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Home My WebLink AboutCAG1988-0036 - Original - Henry Klein Partnership, Architects - New Smith Street Library - 06/16/1988 T H E A M E R I C A N I N S T I T U T E 0 A R C H i T E C T S 41 AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Sixteenth day of June in the year of Nineteen Hundred and Eighty-eight BETWEEN the Owner: King County Library System City of Kent (,'ame and address) 300 8th Avenue North 220 4th Ave . South Seattle , WA 98109-5191 Kent , WA 98032 and the Architect: The Henry Klein Partnership, Architects (,Vame and address) 205 Matheson Building ?fount Vernon, WA 98273 For the following Project: (Include detailed description of Project, location, address and scope.) A New Library for the City of Kent at Smith Street between First and Second Avenues . The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953,1958, 1961, 1963, 1966, 1967,1970,1974, 1977,©1981 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. 4 DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION •AIA° • ©1987 E AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments*2 . 3 . 2 consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. 2 . 3 . 3 and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the 2.4.1 Based on the approved Design Development Docu-^2 .4. 1 orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for thents and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the Owner,the Architect shall prepare,for approval by the Owner, adjusted as the Project proceeds, and shall include allowances Construction Documents consisting of Drawings and Specifica- for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construe the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not,except for reasonable cause,be exceeded 2.4.2 The Architect shall assist the Owner in the preparation of*2 ,4, 2 by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract, and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES Gated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with*2 ,4,4 2.1 DEFINITION the Owner's responsibility for filing documents required for 2 •4. 5 the approval of governmental authorities having jurisdiction 2 .4. 6 %2 . 1 . 1 2.1.1 The Architect's Basic Services consist of those described over the Project. 2 . 1 . 2 in Paragraphs 2.2 through 2.6 and any other services identified 2 •4 I 2 . 1 . 3 in Article 12 as part of Basic Services,and include normal struc- 2.5 BIDDING OR NEGOTIATION PHASE 2 . 1 ,4 tural, mechanical and electrical engineering services. 1 2.5.1 The Architect, following the Owner's approval of the*2 . 5 . 1 ` 2 . 1 . 5 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate 2 . 5 . 2 2 . 1 , 6 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids 2 . 5 . 3 Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing 2 . 5 .4 arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE—ADMINISTRATION 2.2.2 The Architect shall provide a preliminary evaluation of OF THE CONSTRUCTION CONTRACT the Owner's program, schedule and construction budget i requirements, each in terms of the other, subject to the limita- 2.6.1 The Architect's responsibility to provide Basic Services% 2 . 6 . 1 tions set forth in Subparagraph 5.2.1. for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 1 2.2.3 The Architect shall review with the Owner alternative at the earlier of the issuance to the Owner of the final Certificate 1 approaches to design and construction of the Project. for Payment or 60 days after the date of Substantial Completion 1 %c2 , 2 ,4 2.2.4 Based on the mutually agreed-upon program, schedule of the Work, unless extended under the terms of Subparagraph 1 and construction budget requirements, the Architect shall 10.3.3. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con-%2 , 6 , 2 ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for %2 , 2 . 5 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless 2 . 2 . 6 estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted,modified or extended without written agreement of the Owner and Architect with consent of 2 . 3 . 1 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably 2.3.1.1 and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AJA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 2 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work, (2)reviewed construction means, meth- and consult with the Owner(1)during construction until final ods, techniques, sequences or procedures,(3)reviewed copies payment to the Contractor is due, and(2)as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Contractor's right to payment or(4)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authority to reject Work which ^"2,6.5.12.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the 2.6.5.2to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will be in accor- ments, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the Work. On cise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensive site representation may appropriate be agreed to as an Additional Service, as The Architect shall review and approve or take other described in Paragraph 3.2.) ppropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given *2 and shall not be responsible for construction means,methods, and the design concept expressed in the Contract Documents. techniques, sequences or procedures, or for safety precautions The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for struction of the Owner or of separate contractors,while allow- Construction. The Architect shall not be responsible for the ing sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in accor- permit adequate review. Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and com- have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized,the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect. Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the Architect. of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such 4c 2 . 6 . 9 2.6.9 Based on the Architects observations and evaluations of certification to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall ment will meet the performance criteria required by the Con- tract and certify the amounts due the Contractor. tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2.6.13 The Architect shall prepare Change Orders and Con- tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Subparagraphs 3.1 A and 3.3.3, for the Owner's approval and ment, that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that, to the best of the Architect's knowledge, information and may authorize minor changes in the Work not involving an belief, quality of the Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine*2 , 6 , 14 tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final 2.6.14. cific qualifications expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the 2.6.14.2 Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payment in the amount ccrti- clocumcnts required by the Contract Documents and assem fied. However, the issuance of a Certificate for Paymcnt shall bled by the Contractor,and shall issue a final Certificate for Pay- not he a representation that the Architect has(1)made exhaus- ment upon compliance with the requirements of the Contract tive or continuous on-site inspections to check the quality or Documents. