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THE
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AMERICAN
INS TIT U T 01
~F
ARC HIT E C T S
AlA Document B 141
0 0
Standard Formo of 0 Agreement Between
0 Owner 0 and Architect
1987 EDITION
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THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN AITORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the Fifteenth day of
Nineteen Hundred and Ninety °Nine
February 0
in the year of .
BETWEEN the Owner:
(N- and address)
City of Clermont
1 Westgate Plaza
Clermont, Florida
34711
and the Architect:
("- and addreø)
Starmer Rana1di Planning & Architecture tnc.
890 Northern Way 0
Suite E-1
Winter Springs, Florida 32708
For the followingo Project:
0 (IncJudI døtaiI«I d8c:ripllon 01 Proj«l. 10C/IliDII, address and sœpø.)
Cityo of Clermont New Main Fire Station. Located at Lots
7, 8, 9, and 10, Block 44, accordingo to the Official Map
?f the City of Clermont, recorded in Plat Book 8, Pag~s 0
017-23, Public Records of Lake County Florida.
Project Scope sha110be in accordanc~ wtth ~rofessiona1
Services Proposal dated 1/6/99 and revised 1/19/99. (Exhibit A)
The Owner and Architect agree as set forth below.
0 Copyngbr 1917,1926,1948, 1951, 195~, 1958,1961, 196~, 1966. 1967, 1970.1974. 1977.@19s7byTheAmerianlnsåNte
of ArdUrecø, 1735 New York Avenue. N.W., WashingtOn. D.c. ZOOO6. RcprodUCåon of the m21ertd herein or subsandal
quoCldon of Irs provisions wlrhour wriaen permissiOn of the AlA vlowes me copyrløbr laws of the United Scaœs and will be
subjca to I. prosecution.
AlA ooallllNT 8141 . OWNDoARCHlTECT AGREEMENT. FOURTEl!N1'H EDmON. AJA8 .01987
nlE AMERICAN INSTITUTE 0; ARaflTECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.c. 20006
8141-1987 1
'_0_"__"- ---~~._~~-~~~_.......
,
.
.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
II
:.J
ARTICLE 1
ARCHITECT'S RESPONSIBlU'nes
1.1 ARCHITECrS SERVICES
1.1.1 The Architect's services consist of those services per-.
formed by the Architccr. Architect's employees and Architect's
consulr:uns as enumcrarcd in Arridcs 2 and 3 of this Agreement
and any other services indudcd in Arride 12. .
1.1.2 The Architccr's services sh2ll be performed as cxpccI.i-
tiousJy as is consisrcnt with professional skill and care and the
orderly progress of the Work. Upon request of the Owner. the
Ardlitccr sh2ll submit for the Owner's approvaJ a schedule for
the performance of the Architect's services which may be
adjusted as the Projccr proceeds, and sh2ll indude allowances
for periods of tinie required for the Owner's review and for
approvaJ of submissions by authorities having jurisdiCtiQl) over
the Projccr. Time limitS established by this schedule approved
by the Owner shall not. c:xccpt for rcI5Onable cause, be cxc:eedcd
by the Architccr or Owner,
1.1.3 The services covered by this Agreement arc subject to
the time limitations contained in Subpaagraph 11,5.1.
':~)
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
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2.1 DEFlNmON
2.1.1 The Architccr's Basic Services consist of those described
in P:u2graphs 2.2 through 2.6 and any other services identified
in Anide 12 as part of Basic Services. and indude nonna! strUc-
tUral. mechaniCII and elc:ctriCII engineering services,
2.2 ,SCHEMATIC DESIGN PHASE
2.2.1 The Architect sh2ll review the program furnished by the
Owner to asœrcain the requirementS of the Project and shaH
arrive at a mutuaJ undcrsrandingof such requirementS with the
Owner.
2.2.2 The Archìtccr shall provide a pn:Jiminary evaluation of
the Owner's program, schedule and constrUCtion budget
requirementS. e2ch in terms of the other. subjccr to the limita-
tions set forth in Subparagr:¡ph 5.2.1.
2.2.3 The Architect sh2ll review with the Owner alrcrnative
, apprœches to design and consuuCtion of ,the Project.
2.2.4 Bucd on the mutUally agrecd-upon program. schcduJe
and consuuc:tion budget n:quircmenrs. the Architect shall
pn:parc. for approvaJ by the Owner, Schcmaåc Design D0cu-
mentS consisting of drawings and other docwncnrs iUusrr:uing
the sale and rcJationship of Projccr componentS.
2.2.5 The Architect shall submit to the Owner a pn:liminary
csrimaœ of'Consuuaion Cost based on c:urænr area. volume or
orhc:r unit COStS.
"j
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Bucd on the approved Schematic Design Documenrs'
and any adjusrmenrs aurhorizl:d by the Owner in the progœn,
schedule or consuucrion budget, the Architect shall pn:parc.
for approvaJ by the Owner, Design Development Documenrs
COnsisting of drawings and other docwnenrs to fix and dcsaibc
the size and dw2acr of the Projccr as to archirectW21. strUC-
tural, mcd1aniCII and elc:ctriCII sysrcms, marcri2Is and such
other clementS as may be appropri2tc.
2.3.2 The Architect shall advise the Owner of any adjustmentS
to the preliminary esåmate of ConstruCtion Cost.
