HomeMy WebLinkAboutContracts & Agreements_12-1974_CCv0001.pdf THE AMERICAN INSTITUTE OF ARCHITECTS
s AIA Document 8131
Standard Form of Agreement Between
Owner and Architect
on a basis of a
PERCENTAGE OF CONSTRUCTION COST
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made this 30th day of APRIL in the year of Nineteen
Hundred and Seventy—Four.
BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, the Owner, a n d
CALIFORNIA
CHARLES KOBER ASSOCIATES the Architect.
It is the intention of the Owner to develop and construct all improvements other than the
commercial buildings of the new Redlands Shopping Center in the central business
district.
hereinafter referred to as the Project.
The Owner and the Architect agree as set forth below.
AIA DOCUMENT 9131 • OWNER-ARCHI7ECT AGREEMENT (PERCENTAGE) * APRIL 1970 EDITION • AIA®
Q 1970•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms
and Conditions of this Agreement.
H. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of
this Agreement, as follows:
a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation
computed at the following percentages of the Construction Cost, as defined in Article 3, for
portions of the Project to be awarded under
A Single Stipulated Sum Contract Five and one half per cent 5� %)
Separate Stipulated Sum Contracts per cent 5� %)
A Single Cost Plus Fee Contract per cent 5# %)
Separate Cost Plus Fee Contracts per cent 5� %)
AN INITIAL PAYMENT of None dollars ($ —
0 shall be made upon the execution of this Agreement and credited to the Owner's account.
b. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation
computed as follows:
Principals' time at the fixed rate of Fifty dollars ($ 50.00
per hour. For the purposes of this Agreement, the Principals are:
Charles Kober
Employees' time computed at a multiple of Two and one half 2
times the employees' Direct Personnel Expense as defined in Article 4.
Additional services of professional consultants engaged for the normal structural, mechanical
and electrical engineering services at a multipie of one
1 ) times the amount billed to the Architect for such additional services.
Services of other professional consultants at a multiple of One
1 ) times the amount billed to the Architect for such services.
The rates and multiples set forth in this Paragraph Ilb will be subject to renegotiation if the
services covered by this Agreement have not been completed within Twelve
( 12 ) months of the date hereof.
c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5.
d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article 6.
e. THE SCOPE OF WORK under this agreement includes all necessary services, i.e.
civil and electrical engineering, planning, landscape architecture, etc.
-required on the project other than those required for the commercial build-
2ncrs. Specifically the parking areas, public spaces, parks, walkways and
all other related on site improvements are included.
AIA DOCUMENT 8131 - OWNER-ARCHITECT AGREEMENT {PERCENTAGE) - APRIL 19,0 EDITION - MAIN
@ 1970-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W.,WASHINGTON, D.C. 24046 2
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1 obtaining bids or negotiated proposals, and in awarding
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and preparing construction contracts.
ARCHITECT'S SERVICES
_ CONSTRUCTION PHASE--ADMINISTRATION
D��!� 6��Vi�E% OF THE CONSTRUCTION CONTRACT�.�
1.1.10 The Construction Phase will commence with the
The Architect's Basic Services consist of the five award of the Construction Contract and will terminate
phases described 6e|6w and include normal struc- when the 8no| Certificate for Payment is issued to the
tum[ mechanical and electrical engineering services. Owner.
SCHEMATIC DESIGN PHASE
1�111 The Architect shall provide Administration of the
^
Construction Contract asset forth inArticles 1 through 14
1~1,1 The Architect shall consult with the Owner toas- inclusive ofthe latest edition o[AIA Document A201,Gen-
certain the requirements of the Project and shall confirm eo| Conditions of the Contract for Construction, and the
such requirements to the Owner. extent of his duties and responsibilities and the limitations
1,1.2 the Architect shall prepare Schematic Design of his authority as assigned thereunder shall not be modi-
Studieo consisting ofdrawings and other documents illus- GeJ without his written consent.
kadng the scale and relationship of Project components 1^1^12 The Architect, asthe representative o/the Owner
for approval by the Owner. during the Construction Phase' shall advise and consult
1.1.3 The Architect shall submit to the Owner a State- with the Owner and all of /he Owner's instructions to the
ment of Probable Construction Cost based on current Contractor shall be issued through ,he Architect. The
area, volume orother unit costs. Architect shall have authority ,o act on behalf of the
Owner to the extent provided in ,he General Conditions
DESIGN DEVELOPMENT PHASE unless otherwise modified in writing.