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA° • ©198, 3 9141-1987 THE AMFRICAN INSTITUTE OF ARCHITECTS,1-35 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- cerning performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously to either, and shall not be liable for results of interpretations or given by the Owner, including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget; tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes,laws the Contract Documents. or regulations subsequent to the preparation of such documents; or 2.6.18 The Architect shall render written decisions within a reasonable time on all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- 2.6.19 The Architect's decisions on claims, disputes or other "2.6.2� ity, complexity, the Owner's schedule, or the method of bid- matters, including those in question between the Owner and ding or negotiating and contracting for construction,except for Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5.2.5.construction, vided in Subparagraph 2.6.17,shall be subject to arbitration as provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings, Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included 3.3.5 Providing consultation concerning replacement of Work in Basic Services unless so identified in Article 12,and they shall be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- be of such services required in connection with the replacement addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services 3.3.7 Providing services in evaluating an extensive number of described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in Baiting that all or part of such Contingent Addi- with the Work. tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding,negotia- described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construe- provide one or more Project Representatives to assist in carry- tion DOCU111entS Phase. ing out Such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of' AIA Document 13352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or com- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA' • 'c,1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1715 NEW YORK AVENUE,N.W.,WASHINGTON,D.C-20006 B141-1987 4 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish evi- and equipment. dence that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site. The Owner.stner.n manager or separate consultants retained by the surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions,Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimen- material, equipment and labor. sions and necessary data pertaining to existing buildings,other 3.4.12 Providing analyses of owning and operating costs. improvements and trees; and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited to test borings, test ment, or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- . 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other than archi- counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering por- Project, including auditing services the Owner may require to tions of the Project provided as a part of Basic Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services,information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule, constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION•AIA° • ©1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Construction Cost shall be the total cost or esti- 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, *5.2.5 mated cost to the Owner of all elements of the Project designed the Architect, without additional charge,shall modify the Con- or specified by the Architect. tract Documents as necessary to comply with the fixed limit,if established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- ^6.1 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifications and ther the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining bid prices,or over competitive bidding,market tect's Drawings, Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation,to the Architect. *5.2.2 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official '^6.2 as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection 6.3 establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- 6.4 been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment,com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit.Fixed limits,if any,shall be increased in the amount of an 7.1 Claims, disputes or other matters in question between the increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree- Contract for Construction. ment or breach thereof shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the other party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the tion Association.A demand for arbitration shall be made within Owner and the date on which proposals are sought. ' a reasonable time after the claim, dispute or other matter in C*5.2.4 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.In no event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in Such fixed question would be barred by the applicable statutes of limitations. limit; 7.3 No arbitration arising out of or relating to this Agreement j .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200(X6 B141-1987 6 p ................................. except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner,Architect, and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute .3 Five percent of the total compensation for Basic and consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person occurs during any subsequent phase. or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to ARTICLE 9 this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be 9.1 final,and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov applicable law in any court having jurisdiction thereof. erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as *9.2 ARTICLE 8 those in AIA Document A201, General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement ^"8.1 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall com- fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Com- Agreement through no fault of the party initiating the termination. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. When the 9.4 Project is resumed, the Architect's compensation shall be equi- other The Owner and Architect waive all rights against each 9.