1999-26
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Doel 99027656
-ook: 1 703
~ages: 240 - 241
Filed & Recorded
04/02/99 02:31:31 P"
¡AIlES C. WATKINS
ClERK OF CIRCUIT COURT
LAKE COUNTY
RECORDING $
TRUST FUND $
DEED DOC STA"P $
9.00
1.50
0.70
Prepared By and Rcttlll, T&'>.
William A. Beckett, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Orlando, Florida 3280 I
Book 1703
Page 240
TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT
THIS TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT (the
"Termination") is made and entered into as of the 1ft, day of J1ø..r"c.A , 1999, by CITY
OF CLERMONT, a Florida municipal corporation (the "City"), P.O. Box 120219, Clermont, FL 34712
WIT N E SSE T H: ;.0. Box 3809, Orlando, FL 32802
WHEREAS, the City and Maynard K. Knapp, Trustee ("Knapp") entered into that certain
Utilities Easement dated February 10, 1998 and recorded March 9, 1998 in Official Records Book
1590, Page 627 of the Public Records of Lake County, Florida (the "Utilities Easement"); and
WHEREAS, the Utilities Easement provides for a temporary construction easement over
and across a ten (10) foot strip of land located immediately east and adjacent to the easement area
more particularly described therein (the "Temporary Easement Area"); and
WHEREAS, under the terms of the Utilities Easement, the temporary construction
easement granted therein shall expire thirty (30) days after the termination of construction upon
the Temporary Easement Area; and
WHEREAS, the City has terminated any and all construction upon the Temporary
Easement Area more than thirty (30) days prior to the date hereof; and
WHEREAS, the City has agreed to execute this Tennination to confinn that the temporary
construction easement reserved in the Utilities Easement is terminated and is no longer of any
force or effect.
NOW, THEREFORE, in consideration of the premises hereof and of other good and
valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the City
hereby agrees as follows:
1. Incorporation of Recitals: The foregoing recitals are true and correct and are
hereby incorporated into this Termination.
2. Termination of Temporaty Construction Easement: The temporary construction
easement reserved in the Utilities Easement is hereby terminated, and is no longer of any force
or effect.
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Page 241
3. Miscellaneous: Except as amended hereby, the Utilities Easement and all covenants,
rights and obligations thereunder shall remain in full force and effect, shall continue to run with
the title to the property described therein, and may not be further amended except by an
instrument in writing signed by the party to be bound. The headings set forth in this Termination
are for convenience only and shall not be construed to expand or limit the interpretation or effect
of any term, covenant or condition hereof.
IN WITNESS WHEREOF, the party hereto has executed this Termination in manner and
form sufficient to bind it as of the day and year first above written.
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CITY OF CLERMONT, a municipal
corporation
By:
Name:
Its:
~
Harold S. Turville, Jr.
Mayor
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(Primed Name) Ann Wh it lock
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this 9th day of March,
1999 by Harold S. Turville"a~r. Mayor of CITY OF CLERMONT,
a municipal corporation. He/8I!æ is personally known to me ~X~XXIi~
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(NOTARY SEAL)
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NOTARY SI~ÞìJU~m S. WHITLOCK
~"å . f:" C¡¡MMiSSION # CC 556092
\.~' {§ I "'~-~Áu2000
PRINTED N ofi'R l' šro~., INC.
Notary Public, State of
Commission Number:
My Commission Expires:
152695
2
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A MER I C 8N
INSTITUTE
.F
ARC HIT E C T S
I
AlA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CO.\7SULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the ':d1ird
Nineteen Hundred 2nd Ninety-Nine.
d2yof
March
in the year of
BETWEEN the Ov.'ner:
(Same and address)
City of Clernort:
One Westgate Plaza
Cle:mDnt, Florida 34712
and the Architect:
(."a7lIe and address)
C.T. I.fsu + Associates, P.A.
820 IJ:ma. Averme
Orlando, Florida 32803
For the follov.7ing Project:
(/7Idude d.etailed d.escripzion OJ Project, location, address aM scope.)
A new City Hall facility to be located in the City of Clenoont Florida
at a site.m be detennined. The srope of the City Hall to be determined
during a .space needs assessment investigation.
, ,
The Owner 2nd Architect agree as set fonh b.eJow.
Cop)'risht 1917, 1926, 1948, 1951, 19~3, 1958, 1961, 1963, 1966, 1967j 1970,19;4, 1977, ~1987 by The American Institute
of ArchiteCtS, 1;35 New York Avenue, N.W., 'Washington, D.C. 20000. ReproduCtion of the tmltcrial herein or subSW1ual
quotation of ItS pro,'lsions ",,¡thout ""rineD permission of the AlA ,'iolalcs the cop"righll:il""S of the Unlled StalCS and ""W be
subjeCt 10 legaJ prosecution. " .
AlA DOCUMENT B'.' . O"n\"EJI.AROUTECT AGREEMDo"T. FOl:1lTEDo'TH EDmON. AlA- . C>1987
THE AMERICA!' J \'STJTL:"TE OF AROilTECTS, I i3S "'TW YORK AVENUE. NoW., 'It'ASHINGTON, D.C. 20006
8141.1987 1
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The ArchiteCt's services consist of those services per-
formed by the Architect, ArchiteCt's employees and Architect's
consultants as enumerated in Anides 2 and 3 of this Agreement
and any other services induded in Anide 12.
1.1.2 The Architect's services shall be perfonned as expedi-
tiously as is consistent with profession21 skill and care and the
orderly progress oCthe Work, Upon request of the Owner, the
Architect sh2ll submit for the Owner's approval a schedule for
the performance of the ArchiteCt's services which may be
adjusted as the ProjeCt proceeds, and shall indude aJJowances
for periods of time required for the Owner's review and for
approval of submissions by authorities ha\'ing jurisdiCtion over
the Project. Time limits established by this schedule approved
by the Owner shaD not, except for ~le cause, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subjeCt to
the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.2 through 2.6 and any other services identified
in Anide 12 as pan of Basic Services, and indude normal struc-
tural, mechanical and electrical engineering services.
