compensation for Basic
Services, it shall be the total cost or estimated cosi to
the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as
follows, with precedence in the order listed:
3.1.1 For completed construction, the cost of alt such
Work, including costs of managing construcfion;
3.�.2 For Work not constructed, (1) the lowest bona fide
bid received from a qualified bidder for any or all of such
Work, or (2) if the Work is not bid, the bona fide nego-
tiated proposal submitted for any or all of such Work; or
3.1.3 For �Vork for �vhich no such bid or proposal is
received, (1) the latest Detailed Estimate of Construction
Cost if one is available, or (2) the latest Statemen[ of
Probable Construction Cost.
3.2 Construction Cost does not include the compensa-
tion of the Architect and his consultants, tf�e cost of the
land, rights-of-way, or other costs which are the responsi-
bility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 The cost of labor, materials and equipment furnished
by the Owner for the Project shalf be included in the
Construction Cost at current market rates including a
reasonable allowance for overhead and profit.
3.4 Statements of Probable Construction Cost and De-
tailed Cost Estimates prepared by the Architect represent
his best judgment as a design professionaf familiar �vith
the construction industry. It is recognized, however, ihat
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the con-
tractors' methods of determining bid prices, or over com-
petitive bidding or market conditions. Accordingly, the
AIA DOCUMENT 6141 • O�b'\ER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA� • 01974
THE AhlERICAN I\STIT�TE OF ARCHITECTS, �735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 5
Architect cannot and does not guarantee that bids will
not vary from any Statement of Probable Construction
Cost or other cost estimate prepared by him.
3.5 When a fixed limit of Construction Cost is estab-
lished as a condition of this Agreement, it shall be in
writing signed by the parties and shall include a bidding
contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is estab-
lished, the Architect shall be permitted to determine what
materials, equipment, component systems and types of
construction are to be included in the Contract Docu-
ments, and to make reasonable adjustments in the scope
of the Project to bring it �vithin the fixed limit. The archi-
tect may also include in the Contract Documents alter-
�ate bids to adjust the Construction Cost to the fixed
limit.
3.5.7 If the Bidding or \egotiating Phase has not com-
menced �vithin six months after the Architect submits the
Construction Documents to the Owner, any fixed I'rmit
of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the
general level of prices �vhich may have occurred in the
construction industry for ihe area in which the Project is
located. The adjustm�nt shall reflect changes beriveen
the date of submission of the Construction Documents
to the Owner and the date on which proposals are
sought.
3.5.2 �1'hen a fixed limit of Construction Cost, including
the Bidding contingency !adjusted as provided in Sub-
paragraph 3.5.�, if applicable), is established as a condi-
tion of this Agreement and is exceeded by the lowest
bona fide bid or negotiated pr000sal, the Detailed Esti-
mate of Construction Cost or ;he Statement of Probable
Construction cost, the O�e•ner shall (1) give �vritten ap-
proval of an increase in such fixed limit, (2) authorize re-
bidding the Project �vithin a reasonable time, or (3j co-
operate in revising the Project scope and quality as re-
quired to reduce the Probable Construction Cost. In the
case of (3) the Architect, �ti�ithout aclditional charge, shall
modify the Dra�vings and Speciiications as necessary to
bring the Construction CosT �vithin the fixed limit. The
providing of such ser�-ice shall be the limit of the Archi-
tect's responsibility in this regard, and having done so,
the Architect shall be enti;?ed to compensation in accord-
ance with this Agreem2nt.
ARTICLE 4
DIRECT PFRSONNEL EXPENSE
Direct Personne{ Expens� is defined as ihe salaries of
professional, technical and clerical employees engaged
on the Project by the Architect, and the cost of their
mandatory and cus*omary benefits such as statutor}� em-
ployee benefits, insurance, sick (eave, holidays, vacations,
pensions and similar benefits.
ARTICLE 5
REIMSURSABLE 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, his employ-
ees, or his professional consultants in the interest of the
Project for the expenses listed in the foliowing_Subpara-
graphs:
5.1.1 Expense of transportation and living when travel-
ing in connection with the Project; long distance calls
and telegrams; and fees paid for securing approval of
authorities having jurisdiction over the Project.
5.1.2 Expense of reproductions, postage and handling
of Drawings and Specifications excluding duplicate sets
at the completion of each Phase for the Owner's review
and approval.
5.1.3 lf authorized in advance by the Owner, expense
of overtime �vork requiring higher than regular rates and
expense of renderings or models for the Owner's use.
5.1.4 Expense of computer time for professional services
when included in Paragraph II.
5.1.5 Expense of computer time when used in connec-
tion with Additional Services.