�F o tably adjusted to provide for expenses incurred in the interrup- ether and against the contractors, consultants, agents and tion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such k8.3 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement. The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers frorn their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, *8.4 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination. sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor ;8.5 8.5 if the Owner fails to make payment when due the Archi Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the other. days'written notice to the Owner,suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- by the Architect within seven days of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice. In the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrac- 8.6 in the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then clue and all Termination Expenses as defined in Paragraph H., 9.8 l-mess otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery, presence, handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination. Termination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polychlorinated biphenyl (PCB)or other toxic substances. Basic Services and Additional Services earned to the time of ter- mination, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the .1 'Twenty percent of the total compensation for Basic exterior and interior, among the Architect's promotional and and Additional Services earned to date if termination professional materials. The Architect's materials shall not occurs before or during,the predesign,site analysis,or include the Owncr's confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA° • ©1987 7 B141-1987 THE AMERIC.AN INSTITUTE OF ARCHITECTS., 1'-15 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in Paragraph 11.1 is the *10.3.1 motional materials for the Project. minimum payment under this Agreement. ^"9.10 9.14 10.3.2 Subsequent payments for Basic Services shall be made *10.3.2 9.11 9.15 monthly and, where applicable, shall be in proportion to ser- 9.13 9.16 ARTICLE 10 vices performed within each phase of service, on the basis set 9.13.1 9.16.1 forth in Subparagraph 11.2.2. 9.13.2 9.16.2 PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in *10.3.3 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 1 1.3.2. the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed,compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent services are per- and benefits. formed on those portions, in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2,based on(1)the lowest bona fide bid or negotiated proposal, or(2)if no such bid or proposal is ;;10.2.1 10.2.1 Reimbursable Expenses are in addition to compensa received, the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such por- incurred by the Architect and Architect's employees and con- tions of the Project. sultants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Pavments on account of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for secur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates. sums,withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normallv carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per Architect's consultants, taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall he avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. *10.2.2 ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of Zero dollars Dollars($ - 0 - ) shall be made upon execution of this Agreement and credited to the Owners account at final payment. 11.2 BASIC COMPENSATION ;':11.2.1 11.2.1 FOR BASIC SERVICES, as described in Article 2, and am other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated.sums, multiples or per entakes, and i,lei li1,i phases to 11'1wI)p(irlicuI,ir niea...as of compoisation apply, iJ necessary.) Fee for Basic Services is eight point six three five percent (8.635%) of Construction Cost estimated to be $1,870,000. Included in Basic Fee thirty (30) meetings with KCLS, Kent Library Board and the Public. AIA DOCUMENT B141 • OWNER-ARCHITEC"I AGREEMENT• FOURTEENTH EDITION•AIA° • (0198' THE AMERICAN INSTI'I'I iTE OF ARCHITECTS, 1735 NFW YORK AVENUE,N.W.,WASHINGTON,D.C.20000 B141-1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: F i f teen percent(15%) Design Development Phase: Twenty percent(2 0%) Construction Documents Phase: Forty percent(40%) Bidding or Negotiation Phase: Five percent( 5%) Construction Phase: Twenty percent(20%) Total Basic Compensation: one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES *11.3.1 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2, compensation shall be com- puted as follows: One weekly meeting at the job site with Contractor ' s and Owner' s representatives is included in Basic Services . The fee for additional project representation is 2 . 6 x actual personnel expense . *11.3.2 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation,as described in Paragraph 3.2,and(2)services included in Article 12 as part of Additional Services,but excluding ser- vices of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific.services to which particular methods of compensation apply, if necessary.) Additional Architectural Services are computed as follows : Principals : $60.00 / per hour Henry Klein David Hall Lowell larsen Personnel : 2 . 6 x Actual Personnel Expenses *11.3.3 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and one tenth ( 1.1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, :f required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of one and one tenth ( 1.1 )times the expenses incurred by the Architect,the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS *11.5.1 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twentytwo ( 22 )months of the date hereof,through no fault of the Architect,extension of the Architect's servics beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. *I 1 . 5 . 211.5.2 Payments are due and payable thirty ( 3 Q ) days from the date of the Architect's invoice. Amounts unpaid Sixty ( 60 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Legal Limit set by Washington State (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and otber regulations at the Owner's and Arcbi- tect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. specific legal advice sbould be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • ©1987 9 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (insert descriptions of other services,identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) Amendments to Articles 2 through 12 12 . 1 12. 1 . 2 12 . 1 . 3 12 . 1 .4 12 . 1 . 5 12 .2 This Agreement entered into as of the day and year first written above. OWNER (Signature) Herb Mutschler, Director_ (printed name and title) King County Library System OWN ARCHITTECT (Signature) (Signwture) Daniel P. Kelleher, Mayor HenryKlein (printed na and title) (Printed name and title) City of Kent The Henr,T Kl ei ti P Sri nPr�hi r,, Arm ; tects AIA DOCUMENT 6141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• • 01967 8141-1W7 10 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON.D.C.20006 AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 1 of 18 pages The following are Amendments to Articles 2 through 12 . ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES ARTICLE 2 . 1. 1 The basic services to be provided by the Architect, with the exception of additional services as specified in this Agreement, consist of all architectural design, civil, structural, mechanical, and electrical engineering required to complete the Project. The term of the contract , unless terminated by the Owner or the Architect according to Article 8 of this Agreement, will commence when the Architect begins work on the project and terminate when the contract is accepted as 100 percent complete by the Owner and final payment is made to the Contractor. ARTICLE 2 . 1. 2 It is the responsibility of the Architect to make certain that all drawings, specifications and other documents are in accord with laws, statutes, building codes and regulations applicable to the Project and in effect on the date of issuance of the building permit. Changes in design caused by changes in code after completion of the Construction Documents Phase will be compensated according to Article 3 , Additional Services. ARTICLE 2 . 1. 