2.4 CONSTRUcnON DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
mentS and any further adjustmentS in the scope or quality of
the Projccr or in the construCtion budget :authorized by the
Owner, the Architccr shall prepate, for approvaJ by the Owner,
ConstrUCtion DocumentS consisting of Drawings and Spc:cifia-
tions setting forth in detail the requirementS for the co~c-
tion of the Projccr.
2.4.2 The Architccr shalI2SSist the Owner in the preparation of
the nc:ccssary bidding information, bidding forms,' the Condi-
tions of the Contract, and the form of Agreement between the'
Owner and ConU'2Ctor.
2.4.3 The Architccr shall advise the Owner of any adjusrmenrs
to previous preliminary estimates of ConsuuCtion Cost indi-
C2tc:d by changes in rcquin:mentS or general madcet conditions.
2o4A The Architccr shail 2SSist the Owner in coMecåon with
the Owner's responsibility for filing docwnenrs required for
the approvaJ of govcmmeruaJ :authorities having jurisdiCtion
over the Projccr.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approvaJ of the
ConstrUCtion DocumentS and of the latest pn:Jiminary csritnatc
of ConstrUCtion Cost. shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and pn:p:uing
contracts for constrUCtion.
2.&
CONSTRucnON PHASE-ADMINISTRA TlON
OF THE CONSTRUcnON CONTRACT
2.&.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 œrmi-,
nates at the c:uJier of the issuance to the Owner of the final
Certificarc: for Payment or 60 days after the date of Substan-
tial Completion of the Work.
2.1.2 The Architect sh:ÌJI provide adminisa3åon of the Con-
U'2Ct for Consuuc:tion as set forth below and in the cdItion:of
AlA Document A20 I, General CondiåOns of the Contna for :
ConsauCtion, c:urrent as of the date of this A¡p'eemcnt. 'UnJeSS
otherwise provided in this AgœanenL
2.1.3 Duties, responsibilities ~d limitltions of authority of the
An:hitcct shall not be œsuiacd, modified or cacndcd widIout
written aøn:cmc:Ì1t of the Owner and Architca with consent of
the Conuaaor, , which consent shall not be UtUCISODably
withhcfd.
AlA DOC:.._T 8141 . OWNER-ARCHITECT AGREl!MENT . FOURTEENTH EDmON . AlA8 . el9Ø7
THE AMl!JUCAN IMlïITUTE Of ARCHITECTS. 17:'5 NEW YORK AVENUE. N.W., WASHINGTON, D.c.lU006
8141-1887 2
WUINING: UnIIOIIl8Id 111m t:l.1I1g ~ u.s. ~ 1-.... Ie 8UIIjICt lit"'" ~
.
¡ 2.8.4 The AR:hiœa sJW1 be a n:prcsentUive of and sh2J1 advise
. and consult with the Owner (1) during consuuaion wuü final.
payment to the Conaaaor is due. and (2) as an Addfdon:ú Ser-
vice at the Owner's direction from time to time during the cor-
rc:aion period described in the Contr2Ct for Consuuaion. The
AR:hitect sJW1 have authority to act on bdWf of the 'Owner
only to the cxœnt provided in this Agreement unless othc:rwisc:
modified by wriaen insuwnenL
2.8.5 The AR:hitect sJW1 visit the site at inrcrvals appropriate
to the stage of constrUCtion or as otherwise agreed by the
Owner and AR:hitect in writing to become genca1ly f:uniliar
with the progress and quality of the Wade completed and to
determine in gcn= If the Wade is being perfonned in a man-
ner indicating that the Wade when completed will be in mr-
dance with the Contr2Ct Documents.' However, the ArchItect
sh2J1 not be required to DJ2ke 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 AR:hitect
shafJ kc:cp the Owner infonned of the progress and quality of
the Work., and sh2J1 endeavor to guard 'the Owner apnst,
defects and defidendes in the Wade. (More e%lensive site
,.epresentalion may be agreed to as an AddlttonaJ SenJi¡;e, as
rJescrlbed in Paragrapb 3,2.) -
¡ 2.&.6 The Architect shafl not have ~nUOI over or charge of
; and sh2J1 not be responsible for construction means, methods,
! tc:chniques. sequences or procedures. or for safety precautions
~ and progranJS in connection with the Work, since these are
j soldy the Contraaor's responsibüity under the Conma for
: Consauction. The Architect sJW1 not be responsible for the
¡ Contraaor's schedules or f:U1ure to carry out the Work in accor-
! dance with the Contr2Ct Documents. The Architect sJW1 not
~ have control over or charge of acts or omissions of the Conux-
¡ tor, SubcontractOrs, or their :aga1ts or employees, or of any
i other persons performing portions of the Work.
i
: 2.8.7 The Architect shafl at aU times have 2CCess to the Work
¡ wherever it is in prep:u2tion or progress.
¡ 2.8.8 Except as may otherwise be provided in the ConU2Ct
~ Documents ,or when cIirect communicuions have been spe-
! ciaIIy authorized, the Owner and Contr:lCtOr sJW1 communicate
¡ through me Archiœc:t. Communicwons by and with me Archi-
! tea's consultants shaf1 be through the Atdùœa.
: 2.8.9 Based on the An:hitcct's obserV2tiOns and c:v:dualions of '
: the ContractOr's AppUations for Payment, the An:hitect sJW1
. review and certify the amounts due the ContractOr.