1.1.4 The Architect shall prepare from the approved 1.1.13 The Architect shall a, all times have access to
Schematic Design Studies, for approval bythe Owner, the the Work wherever itis in preparation o, progress.
Design Development Documents consisting of drawings 1 � 14 The Architect shall make periodic visits to the
and other documents to fix and 6csc,i6c the size and ^ ^
site to familiarize himself generally with the progress and
character of the entire Project as to structural, mechani-
cal and electrical systems' materials and such othcrceen' Work is proceeding in accordance with the Contract Qoc'
ha|sas may 6cappropriate. uments. On the basis of his on-site observations as an
1.1.5 The Architect shall submit to the Owner a further archi»ect, he shall endeavor ,o guard ,he Owner against
Statement ofProbable Construction Cost defects and deficiencies in the Work of the Contractor.
The Architect shall not be required to make exhaustive
CONSTRUCTION DOCUMENTS PHASE or continuous on-site inspections to check the quality or
1.1.6 The Architect shall prepare from the approved De- quantity of the Work. The Architect shall not be espmn-
sign Development Documents, for approval bythe Own- yi6|e for construction means' me/hods, techniques' se-
er' Working Drawings and Specifications setting forth in quences o, procedures, or for safety precautions and
programs in connection vvi�k the Work, and he shall not
detail the requ�remen� hor �hecnns�ruchon o( theenbre '
proiect including the necessary bidding information, and be responsible for the Contractor's failure to carry out the
shall assist in the preparation of bidding forms, the [nn- Work in accordance with the Contract Documents.
d|dony of the Contract, and the form of Agreement 6e- 1,1,15 Based on such observations at the site and on the
tveen the Owner and the Contractor, Contractor's Applications for Payment, the Architect shall
1.1.7 The Architect shall advise the Owner of any a6' determine the amount owing to the Contractor and shall
jus1men$ to previous Statements of Probable Construction issue Certificates for Payment in such amounts. The is-
Cost indicated by changes in requirements or gene/a! suanceofa Certificate for Payment shall constitute a rep-
market conditions. nsentath»n by the Architect to the Owner, based on the
1.1.8 �6e Architect shall assist the Owner in filing the Architect's observations at the site as provided in Sub-
required
paragraph 11O-
nequine6 documents for the approval of governmental 1,1.14 and on the data comprising the App
authohdes having jurisdiction over the project. cation for payment' that the Work has progressed to the
point indicated; that to the best of the Architect's knowl-
edge, information and belief, the quality of the Work is
BIDDING OR NEGOTIATION PHASE
in accordance with the Contract Documents (subject to
1.1.9 The Architect, following the Owner's approval of on evaluation of the Work for conformance with the Con-
the Construction Documents and of the latest Statement tract Documents upon Substantial Completion, tmthe re-
of Probable Construction Cost, shall assist the Owner in sults mfany subsequent tests required bythe Contract Doc-
AIA noCu^^smv 8131 ^ ovvwEn'*mC*/rscr xcmacwcwr (pEnCswraoc) ^ APRIL 1970 co/Tmw ^ mw*
ID 1970^ THE AMERICAN /wsrnuTc Or ARCHITECTS, 1735wavv,onx AVE,, w,w.'wxSo|moT0w, D.[.20006 3
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uments, mominor deviations from the Contract Documents shall endeavor to provide further protection for the
correctable prior w/completion, and to any specific qua|i- Owner against defects in the Work, but the furnishing of
Gcahnns stated in /he Certificate for Payment); and that such project representation shall not make the Architect
the Contractor is'enhde6 to paymentin /he amount cer' responsible for construction means, methods, techniques,
dGh
ed. By [e, 0cauefor Payment, the Architect sequences or procedures,or6orsahe,yp,ecuotionsan6pro-
shall represent that hehas made any Contractor's Work
examination to ascertain how-and for what purpose the in accordance with the Contract Documents.
Contractor has used the moneys paid on account of the
Contract Sum'
1.3 ADDITIONAL SERVICES
1.1~16 The Architect shall be, in the Gn/ instance, the
If any of the following Additional Services are
interpreter of the requirements of the Contract Ducu-
men� and the impartial judge of the performance there- authorized by ��e Owner, they shall 6e paid for by
under 6yboth the C}=nerpndContractor. The Architect
the Owner as hereinbefore provided.
s6uU make decisions on all c/a/ms of /he Owner or Con- 1^3~1 p'o«i6i»A special analyses of the Owner's needs,
tractor relating »mthe execution and progress of the Work and programming the requirements of the Project.
and on all other matters or questions related thereto. 1.3.2 Providing financial feasibility or other special
The Architect's decisions in matters relating to artistic st«6ies'
effect shall he Gnn| if consistent with ,he intent of the 1,3.3 Providing planning surveys, site evaluations, or
Contract Documents. comparative studies o/ prospective sites.
