Application to Dept. of Interior fo Five Flags Civic Center_07.09.1973July 9, 1973
Mr. Karl Blasi, Director
Dubuque A -ea Metropolitan
Planning Commission
411 Fischer Building
1
Dubuque, Iowa '
jr Dear Mr. Blasi:
During the month of June Adrian Anderson, the State Historic Preservation Officer,
advised the Five Flags Center Fund that the United States Department of the
riot had set aside $8; 000, 000 for allocation to the several states for distribution
to local commun.ittes engaged in his Inte-
toric preservati
I the American Zevolution Bicentennial to be celebrated in 137toes associated with
f
The enclosed application was submitted r. Anderson's office reouestincr to the Department of the Interior through
for the following activities a to
in the amount Of $486,359.00
i covering certain phases of the Five Flags Center Pro-
_ Ject located in Downtown Dubuque.
i• Purchase of the Orpheum Theatre and the theater site. B,- of
these items hsve been entered on the National Historic Places. Register of
_ 2.
Restoration, sorae reconstruction and other work required to
place the theater into acceptable
conternporary coRimunit condition for a variety of
y-�.vlde uses.
3. Construction of a multi -storied promenade to provide entran-
ces, historic galleries and gathering place for the theater, as
well as a connecting way to -a new exhibition -arts building
which is not a part of this application.
4. Construction Of an off-street parking facility.
In accordance with the policies and procedures : et forth by the United States
Department of the Interior to implement pleent The National Historic Pr
of 1966, it is hereby requested that aose vation Act
ppropriate action be taken at the next
Mr. Karl Masi
July 9, 1973
Page 2
meeting of the Dubuque Area Metropolitan Planning Commission to provide the
appropriate A-95 review and clearance for this specific project.
This project is local in nature and has been developed in cooperation with the
Dubuque County Historical Society and the City of Dubuque. To assist in the
review of this application, we are providing a Fact Sheet which describes the
Five Flags Center Project in capsule form.
Representatives of the Five Flags Center Fund are available to appear at the
next commission meeting to respond to any questions concerning this application.
Sincerely yours,
Wayne A. Norman
General Chairman
WAN/GMVJ/vt
cc: Dubuque County Historical Society
Dubuque Human Rights Commission
Department of Housing and Redevelopment,
City of Dubuque
THE ANIERICAN INSTITUTE OF ARCHITECTS
I
AIA Document B131
e
on a basis of a
PERCENTAGE OF CONSTRUCTION COST
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGR€€AAENT
made this twenty-seventh day of March in the year of Nineteen
Hundred and Seventy-three
BETWEEN Five Flags Center Fund
the Owner, and
Cullen-Schiltz & Associates, P. C. the Architect.
RES7lsRS A*Ip
It is the intention of the Owner to renovate the Orpheum Theater, add an Arts, Exhi-
bition and Convention Center including area for "Multi -Media" presentation, and
develope parking and site planning in the block between Locust and Main Streets
and 4th and 5th Streets. This "Five Flags Civic Center" is
hereinafter referred to as the Prcject.
The Owner and the Architect aUree as set forth bclo%ti,.
AIA DOMMINT Bill rnc.rF:-�R�f 111 f('T AGRIr.IrNT IPrRrf NTAGn • APT,1L 19"II rDITION • AIA*
0 1970 • 111E AAIERICAN INSIITIIlr 01 ARIA It TIC S, 17J5 NEW YOILA AVE., NAV., \VAST IINGI ON, D. C. 20006
1
I. TIM ACCIIITCCT shall provide professional services for the I'lojeet in accordance \\•ith the lerms
and Conditions of this Agreement.
11. THC O\\'NCR shall ennWcnQtt- the Architect, in accord: nce with life Terms and Conditions of
this Agreement, as' folluva: See Note 1 below.
a. FOP, THE ARCHITECT'S PAW SERVICES, as described in Paragraph 1.1, Basic Compensation
computed at the fullr,\•:im; percerilmlos of the Construction Cost, as defined in Article 3, for
portions of the Protect to be a%walecl under
A Single Stipulated Sum Contract per cent
Separate Stipulated Sum Contracts per cent
A Single Cost Plus Fee Contract per cent ( %)
Separate Cost Plus Fee Contracts per cent ( %)
AN INITWL PAYMENT of Two Thousand dollars (5 2,000.00)
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: See Attachment 1-B for schedule of hourly rates.