2.~ 10 The Atdùtect's certifIcation for payment shaf1 consti-
tUte a n:pn:scnration to the Owner, based on the Architect's
. ob5crwtions at the site as PtQvidcd in Subpal38nph 2.6.5 and
on ,the daIa comprising the Contnaor's Appfic::uion for Pay-
ment, that, 10 the best of the An:hiœa:'s know~ infonna-
.don and belie( the 'M)de has progtesscd IX) the point indIcaœd
and the quality of ..,de is In accordance with the Contr2Ct
Documenrs. The foreøDinø æprescntalions are sub c:a to an
, ev:duaåon of the Worle for conformance with the Conaxt
Documenrs upon SubsamI:I1 CompJction. to n:suIIS of subse-
quent tellS and InIpeaIons. to minor dcMadons from the Con-
axr Documenrs ~Ic prior to èomp1etion and to "I»
dfIc 'qll!lllßc.låOns c:xpn:sscd by the.Archiœc:t. The Issuanc:c of a
Ccrti.6caœ for Payment shaD further c:onsdmœ a repn:scntation '
dIa the Conaxror is entitled to payment in the amount œrU-
6c:d. However, the issuance of a Cen:iftc::arc for Payment shall
not be a n:pn:scnœion tha the AIdU(a;t has (1) made ~
rive or continuous on-site inspections to check the quality or
..
quantity of the Work., (2) reViewed constrUCtion mc::ms. meth-
ods. techniques, scqucna:s or proœc1uœs, (3) reviewed copies
of requisitions receiVed from Subc:onU2CtOtS and maœria1 sup-
pliers and other data n:qucsœd by the Owner to subslmtiate
the ConU2CtOr's right to payment or (4) ascert2ined how or for
what purpose the ConU2CtOr has used money previously paid
on account of the Conuaa Sum.
':~
2.8.11 The Architect sJW1 have :wthority to R:jea Wade which
docs not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Conma Documents, the Architect will
have authority to requin: 2dditionaf inspection or resting of the
Work in accon:lance with the provisions of the Conma Docu-
ments, whether or not such Work is f2briated, inslaUed or
completed. However. neither this authority of the Architect nOr
a decision made in good f2ith either to exercise or not to exer-
cise such authority shafJ give rise to a duty or responsibility of
the AR:hitea to the Contt2CtOr. Subconmaors, mareriaf and
equipment suppliers, their agents or employees or other per-
sons performing portions of the Wode.
2.8.12 The Architect sh2J1 review and approve or t2Ice other
appropriate action upon Contt2CtOr's submittals such as Shop
Drawing1l. ProdUCt Data and Samples, but only for the limited
purpose of checking for confonnance with infonnaåon given
and the design concept expn:sscd in the ConU2Ct Documents.
The Architea's action sh2J1 be t2kcn with such n:2SOnable
prompmcss as to cause no delay in the Wade .or in the con-
sauafon of the Owner or of scp:uate conU2CtOrs, while aDow-
ing sutDdent time in the Architect's professional judgment to
permit adequate review. Rc9iew of such submittals is not con-
c;1uaed for the purpose of determining the aa:uracy and com-
pletc:ness of other details such as dimensions and quantities or
for substantiating instrUCtions for instaUation 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 Conuaa Documents. The Architect's review
shafJ not constitUte approval of safety precautions or, unless
otherwise spcdtically sl2tCd by the .Architect, of constrUCtion
means. methods, tc:chniqucs, sequences or procedures. The
Architect's approval of a. specific item shafJ not indicate
approval of an assembly of which the item is a componcnL
When professional a:niftClåOn of performance char:laerisåCS
of materials, sysrcms or equipment is required by the Contr2Ct
Documents, the Architect sh:afI be entitled to rely upon such
œrtification to CSl2b1lsh that the nwertaIs. systemS or equip-
ment will meet the perfonnanœ aiœria n:quin:d, by the Con-
UXt DocumenlS.
0,»
2.8.13 The An:hitect shaf1 prepaæ 01angc Orders and C0n-
strUCtion CJ2nøe Direaifts, widt suppórting documentation
and data If dccmcd ncœsary by the Architect as provided In
Subpaagnphs 3.1.1 and 3.3.3, for the Owner's approval and
c:xa:ution In :aa:ordanœ with the ConU2Ct Documenrs, and
may authorizle minor chanøcs in the Worle l1Ot involving an
.ad usanent In the Conaxr Sum or an c:zœnsion of the ContraCt
TIme Whic:h are not inconsistent with. the Inœm of the Contna
Documenrs. .
2.8.14 The An:hiœct shaf1 conduct Inspections to deœrminc
the date or daœs of Subsanti:d Comp1edon and the dale of ßa:d
c:omp1edon. shaD reœive and forw2rd to the Owner for the
Owner's revieW and records .written. wmmties and ,n:IIœc:t
documenrs n:quiæd by the ConU2Ct Documenrs and assem-
bled by the Contr:lCtOr, ånd sh:afI issue: a final Certiðc:ate for Pay-
ment upOn compliance with the n:quiremcnrs of the Contr2Ct
DocumcnIS. .
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3 8141-1987
AlA DOC....,. In., . OWNIR..utat1TBC'l" AGIIIMIINT. I'CXIKII!IINTH EDmaN . 1dA8 . 01987
THE AMIIRICAN INS'ITIVrB 0' AROUTI!CTS. 1735 NlWYOIUtAV!NIJI, N.Y., WASHJNGTQN. D.c. zOOO6
........ U.....~ ph r. a I II ~ 11111 ....... u.a. capJIIgIIt ... ... .. ...... .... - I r""""
.