2.2 SCHEMA TIC DESIGN PHASE
2.2.1 The ArchiteCt shall review the program furnished by the
Owner to ascenain the requireme:nts of the Project and shall
arrive at a mutUal understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, schedule and construction budget
requirements, each in tenDS of the other, subjeCt to the limita-
tions set fonh in Subparagraph 5.2.1.
2.2.3 The Architect sha1J review with the Owner alternative
approaches to design and construCtion of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule
and construCtion budget requirements, the Architect sha1J
prepare, for approval by the Owner, Schematic Design Docu-
ments consisting of drawings and other documents illustrating
the scale and relationship of ProjeCt components.
2.2.5 The Architect shaJI submit to the Owner a preliminary
estimate of ConstruCtion COSt based on current area, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3,1 Based on the approved Schematic Design Documents
and any adjustments authOrized by the Owner in the program,
schedule or construction budget, the Architect shaJJ prepare,
for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe
the size and charaCter of the ProjeCt as to architectural, struc-
tural, mechanical and electrical systems, materials and su~
other elements as may be appropriate.
2.3.2 The Architect shaJJ advise the Owner of any adjustments
to the preliminary estimate of ConstruCtion Cost.
2,4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any funher adjustments in the scope or quality of
the Project or in the construction budget authOrized by the
Owner, the ArchiteCt shall prepare, for approval by the Ov.'I1er,
Construction Documents consisting of Drawings and Specifica-
tions setting fonh in detail the requirements for the construc-
tion of the ProjeCt.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information, bidding fonDS, the Condi-
tions of the ContraCt, and the fonn of Agreement betWeen the
Owner and ContraCtor.
2,4,3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of ConstruCtion Cost indi-
cated by changes in requirements or general market conditions.
2,4,4 The ArchiteCt shall assist the Owner in connection with
the Owner's responsibility for filing documents required for
the approval of governmental authorities having jurisdiCtion
over the ProjeCt.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
ConstruCtion Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts fo~ construction.
2.6
CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6,1 The Architect's responsibility to provide Basic Services
, for the Construction Phase under this Agreement commences
with the award of the Contract for Construction and termi-
nates at the earlier of the issuance to the Owner of the final
Cenificate for Payment or 60 days after the date of Subsran-
tial Completion of the Work.
2.&.2 The ArchiteCt shall provide administration of the Con-
traCt for Construction as set fonh below and in the edition of
AlA Document A201, General Conditions of the ContraCt for
Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.&.3 Duties, responsibilities and limitations of authority of the
ArchiteCt shall nOt be restriCted, modified or extended without
written agreement of the Owner and ArchiteCt with consent of
the ContraCtor, which consent shall not be unreasonably
withheld.
AlA DOCUMENT 1141 . OWNER.ARCHITECT AGREEMEJ\'T . FOURTEENTH EDITION. .0.1.0.- . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 J\'E"œ' YORK AVENUE. N,W., WASHINGTON. D.C, 20006
B141-1987
2
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2.6,4 The ArchiteCt shall be a representative of and shall advise
and consult with the Owner (I) during construction until fmal
payment to the ContraCtor is due, and (2) as an Additional Ser.
vice at the Owner's direction from time to time during the cor-
rection period described in the Contract for Construction. The
ArchiteCt shall have authority to aCt on behalf of the Owner
only to the extent provided in this Agreement unless otherwise
modified by written instrument.
2.6.5 The Architect shall visit the site at inten'aJs appropriate
to the stage of construction or as otherwise agreed by the
Owner and Architect in writing to become generally familiar
with the progress and quality of the Work completed and to
detennine in general if the Work is being perfonned in a man-
ner indicating that the Work when completed will be in accor-
dance with the ContraCt DocumentS. However, the Architect
shall not be required to make exhaustive or COntinuous on-site
inspections to check the quality or quantity of the Work. On
the basis of on-site observations as an architect, the ArchiteCt
shall keep the Owner infonned of the progress and quality of
the Work, and shall endeavor to guard the Owner against
defects and defidendes in the Work. (More extensive site
representation may be agreed to as an Additional Service, as
described in Paragraph 3.2.)
2.6.6 The ArchiteCt shall not have control over'or charge of
and shall not be responsible for COnstruction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in conneCtion with the Work, since these are
solely the Contractor's responsibility under the Contract for
ConstruCtion. The ArchiteCt shall not be responsible for the
ContraCtor's schedules or failure to carry out the Work in accor-
dance with the ContraCt DocumentS. The Architect shall not
have conuol over or charge of acts or omissions of the Contrac-
tor, SubcontraCtors, or their agentS or employees, or of any
other persons perfOrming ponions of the Work.
2.6.7 The Architect shall at all times have access to the Work
wherever it is in preparation or progress.
2,6.8 Except as may otherwise be provided in the ContraCt
DocumentS or when direct communications have been spe-
dally authorized, the Owner and ContraCtor shall communicate
through the ArchiteCt. Communications by and with the Archi-
teCt's consultantS shall be through the Architect.
2.6.9 Based on the ArchiteCt's observations and evaluations of
the ContraCtor's Applications for Payment, the Architect shall
revie'V\,' and certify the amountS due the Contractor.
2.6.10 The Architect's certification for payment shall consti-
tute a representation to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 2.6.5 and
on the data comprising the ContraCtor's Application for Pay-
ment, that the Work has progressed to the point indicated and
that, to the best of the ArchiteCt's knowledge, infotTJ12tion and
belief, quality of the Work is in accordance with the ContraCt
DocumentS. The foregoing representations are subject to an
evaluation of the Work for confonnance with the ContraCt
DocumentS upon Substantial Completion, to resultS of subse-
quent testS and inspections, to minor deviations from the Con-
traCt DocumentS correctable prior to completion and to spe-
cific qualifications expressed by the Architect. The issuance of a
Cenificate for Payment shall funher constitute a representation
that the Contractor is entitled to payment in the amount ceni-
fled. However, the issuance of a Cenificate for Payment shall
nOt be a representation that the ArchiteCt has (1) made exhaus-
tive or COntinuous on-site inspeCtions to check the quality or
.
quantity of the Work, (2) reviewed construction means, meth-
ods, techniques, sequences or procedures, (3) re"iewed Copies
of requisitions received from Subcontractors and material sup-
pliers and other data requested by the Owner to substantiate
the ContractOr's right to payment or (4) ascertained how or for
""'hat purpose the Contractor has used money previously paid
on account of the ContraCt Sum.