-{ritrlCiQrliY=�iFlie^BE-Ff1e-}`!fd-h1fC•O--------------------------- )Oi±fliS-(Sj--------- 4
ptr �toer:-F-or-t#le-perrpor+es trf• tf�+s -Agree rflentr E♦1e-Rr+rtt�paas arcs
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Additional services of professional consultants engaged for the normal structural, mechanical
and electrical engineering services at a multiple of
times the amount billed to the Architect for such additional services.
Services of other nrnfncdnnal enncpttantc at a rn u.!tinte of _
( 1.15 ) times the amount billed to the Architect for such services.
The rates and multiples set forth in thi; Paragraph 116 \vill be suh;ect to renegotiation if the
services covered by this Agreement have not been completed \\ithin
( }$ ) months of the cute hereof.
e. FOR THE ARCHITECT'S REI.Vo"Un"SA6LE EXPENSES, amounts expended as defined in Article 5.
d. THE TIMES AND FURTHER CONDITIONS OE PAYMENT shall be as described in Article 6.
Note 1 - Basic fee shall be $37,750.00 for first $500,000.00 construction cost plus
6% for any amount above $500,000.00. See Attachment I -A for•further con-
ditions of work and reimbursement for work by the Architect.
AIA DOCUMENT 11111 It\1"a t:-V:(I'I:!CL :\GK(I\ll.\1 d'!K(:[\T:\'Ai • AITIL 17:0 EDITION • AIA� -
C 1270. 111[ Asti f•.IC \`Z 1\iil l U IE UI \R( 1111ECIS, 17:1 MV, 1ONn \\i.• \A\'., \\Aq IMGI(t\, 1). C. 2,1006 2
TERMS AND CONDITIONS OF AGREEMENT I:F_ NIFIN OWNER AND ARCHITECT
ARTICLE 1
ARCI71'fECT'S SERVICES
1.1 cnsic sti;wcrs
The Architect's Basic Services consist of the five
phases described below and include normal struo-
tural, mechanical and electrical engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to as-
certain the requirements of the Project and shall confirm
such requirements to the Owner.
1.1.2 The Architect shall prepare Schematic Design
Studies consisting of drawings and other documents illus-
trating the scale and relationship of Project components
for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1A The Architect shall prepare from the approved
Schematic Design Studies. for approval by the Owner, the
Design Development Documents consisting of drawings
and other documents to fix and describe the size and
character of the entire Project as to structural, mechani-
cal and electrical systems, materials and such other essen-
tials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
CONSTRLIC.TION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved De-
sign Development Documents, for approval by the Own-
er, Working Draa'in^s and Snecificationc setting, forth in
detail the requirements for the corstruction of the entire
Proiect including the necessary bidding, information, and
Shall assist in the preparation of bidding forms, the Con-
ditions of the Contract. and the form of Agreement be-
tween the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of anv ad-
justments to precious Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.1.8 The Architect shall assist the Owner in filing the
requited documents for the approval of governmental
authorities having jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids, or negotiated proposals, and in awarding
and preparing constrirclion contracts.
CONSTRUCTION PHASE —ADMINISTRATION
OF TIIE CONSII:UCTION CONIRACT
1.1.10 The COnCtrnChnn Phase will commence with the
award of the Construction Contract and will terminate
when the final Certificate for Payment is issued to the
Owner.
1.1.11 The Architect shall provide Administration of the
Construction Contract as set forth in Articles 1 through 13
inclusive of the !: !est ^: ition of AIA Document A201, Gen-
eral Conditions of the Contract for Construction, and the
extent of his duties and responsibilities and the limitations
of his authority as assigned thereunder shall not be modi-
fied without his written consent.