1~1,17 The Architect shall have authority to reject Work 1.3.4 Providing design services mc|ubve to future faci|i-
vvhich floes not conform to the Contract Documents. hes' systems and equipment which are not intended to be
Whenever,inhis reasonable opinion, hcconsiders itnec*s- constructed uspart of the Project.
sary or advisable to insure the proper implementation of 1.3.5 Providing services to investigate existing C� n� con6i-
�keinten�of��eCon� c� ocumeno'hewiUhaveaut�o/' dons or or to mak* measured drawings therenf,
|ty to require special inspection or /esdngofany VVork in or to verify ��e accuracy of �- or other in6orma'
uccondance with /he provisions of the Contract Oucu- tion furnished by the {�wne�drawings— '
mentswhether ornot such Work 6e d6en b,bhoa�od in'
stalled o,comp!e�d . ' 1.3'6 Preparing documents for alternate bids or out-of-
.' sequence �emimr� neqveo�e66y,6eC)wn��
1^1.18 The Architect shall review and approve shop � � � Providing Detailed E,hma�so� [ons,,uchon Cost
drawingssamples, and other submissions of �nn�rac ` ^
' ' - or detailed quantity surveys or inventories of materia|
hornn�y h»r con6nnnancewi,h '�e de�iQn concep� nf ��e '
Project and for compliance with the informationequ|pmentan6 |a6nron given '
in the Contract Documents. 1,3^8 Providing interior design and other services re-
1.1.19 The Architect shall prepare Change Orders.
qui"a6 for n,in connectionwith the selection of furniture
and furnishings.
1.1.20 The Architect shall conduct inspections to de-
- tennine the Date, of Substantial Completion and final 1~3^9 Providing services for planning tenant or rental
completion, shall receive and review written guarantees spaces.
and related documents assembled by the Contractor, and 1`8^10 Making major revisions in Drawings, 5pedGca-
sha|| issue afinal Certificate for Payment. tions or other documents when such revisions are incon-
1.1.21 The Architect shall not be responsible for the d*ten' with written approvals or instructions previously
acts nromissions ofthe Contractor,o,any Subcontractors, given and are due to causes beyond the control of the
o, any ContraContractor'sSubcontractors'c� � Contractor's or Subcontractors' agents Apc6itect n, -
employees, or any other persons pa/forming any of the 1`3^11 Preparing supporting data and other services in
Work connection with Change Orders|f the change inthe Basic
Compensation resulting from the adjusted Contract Sum
is not commensurate with the services required of the
1^2 PROJECT REPRESENTATION BEYOND aA5/c ssRv'Css Architect.
1^2.1 If more extensive representation at the site than 1.3.12 Making investigations involving detailed ap-
is described under Subparagraphs 7.110 through 1.121 pmisa|s and valuations of existing facilities, and surveys
inclusive isrequired,and if the Owner and Architect agree, or inventories required in connection with construction
the Architect shall provide one or more Full-Time Project performed 6ythe Owner.
Representatives to assist the Architect. 1,3~13 Providing consultation concerning replacement
1.2.2 Such Full-Time Project Representatives shall be of any Work damaged by Are or other cause during con-
seiecusj' employed and directed 6ythe Architect, and the stn/cbon, and furnishing professional services of the type
Architect shall be compensated therefor as mutually set forth inParagraph 1.1asmay 6erequired inconnection
agreed between the Owner and the Architect asset forth with the replacement of such \mmrk.
inunexhibit appended 0nthis Agreement. 1~3~14 Providing professional services made necessary
1.2,3 The duties, responsibilities and limitations of au- by the default of ,he Contractor or by major defects in
thohty of such Full-Time Project Representatives shall be the VVn,k of the Contractor in the performance of the
set forth in an exhibit appended to this Agreement. Construction Contract.