2,6,11 The ArchiteCt shall have authority to reject Work 'V\,"hich
does not confonn to the ContraCt DocumentS. Whenever the
Ardlitect considers it necessary or advisable for implementa-
tion of the intent of the ContraCt DocumentS, th~ ArchiteCt will
have authOrity to require additional inspection or testing of the
Work in accordance with the provisions of the ContraCt Docu-
mentS, whether or not such Work is fabricated, installed or
completed. However, neither this authOrity of the ArchiteCt nor
a decision made in good faith either to exercise or not to exer-
cise such authority shall give rise to a duty or responsibility of
the Architect to the ContraCtor, Subcontractors, material and
equipment suppliers, their agentS or employees or other per-
sons perfonning ponions of the Work.
2.6,12 The ArchiteCt shall review and approve or take other
appropriate action upon ContraCtor's submittals such as Shop
Dra""'ings, Product Data and Samples, but only for the limited
purpose of checking for confonnance with infonnation given
and the design concept expressed in the COntraCt DocumentS.
The Architect's action shall be taken with such reasonable
promptness as to cause no deJay in the Work or in the con-
struCtion of the Owner or of separate ContraCtors, while allow-
ing sufficient time in the Architect's professional judgment to
pennit adequate review. Review of such submittals is not con-
duCted for the purpose of detennining the accuracy and com-
pleteness of other details such as dimensions and quantities or
for substantiating instructions for installation or perfonnance of
equipment or systems designed by the ContraCtor, all of which
remain the responsibility of the ContraCtor to the extent
required by the ContraCt DocumentS. The Architect's review
shall not constitUte approval of safety precautions or, unless
othern'ise spedficaJJy stated by the ArchiteCt, of construction
means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
When professional cenitication of perfonnance charaCteristics
of materials, systems or equipment is required by the Contract
DocumentS, the ArchiteCt shall be entitled to rely upon such
cenification to establish that the materials, systems or equip-
ment will meet the perfonnance criteria required by the Con-
traCt DocumentS.
2.6.13 The ArchiteCt shall prepare Change Orders and Con-
struction Change Directives, with supponing docwnentation
and data if deemed necessary by the ArchiteCt as provided in
Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and
execution in accordance with the ContraCt DocumentS, and
may authorize minor changes in the Work not involving an
adjustment in the ContraCt Sum or an eXtension of the ContraCt
Time which are not inconsistent with the intent of the ContraCt
DocumentS.
2.6,14 The Archirect shall conduct inspections to determine
the date or dates of Substantial Completion and the date of fU1al
completion, shall receive and forward to the Owner for the
O",,'ner's re"iew and records written warranties and related
documents required by the Contract DocumentS and assem-
bled by the Contractor, and shall issue a final Cenificate for Pay-
ment upon compliance with the requirementS of the ContraCt
DocumentS.
3
8141-1987
AlA DOCUMENT B141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDmON. AlA- . @198-
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D,C, 20006
. ,
.
2.6.15 The ArchiteCt shall imerpret and decide maIlers con-
cerning performance of the Owner and Contractor under the
requirementS of the ContraCt DocumentS on wrinen request of
either the Owner or Contractor. The ArchiteCt's response to
such requestS shall be made with reasonable promptness and
within any time limitS agreed upon.
2.6,16 Imerpretations and dedsions of the Architect shall be:
consistem with the intent of and reasonably inferable from the
ContraCt DocumentS and shall be in writing or in the fonn of
drawings. When making such interpretations and initial deci-
sions, the Architect shall endeavor to secure faithful perfor-
mance by both Owner and ContraCtor, shall not show panial.ity
to either, and shall not be: liable for resultS of interpretations or
decisions so rendered in good faith.
2.6,17 The Architect's decisions on matters relating to aesthe-
tic effect shall be: fmal if consistent with the intem expressed in
the ContraCt DocumentS.
2.6,18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other maIlers in ques-
tion between the Ov.-ner and ContraCtor relating to the execu-
tion or progress of the Work as provided in the Comract
DocumentS.
2.6.19 The Architect's decisions on claims. disputes or other
maners, including those in question between the Owner and
ContraCtor, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6.17, shall be: subject to arbitration as
provided in this Agreement and in the Comract DocumentS.
ARTICLE 3
ADDITIONAL SERVICES
3,1 GENERAL
3.1.1 The services described in this Anicle 3 are not included
in Basic Services unless so identified in Anicle 12, and they shall
be paid for by the Owner as provided in this Agrec:ment, in
addition to the compensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be: provided
if authorized or confmned in writing by the Owner. If services
described under Contingent Additional Services in Paragraph
3.3 are required due to circumstances beyond the Architect's
comrol, the Architect shall notify the Owner prior to com-
mencing such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or pan of such Contingent Addi-
tional Services are not required, the Architect shall have no obli-
gation to provide those services.
3.2
PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the ArchiteCt shall
provide one or more Project Representatives to assist in carry-
ing out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and
direCted by the ArchiteCt, and the ArchiteCt shall be: compen-
sated therefor as agreed by the Owner and ArchiteCt. The
duties, responsibilities and limitations of authority of ProjeCt
Representatives shall be as described in the edition of AlA
Documem B352 currem as of the date of this Agreemem, unless
Othern'ise agreed.
.
3.2.3 Through the observations by such ProjeCt Represen.
tatives, the ArchiteCt shall endeavor to provide funher prOtec-
tion for the Owner against defectS and deficiencies in the Work,
but the furnishing of such projeCt representation shall nOt
modify the rightS, responsibilities or obligations of the Architect
as described elseVo'here in this Agreemem.