1.1.12 The Architect, as the representative of the Owner
during the Construction Phase, shall advise and consult
with the Owner and all of the Owner's instructions to the
Contractor shall be issued through the Architect. The
Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions
unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the
site to familiarize himself generally with the progress and
quality of the Work and to determine in general if the
Work is proceeding in accordance with the Contract Doc-
uments. On the basis of his on -site observations as an
architect, he shall endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
The Architc-:t shall not be required to make exhaustive
or continuous on -rile inspections to check the quality or
quantity of the Work. The Architect shall not be respon-
sible for construction means, methods, techniques, se-
quences or procedures, or for safety precautions and
programs in connection with the Work, and he shall not
be responsible for the Contractor's failure to carry out the
Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the
Contractor's Applications for Payment, the Architect shall
determine the amount owing to the Contractor and shall
issue Certificates for Payment in such amounts. The is-
suance of a Certifcate for Payment shall constitute a rep-
resentation by the Architect to the Owner, based on the
Architect's observations at the site as provided in Sul -
paragraph 1.1.14 and on the data comprising the Appl -
eation for Payment, that the Work has progressed to th-
point indicated: that to the best of the Architect's knowl-
edge, information and belief, the quality of the Work is
in accordance with the Contract Documents (subject to
an evaluation of the Work for conformance with the Cor-
tract Documents upon Substantial Completion, to the re-
sults of any sub,equent tests required by the Contract Doc-
AIA nocuMrvT Ct:1I - c %%MIZ 4UCI1 ll CT AC.U[VLN1 (PUKINIAG❑ • API[IL 19,0 M11ION • AIAZ
0 1970- ME A.\fu:i:AN I.N tMUIE Of A :CIIITECT5, 1-31 NEW 1'Ulil: A\ f..., N.11'., W.ASHINGfON, D. C. -'000G
umenis, to minor de:iaiiors from the Contract Documents
eorreeta hip. pnnr to cr,niplrl:nn, and to : nv sprnitc moli-
ficatrnns slated in I!,(. Cr: hi.cab• for Po%nent ; and Ilia:
the Contractor i. rn•r:!( d !o p.rmrnl in the amount rer-
tified. Cy iswin , a Ceriiicate for f.!ym1-11. Ibe Architect
shall not be dermcdto reprewnt that br has marlr any
examination to a-ce-t.!in how and for v.lint purl,(: the
Contractor had wed the monevs paid on account of the
Contract Sum.
1.1.16 The Arrhitect shall hr.:'in the first instance, the
interpreter of the requirement, of the Contr: ct Docu-
ments and the in-j-teal jud^_e of the reform, rce there -
tinder by both the O\cner and Contractor. The Architect
shall make decisions on all claim; of the Owner or Con-
tractor relating to 111e CNCCL11;0l1 and! progress of the Work
and on all other mat!ers or questions related thereto.
The Architect's decisions in matters relating to artistic
effect shall be final if consistent with the intent of the
Contract Documents.
1.1.17 The Architect shall have authority to re;ect Work
which does not conform to the Contract Documents.
Whenever. in his reasorable opinion, he considers it neces-
sary or advisable to insure the proper implementation of
the intentof the Contract Documents. hew•ill have author-
ity to require special inspection or testing of any Work in
accordance with the provisions of the Contract Docu-
ments whether or not such Work be then fabricated, in-
stalled or completed.
1.1.18 The Architect shall review and approve shop
drawings, samples, and other submissions of the Contrac-
tor only for conformance with the design concept of the
Project and for compliance with the information given
in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to de-
termine the Dates of. Substantial Completion and final
completion, shall receive and review written guarantees
and related documents assembled by the Contractor, and
shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the
acts or omissions of the Contractor, or any Subcontractors,
or any of the Contractor's or Subcontractors' agents or
employees, or any other persons performing any of the
Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more evensiye representation at the site than
is described under Suhparacraphs 1.1.10 ihrou^_h 1.1.21
inelusiye is required. and if the Owner and Architect aeree.
the Architect sha'I provide one or more Full -Time Project
Representatives to assist the Architect.
1.2.2 Such full -Time Pro;ect Representatives shall be
selected, empioced and directed by the Architect, and the
Architect shall be compensated therefor as mutually
agreed behteen t!:e Owner and the Architect as set forth
in an exhibit appended to this 1%greement.
1.2.3 The duties. recronsibili ics and limitations of au-
thority of such FUN-Tirne Proiert Representatites shall be
set forth in an appended to this Aercement.
1.2.4 Through the on -site obser%at erns by FuH-Time Proj-
ect Representatnes of life Worl in p«stress, the Architect
shall endeavor to provide further prolection for the
Owner acnirst defects in the Work, but the furnishin:!, of
such prwect repre<entaevm sh;11 not m.d:r the Arck:•ret
re>pon,011e for condmction mranl , methods, technic,;cc.
sequences or prncedarrs, or fo• safety precautions and rro-
gram;, or for the Contraoor's iailure to perform the Pork
in accordance with the Contract Documents.