ARTICLE 6
PAYMENTS TO THE AR�HITECT
6.1 Payments on account of the ArchitecYs Basic Serv-
ices shall be made as follows:
6.1.1 An initial payment as set forth in Paragraph II is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly in proportion to services performed so
that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Mul-
tiple of Direct Personne! Expense, shall equal the follow-
ing percentages o£ the total Basic Compensation:
Schematic Design Phase ........ 15%
Design De��elopment Phase ...... 35%
Construction Documents Phase ... 75%
Bidding or Negotiation Phase .... 80%
Construction Phase ............ 100%
6.1.3 If the Contract Time initially established in the
Construction Contract is exceeded by more than thirty
days through no rault of the Architect, compensation for
Basic Services per�ormed by Principals, employees and
professional consultants required to compiete the Ad-
ministration of the Construction Contract beyond the
thirtieth day shall be computed as set forth in Para-
graph II for Adciitional Services.
6.2 Payrnents for Additional Services of the Architect as
defined in Paragraph 1.3, and for Reirnbursable Expenses
as defined in Article 5, shall be made monthly upon
presentation of the Architect's statement of services ren-
dered.
6.3 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated dam-
ages, or other sums ��ithheld from payments to con-
tractors.
6.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect
AIA DOCUMENT 6141 • O�Y\ER-AQCHITECT AGREE�tENT • JANUARY 1974 EDITION • AIAO • 01974
6 - THE A.`1ERICAN INSTITUTE OF ARCHITECTS, �735 NE�b' YORK AVE., N.VV., WASHINGTON, D. C. 20006
shall be paid his compensation for services performed
prior to receipt of written notice from the Owner oi wch
suspension or abandonment, together with Reimbursable
Expenses then due and ail termination expenses as de-
fined in Paragraph 8.3 resultina from such suspension or
abandonment. If the Project is resumed after being sus-
pended for more than three months, the ArchitecYs
compensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement
shall bear interest at the legal rate commencing sixty
days after the date oi billing.
ARTtCLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertain-
ing to Additional Services on the Project and for sen�ices
performed on the basis of a Multiple of Direct Personnel
Expense shall be kept on a generally recognized account-
ing basis and shall be available to the Owner or his
authorized representative at mutually convenient times.
ARTICLE 8
TERA�iINATtON OF AGREEMENT
8.1 This Agreemenc may� be terminated by either party
upon seven days' �ti�ritten noiice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
8.2 In the event of termination due to the fault of par-
ties other than the Architect, the Architect shall be paid
his compensation for sen-ice� �erformed to termination
date, induding Reimbursahfe E�penses then due and all
termination expenses.
8.3 Termination Expenses ar� detined as Reimbur;able
Expenses direcNy attributable to termination, plus an
amount computed as a percen,4Qe ot the total compen-
sation eamed to the time of termination, as follows:
20 percent ii termination occ�rc during the Schematic
Design Phase; or
�0 percent if termination occurs during the Design De-
velopment Phase; or
5 percent if termination occurs during any subse-
quent phase.
ARTiCLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specitications as instruments of service are
and shall remain the property oi the Architect whether
the Project for which ihey are made is executed or not.
They are not to be used by the Owner on other projects
or extensions to this P;oject except by agreement in ��rit-
ing and �vith appropriate compensation to the Architect.
ARTICLE �0
SUCCESSORS AND ASSIGNS
The O�vner and the Architect each binds himself, his
partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners,
successors, assi�ns and legal representatives of such other
part�� with respect to all covenants of this Agreement.
heither the Oti�:ner nor the Arctiitect shall assign, sublet
or transfer his interest in this Agreement �vithout the
�� ritten consen; of the other.
AR7tCLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question
bet�veen the parties to this Agreement, arising out of, or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutually
agree otherwise. No arbitration, arising out of, or relating
to this Agreement, shall include, by consolidation, joinder
or in any other manner, any additional party not a party
to this Agreement except by written consent containing a
specific reference to this Agreement and signed by all the
parties hereto. Any consent to arbitration involving an
additional part�� or parties shall not constitute consent to
arbitration of any dispute not described therein or with
any party not named or described therein. This Agreement
to arbitrate and any agreement to arbitrate with an addi-
tional party or parties duly consented to by the parties
hereto shall be specifically enforceable under the pre-
vailing arbitration la�v.
11.2 Notice of the demand for arbitration shall be filed
in writing tivith the other party to this Agreement and
with the American Arbitration Association. The demand
shall be made ��•ithin 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
��•ould be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be fi-
nal, and judgment may be entered upon it in accordance
��ith applicable la��• in any couri having jurisdiction
thereof.
AR � ICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
agreement bet�•:een the Owner and the Architect and
supercedes all prior negotiations, representations or
agreements, either �vritten or ora1. This Agreement may
be amended only by �vritten instrument signed by both
O��ner and Architect.