3.3
CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other
documentS when such revisions are:
.1 inconsistem with approvals or instructions previously
given by the Owner, including revisions made neces-
sary by adjustmentS in the Owner's program or Proj-
eCt budget;
.2 required by the enacunem or revision of codes, IaVo's
or regulations subsequent to the preparation of such
documentS; or
.3 due to changes required as a result of the Owner's fail-
ure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the ProjeCt including, but not limited to, size, qual-
ity, complexity, the Owner's schedule, or the method of bid-
ding or negotiating and comracting for construction, except for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other documen-
tation and supponing data, e\oaJuating ContraCtor's proposals,
and providing other sen'ices in conneCtion with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substi-
tutions proposed by the Contractor and making subsequem
revisions to Drawings, Spedfications and other documentation
resulting therefrom.
3.3.5 Providing consultation concerning replacc:mem of Work
damaged by fae or other cause during construction, and fur-
nishing services required in connection with the replacc:mem
of such Work.
3.3.6 Providing sen'ices made necessary by the default of the
ContractOr, by major defeCtS or deficiencies in the Work of the
ContraCtor, or by failure of perfonnance of either the Owner or
Contractor \Jnder the ContraCt for Construction.
3,3.7 Providing services in evaluating an extensive number of
claims submitted by the ContraCtor or others in connection
with the Work.
3.3.8 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documentS for alternate, separate or sequential
bids or providing services in connection with bidding, negotia-
tion or construction prior to the completion of the Construc-
tion DocumentS Phase.
3,4 OPTIONAL ADDITIONAL SERVICES
3,4,1 Providing analyses of the OVo'ner's needs and program-
ming the requirementS of the Project.
3,4.2 Providing fmancial feasibility or Other special studies.
3,4,3 Providing planning surveys, site evaluations or com-
parative studies of prospective sites.
AlA DOCUMENT 8'.' . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA- . @1987
THE AMERICAN INSTlTtJTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N,'W., 'WASHINGTON. D.C, 20006
8141.1987
4
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.
3,4,4 Providing special surveys, environmental studies and
submissions required for :approvals of governmental :authorities
or others having jurisdiction over the Project.
3.4.5 Providing services relative to future f:acilities, systems
and equipment.
3.4,6 Providing services to investigate existing conditions or
f:acilities or to m:ake measured dt2wings thereof.
3.4.7 Providing services to verify the :aCCUt2cy of dt2"'ings or
other information furnished by the Owner.
3,4,8 Providing coordin:ation of construction perfonned by
separate COntt2Ctors or by the Owner's own forces and coordi-
n:ation of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of:a con-
struction manager or separate consultants retained by the
O""ner.
3,4,10 Providing det:ailed estimates of Construction Cost.
3.4,11 Providing detailed quantity surveys or inventories of
m:aterial, equipment and labor.
3.4,12 Providing :analyses of o""ning and opet2ting costs.
3,4,13 Providing interior design and other simil:ar services
required for or in connection with the selection, procurement
or inst:all:ation of furniture, furnishings and rel:ated equipment.
3,4,14 Providing services for planning tenant or rental sp:aces.
3.4.15 Making investigations, inventories of materials or equip-
men, or valuations and det:ailecl appt2isals of existing facilities.
3.4.16 Preparing:a set of reproducible record dt2'111.'ings sho'lll.'-
ing significant changes in the Work made during construction
based on m:arked-up prints, dt2wings and other data furnished
by the Contt2ctor to the Architect,
3,4,17 Providing assistance in the utilization of equipment or
systems such as testing, :adjusting and balancing, preparation of
opet2tion and m:aintenance manuals, training personnel for
opet2tion and m:aintenance, and consultation during opet2tion.
3.4.18 Providing services after issuance to the Owner of the
fmal Cenificate for Pavment, or in the absence of a fmal Cer-
tificate for Payment, more: than 60 days after the date of Sub-
stantial Completion of the Work.
3,4,19 Providing services of consultants for other than :archi-
tectural, structural, mechanical and electric:al engineering por-
tions of the Project provided as :a pan of Basic Services.
3.4.20 Providing any other services not othern'ise included in
this Agreement or not custOmarily furnished in accordance
'III.'ith gener:ally :accepted :architectural pt2ctice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner sh:all provide full information regarding
requirements for the Project, including :a program which sh:all
set fonh the Owner's objectives, schedule, constraints and cri-
teri:a, including sp:ace requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements.
.
4,2 The O'lll.'ner shall establish and update an overall budget for
the Project, including the Construction Cost, the O""ner's other
costs and reason:able COntingencies rel:ated to all of these costs.
4.3 If requested by the Architect, the Owner sh:all furnish evi-
dence that fmancial :arrangements h:ave been m:ade to fulf1l! the
O'lll.'ner's oblig:ations under this Agreement.
4.4 The Owner shall designate :a representative :authorized to
act on the Owner's beh:alf with respect to the Project. The
Owner or such :authorized representative shall render decisions
in a timely manner pen:aining to documents submitted by the
Architect in order to :avoid unreason:able delay in the orderly
and sequential progress of the Architect's services.
4,5 The O'lll.'ner shall furnish sut\'eys describing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site. The
surveys and legal information shall include, as applicable,
gt2des and lines of streets, :alleys, p:avementS and :adjoining
propeny and structures; adj:acent drainage; rightS-of-w:ay,
restrictions, easements, encroachments, zoning, deed restric-
tions, boundaries and contours of the site; locations, dimen-
sions and necessary data pertaining to existing buildings, other
improvements and trees; and inform:ation concerning :av:ailable
utility services and lines, both public and priv:ate, above :md
below gt2de, including invens and depths. All the inform:ation
on the survey shall be referenced to a project benchm:ark.
4,6 The Owner shall furnish the set\'ices of geotechnical engi.
neers when such services :are requested by the Architect. Such
set\'ices m:ay include but are not limited to test borings, test
pits, determinations of soil bearing values, percolation tests,
ev:aluations of hazardous materials, ground corrosion and resis-
tivity tests, including necessary opet2tions for anticip:ating sub-
soil conditions, with repons and appropri:ate professional
recommendations.
4.6,1 The Owner sh:all furnish the services of other consul.
tantS when such services :are reasonably required by the scope
of the Project and :are requested by the Architect.
4,7 The Owner sh:all furnish structura.!, mechanical, chemical,
air and ""ater pollution tests, tests for hazardous m:aterials, and
other laboratory and environmental testS, inspc:ctions and
repons required by law or the COntt2ct Documents.