1.3 ADDITIONAL SFRvicrS
If any of the fol!owin; Additional Services are
auth0ri7cd l?y the Owner, they shall be paid for by
the Owner as hereinbe'ore provided.
1.3.1 Pro\iciin7, special analyses of the Owner's needs,
and programming the requirements of the Project.
1.3.2 Providing financial feasibility or other special
studies.
1 °,3 Providing panning surveys, site evaluations, or
comparative studies of prospective sites.
1.3.4 Providing design services relative to'future facili-
ties, systems and equipment which are not intended to be
constructed as part of the Project.
1.3.5 Providing services to investigate existing concli-
tions or facilities or to make measured drawings thereof,
or to verify the accuracy of drawings or other informa-
tion furnished by the Owner.
1.3.6 Preparing documents for alternate bids or out -of -
sequence services requested by the Owner.
1.3.7 Providing Detailed Estimates of Construction Cost
or detailed quantity surveys or inventories of material,
equipment and labor.
1.3.8 Providing interior design and other services re-
quired for or in connection with the selection of furniture
and furnishings.
1.3.9 Providing services for planning tenant or rental
spaces.
1.3.10 Making major revisions in Drawings, Specifica-
tions or.other documrr,ts when such revisions are incon-
sistent with written approvals or instructions prrvioush`
given and are due to causes beyond the control of the
Architect.
1.3.11 Preparing supporting data and other services in
connection with Chanee Orders if the chanee in the Basic
Compensation resulting from the adjusted Contract Sum
is not commensurate with the services required of the
Architect.
1.3.12 Making investigations involving detailed ap-
praisals and va!uations of existing facilities, and suryevs
or inventories required in connection with construction
performed by the Owner.
1.3.13 Providing consultation concerning replac( ment
of any Work da ma^_ed by fire or other cause during con-
struction. end furnishing, professional services of th( t\pe
set forth in Paragraph 1.1 as may be required in conned:on
with the replacement of such Work.
1.3.14 Providing professional ' services made necessary
by the default of the Contractor or by major defects in
the Work of the Contractor in the performance of the
Construction Contract.
1.3.15 Preparing; a set of reproducible record pri its of
dr,minge showing significant chanl',es in the Work made
AIA DOCUWNT 0111 • 0A\(R-\P(W11CT A(;!MV(\T •I'ERC(\TAGE) • APRIL 1970 EDITION
C 111-0 • 111L ANINX%rx I\<MUIL Or ARCHIUCi7. 1-1, \(\\y(1Ri. ME- N.w., WASHINGTON. D. C. `)115
during the construction process, based on marked -up
Prints, drawings and other data furnished by the Contractor
to file Architrcl.
1.3.16 Providing extensive assistance in the ulilizalion
of any equipmrnl or system such as initial start-up or test-
ing. adjuslin;; Mill bal.:ncin:;, preparanun of operating and
maintenance mrnua L. training prrsnnnvl for nperalion and
ma intenarice, anrd con-mitanon during operation.
1.3.17 Providing Contract Administration and observa-
tion of const«Icnnn after the Construcnon Contract Time
has been exceedocl or extended by more than 30 days
through no fault of the Architect.
1.3.18 Providing services after issuance to the Owner of
the final Certificale for Payment.
1.3.19 Preparing, to serve or serving as an expert witness
in connection with any public hearing, arbitration proceed-
ing or legal proceeding.
1.3.20 Providing services of professional consultants for
other than the normal structural, mechanical and electri-
cal engineering services for the Project.
1.3.21 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice. .
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
his requirements for the Project.
2.2 The Owner shall designate, when necessary, a rep-
resentative authorized to act in his behalf with respect to
the Project. The Owner or his representative shall exam-
ine documents submitted by the Architect and shall
render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of the Architect's work.
