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Home My WebLink About28676 / 77-170 0 =e�ruary 17, 1977 #17 RESOLUTION °u?POSE: To undertake engineering and specifica.ta.ons ior Walkway West - CammercelMarket �treet Semi--P•1al]. ��.TIAT�D BY: Downtawn Ushkash Committe� �D�C)/Administration _.L�.;�J?�?�iE1vilAT1�N �F PLAI� GOMi�ISSIOP�: B� TT RESOLVFD by ihe Gamn?an Cauncil of the City o.� Osiakesh -��h�.t th�� City t�ariager is her�by author�zed and dix��c-Led to enter into th� attached contract with �arbro-hemping�r Architec��s tc �er�crm Ph�se II, engineering and specif�cations, for Wal}�:way �,•i�st - �om�erce/Market SeT:�i-Mall, and BE TT �'URTHER RESOLVED that the ccst for said contract: sha1� �.a� eg�cee��. $1►+,600 to be ap�ropriated from the PPOD r.LI��IJi .�icccuz-��t �� h� Ci �y Dowr��own Develo�,�:e�t r'�ccc�ur.t . .� f _ � 5:.�:�� T T"' C'� r=`�' __..R._ � ........ _. . � .. , . _ d.PP�OV�D\�-�\.�..�,.,�� ? \� � �` '--.�_� . . . , YARBRO - KEMPINGER ARCHITECTS 1018 WEST SOUTH PARK AVENUE BOX 2096 1/414/235-3310 OSHKOSH, WISCONSIN 54901 9 February 1977 Mr. William Frueh City Manager 215 Church Avenue Oshkosh, Wisconsin 54901 RE: Semi-Mall Soo Parking Lot Statue Plaza 200 Block, Commerce Street Oshkosh, Wisconsin Dear Mr. Frueh: We have reviewed the subject project relative i�o our providing architectural services and propose t.he fo_llowing for your con- sideration. We would ��rc�pare bi.dding and construction documents for the project based on design concepts by Stanley Consultants except as the designs may be rnodified duri_ng the working drawing pliase. We have met with Mr. Jack Schneider and Mr. David Wendtland, and have talked to Mr. Boyd Kraemer, and determined the following division of work between ourselves and the Departments of Public Works and Parks. _.. -� �� . �, Yarbro-Kempinger, Architects Responsibility - Obtaining field dimensions, elevations, grades, etc. - Over-all design and working drawings - Walk Paving Design and Construction Details - Paving Unit Design and Construction Details - Tree Grating Design and Construction Dei�ails - Street Furniture Design and Construction Details - Lighting Fixtures Design and Construction-Installation Details - Landscaping - Transfer of plant description, ete. from Parks Department input to Working Drawings - Speci�ication Preparation including the assembly of specifications prepar_ed by the Depaztment of Public Works and Parks Department for a complete specification package covering all work required i�o complete the project. Departmen_t of Public ta'orks ------_ _.___._-- - DemoJ_ition Work �or Streets and Walks - Drainage revisions and servi.ce changes - Street Paving Design and Construction Details -- Curb and Gutter Design and Construction Details - Design and specificatic�ns for wat�er supply system areas - Spec.ifi_cations for work under this headi_ng - Tlnderground electrical for street lighting to planti.ng �. YARBRO - KEMPINGER ARCHITECTS 1018 WEST SOUTH PARK AVENUE BOX 2096 11414/235-3310 OSHKOSH, WISCONSIN 54901 Sheet No. _____2 9 February 1977 Mr. William Frueh RE: Semi-Mall, Soo Parking Lot Oshkosh, Wisconsin Parks Depari:ment - Design layout, selection of plants and related specifications It is intended that the bidding procedure will provide cost infor- mation on the individual segments of the total project. This may be i'uri.her defined as design work p.rogresses. Yarbro-Kempinger will coordinate their work with the Department of Public Works and the Parks Department as well as with Wisconsin Public Service Corporation and Wisconsin Telephone Company. All phases of the work would be bid at the same time. It is understood that design and construction work will occur only on City property and on private property which the City has obl=.ained an easement for the purposes of this project. We will be willing to design work on private property at the rear of i�he Main Street 400 Block to assure continuity of the entire project design but such work would not be a part of bids received. Cost of reproduction of plans and specifications for bidding and construction purposes would be reimbursed to the Architect. The City may reproduce plans and specifications with their own facil- ities at their option. The service of the Architect would include: 1. Assist the Ci-�y in obtaining bids. 2. Assist the City in preparation of Construct�ion Contracts with successful bidders. 