1963-05A STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ARCHITECT
On a Percentage Basis Including Engineering Services
Copyright 1958, @ 1961 by The American Institute of Architects, 1735 New York Ave., N.W., Washington 6, D. C.
T HIS A G R E E MEN T made as of the twelth day of September
in the year Nineteen Hundred and Sixty-three by and between
City of Clermont, Florida
herein after called the Owner and
Hill Stiggins, AIA,729 North Thornton Avenue
Orlando, Florida
hereinafter ca!led the Architect,
WITNESSETH, that whereas the Owner intends to have constructed a new police
station and fire station located on the property situated at
the Northeast corner of West Avenue and DeSoto Street,
Clermont, Florida,
herein after called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter set forth agree as
follows:
A The Architect agrees to perform professional services for the above Project as hereinafter set forth.
B The Owner agrees to pay the Architect as compensation for his services:
1) For his basic services six percent (6%) of the project construction cost,
and directed shall be agreed to by the Owner and the
Architect and set forth in an exhibit to this Agreement.
II Extra Services of the Architect
The following services, if performed due to unusual circum-
stances, cause the Architect extra expense, and shall be paid
for by the Owner as a Multiple of Direct Personnel Expense:
Revising previously approved drawings or specifications to
accomplish changes ordered by the Owner.
Preparing documents for alternate bids and change orders
requested by the Owner.
Consultation concerning replacement of any work damaged
by fire or other cause during construction and furnishing
professional services of the types set forth in paragraph C I
above as may be required in connection with the replacement
of such work.
Arranging for the work to proceed should the contractor
default due to delinquency or insolvency.
III THE OWNER'S RESPONSIBILITIES
The Owner shall provide full information as to his require-
ments for the Project.
2 He shall designate, when necessary, representatives author-
ized to act in his behalf. He shall examine documents sub-
mitted by the Architect and render decisions pertaining
thereto promptly, to avoid unreasonable delay in the prog-
ress of the Architect's work. He shall observe the procedure
of issuing orders to contractors only through the Architect.
3 He shall furnish or direct the Architect to obtain at the
Owner's expense, a certified survey of the site, giving, as
required, grades and lines of streets, alleys, pavements, and
adjoining property; rights of way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries, and
contours of the building site; locations, dimensions, and
complete data pertaining to existing buildings, other im-
provements and trees; full information as to available serv-
Ice and utility lines both public and private; and test bor-
ings and pits necessary for determining subsoil conditions,
4 He shall pay for structural, chemical, mechanical, soil me-
chanics or other tests and reports if required,
5 He shall arrange and pay for such legal and auditing serv-
ices as may be required for the Project.
6 If the Owner observes or otherwise becomes aware of any
defect in the Project, he shall give prompt written notice
thereof to the Architect.
IV PROJECT CONSTRUCTION COST
Project construction cost as herein referred to means the
total cost of all work designed or specified by the Architect,
but does not include any payments made to the Architect
or consultants.
2 Project construction cost shall be based upon one of the
following sources with precedence in the order listed:
a) Lowest acceptable bona fide Contractor's proposal re-
ceived for any or all portions of the Project.
b) Estimate of project construction cost as defined in para-
graph 4 below.
c) The Architect's latest statement of probable project con-
struction cost based on current area, volume or other unit
costs.
3 When labor or material is furnished by the Owner, the
project construction cost shall include such labor and
material at current market cost.
4 If a fixed limit of project construction cost is stated herein,
or if otherwise authorized by the Owner, estimates of the
project construction cost prepared in semi-detailed or de-
tailed form by an experienced estimator will be secured by
the Architect during the Design Development or Construc-
tion Documents Phase.
5 If the estimated project construction cost or the lowest
bona fide proposal is in excess of any limit stated herein,
the Owner shall give written approval of an increase in
the limit, or he shall cooperate in revising the project
scope or quality, or both, to reduce the cost as required.
6 Since the Architect has no control over the cost of labor
and materials, or competitive bidding, he does not guarantee
the accuracy of any statements or estimates of probable
construction cost.