2.3 The Owner shall furnis:: a certified land survey of the
site giving, as applicable, grades and lines of streets, alleys,
Pavements and adjoining property; rights -of -way, restric-
tions, easements, encroachments,. zoning, deed restrictions,
boundaries and coninurs of the site; locations. dimensions
And complete data pertaining to exisling buildings, other
improvements and trees; and full information concerning
available service and utility lines both public and private,
above and below grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engi-
neer or other consultant when such services are deemed
necessary by the Architect. including reports, test borings,
test pits, soil bearing values, percolation tests, air and
water pollution tests, ground corrosion and resistivity tests
and other necessary operations for determining subsoil,
air and water conditions, with appropriate professional
interpretations thereof.
2.5 The Owner shall furnisl; structural, mechanical,
chemical and other labormory te'•ts, inspections and reports
as required by law or tho Contact Ducunlents.
2.6 The Owner shall furnish s Ich h gal, accounting, and
insurance counselling, services a . may be recess, ry for the
Project, and such auditing Services as he may require to
ascert.rin how or fnr wlral purposes the Contractor hat
used the 111011CYs paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports re.
quired by Paragraphs 2.3 through 2.6 inclusive shall be
furnished at the Owner's expense, and the Architect shall
Ile entitled to rely upon the accuracy and completeness
thereof.
2.8 If the Owner observes or otherwise becomes aware
of anv fault or defect in the Project or non-conformance
with the Contract Documents, he shall give prompt \vot-
ter notice Ihrreof to the Architect.
2.9 The O\vnor shall furnish information required of him
as expeditiously as necessary for the orderly progress of
the Wark.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for
determining the Architect's Basic Compensation shall be
the total cost or estimated cost to the Owner of all Work
designed or specified by the Architect, which shall be
determined as follows, with precedence in the order
listed:
3.1.1 For completed construction, the total cost of all
such 1Nork;
3.1.2 For Work not constructed, (1) the lowest bona fide
bid received from a qualified bidder for any or all of such
Work, or (2) if the Work is not bid, the bona fide nego-
tiated proposal submitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is
received, (1) the latest Detailed Estimate of Construction
Cost if one is available, or (2) the latest Statement of
Probable Construction Cost.
3.2 Con-truction Cost does not include the compensa-
tion of the Architect and consultants, the cost of the land.
rights -of -way, or other costs which are the responsibility
of the Owner as provided in Paragraphs 2.3 through 2.6
inclusive.
3.3 Labor furnished by the Owner for the Project shall
be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and
Profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that
used materials and equipment shall be included as if pur-
chased new for the Project.
3.4 Statements of Probable Construction Cost and De-
tailed Cost Estimates prepared by the Architect represent
his best juc'gmenl as a design professional familiar with
the construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the con-
tractors' methods of cleterrninimg bid prices, or over :om.
petifive bicidin,e, or market conditions. Accordingly, the
Architect cannot and does not guarantee that bids wi l not
vary from i ny Statement of Probable Construction Cost
or other co,t estimate prepared by him.
AIA IH)MMI.NT Rill . OwVNM:rclullcr AGlal\trr.T Wi RCINIAGD • AI•I ln:'u rnITIC nln°
+� 1071i• TlIE ,\.\tf RIC 4N INtill ll'IC 7T:\R("I II if C7s, V Is Nf\\' Yt IRA AVE,, NAV., 11 ASIIINGTON, D. C. 200u6
3.5 When a fixed !'""I of Cor'!rurGon C(Al is cslab-
(ishccl as a condition of this 4grr;`rnrnl. It shall ioclu(!r a
bidding eantin 9..nev of tvn p'•rrrnl ti,!o_ another amount
is agreed upon m wnt:n,;. N.'ien •t'( it a Lv(•(I hmn is estab-
lished, the AW,ttect shall be permrtrcl to dvieimine v.hab
materials. cqu:Pmcrt, com:rrnort s%<Irms ind Ivpes of
construction are to he inc!vdvd on the Contract DOW-
ments, and to mal.rt :rasnn+ble ad us•rnrnts in tile Knee
Of the Project to br,n•: it y✓bin the 'retf limit. 71he Archi-
leel map also i^rlu(!e in tho Con(,,cl Doctlm.ents alternate
bids to adjust :hc Con'tri:0011 Cost to the fixed limit.