3. Review of shop drawings. 4. Selection of materials and color. On�-site observation of constructi_on is i1oi� inc_luded as a part of this pr_oposal. If such observation is desired by the City, the Architect would be compensated on an hourly basis at the rate of $28.00/hr. �YARBRO - KEMPINGER ARCHITECTS 1018 WEST SOUTH PARK AVENUE BOX 2096 1/414/235-3310 OSHKOSH, WISCONSIN 54901 Sheet No. _ 3 9 February 1977 Mr. William Frueh RE: Semi-Mall, Soo Parking Lot Oshkosh, Wisconsin W� propose to provide Ar_chitectural Services as described above for a lump sum of $14,600.00 (Fourteen Thousand Six Hundred Dollars and No/100ths) We wi.11 be p]_e��sc�d f=o act as yo��r Architect on �his project. Should our proposal as outlined above be acceptable, please advise us as such. 'rhe actual agreement between Architect and Owner would be AIA Form No, B141. Very tr_uly yours, YARI�RO--KI�MPINGER, ARCHITECTS by //�i2�� ,�e-L�� Robert L. Yarbro by �� _ _l�ti�%i/i.;".. �_ 1� • '.��l� �'. /�} J Richard J.� Kempinger RLY--RJK/1 z � rr�.■ � . . RESOLUTION 1-77 WHEREAS, the Design Subcommittee has met and reviewed the Walkway West - Commerce/Market Street 5emi-mall Design, and WHEREAS, the Subcommittee views the semi-mall concept as an optimum unified concept from Pearl Avenue to Church Avenue, NOW, THEREFORE, BE IT RESOLVED that the Design Subcommittee recommends that the Schematic Design for Walkway West - Commerce/Market Street be adopted, and BE IT FURTHFR RESOLVED that every effort be made to provide replacement parking rernoved with plan implementation, and BE IT FURTHER RESOLVED that the Design"Subcor:aittee recommends that the project proceed into final desiyn, engineering a�id sp�cifications. Effective Date: February 2, 197] Submi tted f3y: Neil Lorge, Chairman Desiyn Subcommittee Timothy Dempsey, Chairman Dennis Noone, Vice-Chairman Dormtown Oshkosh Committee Downtown Oshkosh Committee Duly and offici�.11y adopted by the Do�vntown Oshkosh Committee on 1977• n � �tS �, THE AMERICAN INSTITUTE OF ARCHITECTS ,�� 19�� 6-� � �_. v n�;��'—� � �, � , . ,;,�� . �;,�y�E � .� �� '��,�;,�� -�� AIA Document B?41 � - �. �, _�. ��. 9 �,�: _ L� � �� ! s�. ,�- ;1� t� �' �r ;a - >, 3 �` . =`° �, � �� ' TNIS DOCUMENT HAS IMPORTAn7 LEGAL CONSfQUE�ti'CES; CONSULTATION WITH A;�,' ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS CO�L1PtETlON OR MODIFICATION AGREEMENT made this Eighteenth (_18th) day of February in the y�arof Nineteen Hundredand seventy-seven BETWEE�1 the Owner and the Architect: The Ci.ty of Oshkosh, Wisconsin A Municipal Corporation Yarbro-Kempinger, Architects Oshkosh, Wisconsin For the following Project: (Inciude detailed description of Project location and scope) Site Modifications and Improvements Semi-Mall Soo Par?�ing Area, 400 Block Statue Plaza r 300 Block, Cc�mmerc�� £v 1`harket Str.eets �ommerce Str�et, 2C)0 Block Oshkosh, Wisconsin The O�vner and the Architect agree as set forti� below. :11A DOCUh1EtiT 61�1 • C�\ti',\ER-ARCHITECT AGRf.E�\1E\T • JA\UARY 19?-1 EDITIO� • AIAn • 01974 THE :�.�1.RlC�V INsTITUTE Of ARCHITECTS, 1735 tiEbb' YORK A�'E., \.\V., bVAiHI\GTO`, D.C. 2000G 1 �t = � FIXED FEE I. THE ARCHITECT shall provide professional se��ices for the Project in accordance with the Terms and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance �vith the Terms and Condiiions af this Agreement. A. fOR B,ASlC SERVJCES, as described in ParagrapF 1.1, Basic Compensation shall be computed on the basis of a FIXED FEE FOURTEEN THOUSAND SIX HUNDREli AND NO/100THS --------------------- dol(ars (514, 600. UO �- B. FOR ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as foElo�vs: 1. Principals' time at the fixed rate of Twenty—Eight dollars (52 8. 