V THE ARCHITECT'S EXPENSE
Direct Personnel Expense includes that of principals and
employees engaged on the Project including architects,
engineers, designers, job captains, draftsmen, specification
writers, typists and Project Representatives, in consultation,
research, designing, producing drawings, specifications and
other documents pertaining to the Project, and services dur-
ing consirllction at the Project site. Employees' time shall
be at their regular rates of pay.
2 Reimbursable Expense includes actual expenditures made
by the Architect. in the interest of the Project for the
following incidental expenses.
a) reproduction of drawings
and specifications, excluding' copies for Architect's office
use and duplicate sets at each phase for the Owner's review
and approval; and fees paid for securing approval of
authorities having jurisdiction over the Project.
b) If authorized in advance by the Owner, the expense
of Project Representative, overtime work requiring higher
than regular rates, semi-detailed and detailed estimates of
project construction cost, perspectives or models for the
Owner's use.
c) If their employment is authorized in advance by the
Owner, fees of special consultants, for other than the
normal structural, mechanical and electrical engineering
services,
VI PAYMENTS TO THE ARCHITECT
Payments on account of the Architect's basic services shall
be as. follows:
a) A primary payment of 5 per cent of the compensation
for basic services, payable upon the execution of the Agree-
ment, is the minimum payment under the Agreement.
b) Subsequent payments shall be made monthly in pro-
hereinafter referred to as the Basic Rate, the work to be let under a single lump sum contract. For work
let on a cost - plus -fee basis, increase the Basic Rate to seven per cent ( 7 %)•
For work let under separate contracts, increase the Basic Rate to e_ight per cent ( 8 70)•
2) For extra services defined in Article II hereinafter, the Owner agrees to pay the Architect
three ( 3 ) times the Direct Personnel Expense as defined in Article V hereinafter
including principals' time at $ _ 15, per hour.
3) Reimbursable expense as defined hereinafter in Article V to the amount expended.
C The parties hereto further agree to the following conditions:
BASIC SERVICES OF THE ARCHITECT 4 Construction Phase— Ceneral Administration of
y Construction Contracts
1 Schematic Design Phase a) The Architect shall assist the Owner in obtaining pro-
a) The Architect shall consult with the Owner to ascertain posals from Contractors and in awarding and preparing
construction contracts. To the extent provided by the con -
the requirements of the Project and shall confirm such tract between the Owner and the Contractor, he shall make
requirements to the Owner. decisions on all claims of the Owner and Contractor and
b) He shall prepare schematic design studies leading to a on all other matters relating to the execution and progress
recommended solution together with a general description of the work or the interpretation of the Contract Documents.
of the Project for approval by the Owner. b) He shall check and approve samples, schedules, shop
c) He shall submit to the Owner a statement of the prob- drawings and other submissions only for conformance with
able project construction cost based on current area, volume the design concept of the Project and for compliance with