4.8 The Owner shall furnish all legal, accounting and insurance
counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to
verify the Contt2ctor's Applications for P:ayment or to ascertain
how or for wh:at purposes the Contt2ctor has used the money
p:aid by or on behalf of the Owner.
4.9 The services, information, surveys and repons required by
Paragr:aphs 4.5 through 4.8 shall be furnished :at the Owner's
expense, and the Architect shall be entitled to rely upon the
accut2cy and completeness thereof.
4.10 Prompt written notice sh:all be given by the Owner to the
Architect if the Owner becomes :aw:are of any f:ault or defect in
the Project or nonconformance with the Contt2ct Documents.
4.11 The proposed language of cenific:ates or cenific:ations
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and :approval at least 14
days prior to execution. The Owner sh:all not request cenitic:a-
tions th:at would require knowledge or services beyond the
scope of this Agreement.
5
B141.1987
AlA DOCUMENT Ø141 . OWNER-ARCHITECT AGREEMENT. FOURTEEJIo'TH EDITION. AlAc . @1987
THE AMERICAI' INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N,W., WASHINGTON, D.C, 20006
',.
.
ARTICLE 5
CONSTRUCTION COST
5,1
DEANITION
5,1,1 The Construction Cost shall be the total cost or esti-
mated cost to the Owner of all elements of the ProjeCt designed
or specified by the ArcruteCt.
5.1.2 The ConstruCtion Cost shall include the COSt at current
market rates of labor and materials furnished bv the Owner and
equipment designed, specified, selected or sPecially provided
for by the Architect, plus a re2Sonable allowance for the Con-
traCtor's overhead and profit. In addition, a reasonable allow-
ance for contingencies shall be included for market conditions
at the time of bidding and for changes in the Work during
construction.
5.1.3 Construction COSt does not include the compensation of
the ArchiteCt and ArchiteCt's consultants, the COSts of the land,
rights-of-way, financing or other COSts which are the respon-
sibility of the Owner as provided in Anide 4.
5.2 RESPONSIBIUTY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary
estimates of Construction Cost and det2iled estimates of Con-
struction Cost, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with
the construction industry. It is recognized, however, th2t nei-
ther the ArchiteCt nor the Owner has control over the COSt of
labor, materials or equipment, Over the Contractor's methods
of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent th2t bids or negotiated prices
will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by the Architect,
5.2.2 No fIXed limit of ConstruCtion Cost shall be established
as a condition of this Agreement by the furnishing, proposal or
establi.s.hment of a Project budget, unJess such fIXed limit has
been agreed upon in writing and signed by the panies hereto. If
such a fixed limit has been established, the ArchiteCt shall be
permitted to include contingencies for design, bidding and
price esc:a1ation, to determine what materials, equipment, com-
ponent systems and types of construction are to be included in
the ContraCt Documents, to make reasonable adjusunents in
the scope of the ProjeCt and to indude 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
increase in the ContraCt Sum occurring after execution of the
ContraCt for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 days after the Arcrutect submits the Construction
Documents to the Owner, any Project budget or fIXed limit of
ConstruCtion Cost shall be adjusted to refleCt changes in the
gencrallevel of prices in the construction industry betWeen the
date of submission of the ConstrUction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as pro-
vided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fIXed
limit;
.2 authorize rebidding or renegotiating of the ProjeCt
within a reasonable time;
.
.3 if the ProjeCt is abandoned, terminate in accordance
with Paragraph 8.3; or
,4 cooperate in revising the Project scope: and quality as
required to teduce the Construction Cost.
5,2.5 If the Owner chooses to proceed under Clause 5.2.4.4,
the ArchiteCt, without additional charge, shall modify the Con-
traCt Documents as necessary to comply with the fIXed limit, if
established as a condition of this Agreement. The modification
of ContraCt Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fIXed liniit.
The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not
the Construction Phase: is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this ProjeCt
and, unless otherwise provided, the Architect shall be deemed
the author of these documents and shall retain all common la",,',
statutory and other reserved rights, including the copyright.
The Owner shall be permitted to retain copies, including repro-
ducible copies, of the Architect's Drawings, Specifications and
other documents for information and reference: in connection
with the Owner's use and occupancy of the Project. The Archi-
teCt's Drawings, Specifications or other documents shall not be
used by the Owner or others on other projects, for additions to
this ProjeCt or for completion of this ProjeCt by others, unless
the Arcrutect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen-
sation to the Architect.
6,2 Submission or distribution of documents to meet official
regu1atory requirements or for similar purposes in conneCtion
""'ith the Project is not to be construed as publication in deroga-
tion of the Architect's reserved rights.
ARTICLE 7
AR81TRA TION
AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDmON. AlA- . ~1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141.1987
6
"
.
7.4 The d rendered by the arbitrator or arbitra sh2ll be
fmal judgment may be entered upon it in accordari ith
cable law in any coun having jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either parry upon
not less than seven days' written notice should the other party
f2i.I substantially to perform in accordance with the t~nns of this
Agreement through no fault of the party initiating the termination.
8.2 If the Project is suspended by the Owner for more than 30
consecutive days, the Architect shall be compensated for ser-
vices perfonned prior to notice of such suspension. When the
Project is resumed, the Architect's compensation shall be equi-
tably adjusted to provide for expenses incurred in the interrup-
tion and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect in the
event that the Project is permanently abandoned. If the Project
is abandoned by the Owner for more than 90 consecutive davs,
the Architect may termin2te this Agreement by giving Writt~
notice.
8,4 Failure of the Owner to make paymentS to the Architect in
accordance with this Agreement shall be considered substantial
nonperformance and cause for termin2tion.
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expenses, the Architect may, upon seven
days' written notice to the Owner, !õuspend performance of ser-
vices under this Agreement. Unless payment in full is received
by the Architect within seven days of the date of the notice, the
suspension shall take effect without funher notice. In the event
of a suspension of services, the Architect shall have no liability
to the Owner for delay or damage caused the Owner because
of such suspension of services.