3 The Architect shall provide the Owner in a timely manner specific minutes of all design, construction and inspection meetings as a record for all involved as to the progress of the design / construction of the Project. ARTICLE 2 . 1. 4 The Architect shall have the responsibility to see that all appropriate approvals are obtained from federal, state and local governments. The Architect shall prepare and submit documents for all such approvals, including appropriate plans, charts, drawings and renderings for City Council, KCLS District Board or public presentations in any of the phases as requested by the Owner. ARTICLE 2 . 1.5 The Architect shall require in the specifications for construction that the Contractor(s) collect all general, electrical and mechanical warranty materials, specification sheets, appropriate schematics and operating manuals or written instructions on all equipment installed in the building; in addition, the Architect shall provide and collect pertinent general maintenance and upkeep AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 2 of 18 pages information for the building and fixtures including specifications of exterior and interior paint finishes and varnishes, light bulbs, door hardware and plumbing fixtures. This material is to be organized, indexed in a binder and presented by the Architect to the Owner with written verification that it is complete. ARTICLE 2 . 1. 6 The Architect shall maintain all records required to be maintained by him under this Agreement, including copies of Applications for Payment submitted by the Contractor(s) , Change Orders and such records of accounts between the Owner and the general contractor on the Project, records of Architect's direct personnel expenses for additional services performed under this Agreement, and records of the Architect's reimbursable expenses in accordance with generally accepted accounting practices and available for inspection by the Owner or his authorized representative at all reasonable times. ARTICLE 2.2 SCHEMATIC DESIGN PHASE ARTICLE 2 .2 .4 The Architect shall prepare schematic design documents based on a Program furnished by the Owner leading to a recommended and approved solution. The schematic design documents shall include studies of the site plan including roughed in landscaping, floor plans including roughed in layout of shelving and furniture, elevations, sections, and outlined specifications sufficient to indicate site conditions, plan arrangements and the general scope and character of the Project. These documents shall also include descriptions of the proposed mechanical, electrical and structural systems. Drawings shall include details for future additions as specified in the building program. ARTICLE 2 .2 .5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost as projected at time of bid, consistent with the Maximum Allowable Construction Cost (MACC) as specified in this Agreement. The preliminary estimate is to be provided from an independent Quantity and Cost Survey Consultant selected by the Architect and approved by the Owner. ARTICLE 2 . 2 . 6 The Architect shall secure the Owner's written approval of the Schematic Design Phase before proceeding with the Design Development Phase. AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 3 of 18 pages ARTICLE 2.3 DESIGN DEVELOPMENT PHASE ARTICLE 2 . 3 . 1 The Architect shall prepare, based upon the approved schematic design documents, design development documents consisting of plans, elevations and other preliminary drawings and outline specifications, required to establish and illustrate the size and character of the entire Project. Drawings shall include general layout of shelving and furniture, as well as design of landscaping. Drawings shall include the general provisions for future additions as specified in the building program. The design development documents shall contain a description of the kinds of materials, type of structure, mechanical and electrical systems, and such work as may be required including a description of equipment items that will be furnished under the construction contracts. ARTICLE 2 . 3 . 1. 1 The final design development drawings shall be prepared in a form and style suitable for presentation and reproduction. ARTICLE 2 .3 .2 The Architect shall submit to the Owner a revised budget of Construction Cost as projected at time of bid, consistent with the MACC as specified in this Agreement. The revised cost estimate is to be provided from an independent Quantity and Cost Survey Consultant selected by the Architect and approved by the Owner. If the cost estimate agreed to by both the Owner and the Architect varies from the MACC as specified in this Agreement, the plans shall be revised accordingly, as directed by the Owner. ARTICLE 2 . 3 . 3 The Architect shall secure the Owner's written approval of the Design Development Phase before proceeding with the Construction Documents phase. ARTICLE 2.4 CONSTRUCTION DOCUMENTS PHASE ARTICLE 2 .4 . 1 The Architect shall prepare, based upon the approved design development documents, working drawings, specifications and other contract documents setting forth in detail the scope of the Project. The Architect shall include such additive and / or deductive alternates in the Construction Documents as directed by the Owner. Such documents shall describe all materials, workmanship, finishes, methods of construction, equipment and the AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 4 of 18 pages conditions affecting the work as required for securing complete and proper guidance for all divisions of the construction work. ARTICLE 2 .4. 2 The Architect shall complete all work and services required for preparation of construction documents and submit to the Owner for approval the General Conditions, Addendum to General Conditions, and Instructions to Bidders, to be made a part of the specifications. The Owner will establish with the Architect procedures to be followed for review and processing of selected shop drawings, catalog submissions, project reports, test reports, maintenance manuals and other necessary documentation, as well as requests for changes and applications for extensions of time for construction. If requested by the Owner, the Architect shall prepare the working drawings and documents in a form for securing separate bids on major divisions of the construction work. In the event of such request or agreement, the Architect will be reimbursed for such services as in accordance with Article 3 , Additional Services. ARTICLE 2 .4. 3 The Architect shall submit to the Owner a final revised budget of Construction Cost as projected at time of bid, consistent with the MACC as specified in this Agreement and adjusted in the design development phase. The revised cost estimate is to be provided from an independent Quantity and Cost Survey Consultant selected by the Architect and approved by the Owner and shall include an itemization of alternate bids proposed and the estimated cost to be added to or deducted therefrom. If the cost estimate varies from the MACC as specified in this Agreement, the plans shall be revised accordingly, as directed by the Owner. ARTICLE 2 . 