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2.8.15 The An:hitect shall interpret and decide mancrs con-
c:cming pcrform:mœ of the Owner and Cona2a0r under the
requirancrus of the Contract Documcnrs on wriaco request of .
. c:irher the Owner or ContnaOr. The An:hitCCt's n::sponsc to.
such n:qucsrs shall be made with n:aøonabIe prompmess and
within any time,1imirs ~ upon.
2.8.18 InterprctUions and decisions of the Architect shall be
consistent with the intent of and re:øonably infcr2ble from the
Contract Documenrs and shall be in writing or in the fonn of
c:IcIwinp. When making such interprcœions and inidaI deci-
sions, the Ardútect shall endeavor to secure f.üthful perfor- .
mance by both Owner and Contractor, shaI1 not show partiality
to dther, and sbaII not be liable for resulrs of intcrprcœions or
decisions so rendered in good f2ith.
2.&.17 The Ardútect's decisions on matters relating to aesthe-
tiC effect shaD be final If consistent with the intent expressed in
the Contract Documenrs.
2.&.18 The Ardútect shall render wriaco decisions within a
rasonablc- time on an cIaim.S, disputes or other matters in ques-
tion between the Owner and Contractor rcJaring to the cxc:cu-
tion or progn:ss of the Work as provided in the Contract
Documenrs. ~
2.&.19 The Ardútect's decisions on cI2ims, disputes or other
maners, induding those in question between the Owner and
Contractor, except for those rcJaring to aesthetic effect as pro-
vided in Subparagraph 2.6.17, shall be subject to arbitr2tion as
provided in this Agreement and in the Contract Documents.
, .
. ... .:.'¡ .
ARTICLE 3
ADDITIONAL SERVICES
.3.1 GENERAL
3. 1.1 The services dcsaibed in this Article 3 are not induded
in Basic Services unless so identified in Artide 12, and they shall
be p2id for by the Owner as provided in this Agreement, in.
addition to the compensation for Basic Services. The services
. dcsaibed under Pmgraphs 3.2 and 3.4 shall only be provided
If authorized or continned in writing by the Owner. If services
described under ConEingatt Additional Services in P2r2gr2ph
3.3 are required due to circumstances beyond the Architect's
control, the An:hitect shall notify the Owner prior to com-
mencing such services.. If the Owner deems that such services
dcsaibed under Paragraph 3.3 are not required, the Owner
shall give prompt wrincn notice to the Ardútect. If the Owner
indiœes in .writing ch2t an or pan of such Contingent Addi-
tional Services are not required, the Ardútect sbaII have no obli-
gation to provide those services.
)
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PROJECT REPRESENTATION BEYOND BASIC
SERVICES .
3.2.1 If more extensive represenl2tion at the site rhm is
dcsaibed In .Subpmgraph 2.6.5 is required, the Architect shaD .
provide one or more Project Representatives tO.assIst In carry-
ing out such ~naI on-site responsibilities.
3.2.2 Project Rcpn:scntatives shaD be sdectcd, empJoyed and
dfra:tcd by the Arc:hitc:a, and the Architect shaD be compc:n-
sarcd therefor as 2p:cd by the Owner and Architect. The
duties, responsibilities and IimiWions of authority of Project
Rc:pn:scntatives shall be as described in the edition of AlA
Document B352 current as of the eIate.of this Agreement, unless
otherwise agreed.
3.2
.
. .
3.2.3 Through the obsc:rv2tions by such Project Rcpn:scn-
tatives, the Architect shaD c:ndcavor to. provide fwther protec-
tion for the Owner apinst dcf1::crs and dcfic:iendcs in the Work,
but the fwnishiDg. of . such projca repn:scntation shaD not
modify the righrs, n::sponsibiUties or obUpåons of the Archiœa .
as described c:Iscwhcn: in this AgrecmenL
3.3 CONTINGENT ADDmONAL SERVICES
3.3.1 M2king revisions in Drawings, Spec:ifications or other
documenrs when such revisions an:: .
.1 ineonslstcnt with approvals or instructions previously
given by the Owner, including .revisions JD:Ide nc:ces-
sary by adjusanenrs in the Owncr'.s program or Proj-
ect budget;
.2 required by the enacanent or revision of codes, laws
or reguWions subsequent to the pn:par:ation of such
documc:nts: or
.3 due to changes required as a result of the Owner's f2i1.
un: to render decisions in a timely manner. '
3.3.2 Providing, services required because of significun
changes in the Project induding, but not limited to, size, qual-
ity, complexity, the Owner's,schedule, or the method of bid-
ding or negotiating and contracting for construction. ac:ept for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Dcawings, Specifications and other documen.
tation and supporting data, ev:úuating Contractor's propoals,
and providing other services in connection with OJangc
Orders and ConstrUCtion OJangc Directives.
3.3.4 Providing services in co~ection with ev:úuaång substi-
tUtions proposed. by the ContnaOr and making subsequent.
revisions to Dcawings, Specifications and other documenl2tion
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other cause during constrUCtion, and fur-
nishing services Ì'equin:d in connection with the replacement
of such Work.
3.3.& Providing services made necessary by the default of the
Conti:u:tor. by m:a or defects or defidendes in me Work aCme
ContraCtOr, or by f:úlure of performance of either the Owner or
ConU2CtOr under the ConU2Ct for Consrruction.