00 ) per hour. For the purpose of this Agreement, the Principals are: Robert L. Yarbro Richard J. Kempinger 2. Empl�yees' 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. Ser�-ices of professional consultants at a multiple of Qne pOirit zero tWO ( l. 02 ) times the amount billed to the Architect for such services. C. AN INITIAL PAYMENT of (NONE REQUIRED) dollars ($ ) shall be made upon the execution of this Agreement and credited to the Owner's account. D. FOR REIMBURSABLE EXPENSES, amounts expended as detined in Article 5. III. THE OVVhER ANf) ARCHITECT agree in accordance �vith the Terms and Conditions of this Agree- ment that: A. IF SCOP� of the Project is changed materially, compensation shali be the subject to renegotia- tion. �Cx�X3��'��t'x�i�. �,�?, � .hat� �� `k. ° � XX��5��" " �� ,�� x �� E:. Services covered by this agreement shall be.completed within Fifteen {15) weeks of the date hereof. Change pproved: ��2%GG�� ' �' J ��1� " c� ty �� Arch tec AIA DOCU.4IENT B141 • O�V,�ER-ARCHITECT AGR[E.�lEtiT • J:1\UARY 197�i ED17I0� • A�AR • C'�.1974 TH[ ��1EkIG1� i\STtTI,'TE OF 1RCHITECiS, 1735 NE�V YORi: AVE., \.t�'., 1,VASH1\GTO\, D. C. 20006 2 TER��1S AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE � ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and indude normal struc- tural, mechanical and e�ectricai engineering services and any other services included in Article 14 as Basic Sen�ices. SCHEh1ATiC DESIGN PHASE 1.1.� The Architect shall review the program furnished by the O�vner to ascertain the requirements of the Project and shall confirm such requirements to the Owner. 1.�.2 Based on the mutuaily 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 DEVELOPINENT PHASE 1.�.4 7he Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development t'�ocuments consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechani- cal and electrical systems, materials and such other essen- tials as may be appropriate. 1.1.5 The �rchitect shall submit to the Owner a further Statement of Probable Construction Cost. COUSTRUCTION DOCUMENTS PHASE �.1.6 The Architec.t shall prepare from the appro��ed Design Development Documents, for approval by the Owner, Drawings and Specifications setting forth in detail the reyuirements for the construction of the entire Project including the necessary bidding information, and shall assist in the preparation of bidding forms, the Con- ditions of the Contract, and the form of Agreement beriveen the Owner and the Contractor. �.�.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.i.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities ha��ing jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.�.9 The Architect, following the Owner's 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 in awarding and preparing construction cantracts. CONSTRUCTION PFiASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.�.�0 The Construction Phase will commence �vith the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall 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 authority as assigned thereunder shalf not be modified without his written consent. 7.�.T2 The Architect, as the representative of the Owner during the Construction Phase, shall ad��ise and consult �vith the O�vner and ail of the Owner's instructions to the Contractor shall be issued through the Architect. The krchitect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing. 1.�.13 The Architect shall at all times have access to the �ti'ork wherever it is in preparation or progress. 1.1.�4 The Architect shall make periodic visits to the site to familiarize himself �enerally with the progress and yuality of the Work and to determine in general if the �Nork is proceeding in accordance �vith the Contract Documents. On the basis of his on-site observations as an architect, he shall endeavor to guard Fhe Owner against defects and deficiencies in the Work of the Con- tractor. The Architect shall not be required to make exhaustive �r continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance �vith the Contract Documents. 1.1.15 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 shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as provideci in Subparagraph 1.1.14 and the data comprising the Appli- cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knoti�l- edge, information and belief, the quality of the Work is in accordance �vith the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Campletion, to the results o? any subsequent tests required by the Contract AIA DOCUh1ENT 6141 • OWNER-ARCHI7ECT AGREEMEtiT • JAtiUARY �974 EDITIO� � AIARO • 0�974 THE A�tERIC�ti INSTITUTE OF ARCHITECTS, 1735 N[W YORK AVE., ti.