1,2.4 Through the on-site observations byFull-Time Proj' 1.3.15 Preparing a set of reproducible record prints of
ect Representatives ofthe Work in progress, the Architect drawings showing significant change* in the Work made
6o,hnA the construction process, based on marked-up ascertain how or for what '� ---
,he Contractor has
�
primt6,mvnguando8er6a/a/unni»hnJbyt6eCuntmcoor used the moneys paid to 'im / nde, �� Construction
to the Architect.zContract. —
1.3.16 Providing extensive assistance in the utilization 2.7 The services, information, surveys and reports re-
of any equipment n,system such as initial start-up or test- qvbeJ by Paragraphs 2.3 through 2.6 inclusive shall be
img,adjusting and balancing, preparation o/ operating and furnished at the Owner's expense, and the Anki/ccr shall
maintenance manuals,training personnel for operation and be cndde6 to rely upon the accuracy and completeness
maintenance,and consultation during operation. thereof.
1.3.17 Providing Contract Administration and o6sema- 2J8 If the Owner observes or otherwise becomes aware
tion of construction after the Construction Contract Time of any 6u|/ or defect in the Project or non-conformance
has been exceeded or extended by more than ]U Jays with the Contract Documents, heshall give prompt writ-
through nofault of the Architect. ten notice thereof tothe Architect.
1.3.18 Providing sen/ir&aher issuance to /he Owner of 29 The(]v,nershall furnish information required of him
the final Certificate t cate6u,paymcn '
as expeditiously as necessary for the orderly progress of
1,3.19 Preparing to serve or serving as an expert witness the YVork'
inconnection with any public hearing,arbitration proceed-
ing mr |ogu| proceeding.
1.3.20 Providing services of professional consultants for ARTICLE 3
other than the normal structural, mechanical and electri-
cal engineering services for the Project. CONSTRUCTION COST
1,3.21 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in 31 The Construction Cost to be used as the basis for
accordance with generally accepted architectural practice. determining the Architect's Basic Compensation shall be
the total cost orestimated cost to the Owner ofall Work
designed or specified by the Architect, which shall be
ARTICLE 2 determined as follows, with precedence in the order
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listed:
ME OWNER'S RESPONSIBILITIES 3.1.1 For completed construction, the total cost of all
such Work;
2.1 The Owner shall provide full information regarding 3,1.2 For Work not constructed, (1) the lowest bona fide
his requirements for the Project. bid received from a qualified bidder for any or all of such
2.2 The Owner shall designate, when necessary, a rep- Work, or (2) if the Work is not bid, /he bona fide nmgu-
esem(adve authorized to ac/ in his behalf with respect to hated proposal submitted for any or all of such Work; or
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the Project. The Owner or his representative shall exam- 3.1.3 For Work for which no such 6i6 or proposal is
ine documents submitted by the Architect and shall received' (1) the latest Detailed Estimate of Construction
render decisions pertaining thereto promptly, to avoid Cost if one is available, or (2) ,he latest Statement of
unreasonable delay in the progress of the Architect's work. Probable Construction Cost.
2.3 The Owner shall furnish acertified land survey ofthe 3.2 Construction Cost does not include the compensa-
site giving,as applicable,grades and lines of streets,alleys, tion ofthe Architect and consultants, the cost ofthe |an6
pavements and adjoiningproperty; rights-of-way, res,ric- rights-of-way, or other costs which are /he esponsi6i|i—
bons'easements,encnmachmen�'zoming^6me6restrichons' of the Owner asprovided in Paragraphs 2.3 through 2'~
`/
boundaries and contours of the site; locations,locations, dimensions inclusive.
'
and complete data pertaining to existing buildings, other 3Labor furnished 6y ��e Owner for the Project shall
improvements and trees; and &u|| information concerning 6~� Ownerimc/o6e6 in the Construction Cost a� current market
available service and utility lines both public and private, �
rates includinga reasonable aUowance fornverkea6 and
above and below grade, including inverts and depths. profit. Materials and equipment furnished by the Owner
2.4 The Owner shall furnish the services of soi|sengi- shall be included at current market prices, except that
neer or other consultant when such services are deemed used materials and equipment shall be included as if pur-
necessary 6ythe Architect, including repo/u' test borings, chased new for the Project.