3.3.7 Providing services in ev:úuating an cxtc:nsive number of
claims submitted by the Contractor or others in connection
with the Worle;
3.3.8 Providing services in connection with a public hc::uing,
arbiti2tion proc:ceding or legal proceeding except when: the
Architect is party thereto.
. 3.3.8 Preparing documenrs for aItcrnaœ~ scp:ntc.or sequential'
bids or Pl'9vidlng scrvia:s in connection with biddfng. negotia-
tion or c:onsuuaion prior to the compJction of the eonsauc-
don Documc:nts Phase.
3.4 OPTIONAL ADDmONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and PIO pID-
ming the ra¡uiR:mc:nrs of the Project.
3.4.2 Providing finandaI fcasib~ty or other special srudIcs.
3.4.3 Providing planning surveys, site evaluations or com-
par:Wvc StUdies of prospective siteS.
AlA DOQ 8IfT 81.' . OWNIR-ARCHITI!CT AGRII!MI!NT . POURT!I!N11IlIDmON . AlA. . 01987
THE AMERICAN IN5TITUI'E OF ARafmcrs, 1735 NEW YORltAV!NUB, N.'II'., 'll'ASHDIGTON, D.c. ZOOO6
8141-1887 4
~ u,1IOII... .,.... CAIIY."II vIat88 u.s. ........... ... MIl .. ..... tit..... ..-..-..
.
3.4.4 ProvidlÖg special surveys, environmcnt:ll. stUdfes md
submissions rcquiœd for approvals of govemment:ll. authorities.
or od1ers having jurisdiction over the Project.
3.4.5 Providing services rebåve to futW'l: f2cilldes. systemS
and equipmenL .
3.4.8 Providfng services to investigate existing conditions or
fxiJitics or to make measured dclwings thereof.
3.4.7 Providing services to verify the 2CCU1'2Cy of dnwings or
other infomwion furnished by the Owner.
3.4.8 Providing coordination of consauction performed by
sep:uate contractors or by the Owner's own forces and coordi-
n2å0n 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 ID2D2ger or sep:uate consuJranrs retained by the
Owner.
3.4.10 Pro~ding dcI2iIed estinWes of Construction CosL
3.4.11 Providing detIi1ed quantity surveys or inventories of
m2teri2!, equipment and ~r. -
3.4.12 Providing analyses of owning and opeming cosrs.
3.4.13 Providing interior design and other simil2r services
required for or in connection with the selection. ptOCUlCment
or insWiation of Cumiture, furnishings arid reJaœd equipment.
3.4.14 Providing services for planning tenant or renw spaces.
3.4.15 Making ~rïons, invenleries of ~ or'equip-
mc:m, or V!lh...rinns ~ deaiIed appraitabl. of c:xiIting &dIiåcs.
. 3.4.18 Pn:p:uing a sc:c of reproducible record drawings show-
ing signiticlnt ch2nges in the Work made during consauction
based on markcd-up prinrs, dnwings and other dam furnished
by the Conmaor to the Architect.
3.4.17 Providing assistll1ce in the utiUzalion of equipment or
systemS such as testing. adjusting and bIW1dng. prepamion of
oper2tion and lI13inœnmœ manuals, training personnel for
oper:uion and II13intenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of the
final Ccniðc::ue for P2ymenr, or in the absence of a t1naICer-
tifiare fot P2yment, more than 60 days after the date of Sub-
santi:l1 Compleåon of the Work. ' .
3.4.19 Providing services of cønsultmrs for other than archi-
tCCtW2I, strUCtW':ll, mechanical and elccuicaI engincering por-
tions of the Projcc:t provided as a part of Basic: Services. .
3.4.2Ø Providfng .any other services not otherwise induded in
this Agœemc:nt or not customarily furnished in 2CCOrdmce
,with gcncraUy accepted architcaur21 pClCtiœ.
ARTIa.E 4
OWNBrS AESPONSIBIUTIES
,4.., 1be Ownc:r sbIII pIOVide full. informadon n:prding
requiIaDcmI for the Projca, indudInø a tAO s&i8UI wh1c:h sbIII
sc:c fonb the Owner's obfccdves, schc:dulc. consa:ünrs and at-
tc:ri:I. indudIng 5p8œ œquiremcnts and reI:IIionships. t1exi-
biII1y.' c:çandabiIIty. spcda1 equipment, sysœms and Site
requin:menrs.
.,
4.2 The Owner shall CSI:IbUsh and update 311 oveø1l budøcr for
the Project, including the Consauaion Cosr, me Owner's other
cosrs md reasonable condngendes n:I8œd Ie 311 of these CO8II.
4.3 If n:quc:sœd by the Aft:birect, the Owner sbaI1 fumisb' evi-
dence that fin!:lncia! arr:mgcmenrs have bcc:a made to fu1ðIl the
Owner's obligations under this Agœemc:nL
(~
. . ,-'
4.4 The Owner shall desisnare a. repœsc:ncum: authorized to
act on the Owner's beh21f with respect to the Projea. 1be
Owner or such authorized repœsc:nWive shall render decisions
in a timely manner percúning to documcnrs submitted by the
Architect in older to avoid wm:asonable delay in the ordcriy
. and sequential progress of the Architect's services.