4 .4 The Architect shall have the responsibility to see that all appropriate approvals are obtained from federal, state and local governments. The Architect shall: prepare and submit documents and appropriate plans and charts for all such approvals, including application for building permit, applications for site approval required by city or county; prepare in consultation with the Owner environmental documents necessary for a determination of the appropriateness of a declaration of nonsignificance (including county or city approvals thereof) ; and identify and assist the Owner in contracting for such chemical, mechanical or other tests necessary for site approval. Basic services shall not include environmental documents made necessary following a determination that a DNS is not AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 5 of 18 pages appropriate. The Owner shall pay the fees for application for building permit, the fees to any other agency for environmental matters and the fees for special testing as may be required to complete the Project. ARTICLE 2 .4.5 The Architect shall submit four (4) sets of prints of the completed working drawings, specifications, and copies of the structural, mechanical and electrical calculations for review and approval of the Owner. Check and approval of the drawings, specifications and calculations and other construction documents by the Owner shall not relieve the designing Architect of any responsibility for their completeness and accuracy. If more than four sets are requested by the Owner, the Architect shall be reimbursed for printing and duplication costs based on actual invoiced costs. Payment requests must be supported by copies of paid invoices. ARTICLE 2 .4.6 The Architect shall secure the Owner's written approval of the construction documents phase before proceeding with the Bidding Phase. After approval of the Construction Documents Phase, the Architect shall provide the Owner with four (4) copies of bidding drawings and specifications for the Owner's use unless drawings and specifications provided in 2 .4 . 5 are unchanged. If more than four (4) sets are requested by the Owner, the Architect shall be reimbursed for printing and duplication costs based on actual invoiced costs. Payment requests must be supported by copies of paid invoices. ARTICLE 2 .4 .7 Should errors, omissions or conflicts within the drawings, specifications or other contract documents prepared by the Architect be discovered, the Architect will prepare such amendments or supplementary documents, confer with the Owner and process required Addenda to the contract documents and specifications during the Biding or Negotiation Phase, process such Change Orders as required during the Construction Phase, and provide consultation as may be required, for which the Architect shall make no additional charges to the Owner. ARTICLE 2.5 BIDDING OR NEGOTIATION PHASE ARTICLE 2 . 5. 1 The Architect shall issue a specified number of bid documents to bidders as approved by the Owner, maintain an accurate plan holders list, keep the Owner informed as to the number and names of plan holders, prepare AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 6 of 18 pages and issue addenda, attend the bid opening and generally assist the Owner in obtaining satisfactory bids. The Architect shall be reimbursed for printing and duplication costs based on actual invoiced costs. Payment requests must be supported by copies of paid invoices. ARTICLE 2 . 5.2 The Owner may schedule and conduct prebid conferences with prospective bidders. The Architect shall be represented in these conferences by knowledgeable staff and consultants who have participated in the design of the Project to explain and clarify bidding documents and Addenda. ARTICLE 2 .5.3 Upon being notified of the Owner' s intent to award construction contracts, the Architect shall participate with the Owner in evaluation of the bids. ARTICLE 2 . 5.4 The Architect shall secure the Owner' s written approval before proceeding with the Construction Phase. ARTICLE 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT ARTICLE 2 . 6. 1 The Construction Phase will commence with the award of the Construction Contract and will terminate when the Final Certificate for Payment has been approved by the Owner. ARTICLE 2 . 6.2 The Architect shall provide Administration of the Owner's specified Contract for Construction, and the extent of his duties and responsibilities and the limitations of his authority as assigned hereunder shall not be modified without his written consent. ARTICLE 2 . 6. 5. 1 The Architect shall conduct weekly site meetings with the Contractor and Owner at times to be established when construction begins. The Architect and his consultants shall make such periodic visits to the Project site as may be necessary in addition to the weekly meetings should extraordinary problems arise during the course of the construction phase of the Project, provided that the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality and quantity of the work. AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 7 of 18 pages ARTICLE 2 . 6. 5.2 The Architect shall render timely written field reports to the Owner in a format approved by the Owner relating to the periodic visits and observations of the Project and provide specific minutes of all construction and inspection meetings as a record for all involved as to the progress of the construction phase. ARTICLE 2 . 6. 9 The Architect will receive and evaluate the Contractor' s applications for payment. Based upon observations at the site, consultation with the Owner and data available to the Architect or supplied by the Contractor, the Architect shall, after negotiating with the Contractor and Owner any appropriate revisions, sign a Certificate of Payment and transmit same to the Owner. ARTICLE 2 . 6. 14 The Architect shall prepare and submit to the Contractor and Owner one inspection list (punchlist) prior to substantial completion and one punchlist, if requested by Owner, prior to final completion. The Architect and Owner will together review the Contractor's performance of work items on the punchlists. ARTICLE 2 . 6. 14 . 1 The Owner and Architect shall conduct observations to determine the dates of substantial completion and final completion and shall jointly issue a Final Certificate of Payment. ARTICLE 2 . 6. 14.2 The Architect shall provide the Owner with all warrantee and maintenance information as stated in ARTICLE 2 . 1.4 . ARTICLE 2. 6.20 Upon request during the guarantee period of the construction contract(s) , the Architect shall be the Owner' s representative in securing correction of defects that become apparent and shall make an inspection and provide a written report of the Project sufficiently prior to the expiration of the guarantee period to allow for timely corrections. ARTICLE 5 CONSTRUCTION COST ARTICLE 5.1 For purposes of this Agreement the Construction Cost will be referred to as The Maximum Allowable Construction Cost (MACC) and defined as the total sum available to the Architect for construction purposes not including State of Washington sales tax, professional fees, AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 8 of 18 pages Owner's project contingency funds, or other charges incidental to the Project. ARTICLE 5. 2. 2 A preliminary MACC of $1, 870, 000 has been established for this Project. It is understood that the Architect does not guarantee his estimates of the construction costs. The Architect shall notify the Owner in writing at any time he or she believes the project costs will vary from the MACC. If it appears they will exceed the MACC, the Architect's written explanation shall include a detailed explanation and, if requested by Owner, shall contain suggestions for bringing the project costs within the MACC. The Owner will cooperate fully with the Architect in reducing the cost to bring the Project within the MACC. ARTICLE 5. 