ARTICLE 13
GOVERNING LAW
Unless othenvise specified, this Agreement shall be gov-
erned by the la��• oi the principal place of business of the
Architect.
AIA DOCUMENT B741 - O�V�ER-A�.CHITECT AGREE.�1EtiT • JA\UARY 19'-1 EDITION • AIA� • �1974
THE AMERICAN INST{7UTE OF ARCHITECTS, 1735 f�EW 1'ORK A�'E., N.«'., �VASHI\GTO\, D. C. 20006 7
v
ARTlCLE 14
OTHER CONDITIONS OR SERVICES
See Appendix "B" attached to this Contract for various Article
amendments.
This Agreement executed the day and year first written abo��e.
OWNER
CITY OF OSHKOSH, WiSCONSIN
City Manager
by
City Clerk
Approved as to Form
by
Date
i
f- �
��
ARCHITECT
YARBRO-KEr1PINGER, ARCHITECTS
�
f� . /
I
by � �,. � �
I hereby certify that the necessary
provisions have been made to pay the
liability which will accrue under
this Contract
,1978 by
City Comptroller
AIA DOCUMENT 6141 • OWNER-ARCHITECT AGKEEME�T • JANUARY 1974 ED1710N • AIAO • OO'1974
$ THE AMERICAN INSTITUTE OF ARCHITECTS, �735 NEVV YORK AVE., N.W., WASHINGTON, D. C. 20006
C R 974:
APPENDIX A
Contract for Architectural Services
between City of Osh�osh, Wisconsin
and Yarbro-Kempinger, Arch�tects
For Parking Lot Improvements
Contract Date: February 27, 1978
LOT LOCATIONS AND DEFINITIONS
LOT NO. 1 is located in the 400 Block bPtween Main and Jefferson
Streets. It is defined as a combination of the Wilson Store
Parking Lot, the �aG&R Furniture Store Parking Lot and the Elk's
Club Property. The City of Oshkosh is leasing the first two
defined lots and is purchasing the last defined property.
LOT NO. 2' is located on the east side of the 400 Block of Jefferson
Street, commonly called the "Sear's Lot".
LOT NO. 3 is located on the east side of the 300 Block of State
Street with entrances on both State Street and Waugoo Avenue,
commonly called the "State Street Lot".
SCOPE OF WORK
The Parking Utili�y Commission has been authorized to spend a
certain amount of money for the purchase of property, leasing of
property, reguired demolition of existing structures and improve-
ment of Lots No. l, 2 and 3.
It is recognized that funds are not sufficient to fully improve all
Lots. Following is a priority listing of work:
l. Develop �esign layouts for Lots No. 1, 2 and 3.
2. Prepare bidding and contract do�uments for Lot No. 1 for
full improvements based on developed design.
3. To the extent fur.ds will all��, prepare bidding and
contract documents as a part of Base Bid or an Alternate
Bids, for limited improvements on Lots 2 and 3, based on
agreed-upon portions of the developed design.
Bidding and contract documents for full improvement of Lot 1 and
limited improvement of Lots 2 and 3 shall be one (1) set of documents.
�
APPENDIX B
Contract for Architectural Services
Between City of Oshkosh, Wisconsin
and Yarbro-Kempinger, ARchitects
for Parking Lot Improvements
Contract Date: February 27, 1978
AMEND CONTRACT ARTICLES AS FOLLOWS:
l.l is amended to read as follows:
"BASIC SERVICES
The Architect's Basic Services consist of the Schematic
Design, Design Development, Construction Documents and
Bidding Phases. The Construction Phase - Administration
of the Construction Contracts is NOT a part of the
Architect's Basic Services except that the Owner may elect
to reinstate fully or in part that service at the time of
Construction, at a negotiated fee adjustment.
1.1.10 thru 1.1.21 are hereby deleted until such time as the Owner
may elect their reinstatement fully or in part."
Article 2
Add 2.10 as follows:
"2.10 The O�aner will be responsible for the underground
electrical service and work for area lighting and for
landscaping design and plant selection."
Article 5
5.1.1 is amended by adding the following:
"Travel bzt�veen the Architect's office and the project
sites or other locations within the City of Oshkosh will
not be reimbursed. No charges wi11. be made for telephone
calls."
5.1.2 is amended by adding the following:
"Reproduction of Drawings, if required beyond the stated
duplicate sets, wi11 be charged at $.10 per square foot.
Reproduction of Specifications will be charged at $.05 per
page copy. No charge will be made for postage and handling."
Article 6
6.1.2 is amended by changing the Pnases of Work and Percentages to
the following:
Schematic Design Phase lSo
Design Development Phase 35s
Construction Document Phase 950
Bidding Phase 1000
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