test pits, soil bearing va|ues, percolation tests, air and
wa�spoUuhon tests, ground corrosion and resistivity tests �.4 Statements �� Probable Construction [o,� and De-
water
other necessary operations for determining subsoil, tailed Cost Estimates prepared by the Architect represent
air and water condi/ions' w/i/6 appropda�e p,ofemsionahis 6m*t judgment as a design professional familiar with
interpretations thereof. the tke construchon industry. It is pecognizm6, however, that
�� The Owner shall furnish structural, mechanical,
neither the Architect ^m/ the Uvvnerhas any control over
` ' " the cost of |m6o, materials or equipment, the con-
chemical
andothe,|abumtury� tractors' methods determining" " "'" prices, or over com-
as
'
as requContract �' petitive
ed by law mvthe [on� /� Documen ^666 - or market conditions. Accordingly, theshlegal,2.6 The Owner shall furnish such hm� , accounting, and Architect cannot and does not guarantee that bids will not
insurance counselling services asmay 6mnecessary for the vary from any Statement of Pnu6a6|e Construction Cost
Project, and such auditing services as he may require to or other cost estimate prepared by him.
. .
. '
3,5 When o 0re6 limit of Construction Cost is esub- 5.1.2 Expense of reproductions, and handling
||s6ed as a condition of ,his Agreement, it shall include a of Drawings and Specifications excluding duplicate sets
bidding contingency nften percent unless another amount atthe completion ofeach Phase for the Owner's review
is agreed upon inwriting.When such a fixed limit iersob' and approval,
|ished' the Architect shall be permitted to determine what 5,1,3 If authorized in advance by the Owner, expense
materials, equipment, component systems and types of of overtime work requiring higher than regular rates and
construction are to be included in the Contract Dncu' expense of renderings or models for the Owner's use.
men$, ond tumake reasonable adjustments in the scope 5,1,4 Expense ofcomputer time when used in conmec-
f the Project to bring itwithin the fixed limit, The Ancki- don with Additional Services.
tect may also include in the Contract Documents alternate
bids tmadjust the Construction Cost-to the fixed limit.
3.5.1 If the lowest bona fide 6i6 or negotiated pro- ARTICLE 6
pm*ai the Detailed [os, Ehimaoo or the Statement of
Probable Construction Construcbon [ost exceeds such fixed limit of
Construction Cost (including the bidding ovndngencyi PAYMENTS TO THE ARCHITECT
established as condition nfthis Agreement, the Owner
shall (1) give written approval of an increase in such fixed 6.1 Payments on account of the Architect's Basic Ser/-
limit, (2) authorize rebidding the Project within a reason- ices shall be made as follows:
able time, o, (3) cooperate in revising the Pmiect scope 6.1.1 An initial payment as se, hmn6 in Paragraph Ila
and goaJityas required to reduce the Probable [oostruc- (Page 2) is the minimum payment under this Agreement.
hon Cost. In the case of (3) the Architect, without a6Ji' 6^1^2 Subsequent payments for Basic Services shall be
hona| charge,shall modify the Drawings and 5Pecifications made monthly in proportion to services performed so
as necessary to bring the Construction Cost within the that the compensation at the completion of each Phase
fixed limit. The providing of such service shall be the shall equal the following percentages of the total Basic
limit of the Architect's responsibility in this nr�ar6' and Compensation:
having done u\ the A,chi�c|shall 6eenht�JnzcVmPe»'
sabon in accordance with this Agreement. Schematic Design Phase ''''''''
15%
Design Development Phase ... ... 36%
Construction Documents Phase . ... 76%
Bidding or Negotiation Phase ..... 80%
ARTICLE 4
Construction Phase .... ....... 1U100%
-------- 6.2 Payments for Additional Services ofthe Architect as
defined in Paragraph 1-3' and for Reimbursable Expenses
DIRECT PERSONNEL EXPENSE as defined in Article 5, shaU be made monthly upon
presentation of the Architect's statement of services ren-
4.1 Direct Personnel Expense of employees engaged on deed.
the Project by the Architect includes architects, engineers, 6,3 No deductions shall be made from the Architect's
designers, job captains, draftsmen, specification writers compensation on account of ' -|t� liquidated dam
'
an6 typists, in consultation, research and design, in p'n' ages, or other sums withheld from payments to con-
ducing Drawings, Specifications and other documents per- tractors.
taining to the Project, and in services during construction 6^4 If the suspended for more than three
at the site. Project —
' mon,hs or abandoned in whole or in part, the Architect
4.2 Direct Personnel Expense includes cost of salaries shall be paid his compensation for services performed
and of mandatory and customary benefits such as statu- prior to receipt ofwritten notice from the Owner ofsuch
tory employee benefits, insurance, sick leave, holidays suspension or abandonment, together with Reimbursable
and vacations, pensions and similar benefits. Expenses then due and all terminal expenses resulting
from such suspension or abandonment. If the Project is
resumed after being suspended for more than thee
months, the Architect's compensation shall be subject to
ARTICLE 5 renegotiation.