�ti'., \VASHI\GTON, D. C. 2000G 3 Doc�ments, to minor deviations from the Contract Docu- ments correctabie prior to completion, and to any specific quaiifications 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 �vhat purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.1.76 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 Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con- tractcr relatinj to the execution and progress of the Work and on all other matters or questions related tfiereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. �.1.17 The Architect shall have authority to reject Work �ti�hich does not confarm to the Contract Documents. �'l'hene�•er, in his reasonable opinion, he considers it nec- essary or advisable to insure the proper implementation or the intent of the Contract Documents, he �vill ha��e authoritv to require special inspection or testing of any bb'ork 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 dralving;, samples, and other submissions of the Contrac- tor on�y for conformance with the design concept of the Project and for compliance with the information given in thP Contract Documents. l.1.�9 The Architect shall prepare Change Orders. �.�.20 The Architect shall conduct inspections ro de- termine the Dates of Substantial Completion and final completion, shal( receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 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 persons performing any of the �b'ork. �,2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 7.2.1 It more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 inclusive is required, and if the O�vner and Architect agree, the Architect shall provide one or more Fu11-Time Project Representatives to assist the Architect. 7.2.2 Such full-Time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually a;reed bet�veen the O�vner and the Architect as set forth in an exhibit appended to this Agreement. 1.2.3 The duties, responsibilities and limitations of au- tnority or such Full-Time Project Representatives shall be ��t forth in an exhibit appended to this Agreement. � 7.2.4 Through the on-site observations by Full-Time Project Representatives of the Work in progress, the Ar- chitect shall endeavor to provide further protection for the Owner aglinst 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 Contr�cror's failure to perform the Work in accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES The folio`ving Services shall be pro��icfed when au- thorized in writing by the Owner, and they shall be paid for by the Owner as hereinbefore provided. 7.3.1 Providing analyses of the O�vner's needs, and pro- gramming the requirements of the Project_ 7.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys, site evafuations, envi- ronmental studies or comparative studies of prospective sites. 1.3.4 Providing design services relative tQ 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 O�vner. 1.3.6 Preparing documents for alternate hids or out-of- sequence ser��ices requested by the O�vner. 1.3J Providing Detailed Estimates of Construction Cost or detailed quantity sun�eys 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 �vhen such revisions are irrconsistent with written approva(s or instructions previously given and are due to causes beyond the controt of the Archi- tect 1.3.11 Preparino supporting data and other services in connection 4vith Change Orders if the ckTange in the 6asic �ompensation resu�ting from the adjusted Contract Sum is not commensurate with the ser��ices required of the Architeet. 1.3.12 Making im�estigations involvin� detai(ed apprais- als and valuations of existing facilities, and surveys or inventories reyuired in connection with construction performed by the O�vner. 1.3.13 Providing consultltion conceming replacement of any Work damaged by fire or other cauce during con- struction, and furnishing professional ser��ices of the type AIA DOCUh1ENT 6141 • 01VNER-ARCHfTEC T AGRFE�b1ENT • JANUAf:Y 1974 EDITIO,\ • A�A �• 00797-1 THE Atv1ERICAN INSiITUTE OF ARCHITECTS, 1735 �EW 1'ORK AVE., N.W., WASHLVGTQN, D. C. 20006 cet forth in Paragraph �.1 as may be required in connec- tion ��ith the replacement of such Work. �.3.1� Pro�iding professionai services made necessary by the derault of the Contractor or by major defects in the b1'ork of the Contractor in the performance of the Construction Contract. 