8.6 In the event of termin2tion not the fault of the Architect,
the Architect shall be compensated for services perfonned prior
to termination, together with Reimbursable Expenses then due
and all Tennin2tion Expenses as defIned in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for
Basic and Additional Sen'ices, and include expenses which are
directly attributable to termination. Termin2tion Expenses shall
be computed as a percentage of the total compensation for
Basic Services and Additional Services earned to the time of ter-
mination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if tennin2tion
occurs before or during the predesign, site analysis. or
Schematic Design Phases; or
.
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if tenrunation
occurs during the Design Development Phase; or
,3 Five percent of the total compensation for Basic and
Additional Services earned to date if termin2tion
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9,1 Unless otherwise provided, this Agreement shall be gov-
erned by the law of the prindpal place of business of the
Architect.
9.2 Terms in this Agreement shall have the same meaning as
those in AlA Document AlOI, General Conditions of the Con-
tract for Construction, current as of the date of this Agreement.
9.3 Causes of action betWeen the panies to this Agreement
penaining to actS or failures to aCt sh2ll be deemed to have
accrued and the applicable: statutes of limitations shall com-
mence to run not later than either the date of Substantial Com-
pletion for actS or f2i.1ures to act occurring prior to Substantial
Completion, or the date of issuance of the fmal Cenificate for
Payment for acts or failures to act occurring after Substantial
Completion.
9.4 The Owner and Architect waive all rightS against each
other and against the contractors, consultantS, agentS and
employees of the other for damages, but only to the extent cov-
ered by propeny insurance during construction, except such
rightS as they may have to the proceeds of such insurance as set
tonh in the edition of AlA Document AlOI, General Conditions
of the Contract for Construction, cum:nt as of the date of this
Agreement. The Owner and ArchiteCt each shall require similar
waivers from their contractors, consultantS and agentS.
9.5 The Owner and Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, succes-
sors, assigns and legal representatives of such other pany with
respect to all covenantS of this Agreement. Neither Owner nor
Architect shall assign this Agreement without the written con-
sent of the other.
9.6 This Agreément representS the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representations or agreementS, either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contrac-
tUal relationship with or a cause of action in favor of a third
parry against either the Owner or Architect.
9.8 Unless otherwise: provided in this Agreement, the ArchiteCt
and Architect's consultantS shall have no responsibility for the
discovery, presence, handling, removal or disposal of or expo-
sure of persons to hazardous materials in any form at the Project
site, including but nOt limited to asbestos, asbestos produCtS,
polychlorinated biphenyl (PCB) or other toxic substances.
9.9 The Architect shall have the right to includè representa-
tions of the design of the ProjeCt, including photographs of the
exterior and interior, among the Architect's promotional and
professional materials. The ArchiteCt's ~ate~ shall, n~t
include the Owner's confidential or propnetary InformatIon If
the Owner has previously advised the Architect in writing of
7
B141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEEJ','TH EDITION. AlA8 . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NE'lI? YORK AVENUE, N.W., WASHINGTON. D,C. 20006
. .
.
the spedfic infolm2tion considered by the Owner to be confi-
dential or propriewy, The Owner shall provide profession:aJ
credit for the Architect on the construction sign and in the pro-
motiorW materials for the Project,
ARTICLE 10
PAYMENTS TO THE ARCHITECT
'..
10.1 ,DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
s:aJaries of the ArchiteCt's personnel engaged on the ProjeCt and
the portion of the cost of their mandatory and customary con-
tn'butions and benefitS related thereto, such as emp10)'ment
taXes and other statUtory employee benefitS, insurance, sick
leave, holidays, \-acations, pensions and similar contriQutions
and benefitS,
10,2
REIMBURSABLE EXPENSES
10,2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and AdditionaJ Sen'ices .and include expenses
incurred by the Architect and Architect's employees and con-
sultantS in the interest of the Project, as identified in the foUo"'.
ing Clauses, ,'.
10.2,1.1 Expense of transponation in connection "-ith the
Project; expenses in conne,ction ,,'ith authorized out-of-to"'n
travel; long-distance communications; and fees paid for secur-
ing appro\':aJ of authorities ha,'ing jurisdiCtion over the Project-
10.2.1,2 Expense of reproductions, postage and handling of
Dra"'ings, Specifications and other documentS,
1 0.2.1,3 If authorized in ad\"2nce b}' the O"'ner, expense of
o"enime "'ork requiring higher than regular rates,
1 0.2,1,4 E....-pense of renderings, models and mock-ups requested
by the O"'ner. ....
10.2.1,5 Expense of addition:aJ insurance co\'er:lge or limitS,
including profession:aJ liabilit). insurance, requested b}' the
O"'ner in excess of that norm:1lI)' carried by the ArchiteCt and
ArchiteCt's consultantS.
10.2.1,& Expense of computer,aided design and drafting
equipment time ,,'hen used in connection "'ith the ProjeCt,
.
10.3
PAYMENTS ON ACCOUNT OF BASIC SERVICES
1 0,3,1 An initi:aJ payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement,
10,3,2 Subsequent pa)'mentS for Basic Services shall be made
monthly and, where applicable, shall be in proponion to ser-
vices performed "'ithin each phase of service, on the basis set
fonh in Subparagraph 11.2,2, '
10,3.3 If and to the extent that the time initially established in
Subparagraph 11.5.1 of this Agreement is excëeded or extended
through no fault of the Architect, compensation for any ser.
vices rendered during the additional period of time shall be
computed in the manner set fonh in Subp~graph 11.3.2,
10,3,4 W'hen compensation is based on a percentage of Con-
struction Cost and any ponions of the Project are deleted or
otherv.'ise not constructed, compensation for tÞose ponions of
the Project shall be pa)-able to the extent sen'ices are pèr-
formed on those ponions, in accordance "'ith the schedule set
forth in Subparagraph 11.2,2, based on (1) the lo"'est bona fide
bid or negotiated proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por.
tions of the ProjeCt,
10,4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES .
10,4.1 Pa"mentS on account of the Architect's Addition:aJ
Services and for Reimbursable Expenses sh:ill be made monthl)'
upon presentation of the Architect's statement of services ren-
dered or expenses incurred,
10,5 PAYMENTS WITHHELD
10,5.1 1'0 deductions sh:aJ1 be made from the Architect's com-
pensation on account of pen:aJt)', liquidated damages or other
sums "'ithheld from paymentS to contractors, or on account of
the cost of changes in the \\"'ork other than those for ,,'hich the
ArchiteCt has been found to be liable, ' .