6.5 Payments due the Architect under this Agreement
REIMBURSABLE EXPENSES shall bear interest at the legal rate commencing sixty
days after the date ofbilling.
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include ,
actual expenditures made by the /\rckitect, his employees,
ARTICLE 7
or his professional consultants in the interest of the Proj-
ect for
nmj-ect6or the expenses listed in the following Subparagraphs:
ARCHITECT'S ACCOUNTING RECORDS
5^1.1 Expense of transportation and living when travel-
ing in connection with the Project; long distance calls Records o/ the Architect's Direct Personnel, Consultant
and Us|egvoms/ and fees paid for securing 'approval of and Reimbursable Expenses pertaining to the Project
authorities having jurisdiction over the Pno/ cL shall be kept ona generally recognized accounting basis
^
and shall be available to the {]nne, or his authorized ARTICLE 11
representative a, mutually convenient times.
ARBITRATION
11.1
11.1 AJ| claims, disputes and other matters in question
ARTICLE 8 arising out of, or relating to, this Agreement or the
---------
breach thereof shall be decided by arbitration in accord-
TERMINATION OF &|������EhJ� ance with the Construction Industry Arbitration Rules of
- the American Arbitration Association then obtaining un-
less the parties mutually agree othenwisc his agreement
This Agreement may beterminated by either party upon to arbitrate shall be specifically enforceable under the
seven days' written notice should the other parry 6i( prevailing arbitration |aw.
substantially to perform in accordance with its terms '
through no fault ofthe o,6er |n the of 11.2 Notice of the demand for arbitration shall be U|e6
' in writing with the other parry 0n ,�i� Agreement and
due to the fault ofntheo than the Architect, the A,c6i
tec\ shall 6e paid 6i� compensation for services per-
with the American Arbitration Association. The demand
� -
form*J to termination date, including Reimbursable Ex' ^
penses then due and all te'''' 'ina| expenses.
6m made within a reasonable time after the claim,dispute or other mutter in question has arisen. in no
event shall the demand for arbitration bemade after the
date when institution of legal or equitable proceedings
~
based on such claim, dispute nrother matter in question
ARTICLE 9 would be barred by the applicable statute of limitations.
-------- 11.3 The award rendered bythe arbitrators shall 6efinal,
OWNERSHIP OF DOCUMENTS and judgment may be entered upon it inaccordance with
applicable law in any court having jurisdiction thereof.
Drawings and Specifications as instruments of service
are and shall remain the property ofthe Architect whether ARTICLE 12
the Project for which they are made is executed or not. —
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Theyare not to be used 6ythe Owner on other projects
or extensions to this Project except by agreement in writ- EXTENT OF AGREEMENT
ing and with appropriate compensation to the Architect.
This Agreement represents the entire and integrated
agreement between the Owner and the 'Architect and
supersedes all prior negotiations, representations or
ARTICLE 10 agreements, either written or oral. This Agreement may
' --------- be amended only by written instrument signed by both
SUCCESSORS AND ASSIGNS Owner and Architect.
The Owner and the Architect each binds himself, his
partners, successors, assigns and legal representatives 13,es �o --------'
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other GOVERNING LAW
party with respect to all covenants of this Agreement.
Neither the Owner nor the Architect shall assign, sublet Unless otherwise specified, this Agreement shall be Qov-
or transfer his interest in this Agreement without ��e erneJ by the |** of the principal place of business of the
written consent of ,he other. Architect.
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AIA DOCUMENT 8131 - OWNER-ARCHITECT AGREEMENT (PERCENTAGE) - APRIL 1970 EDITION - AIAO
0 1970-THE ANAERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W,, WASHINGTON, D.C,20006 7
ADDITIONAL PROVISIONS: "Architect," as used in this agreement,
means the undersigned corporation which agrees to furnish architectural
services by and under the direction of certificated architects as
provided herein.
This Agreement executed the day and year first written above,
OWNER REDRVE N'i' iGENCY OF THE.CITY OF REDLANDS
ding E utive Drr6ctor
Redevelopment Agency; o'L the
City of Redlands
CHARLES KOBE SO A
By:
Corporation furnishing architectural
services.
AIA DOCUMENT 8131 • OWNER-ARCHITECT AGREEIMENT (PERCENTAGE) . APRIL 1970 EDITION • AIA®
Q 1970- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 8