3.5.1 If the lowest bona fide had or r.r,;otiated Pro-
posal, the Detailed Cost 1zlimale or the. Statement of
Probable Construction Cost e\rer(IS such fixed limit of
Construction Cost !including the bidding contingency:
est,blishecl as a conr'ition of this Agreement, the O%Nrcr
shall (1) give written approval of an increase in such fixed
limit, (2) authorire rebiddir, the Project within a rcason-
able time, or (3) cooperate in revising the Project scope
and quality as required to reduce the Probable Construc-
lion Cost. In the case of (3'1 the Architect, without addi-
tional charge, shall mo(hfy the Drawings and Specifications
as necessary to brio, the Construction Cost within the
fixed limit. The providing of such serice shall be the
limit of the Architect's responsibi'ity in this regard, and
having done so, the Architect shall be entitled to compen-
sation in accordance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on
the Project by the Architect includes architects, engineers,
designers, job captains, draftsmen, specification writers
and typists, in consultation. research and design, in pro-
ducing Drawings, Specifications and other documents per-
taining to the Project, and in services during construction
at the site.
4.2 Direct Personnel Expense includes cost of salaries
and of manda;ory and customary benefits such as statu-
tory employee benc its, insurance. rcl: Icare, hohdz)s
and vacations, pensions and sinilar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses ar- in addition to the Com-
pensation for Basic and Additi )nal Services and include
actual expenditures made by the Architect, his employees.
or his professional COTISi1ItarltS 11 the interest of the Proj-
ect for the expenses Cued in the followin. Subparagraphs:
5.1.1 Expense of transporiati,m and living when travel-
ing in connection with the P oject; long diaance calls
and teler'Tanis; and fees Paid for securing approval of
authorities hating ju:isdicbon leer the Project.
5,1.2 Expense of reprn(luctions, postage and handling,
of Drawing; and Speroications excluding rluPlicate sets
at the conlplcuon of (,act Phase for the Owner's review
.and approval.
5.1.3 If authorized in advance by the Owner, expense
of oycrtimc %work requiring hieher than regular rates and
expense. of rem!erinr,; or models for the Owner's use.
5.1.4 Expense of computer time when used in connec-
tion with Additional Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Serv-
ices shall be made as foCow•s:
6.1.1 An initial payment as set forth in Paragraph Ila
(Page 2) is the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly in proportion to services performed so
that the compensation at the completion of each Phase
shall equal the following percentages of the total Basic
Compensation:
Schematic Design Phase ........ 15%
Design Development Phase ...... 35%
Construction Documents Phase .... 75%
Bidding or Negotiation Phase ..... 80% Construction Phase .............. 1000,0
6.2 Payments for Additional Services of the Architect as
defined in Paragraph 1.3, and for Reimbursable Expenses
as defined in Article 5, shall be made monthly upon
presentation of the Architect's statement of services ren-
dered.
6.3 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated dam-
ages, or other sums withheld from payments to con-
tractors. -
6.4 If the Project is suspended for more than three
months or abandoned in whole or in part, the Architect
shall be paid his compensation for services performed
prior to receipt of written notice from the Owner of such
L
swpc:u;en or atiandora:rot, together •..ith Reimbu:_v..,_
Expenses then due and all terminal expenses resulting
from such suspension or abandonment. If the Project is
resumed after being SElspended for more than three
months, the Architect's compensation shall be subject to
renegotiation.
6.5 Payments due the Architect under this Agreement
shall bear interest at the legal rate commencing sixty
days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant
and Reimbursab!c Expenses pertaining to the Project, and
records of accounts between the Owner and the Con -
Ala DOCUMINT 011l • Ovw"'R.NRC"MCT AGIMr TENT WERCENTAGO • APRIL 1970 EDITION • AIA`
6 C. 19-0 TIN AVERICAN I.N5TIl U1E 0E ARCHITECTS, 1713 NEI,% YORK AVE., NA1•., wASHINGION, D. C. 20006
Iraetor, shall be I.rpi on a generally reco^nizcc) a crounling
basis and shall he available to Ilm <hvm•r or his author-
ized represanlative at muluolly um:c•n,rnt times,
ARTICLE B
TERMINATION Or AGREI-MINT
This Agreement map be lorminated by either party upon
seven clav� written notice should the other party fail
substantially to perfn;m in accordonce with its trrnts
through no fault of the other. In the went of termination
due to the fault of others than the Architect. the Archi-
tect shall be paid his compensatinn for services per-
formed to termination (late, inducEnl; P.cimbursable Ex-
penses then due and all terminal expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service
are and shall remain the property of the Architect whether
the Project for which they are made is executed or not.