1.3.15 Preparing a set of reproducible record prints of dra�cings sho�ving signiricant changes in the Work made during the construction process, base<� 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. 1.3.17 Providin' services after issuance to the Owner of the final Certificate for Payment. 1.3.18 Preparing to serve or sen�ing as an expert witness in connection with any public hearing, arbitration pro- ceedina or leaal proceeding. �.3.19 F'roviding se��ices of professional consultants for other t:`:an the normal structural, mechanical and electri- cal engineerin� ser�-ices for the Projec.t. 1.3.20 Providing any other services not other�vise in- cluded in this Agreement or not customarily furnished in accordance �ti•ith generally accepted architectural practice. ARTICLE 2 THE OWNER'S RESPONSIB1L171ES 2.1 The Owner shall provide full information, including a complete program, regarding his requirements for the Project. 2.2 The O�vner shall designate, when necessary, a rep- resentati��e autnorized to act in his behalf with respect to the Project. The Owner shall examine documents sub- mitted by the Architect and shall render decisions per- taiiiing thereto promptly, to avoid unreasonable delay in the progress of tne ArchitecYs services. 2.3 The O�<�ner shall furnish a certified land sur��ey of the site givin;, as applicable, grades and (ines of streets, alleys, pavements ar,d adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed re- strictions, boundaries and contours of the site; locations, dimensions and complete data pertainin� to existing buildings, other improvements and trees; and full infor- mation concerning available service and utility lines both public and private, above and be(ow grade, including inverts and depths. 2.4 The O��ner shall furnish the services of a soils engi- neer or other consultant when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values, percolation tests, air and �vater pollution tests, ground corrosion and resistivity tests and other necessary operations for determining sub- soil, air and ��ater conditions, with appropriate profes- sional recommendations. 2.5 The Owner shall fumish structuraf, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.6 The Owner shali furnish sucli legal, accounting, and insurance counseling sen�ices 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. 2J The services, information, surveys and reports re- quired by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.8 If the O�vner becomes a�vare of any fault or defect in the Project or non-conformance with the Contract Documents, he sha{I give prompt �vritten notice thereof to the Architect. 2.9 The Owrer shall furnish information required of him as expeditiously as necessary for the ord2rly progress of the �vork. ARTICLE 3 CONSTRUCTtON COST 3.� If the Construction Cost is to be used as the basis for determining the ArchitecYs Comnensation for 6asic Services, it shall be the total cost or estimated cost to the O�vner of all Work designed or specified by the Architect. The Construction Cost shall be determined as follows, �vith precedence in the order listed: 3.1.1 For completed c�nstruction, the cost of all such Work, induding costs of managing construction; 3.1.2 for Work not constructecl, (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.�.3 For �Nork for which no such bid or proposal is received, (1) ti�e latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Constructian Cost. 3.2 Construction Cost does not include the compensa- tion of the Architect and his consultants, the cost of the land, rights-of-�vay, 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 shall be included in the Construction Cost at current market rates including a reasonable allo��ance for overhead and profit. 3.4 Statements of Probahle Construction Cost and De- tailed Cost Estimates prepared k�y the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the O�vner has any control over the cost of labor, materials or equipment, over the con- tractors' methods ot determining bid prices, or over com- petitive bidding or market conditions. Accordingly, the AIA DOCU.