4.5 The Owner sh211 furnish surveys describing physical
char2cteristics, legal1imil2tions md utility locations for the site
of the Project, and a written legal dcsaiption of the site. The
surveys and legal information shall' indude, as applicable,
gadcs and 1incs of stn:ers, aI1e.ys, pavcmcnrs and adjoining
propc:ny and strUCtUrCS; ad acc:nt drain2ge; rigtuso()f-w:¡y,
rc:strictions, easemenrs, c:naoadunenrs, zoning. deed restric-
tions, boundaries and contOurs of the site; loc:arions, dimen-
sions and nc:ccssary data perl2ining to existing buildings, other
improvemenrs and trees: and infomwion concerning available
utility services and lines. both public and priwte, above and
below grade. induding invens and depths. All the informaåon
.on the survey shaJI be refc:rencc:c;1 ro a Project benchmark.
4.8 The Owner shall fumish the services of geotcchnic:a1'engi-
neers when such services an:: requested by the Architect. Such
services may include but an:: not limited ro test borings, test
pirs, determinaâons of seü be:uing Y21ues, pen:cl:låon tesrs,
c:vaIuaåons of h2z:ud0us maraiaIs, ground. corrosion and n:sis-
tivity tesrs, induding nccc:ssary oper2tions for anticipating sub-
seü conditions, with reportS and appropriate proCessional
recommendations.
4.8.1 The Owner shaJI fumish the services of other 'consul-
tII1rs when such services an:: n::uonably required by the scope
of the Project and an:: requested by the An:hitect.
4.7 The Owner sh211 fumish strUCtW':ll, mcchmical, chemic:al.
air and W2ter polluäon tCSlS, tesrs for hamtous matc:ri2Is, and
orher ~ruory and environmenw tesrs. inspections :and
reportS n:quin:d by law or the Contract Documents.
:,.9
4.8 The Owner shall fumish 3I11egaJ. accoundng and insw2nce
counseling services as may be neœssary at any time for the
Project, including. audidng sc:rviœs the Owner. may require to
verify the Contr:lCtOr's Applic:ltions for P2yment or to asa:tt2in
how or for wbaI purposes the Conmaor h:Is used the money
paid by or on behalf of the Owner. -
4JI The serviœs, informadon, surveys and reportS n:quin:d by
Pu2 ppbs 4,5,through 4.8 shall be ñunishc:d at the Owner's
c::çense, and the An:hiœa shall be enåtled to rely upon the
3ŒUCICY and compJctent:ss thereof.
4..1 0 Prompt written nodœ sbaI1 be gtvcn by the Owner Ie the
An:hitcct If the Owner becomes aware of my !auk or deCect In
the Project or nonc:onforllllDa: with the Contr:aa ~
4..'1 The proposed Imguaae of ccnifIc:aa:s or, œnißcIdonS.'
teqUCStCd .of. the An:hiœa or Architca's CO1'S'IIII!mIS shall ,be
submitted Ie the Aft:biœa for n:vic:w and approval :IE ICISC 14
days prior to c::m:udon. The Owner shall not œquc:st ccrdðca-
,dons thaE would require knowiedge or services beyond the
smpe of this AgœemenL
:J
5 8141-1987
AlA DClaIl8Nl' 814' . OWNlRoARCHIT!cT AGRI!DIBNT . FOURTI!Dn1i EDmON . AlA8 . 01987
Tltl AMIRICAN INSTITtITE 0' ARCHITICTS. 1735 NIW YORK AVENUE, N.W., WASHINGTON. D.c. zOOO6
, WARIIING: Un.IIo8M.4 ph a . r a a 11.11. ¥IaII8I8 u.s.. ~ ... ... """-" .... II'I I a A - L
. .
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ARTIa.E 5
CONSTRUcnoN COST .
5.1 DIFINIT1ON
5. 1.1 'Ibe Consuuaion Case sh:II1 be thc: tol2l COSt or s-
maed COSt to the Owner of all cJc:mcnts of thc: Project designed
or specified by the Archirea.
5.1.2 The Consauaion Cost shall indude the COSt at c:um:nt
market mc:s of labor and m:w:riaIs furnished by thc: Owner :and
equipment designed, specified, sdectcd or specially provided
for by the Architect. plus a n:øonablc aIIowmce for the Con-
maaor's 0verhc3d:and profit. In addition, a I'CISOnable allow-
ance for contingencies sh:II1 be indudcd for market condiåons
at the time of bidding and for changes in the Work during
consuuaion.
-.
5.1.3 Consauc:åon Cost docs nOt Include the compensation of
the Architect aDd An:Iùtc:ct's consultmts, the costs of-the land,
rights-Of-way .fin2ncing or other costs which arc the respon-
sibility of the Owner as provided in Anide 4.
5.2 RESPONSIBIUTY FO~ CONSTRUcnON ~
5.2.1 EY2Iuations of the Owner's Project budget. prclimirwy
estimates of Consttuaion Cost and dcWIed estimates of Con-
struction Cost, if any, prepared by the ArchiteCt. represent the
Architect's best judgment as a design professional f:uniliar with
the consuuaion industry. It is n:coønIzed, however, that nei-
ther the Architect nor the Owner has control over the COSt of
labor, maœriaIs or equipment, over the ConUXtOr's methods
of dctcnnining bid prices, or over competitive bidding, market
or negotiating'condiåons.' Accordingly, the Aldùœa annat
:and docs not w:unm or represent that bids or nqotiatcd prices
will not vary from the Qwncr's Project budget or from any
csåmatc of Consaucåon Cost or cY2Iuadon prepared or agreed .
to by the Architect.