or other unit costs. the information given by the Contract Documents, prepare
change orders and assemble written guarantees required of
2 Design Development Phase � - the Contractors.
a) The Architect shall prepare from the approved schematic c) The Architect will make periodic visits to the site to
design studies, the design development documents consisting familiarize himself generally with the progress and quality
of plans, elevations and other drawings, and outline specifi- of the work and to determine in general if the work is pro -
cations, to fix and illustrate the size and character of the ceeding in accordance with the Contract Documents. He
entire Project in its essentials as to kinds of materials, type will not be required to make exhaustive or continuous on-
of structure, mechanical and electrical systems and such site inspections to check the quality or quantity of the work
other work as may be required. and he will not be responsible for the Contractors' failure
b) He shall submit to the Owner a further statement of to carry out the construction work in accordance with the
the probable project construction cost and, if authorized by Contract Documents. During such visits and on the basis
the Owner, obtain a semi - detailed estimate of such cost. of his observations while at the site, he will keep the
Owner informed of the progress of the work, will endeavor
3 Construction Documents Please to guard the Owner against defects and deficiencies in the
work of Contractors, and he may condemn work as failing
a) The Architect shall prepare from the approved design to conform to the Contract Documents. Based on such
development documents, working drawings and specifica- observations and the Contractors' Applications for Payment,
tions setting forth in detail and prescribing the work to be he will determine the amount owing to the Contractor and
done, and the materials, workmanship, finishes, and equip- will issue Certificates for Payment in such amounts. These
ment required for the architectural, structural, mechanical, Certificates will constitute a representation to the Owner,
electrical, service - connected equipment, and site work, and based on such observations and the data comprising the
the necessary bidding information, General Conditions of Application for Payment, that the work has progressed to
the Contract, and Supplementary General Conditions of the the point indicated. By issuing a Certificate for Payment,
Contract, and shall assist in the drafting of proposal and the Architect will also represent to the Owner that, to the
contract forms. best of his knowledge, information and belief based on
b) He shall keep the Owner informed of any adjustments what his observations have revealed, the quality of the work
to previous statements of the probable project construction is in accordance with the Contract Documents. He will
cost indicated by changes in scope, requirements or market conduct inspections to determine the dates of substantial and
conditions. final completion and issue a final Certificate for Payment.
c) The Architect shall be responsible for filing the required d) if more extensive representation at the site is required,
documents to secure approval of governmental authorities the conditions under which such representation shall be
having jurisdiction over the design of the Project. furnished and a Project Representative selected, employed
portion to services performed to increase the compensation seven days' written notice should the other party fail sub -
for basic services to the following percentages at the com- stantially to perform in accordance with its terms through
pletion of each phase of the work: no fault of the other. In the event of termination, due to
' "
1 Schematic Design Phase 15% ' ' the fault of others than the Architect, the Architect shall be
2 che n Development Phase 35% n .► paid for services performed to termination date, including
g P ' °' reimbursements then due, plus terminal expense.
3 Construction Documents Phase._ 75%
4 Receipt of Bids 80% IX OWNERSHIP OF DOCUMENTS
5 Construction Phase 100%
2 Payments for extra services of the Architect as defined in Drawings and specifications as instruments of service are
Article II above, and for Reimbursable Expense as defined the property of the Architect whether the Project for which
in Article V, paragraph 2, shall be made monthly upon they are made be executed or not. They are not to be
presentation of Architect's detailed invoice. used on other projects except by agreement in writing.
3 No deduction shall be made from the Architect's compen-
sation on account of penalty, liquidated damages, or other X SUCCESSORS AND ASSIGNS
sums withheld from payments to contractors.
4 If any work designed or specified by the Architect during
any phase of service is abandoned or suspended in whole or The Owner and the Architect each binds himself, his part-
in part, the Architect is to be paid for the service per- ners, successors, assigns and legal representatives to the
formed on account of it prior to receipt of written notice other party to this Agreement and to the partners, suc-
from the Owner of such abandonment or suspension, to cessors, assigns and legal representatives of such other party
gether with reimbursements then due and any terminal in respect of all covenants of this Agreement. Neither the
expense resulting from abandonment or suspension for Owner nor the Architect shall assign, sublet or transfer his
more than three months. interest in this Agreement without the written consent of
the other.
VII ACCOUNTING RECORDS OF THE ARCHITECT
XI ARBITRATION - _ --
Records of the Architect's Direct Personnel, Consultant, - - — — -
and Reimbursable Expense pertaining to this Project and Arbitration of all questions in dispute under this Agreement
records of accounts between the Owner and Contractor shall shall be at the choice of either party and shall be in accord -
be kept on a generally recognized accounting basis and ance with the provisions, then obtaining, of the Standard
shall be available to the Owner or his authorized repre- Form of Arbitration Procedure of The American Institute
sentative at mutually convenient times. of Architects. This Agreement shall be specifically enforce-
able under the prevailing arbitration law and judgment upon
VIII TERMINATION OF AGREEMENT the award rendered may be entered in the court of the
forum, state or federal, having jurisdiction. The decisions
of the arbitrators shall be a condition precedent to the
This Agreement may be terminated by either party upon right of any legal action.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written.
Owner City of Clermont Florida Architec - 7 gins . F-
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