�56tiT B1�1 • Otiti'�ER-Af:CHITECT AGREEfv1ENT • JANUARY 1974 EDITION • AIACJ • 0�474 TNE ;�titERIG�� I`STI7UTE OF ARCHITECTS, 1735 NE4V Y04K AVE., N.�V., 4VASHItiGTON, D. C. 20Q06 Architect cannot and does not guarantee that bids �vil( ees, or his professional consultants in the interest of the r,ot �•ary� from any Statement of Probable Construction Project for the expenses listed in the follo�ving Subpara- Cost or other cost estimate prepared by him. graphs: 3.5 �ti'hen a fixed limit of Construction Cost is estab- liched as a condition of this Agreement, it shall be in ��.riting 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 w�hat materials, equipment, component systems and types of construction are to be induded in the Contract Docu- ments, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The archi- tect may also include in the Contract Documents alter- nate bids to adjust the Construction Cost to the fixed limit. 3.5.� lf the Bidding or Negotiating Phase has not com- menced �vithin six months after the Architect submits ihe Construction Documents to the O�vner, any fixed limit or Construction Cost established as a condition of this Agreement shall be adjusted to reflect any change in the �eneral level of prices �vhich may have occurred in the construction industry for the area in which the Project is located. The adjustment sha�l reflect changes bet�veen the date of submission of the Construction Documents to the O�vner and the date on which proposals are sought. 3.5.2 \'Vhen a fixed limit of Construction Cost, including the Bidding contingency (adjusted as provided in Sub- paragraph 3.5.1, if applicable), is established as a condi- tion of this Agreement and is exceeded by the lowest bonz fide bid or negotiated proposal, the Detailed Esti- mate of Construction Cost or the Statement of Probable Construction cost, the Owner shall (1) give written ap- pro�al of an increase in such fixed limit, (2) authorize re- bidding the Project within a reasonable time, or f3) 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, without additional charge, shall modify the Dra�vings and Specifications as necessary. to brino the Construction Cost within the fixed limit. The pro��iding of such service shall be the limit of the Archi- tect's responsibility in this regard, and having done so, tne Architect shall be entitled to compensation in accord- <nce �ti�ith this Agreement. AR7ICLE 4 DIRECT PERSONNEL EXPENSE Direct Personne� Expense is defined as the salaries of p�otessonal, technical ar.d clerical employ�ees engaged on the Project by the Architect, and the cost of their mandatory and customary benefits such as statutory em- ployee benefits, insurance, sick leave, holidays, vacations, pen:ions and similar benefits. ART(CLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pen�ation for 6asic and Additional Services and include ac;ual expenditures made by the Architect, his employ- G 5.1.1 Expense of transportation and living when travel- ing in connection with the Project; �ong distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.�.2 Expense of reproductions, postage and fiandling of Dra�vings and Specifications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 5.1.3 If authorized in advance by the Owner, expense of overtime work 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 cortnec- tion �vith Additional Services. ARTICLE 6 PAYMENTS TO THE ARCHITECT 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 com�ensation is on the basis of a Mul- ti�le of Direct Personnel Expense, shall equal the follow- ir�g percentages of the total Basic Compensation: Schematic Design Phase ........ 15% Design Development 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 oays through no fault of ihe Architect, compensation for 6asic Services performed by Princi�als, employees and professional consultants required to complete the Ad- ministration of the Construction Contract beyond the thirtieth day shall be computed as set forth in Para- graph II for Additional Services. 6.2 Payments for Additional Services of the Architect as defined in Peragraph 1.3, and for Reimbursable Expenses as defined in Articte 5, shall be made monthly upon presentation ef the Architect's statement of services ren- dered. 