5.2.2 No fixed limit of>Consauaion Cost sh:II1 bC CSl2blished
as a condition of this Agn:cmcnt by the furnishing, proposal or
CSl2blishment of a Project budget, unless such fixed limit has
, been agreed upon in writing and signed by the panies heretO. If
such a fixed limit has been cst2blished, the Archiœa shall be
permitted to include contingcnc:ics for design, bidding and
price esc::aJalion, to dctc:nnine what tnate:rlaIs, equipment, com-
ponent sysœms and typc::S of consuuaion arc to be ~dudcd in
the ConU'2Ct Docwnents, to m2ke n:øonable adjusanents in
the scope of the Project and to indudc in the Contact' D0cu-
ments altcm2te bids to adjust the Consauc:åon Cost to the fixed
limit. Fixed limits, if any, shall be increased in the amount of an
inCt'ClSC in the ConU'2Ct Swn occurring ~ c::xecuåon of the
ConU'2Ct for Consaucåon.
..,.',-':',
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5.2.3 If the BJddiDg or Negor:ialiontPhasc has not commenced
within 90 clays afœr the Archiœa submits the ConsaucåOn
Docwnents to the Owner, any Project budgc:t or ftxaIlimit of
Consauc:åon Case shall be adjUSted to rdlect c:b:mges in the
genClallew:l of prices in the consauaion industry bctwa:n the
date of submission of the Consuucdon Documents to the
Owner and the dItc on which ProPosals an: sought.
5.2A. If a fixed limit of Consauc:don Cost (ad œœd as .pro-.
vidcd in Subp:u~ 5.2.3) is ~ by the lowest bona
Ode bid or ncgoåaœdproposal, the Owner shall:
.1 give writœn approwI of an ~ in such fixed
limit;
.2 authorize, rebidding i:>r renegotiating of thc: Project
within a I'CISOnable time;
.
.3 if the Pro ca is ab:mdoncd, tcrminaœ in 2CCOIdmœ
with P=qJraph 8.3; or '
A coopccItC in revising the Project scope and quaIf1y as
rcquiR:d to reduce the ConstructIon Cost.
5.2.S If the Owner c:booses to proœed under Cause 5.2.4.4,
. the An:hiœa, withow !lMltfoœl charge, shall modify the Çon-
traa Documents as ncc:cssary to comply with the ftxaIlImit, if
csablishcd as a condition of this Aßr=Dcnt. 'Ibe modlfiClåon
of ConU'2Ct Documents shall be the limit of the Aa:hiœa's
responsibility arising out of the cst2bUshment of a fixed limit.
The Architect shall be entitled to compcns:mon in aa:ord:lnœ
with this AØrecmcnt for :111 services pcrfonned whether or not
the Consuuc:åon Phase is commcnœd. .
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
sp~aFlCA TlONS AND OTHER DOCUMENTS
8.1 The Dc&wings, SpcdficlIions and other documents pre-
. p:an:d by the Archiœa for this Project an: insauments of the
Architect's service for use solely with respect to this Project
and, unless otherwise provided, the Archiœa shall be deemed
the author of these documents and Shall n:I2in all common law,
St2tUtOry and other resc:rvcd rights, induding the copyright. .
The Owner shall be pennitted to n:I2in copies, incJuding repro-
ducible copies, of the Aldùœa's Drawings, SpcdfiCltions :and
other cIocuments for information and reference in conncc:tion
with the Owner's use and occupancy of the Project. The Archi-
tect's D1'2wings, SpedfioriOns or other documents shall not be
used by the Owner or others on other projc:as. for additions to
thisPro~~~~oomthisPro~by~~~
the Architect is adjudged to be in dcf3uIt under this Agreement,
c:xcept by agreement in writing and with appropriate compen-
sation to the AR:hiœa.
8.2 Subrrus,gon or distribution of cIocuments to meet oflidal
regulatory n:quirements or for similar purposes in c:onncaion
with the Project is not to be consuucd as pubHation in der0ga-
tion of the Archiœa's resc:rvcd rights.
ARTICLE 7
ARBITRATION
7.1 Claims, disputes or other matœIS in question betwœn the
. parties to this Agreement arising out of or rcIaång to this Ap:e-
ment or bn:ac:h thereof shall be subject to and decided by arbi-
tmion in accordance with the Consauaion Industry Arbia:a-
tion RuIc:s of the American ArbIa2åQn AssOdadon cuaœdy in
cffi:ct unless the panics mutUally ap:e otherwise.
7.2 Demand for arbIU2tion shall be ßIcd in writing with the .
. other party to this Aøreemem :md with the AmcricIß ArbIma-
åon Assodation. A demand for arbiU'adOD sbaII be made within
a n:øonablc dine afœr the c:bim, dispute ~ other 1DIIIœr- in
qucsåOn has arisen. In no cvaJt sbaII the d~ for arbItaIion .
,be made atœr the d3tc when insUaJdon of IcpI or cqubbJe
proœcdJngs b:øcd on such daim, dispute or od1cr IDIIIœr in
question ~ be b:Im::d by the ~Ie SI:iIIUœS mil"';""'" "IS.