10,& ARCHITECT'S ACCOUNTING RECORDS
10,&,1 Records of Reimbursable Expenses and expenses per-
taining to Addition:aJ Sen'ices and sen'ices performe4 on the
basis of a multiple of Direct Personnel Expense shall be a\-aj]-
able to the O"'ner or the O,,'ner's authorized representath'e at
mutUally com'enient times.
ARTICLE 11
BASIS OF COMPENSA TJON
.'.
The Owner shall cÇ)mpensate the ArchiteCt as foUo"'s:
11.1 ANINITL~PAYME"~Tor . . DoDm(S
shall be made upon execution of this Agreement and credited to the ()v.'Oer's account at fm:aJ pa)'ment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SER\-'CES~ as desCribed in Anicle 2, and any other services included in Article 12 as pan of Basic Services, Basic
Compensation shall be computed as foDo"'S: .' '. " .,
(Iruerf basis 01 CO"'þnIsIIlio", indudi", Slipullll«t SU1'1lS. ""¡'IipJes 0" prrcrnillJJf!S, IIII/iI idrnlifJ' pbøses IÒ u'i:¡icb pø,.,ir:ulø,. ",lIlbods 01 eomperW:Uio" IIppl)', {/
ftllCftSll"..) 0 .,tpt:2JSa.tion to be detennined. Authorization far pe.rfannanœ of professiooal
services as part of basic services shall be in the fmm of work orders issued by the City.
The work order shall describe the proj ect, the services required and shall establish
rœthcd of payment~ All work orders shall be issued under and shall inanporate the terms
of this ,Agreement.
AlA DOCUMENT B'.' . O~ER'ARCHITECT AGREE,\4v.ï. FOl'RTEE.'ïH EDITION .1JA8 . ~1987
THE A.\ ERICA.~ Iss~m ïE OF ARCHITECTS, 173S SE"«' YORK A\'L'"l.'E, KW., WASHINGTON, D.C. 20006
B141.1987
8
~"~".' 0" L
-, . ""." -- . , . _. '0.' ~-..__._-~.,..". -,' '-----".'---.'-. '_'...,--,_.._-,_.~.-'..--'.','~-----"-r---""_.------'----.---'----'-'-~' .
.
.
11.2.2 ~'"here compensation is b:ased on a stipulated sum or percen~ge of Construction Cost, progress paymentS for B:asic Services
in each ph:ase sh:all tOtal the follov.-ïng percentages of the total B:asic Compensation parable:
(Inserl addiliOni21 pbase$ as approprialr.)
Schematic Design Ph:ase:
Design De,'elopment Ph:ase:
Construction DocumentS Ph:ase:
Bidding or Negotiation Ph,--~:
Construction Ph:ase:
Fifteen
Twenty
Forty
Fifteen
Twenty
percent (15 %)
percent (20%)
percent (40 %)
percent (15 %)
percent <20 %)
Total B:asic Compensation:
one hundred percent (100%)
11.3
COMPENSATION FOR ADDITIONAL SERVICES
11,3.1 FOR PROJECT REPRESENTATIO~ BEYO='D BASIC SER\lCES,:as described in Par:agr:aph 3.2, compensation shall be com-
puted :as follows:
To be negotiated, if services are requested.
11,3.2 FOR ADDlTIOKA.L SERVICES OF THE ARCHITECT, :as described in Articles 3 :and 12, other th:an (1) Additional Project
Represen~tion, :as described in Paragr:aph 3.2, :and (2) se "\'ices included in Article 12 :as part of Additional Se "\'ices, but excluding ser-
...ices of consu]t:antS, compensation shall be computed :as follo""s:
(111$", basis 0lco"'pr7lsariun, i",I"ding raIl'S and/ur mulriplps 01 DirpCZ Per,<omJl!I £.\1""'sr lor Principals and ,.",ployres, and idC">lIify Pn'ncipals and clas.<ify
rmploypes, if rrl/uirpd, Jdt"llif.l' spKific sm'icrs 10 uNeb particular ",r:b"ds 01 c""'/1<"'lJo:io'l apply. If nt'Cpsso.,'.)
Hourly rate œsis according to the attached rate schedule.
(See Exhibit I'ßII)
11.3.3 FOR ADDlTIO='AL SERYICES OF CO='St.:L TASTS, including additional structural, mech:anical :and eleCtrical engineering
se "\'ices :and those pro"ided under Subpa!':lg!':lph 3.4.19 or identified in .tuticle 12 :as part of Additional Se "\'ices, a multiple of
<me & two tenths ( 1 .2 ) times the amountS billed to the Architect for such se "\'ices.
(Idrn:i/J'specific types olconsul/anlS in Ar/icll! 12, if rrquirrd.)
11,4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBt.:RSABLE EXPENSES, :as described in P:ar:agr:aph 10,2, :and :any other items included in Article 12 :as Reimbursable
E:~..pc:nses, a multiple ,?f <me & one tenth ( 1. 1 ) times the expenses incurred by the ArchiteCt, the Architect's
employees :and COnsulW1tS in the interest of the Project,
11,5
ADDITIONAL PROVISIONS
11,5,1 IF THE BASIC SERVICES covered by this Agreement have not been completed ",'ithin thirty
( 30 ) months of the date hereof, through no fault of the Architect, e,,'ension of the ArchiteCt'š se "\'ices beyond that time sh:all be
compensated :as pro,'ided in Subparagr:aphs 10.3.3 and 11.3.2,
11.5.2 PaymentS are due :and payable thirty ( 30) days from the date of the ArchiteCt's invoice:,
AmountS unpaid sixty .. (60 ) days after the invoice: date shall bear interest at the !':Ite entered bclow, or
in the absence thereof at the legal rate pre,'ailing from time to time at the principal place of business of the Architect.
(Insrrf ra/e 01 in/eres/ agreed upon.) Prime plus two points.