6.3 ho deductions shall be made from the Architect's campensation on account of penalty, liquidated dam- ages, or other sums �vithheld 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 B741 • Ca\V\E(Z-AFCHITECT AGREE�IE\T • JAKUARY 1974 EDIiION • AIAO • C)1974 THE AI�tERICAN INSTI�PUTE OF ARCHITECTS, 1735 �E�V YOFK AVE., h.W., 4VASHI�G1'C�N, D. C. 20006 sf�ali be paid his compensation for services performed prior to receipt of �vritten notice from the O�vner of such suspension or abandonment, together with Reimbursable Expenses then due and aff termination expenses as de- fined in Paragraph i3.3 resulting from such suspension or abandonment. If the Project is resumed after being sus- pended for more than three months, the Architect's compensation shali be subject to renegotiation. 6.5 Pa}�ments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertain- ing to Additional Sen�ices on the Project and for services performed on the basis of a Multiple of Direct Personnel Expense shail be kept on a generally recognized account- ing basis and shall be availabie to the Owner or his authorized representative at m�rtually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon seven days' �ti•ritten notice should the other party fail substantially to perform in accordance with its terms through no fauft of the party initiating the termination. 8.2 In the e��ent of termination due to the fault of par- ties other than the Architect, the Architect shall be paid his compensation for services performed to termination date, inciuding Reimbursabie Expenses then due and all termination expenses. 8.3 Termination Expenses are defined as Reimbursable Expenses direct(y attributable to termination, plus an amount computed as a percentage of the total compen- sation earned to the time of termination, as foilows: 20 percent if termination occurs during the Schematic Design Phase; or l0 percent if termination occurs during the Design De- velopment Phase; or 5 percent if termination occurs during any subse- yuent t�hase. ARTICLE 9 OWNERSHIP OF DOCUMENTS Dra�vings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extension� to this Project except by agreement in writ- ing and «ith appropriate compensation to the Architect. AR7ICLE 10 SUCCESSORS AND ASSIGNS The O�� ner and the Architect each binds himselt, his partners, successors, assi�ns and legal representati��es to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party �vith respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11 ARBITRATION 11.1 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 thereo(, shall be decicled by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutually agree other�vise. 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 party 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 consentecl to by the parties hereto shall be specifically enforceable under the pre- vailing arbitration law. 11.2 Notice of the demand for arbitration shall be filed in writing with the other party io this Agreement and with the American Arbitration Association. The demand snail be made �vitnin 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 �vould be barred by the applicable statute of limitations. �1.3 The award rendered by the arbitrators shall be fi- nal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and inte�rated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 13 GOVERNING LAW Unless othenvise specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. AtA DOCUMENT 6141 • O��'tiER-ARCHITECT AGREES1EVT •)A1UARl' 197d EDIT�ON • AIAR` � 0197-3 THE A.'.tERICA\ INSTITUI'E OE ARCHITECTS, "173� \'E�b' YORIC ��VE., N.tV., \��ASHI\GTU,ti, D. C. 2000G _ . ' � M,` 0 ART(CLE 14 OTHER CONDiT10NS OR SERVICES See Appendix A attached to this Contract for various Article amendments. CERTIFICATION OF FINANCE OFFICER The necessary provisions have been made ta pay the liability which will accrue under this Contract. � � �, �'1 a�.�.,; City Comptroller This Agreement executed the day and year first �vritten above. O�VNER CITY OF OSHKOSH, WISCONSIN �., ` � �, . b -�� r-,-_ - �' �G�''-� City Manager ' , by _ :''Q � � � 1 Ci y erk � / Approved as to Form ARCHITECT YARBRO-KEMPINGER, ARCHITECTS b_y • � - ---- -- � ^. by . ; /,/� � . /� � � by"<� �� t"��1. . . Attorney for Own r — `6�� , 1977 D�te et� � CP.C.I j� c� ,,p�(�+��.