2 . 4 In the event that the lowest bona fide bid received exceeds the MACC, the Architect agrees, at no additional expense to the Owner, to revise the drawings if so requested by the Owner in order to bring the construction cost within the MACC. The Owner in this event agrees to cooperate with the Architect and permit reasonable and necessary reduction in the scope of the Project. In the event the Architect is unable to bring the Project within the MACC, this agreement is subject to termination in accordance with Article 8 . ARTICLE 5.2 . 5. This section is deleted and amended as stated in Article 5. 2 .4 . ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS ARTICLE 6. 1 All designs, drawings, specifications, technical data, and other instruments produced by the Architect in the performance of this Agreement shall be the sole property of the Owner, except as stated in ARTICLE 6. 2, and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Architect agrees that the Owner shall have access at all reasonable time to inspect and make copies of all notes, designs, drawings, specifications, and other technical data pertaining to the work to be performed under this Agreement. ARTICLE 6.2 The Architect shall be permitted to retain copies, including reproducible copies of drawings and specifications. The drawings and specifications shall not AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 9 of 18 pages be used by the Architect on other projects or by others except by agreement in writing and with appropriate compensation to the Owner. It is understood that the Architect may reuse design detail from this project for other Owners and such use shall not infringe on the rights of the Owner, herein, nor give rise to any claim against Architect by Owner, but duplication of substantial portions of the Project or its design by the Architect is prohibited. ARTICLE 6.3 Should the Owner ever desire to erect all or part of another project which would be essentially identical to the project, the Architect agrees: (a) The Owner may reuse for the project the designs and documents prepared by the Architect under this Agreement. (b) If requested by Owner and agreed to by Architect, the Architect shall prepare such modifications of the designs and documents prepared by him under this Agreement as may be dictated by the topography, utility services, existing construction, and other conditions pertaining to such other project. (c) The Architect will be paid for such modifications according to the compensation for additional services in ARTICLE 11. 3 .2 or as otherwise negotiated. (d) The Owner agrees hereby to indemnify, defend and hold the Architect harmless against all claims, demands and liability resulting from the reuse by Owner of drawings and specifications, and the Owner will not use the Architect's name or indicate or imply that the Architect has designed subsequent construction drawings and specifications reused by the Owner when the Architect has not actually modified or directed the reuse of completed project drawings, specifications, estimates, or other instruments. ARTICLE 6.4 The Architect shall retain all the original documents and furnish the Owner Sepia or Mylar copies suitable for reproduction and As Built Drawings. Should As Built drawings require changes in drafting beyond industry standards, the Architect shall be reimbursed according to Article 11, Additional Services. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT ARTICLE 8. 1 These Amendments to Article 8 replace articles 8 . 1 through 8.7 in the AIA Document B141 Standard Form of Agreement Between Owner and Architect, 1987 Edition. AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 10 of 18 pages ARTICLE 8 .2 The Owner reserves the right, on the giving by him of written notice to the Architect, to terminate this Agreement or to suspend and abandon the project and all work connected with the project. ARTICLE 8. 3 This Agreement may be terminated by either party upon fifteen (15) days' written notice if either party fails to perform. ARTICLE 8.4 On the termination of this Agreement, the suspension or abandonment of the project by the Owner, the Owner shall pay the Architect as full payment for all services performed and all expenses incurred by the Architect to the time he receives such notice. ARTICLE 8.5 On termination of this Agreement and payment of the sums specified herein, the Owner shall be entitled, should he later determine to complete the project or a substantially similar project, to use any completed drawings, specifications, estimates, or other completed instruments prepared pursuant to this Agreement by the Architect without the payment of additional compensation to the Architect provided that the Owner will not indicate or imply the Architect's name as designer in subsequent construction drawings and specifications reused by the Owner when the Architect has not modified or directed the reuse of completed project drawings, specifications, estimates, or other instruments. ARTICLE 9 MISCELLANEOUS PROVISIONS ARTICLE 9. 1 Jurisdiction for any dispute arising under this contract shall be in King County, Washington. ARTICLE 9. 2 Reference to AIA Document A201 is amended to refer to the approved Contract for Construction referenced in ARTICLE 2 . 6.2 . ARTICLE 9.4 Reference to AIA Document A201 is amended to refer to the approved Contract for Construction referenced in ARTICLE 2 . 6. 2 . AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 11 of 18 pages ARTICLE 9. 10 In the event of a dispute arising under this contract, the prevailing party shall be entitled to reasonable costs and attorney's fees. ARTICLE 9. 11 The Architect declares and represents that he or she has in force on this project professional liability or equivalent insurance covering malpractice, errors and omissions, with policy limits of at least $500, 000 per occurrence and that he or she will, at no cost to the Owner, maintain in force said policy or an equivalent policy of at least $500, 000 coverage during the period of performance of this contract and for twelve months thereafter. A certificate of insurance shall be provided to the Owner within twenty days of the signing of this Agreement. Said certificate shall provide that Owner will be notified in the event of non-renewal, cancellation or material change in insurance coverage, at least thirty (30) days prior to such non-renewal, cancellation or material change. Such notice shall be sent to Daniel L. Walters, Deputy Librarian for Facilities Development, King County Library System, 300 Eighth Ave. N, Seattle, WA 98109. Non-renewal, cancellation or material change in insurance coverage shall be considered a breach of this architectural contract. ARTICLE 9. 12 Nothing contained herein shall be construed as a waiver or release of any claims or actions at law or in equity which the Owner may have against the Architect during the period in which actions are permitted to be brought under the State of Washington statutes relating to the limitation of time for commencing action. ARTICLE 9 . 