They are not to be used by the Owner on other projects
or extensions to this Project except by agreement in writ-
ing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his
partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other
party with respect to all covenants of this Agreement.
Neither the Owner nor the Architect shall assign, sublet
or transfer his interest in this Agreement without the
written consent of the other.
7
ARTICLE: 11
ARBITRATION
11.1 All claims, disputes and other matters in question
arising out of. or relating, to, this Agreement or the
breach Ihereof shall he decided by a rbilrlion in accord-
ance with the Conc:ruciion Industry ArNirtinn ROO of
the Amrric.m Arbitration Association then ohtaining, un-
less the pa'iles mutually a,,rce otherr:!se. This agreement
to arbitrate diall br specifically enforceable under the
prevailing, a rhitralion law.
11.2 Notice of the demand for arbitration shall he filed
in writing with the other party to this Agreement and
with the r\n;erican Arbitration Association. The demand
shall be rnacle within a reasonable time after the claim.
dispute or other matter in question has arisen. In no
event shall the demand for arbitration be made after the
date when institution of legal or equitable proceedings
based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may
be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be gm-
erned by the law of the principal place of business of the
rchitecL
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This Agreement executed the day and year first written above.
OWNER FIVE FLAGS CENTER FUND ARCHITECT CULLEN-S�CHILTZ &ASSOCIATES, P. C.
By
K..,J.LCullen, P.E. 'Presiden
z
1 UOCK1 Lill
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CULLEN-SCHILTZ & ASSOCIATES, INC.
2345 Kennedy Road, P.O. Box 1090, Dubuque, Iowa 52001
March 27, 1973
ATTACHMENT I -A TO OWNER -ARCHITECT AGREEMENT FOR FIVE FLAGS CIVIC CENTER
1. Any cost beyond original construction estimate caused by "increased scope" - 6%.
2. Owner's special consultants to provide complete drawings and specifications
to architect for any "soft" equipment, if desire to incorporatein entire contract.
Soft equipment is that which is moveable or can be simply "plugged in" by
Owner. Architect receives no fee.
3. Acoustical and lighting consultants to provide drawings, specifications, etc.
to architect for bid purposes. Architect receives fee for "hard" equipment;
i.e., "fixed" equipment.
4. Architect to receive reimbursement for excessive time spent in consultation
with Owner's special consultants on an hourly basis at the direction of the
Owner's Executive Committee. Special Consultants shall be those for renovation,
multi -media facility, and stage in Orpheum. Excessive time shallny time Pc� Toc�
beyond eightmeetings it the Owner's Consultants. qi� ,ry 15
5. Renovation work consist c� Gla ez h�G,� �,!.
!I
a. Restoration of exterior walls and roof.
b. Connecting theater to community use building.
c. Re -vamping plumbing, heating, ventilating, air conditioning, and electrical.
Stage lighting by Owner's Consultant.
d. Re-establish orchestra pit.
e. Enlarge stage at direction of consultant.
6. Stage lighting and control thereof designed by Owner's Consultant.
7. Interior decorating and seating to be done by Owner's Consultant for theater
restoration and in consultation with the Architect.
8. Restoration consultant to provide adequate and timely information to architect
for incorporation into scope of service.
9. Extra service shall include: .
a. Work precipitated by Owner's change in scope during or between the defined
phases of work, i.e., schematic, preliminaries, working drawings, etc.
b. Development of "as built" drawings necessary for completion of work in and
around the Orpheum.
10. Architect shall set forth for approval a prograii to fit the present budget.
it ; a "
CULLEN-SCHILTZ & ASSOCIATES, INC.
2345 J. F. Kennedy Road - P. 0. Box logo
Dubuque, Iowa 52001
March 27, 1973
ATTACHMENT I-B TO OWNER -ARCHITECT AGREEMENT FOR FIVE FLAGS CIVIC CENTER
Principal
Project Engineer/Architect
Engineering/Architectural Designer
Engineering/Architectural Technician
Engineering/Architectural Draftsman
Secretarial
$30.00/hour
$23.00/hour
$16.50/hour
$14.00/hour
$12.00/hour
$ 6.75/hour