(L'su,,'lalt'S and requirrmenlS undø Ibr Frderal Tru/b in Lending Aa, similar s/a/r and local consumer credillau'S and o/ber regula lions allbr Oumer~ and Arcbl-
IreI'S principal places 01 business, Ibr loca/ion ol'br Projea and elseuoberY mOJ' affea /br Iwidil)' al'bis prol'ision. Specilic Irgm adl;œ should br ob/ained It.;/b
respra 10 dele/ions or modifiea/ions, and also regarding rrquiremrnlS such as u'rillen disdosures or ull2ivers,)
9
8141.1987
AlA DOCUMENT .1..1 . OWNER-ARCHITECT AGREEME."¡ . FOüRTEEJ'\ïH EDITION. AlA- . C)1987
THE AMERICA." INSTITl'TE OF ARCHITECTS. 1 i3S N£'«' YORK AVE."'iIl'E, NoW., ',X'ASHINGTON. D.C. 20006
.
.
11,5,3 Th~ rat~s and multipl~s s~t forth for Additional S~r\'ic~s shall b~ annuall}' adiust~d in accordanc~ with normal salary re\'iew
practic~s of th~ Archit~ct.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(1'l$erI dpscriplians of Olbrr smicps, idl'7J/ifJ' Addilional Smicps indudPd uilbin Basic Co"'/1"lsalion and ,,'odifiC4/ions 10 IbP paJ'mml and compt'nsalion I""IS
i",/udpd in Ibis Agrnmml.)
12.1
Site Analysis / Space Needs Assessment
($37,250.00)
12.2
South Lake MenDrial Hospital Facility Study
($ 9,850.00)
(See Exhibit "A")
12.3
Addendum to Standard Form of Agreement Between Owner and Archi teet
(See Exhibit "C")
This Agreement entered into as of the c:l2y :and year first v..ritten above.
OWNER
~ I-f /qq
~
(Signature)
Harold S. Turville, Jr., Mayor
(Printed name and title)
TiDDthy McNicholas, MA, Principal
(Primed name and title)
AlA DOCUMENT B1.' . O,","ER-ARCHITECT AGREEME.'Io.. J'OURTEE1Io'TH EDITIOS. AlA- . ~1987
THE AMERlCA.to; INsnn."TE OJ' ARCHITECTS, 1735!1o"EW YORK A\'E.to;L:[, N.W., 'lrASHtNGTON, D.C. 20006
8141.1987
10
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Ar:
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C.T. HSU + ASSOCiATES, P.A.
ARCHITECTURE. PLANNING. LANDSCAPE. INTERIOR DESIGN
ORLANDO/LOS ANGELES
January 21, 1999
Exhibit A
Mr. Wayne Saunders
City Manager
One Westgate Plaza
P.O. Box 120219
Clermont, Florida 34712
RE: CITY OF CLERMONT SPACE NEEDS ASSESSMENT AND SITE ANALYSIS
Dear Mr. Saunders:
C.T. Hsu + Associates, P.A. (CTH+A) is most pleased to submit this fee proposal for our
professional services for the Clermont City Hall Space Needs Assessment and Site Analysis,
I. PROJECT DESCRIPTION
We will initiate the design process by meeting with representatives of the City of Clermont to
hear specific project goals and needs, We will visit and discuss with staff the assets and liabilities of
the existing facilities and proposed site. We will analyze the data that we receive from the
interview process and prepare a final Space Needs Assessment Report which will include proposed
Standards, proposed square footage requirements, spatial adjacencies, and conceptual site diagrams,
ll. SCOPE OF SERVICES
CTH + A proposes to provide the following professional design services for the Project:
1. Existing Facility Survey
1.1
Review existing Departmental Data
1.2
Data Collection and Analysis
1.3
Communication of Concepts
820 IRMA AVENUE ORLANDO, fL 32803 USA .407 423-009,8 FAX' 407 423.4793
LlCENSE'M-t:. 001322
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Clermont City Hall Space Needs
Proposal Letter
January 21, 1999
2. Develop and Document detailed requirements
2,1
2.2
2,3
2.4
2.5
Design Limitations and Objectives
Establish Design standards and Criteria
Spatial Relationships
Needs for Flexibility and Expandability
Site Requirements
3. Space Schematics and Flow Diagrams
3.1
3.2
3.3
3.4
Area Requirements
Functional Relationships
Access / Circulation
Tour comparable facilities
4. Site Analysis
1.1
1.2
1.3
Planning Ordinances
Functional Relationships with existing facilities
Access/Circulation
III. TIME SCHEDULE
We understand the City's desire to proceed and we propose to produce our draft report for your
review and final comments in 10 weeks time, once we have received your final comments we will
incorporate them into our final report within one week. CTH+A will work diligently with the
City to meet the project schedule requirement. Our staff is sufficient to meet your design
schedule and our present workload would allow us to start immediately upon notice to proceed.
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Clermont City Hall Space Needs
Proposal Letter
January 21, 1999
IV FEE SCHEDULE
CTH + A proposes to provide professional design services as described in our Scope of Services for
a lump sum fee of Thirty Seven Thousand Two Hundred Fifty Dollars ($37,250.00) with the
following payment schedule:
Facility Survey
25%
Detailed Requirements/Diagrams
25%
Draft Report
25%
Final Space Needs Report
25%
V
REIMBURSABLE EXPENSES
Reimbursable Expenses: The costs of items such as long distance telephone, fax, Xerox copies,
presentation materials, blueprinting, postage and other project related costs are separate from this
Contract, These costs shall be accumulated and billed to the Client at cost plus 10%. These costs
will be billed at the first of each month and are due upon receipt of invoice.
VI TERMS AND CONDITIONS
Terms and conditions for our services including additional services will be per the
AIA Document B 141 Standard Form of Agreement Between Owner and Architect.
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City of-Clermont Space Needs
Proposal Letter
January 21, 1999
Wayne, we very much appreciate your taking time out to meet with Edwin and I prior to the holidays
so that we could prepare our proposal for this exciting project. If there is any additional information
that you need or if you have any questions regarding our proposal please do not hesitate to call so that
we can meet to discuss it ,
Sincerely,
TMN/cv
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