13 Until such time as the Architect's obligations under this Agreement have been discharged or terminated, the Architect shall take out, carry and maintain at least the following coverage and limits of insurance which shall be maintained with insurers and under forms or policies satisfactory to the Owner. Certificates of insurance shall be provided to the Owner on request. ARTICLE 9. 13 . 1 Worker's Compensation and Employer's Liability: (a) State Workmen's Compensation - coverage as required by law. (b) Employer's liability - limits of at least $100, 000 per occurrence. ARTICLE 9. 13 .2 Comprehensive Bodily Injury Liability and Property Damage Liability Insurance, including coverage for automobiles owned or hired by the Architect with limits as follows: (a) Bodily Injury: $300, 000 per person; $500, 000 per occurrence. (b) Property Damage: 50, 000 each AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 12 of 18 pages occurrence (subject to a maximum deductible of $5, 000 for each occurrence) ; (c) Auto Bodily Injury: $1, 000, 000 each person, $50, 000 property damage for autos owned by the Architect in the State of Washington; (d) Auto Bodily Injury: $1, 000, 000 each person, $50, 000 property damage for autos hired by the Architect in the State of Washington. ARTICLE 9. 14 The Owner, its officers, employees or its duly authorized agents shall not be held accountable in any manner for any loss or damage that may happen to the work or any part thereof for breaches of the standard of care expected from the Architect, his agents or employees, to any person or persons or damages to property resulting from the Architect's operations. The Architect shall be responsible for any such breaches of such standard of care expected from the Architect, his agents or employees, and shall indemnify and hold harmless the Owner, its employees, or its duly authorized agent from any and all damages suffered and from any and all liability, claims or damages to property, or injuries or damages received or sustained by any person or persons, by or on account of any negligent action of omission of the Architect, or by failure to pay any taxes or to satisfy other liabilities for which the Architect is responsible. The Architect shall be further liable for all costs of defense, including attorney's fees arising out of claims or other actions which may be brought against the Owner or each of its officers, employees or duly authorized agents, by reason of any of the above. ARTICLE 9 . 15 The Owner shall hold the Architect, its agents or employees harmless for any liability arising out of the sole negligence of the Owner or its officers, employees, or its duly authorized agents, including all costs of defense and attorney's fees incurred by Architect arising out of claims which result from the sole negligence of the Owner or its officers, or employees. ARTICLE 9. 16 Except to the extent permitted by a bona fide occupational qualification, the Architect agrees as follows: (a) The Architect, his consultants and subconsultants shall not discriminate against any employee or application for employment because of race, creed, color, national origin, marital status, sex, age, or the presence of any sensory, mental, or physical handicap. The Architect, his consultants and subconsultants shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, or marital status, or the presence of any sensory, mental or physical handicap. AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 13 of 18 pages Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. (b) The Architect, his consultants and subconsultants shall, in all solicitation for employment or job orders for employees placed with any employment agency, union, or other firm or agency, state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, national origin, sex, age, marital status, or the presence of any sensory, mental or physical handicap. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. (c) The Architect, his consultants and subconsultants shall include the provisions of the foregoing paragraphs (a) and (b) in every sub-agreement or purchase order for the goods or services which are the subject matter of this Agreement. ARTICLE 9. 16. 1 The Architect, his consultants and subconsultants shall provide all information and reports required by the regulations or directives issued pursuant thereof and shall permit access to its books, records, accounts, other sources of information pertinent to ascertain compliance with such regulations and directives. Where any information required of the Architect in the4 exclusive possession of another who fails or refuses to furnish this information th Architect shall so certify to the Owner and shall set forth what efforts are made to obtain the information. ARTICLE 9. 16.2 In the event of noncompliance by the Architect with any of the nondiscrimination provisions of this Agreement, the Owner will have the right, as its option, to cancel the Agreement in whole or in part and to impose such contract sanctions as it may determine to be appropriate including but not limited to withholding of payments to the Architect under the contact until the Architect complies, and / or the cancellation or termination in whole or in part. ARTICLE 10.2 REIMBURSABLE EXPENSES ARTICLE 10.2 . 1 These Amendments to Article 10.2 replace articles 10. 2 . 1 through 10.2 . 1. 6 in the AIA Document B141 Standard Form of Agreement Between Owner and Architect, 1987 Edition. AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 14 of 18 pages ARTICLE 10.2 .2 Reimbursable expenses are in addition to the compensation for basic and additional services and include actual expenditures made by the Architect, his employees or his professional consultants in the interest of the Project for the expenses listed in the following subparagraphs and at the rates in Article 11. 3 . 2 : (a) Expense of transportation when traveling in connection with the project when authorized by the Owner and not including normal business travel to the client and to the site. (b) Printing costs including bid sets, reports, and specifications, when authorized in advance. (c) Computer time when authorized in advance at actual cost, but not including that normally required for basic services, management or administration. (d) Postage, express courier and freight costs when authorized in advance. (e) Telephone expenses in unusual circumstances and when authorized in advance. (f) Such other additional expenses as Owner and Architect may agree upon in writing in advance. ARTICLE 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES ARTICLE 10.3. 1 These Amendments to Article 10. 3 replace articles 10. 3 . 1 through 10. 3 .4 in the AIA Document B141 Standard Form of Agreement Between Owner and Architect, 1987 Edition. ARTICLE 10.3.2 The total cost of the Architect' s basic services, including consultant costs, related to the work as provided under this agreement shall be a fixed fee, as stated ARTICLE 11.2. 1. ARTICLE 10. 3 . 3 The Architect shall present a monthly statement of services rendered, showing details of progress of that particular phase of work. Payment to the Architect for basic services shall be made monthly in proportion to services performed so that the compensation at completion of each phase set forth in ARTICLE 11. 2 .2 shall not exceed the percentages of the estimated total basic compensation computed as a percentage of construction cost. ARTICLE 11 BASIC COMPENSATION ARTICLE 11. 