��On04ti'tiER-,�RCHITECT AGKEE��tEUT • � �, JAIv�UARY �974 EDITIOh AIAR • 01974 8ii�VE b.C'il il"!�G`�e to p�y�t��.�b�yy��r�jr�a�T�rrT� oF .lRCNITECTS, 173s \Elti' YOf:K AVE., h.bY., ti�'AStfI�GTO\, D. C. 20006 accrue un�er i�i1S CGfli�a;,t. C R, 9?4 : -------� �� _ �- ��------ City Comptrolier APPENDIX A Contract for Architectural Services Between City of Osh�osh, Wisconsin and Yarbro-Kempinger, Architects For Semi-Mall, Contract Date: February I8, 1977 ARTICLE 1 l.l is amended to read as follows: "The Architect'� Basic Services consist of Design Development Phase and Construction Document Phase for work hereinafter defined as the Architect's Responsibility>'° 1.1A and 1.1B are added as follows: "1.1A The Owner will be responsible for and will provide llesign Development and Construction Document Services, defined as follows: - Demolition work for Streets and �aalks - Drainage revisions and service changes - Street paving design and construction details - Curb and Gutter design and construction details - Design and installation details for water supply system to planting areas - Underground electrical systems for area lighting - Landscaping design and plant selection - Related Specification Sections for the above work 1.1B The Architect will be responsible for and will provide Design Development and Construction Document Services defined as follows: - Obtaining field dimensions, elevations, grades, etc. - Overall design and working drawings - Coordination of al1 work with participating City of Oshkosh Departments and with affected public uti�ities companies - Walk paving design and construction details - Paving unit design and construction details - Tree grating design and construction details - Street furniture design and constr.uction details - Lighting fixtures design and construction-installation details - Landscaping - Transfer of plant description, etc. from Parks Department input to Working Drawings - Specification preparation including the assembly of specifications prepared by the Department of Pub�ic Works and Parks Departmeni for a complete specification package covering all work required to complete the project° 1.1.1, 1.1.2 and 1.1.3 are hereby deleted. 1.1,4 and 1.1.5 Amend by adding the following: "for services as defined in l.l above." 1.1.6, 1.1.7 and 1.1.8 Amend by ad�ing the following: "for services as defined in l.l above." Page 1 of 2 .z �x .�, t�,�. � : , � � APPENDIX A Contract for Architectural Services Between City of Oshkosh, Wisconsin and Yarbro-Kempinger, Architects For Semi-Mall, Contract Date: February 18, 1977 Article 1 (con't) 1.1.11 Amend by changing to read as follows: "The Owner will provide administration of Construction Contracts except as the Owner may authorize such services by the Architect as Additional Services (see Article 1.3� The extent of such services would be at the determination of the Owner." 1.1.12 thru 1.1.17 and 1.1.19 thru 1.1.21 Add the following: "This paragraph applies to the extent of authorizatior� determined by the Owner." 1.1.18 Amend by adding the following: "The Architect will assist the Owner in selection of materials and colors." ARTICLE 5 5.1.1 is amended as follows: "No travel reimbursement for travel between the Architect's office and the project site or other locations within the City of Oshkosh. No charges will be made for telephone calls." 5.1.2 is amended as follows: "No charges will be made for postage and handling. At the Owner's option, the O�,mer may reproduce plans and specifications with their own facilities and materials." ARTICLE 6 6.1.2 is amended by changing the Phases ai Work and Percentages to the following: Design Development Phase............ 350 Construction Docu�-nent Phase......... 950 Bidding Phase .......................1000 Page 2 of 2 i ti � � � � � � � U O �l � ;� � �� r�� iYJy � � �v � ��--1 � JT-1 TI � 6D O � � W � � 60 ri �'., � •ri � .Yi � � �,i `.�\ (�y -�-) � �'J � � a� . � -4� � � � � � � O •I'i H �' � � .. � � O �r-( � � � ti ti rn ri 7 N � r—i '�: � � � � cti r U � � �a rW� 'I"� !-`-1 � � ;M1 � ' .�'" d�,.' '=�� ± � '� � � � ,. °• ��t �; . , „„ ,�• �.� • , , .�, � d, � .. - ,� . ,, z : ,� � a ;;.4'