1 Zero dollars. AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOGS\KENT\ARCHCON June 11, 1988 Page 15 of 18 pages ARTICLE 11.2 . 1 The fee for Basic Services is eight point six three five percent (8. 635%) of MACC estimated to be $1,870, 000 Attendance by the Architect at a maximum of thirty (30) public meetings with the KCLS Board of Trustees, the Kent City Council, the Kent Library Board, and other public groups designated by the Owner is included in Basic Services. Henry Klein is to be the Principal in Charge of the project and is contracted to attend all major design meetings with the Owner and public meetings included in Basic Services. Patricia Shelby or David Hall have been designated by the Architect to serve as the project Architects throughout the Project. In the event the Principal in Charge and / or Project Architect cannot see the contract through to completion, the Architect must notify and gain approval of the Owner prior to designating replacement personnel. In the event such designation is necessary, replacement personnel must have full knowledge of the project and replacement must not cause any undue delay in the completion of the Project. ARTICLE 11.3 COMPENSATION FOR ADDITIONAL SERVICES ARTICLES 11. 3 . 1 - 11.3.2 The Owner and Architect may elect to negotiate flat fees for selected Additional Services as provided for in this Agreement. Compensation for the Principal of the Firm is not to exceed $60.00 per hour. For the purposes of this Agreement, the principals are Henry Klein, David Hall and Lowell Larsen. The Project Architect, Patricia Shelby, shall be compensated at 2 . 6 times the actual personnel expenses. Other employees of Firm shall be compensated at 2 . 6 times the employee' s direct base salary (not including fringe benefits, taxes, retirement contributions or profit sharing) not to exceed a maximum of $60. 00 per hour. ARTICLE 11. 3 .3 The Architect shall write specifications and prepare bidding documents, assist in awarding the bid and administer the contract for demolition of the existing buildings on the Project site for a maximum of $3, 000 in addition to compensation for Basic Services. ARTICLE 11.5. 1 The period for completion of basic services is amended in Article 2. 1. 1. ARTICLE 11.5.2 The Architect shall bill the Owners, the King County Library System and the City of Kent for services rendered. All bills shall be processed through KCLS and AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 16 of 18 pages KCLS shall forward full payment to the Architect for services after approval by the KCLS Board of Trustees. KCLS shall bill the City of Kent for reimbursement of the City's portion of project costs paid to the Architect. KCLS shall have the responsibility to administer the Project in the interest of both Owners. it is recognized that usually billings are formally approved for payment by the KCLS Board of Trustees on the second Thursday of each month: in order to meet the respective month's payment cycle, all billings must be submitted by the Architect to the KCLS Deputy Librarian for Facilities Development 14 days before the monthly meeting of the KCLS Board of Trustees. ARTICLE 11.5.3 Adjustments in the rates and multiples set forth for Additional Services shall be made in accordance with the normal salary review practices of the Architect if approved in advance by the Owner. ARTICLE 12 OTHER CONDITIONS OF SERVICES ARTICLE 12. 1 The Architect shall receive an additional 10% coordination fee for managing the following additional design consultants. The consultants shall contract with the Architect and work as the Architect's agents in consultation with the Owner. The additional consultants are to submit their billings for services to the Architect for verification of work performed, and after approval, the Architect shall then forward the billings to the Owner for direct payment to the consultants. The Architect shall include the 10% coordination fee in the Architect's monthly billing as stated in Article 10.3 . 3 . ARTICLE 12 . 1.2 Landscape Architectural Services: The Architect shall contract with a Landscape Architect to provide professional design assistance in landscape design and underground sprinkler design. The Landscape Architect shall be responsible for preliminary plan, construction documents, budget estimates and construction observation; all services to be performed under the direction of the Architect and in consultation with the Owner. Selection of this design professional, compensation and terms of contract shall be subject to the Owner's approval. ARTICLE 12 . 1.3 Interior Design Services: The Architect shall contract with an Interior Designer to provide design services for public spaces and private offices. Selection of this design professional, compensation and terms of AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 17 of 18 pages contract shall be subject to the Owner's approval; services are to be performed under the direction of the Architect and in consultation with the Owner and shall include the following: Preparation of complete furniture plan. Selection of all materials, finishes and colors of all interior components. Coordination of graphic design and communication components. Design of any required custom cabinetry. Preparation of schematic material and finish display boards for Owner's review and approval. Preparation of cost estimates for interior components. Preparation of detailed furnishing specification and interior finish specification. Preparation of bidding specifications for selected furniture and shelving, and general design services connected with all phases of the bidding process. Inventory of purchased shelving, furniture and equipment. Administration of the Contracts between the Owner and Contractors providing the Project's moveable furniture and fixed shelving. ARTICLE 12 .1.4 Acoustical Engineering Services: The Architect shall contract with an Acoustical Engineer to provide engineering services including all work to meet special noise and vibration considerations unique to the site; all services to be performed under the direction of the Architect and in consultation with the Owner. Selection of this design professional, compensation and terms of contract shall be subject to the Owner's approval. ARTICLE 12 . 1.5 Civil Engineering Services: technical services for location of underground utilities and site work not anticipated from information shown on survey. ARTICLE 12.2. The Architect shall bill the Owners, King County Library System and the City of Kent, for services rendered. All bills shall be processed through KCLS and KCLS shall bill the City of Kent for its portion of project costs throughout Phases A and B. KCLS shall have the responsibility to administer the project ,in the interest of both Owners. In order to meet the respective month's payment cycle, it is recognized that usually billings are formally approved for payment by the KCLS Board of Trustees on the second Thursday of each month: all billings, including payments to sub-consultants for Additional AMENDMENTS TO B 141 HKP & KCLS\KENT; \DOCS\KENT\ARCHCON June 11, 1988 Page 18 of 18 pages Services approved by the Architect, must be submitted by the Architect for preliminary approval by the KCLS Deputy Librarian for Facilities Development 14 days before the monthly meeting of the KCLS Board of Trustees.