7.3 No arbitmion arising out of or relating to this Ap:ancnt
shall indudc, by consoHcbtion, joinder or in any other manner,
:m additioß21 pc:ISOß or entity not a party to this, Agreement,
AlA aaa-IT 8141 . OWNIIRoARCHmcT AGIUIIMI!N1' . POURTI!IIHIH EDmON . AlA- . @1987
THlAMIIRICAN INSTITUI'IOP ARCHITECTS, 1755 NlWYOIIItAVIINUI,N.w., WASHJNGTON, D.c. 20006
1141-1887 8
WAIDIIiICI: Un...."" IhIMI a a a}. ,11".-- u.s. ........... ....... .. 8U11 8Ct'" ....... 1 { dIan.
.
c::m:pt by wrincn consent contlining a spedðc: rcferenœ to
. this Agreement signed by the Owner, AR:hiœa, and any other
. pczson or entity sought to be jOined. Consent to arbia:uion
involving an addldonal pczson or entity sb211 not consaCUte
conscm to arbia:låon of any cbim, dispute or orhcr nwta' in
question not described in the wrincn consent or with a pczson
or entity not named or described therein. The fpœgoing aøx=-
ment to arbiuaœ and other agreemenrs to arbia:uc with an
additional pezson or c:ruity duly consented to by the parties to
this Agæement shall be speci.licl11y enforceable in aa:ord:mce
with applicable law in any court having judsdlCtion then:of.
7..4 The award rendered by the arbiU2tOr or amiU2tOIS shau be
. final, and judgment may be entered upon it in accord:mce with
appÜClble law in any court having jurisdiCtion thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
L 1 This AgrI:ement may be terminated by either p21ty upon
. not less than seven days' written notice should the other p21ty
fail substantially to perform in accordance with the terms tif this
Agœcneru: through no f.wJt of the party inidating the tem1inaIion.
8.2 [f the Projc:a is suspended by the Owner for more than 30
consecutive days, the A1'd1itc:a shall be'compensated for ser-
vices performed prior to notice of such suspension. When the
Project is resumed, the A1'd1iœa's compensation shall be equi-
I2bly 2d UStCd to provide for c:zpcnsc:s incurred in the inœrrup-
tion and resumption of the A1'd1iœa's services.
8.3 This AgrI:ement may be temJitWcd by the Owner upon
not less than seven days' wri~ notice to the Atd1iœa in the
event rha the Project is pertlJ2Dendy abandoned. [f the projca
is abandoned by the Owner for more than 90 consecutive days,
the AId1iœa may [cøninaœ this AgrI:ement by giving writœn
noåce.
L4 F2i1ure of the Owner to make paymenrs to the AId1iœa in
aa:ord:mce with this AgrI:ement shall be considered substantial
nonpcrformmce and cause for [crm.inarion.
8.5 [f the Owner fúJs to make payment when due the Atd1i-
tea for services md c:xpc:nscs, the.Ard1itea may, upon seven
days' written notice to the Owner, suspend pcrfonnmce of ser-
vices under this Agn:anent. Unless payment In full is n:ceived
by the Architect wirhin seven days of the dare of the notice. the
suspension shall take effi:a without further notice. In the event
of.;¡ suspension of services, the Archiœa shall have no liability
[0 the Owner for delay or dama8c caused the Owner bccwse
of such suspension of services.
La In the event of tenninadon not the fmk of the: An:hlœa,
the Ard1Iœa shall be compensaœd for sc:rvtœs performed prior
. to termin:Uion, COØCEher with Rcimbwsablc Expenses then due .
and all Tenninadon Expenses as dcðncd In PmøøPb 8.7.
L7 Tenninadon Expcnsc:s an: in addldon to compcnsuion for
Basic and Addldonal Servta:s. and 1ndudc expcnsc:s which an:
düa:rIy aaribuabIc to taminadon. Taminadon Expenses shall .
be compuœd as a pera:ntIØC of the tOtd comr-"'lÏO'1 for
Basic SaYiœs and Add1dona1 Sc:rvta:s e:aned EO the rime of tefo .
minIEion, as foJJows:
.1 Twenty paa:nt of the tOl21 compcnsadon for 8IIsic
and AddlIiona1 Services c:amed to date it tennin:Uiori
ocx:ws before or during the pn:daign, site:m:dysis, or
Sc:henwic Design Ph3scs; or
.
.2 Ten percent of the tOal compcnsaåon for B:Isic: and
Additional Sc:rvices c:uncd to dare if tt'!ftTIin!lrion
ocxws during the Design Devdopment Phase; or
.3 FIve pen:cnt of the tOal compensation for Basic and.
AddItional Services caned to daœ if [eøninaåon
ocxws during any subsequcot pha5e.
ARTICLE 9
MISQ=II .4NEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shau be gov-
erned, by the law of the prindpal pl2ce of business of the
AId1iœa.
9.2 Terms in this Agteement shau have the same mc:aøing as
those in AlA Document A201, Genc:r:U Conditions of the Con-
tract for ConsUUCåon, cum:n[ as of the daœ of this Agreement.
9.3 Causes of action between the parties to this Agreement
penaining to aas or failures to act shall be deemed to have
accruc:d and the apptiC2ble Sl2tUtCS of limitUions shall com-
mence to run not later than either the date of SubsWUial Com-
pletion for aas or failures [0 act occurring' prior [0 Substantial
Completion, or the date: of issuance of the fmal Certificate' for
P2yment for aas or failures [0 act occurring after SubstmEial
Completion.
9.4 The Owner and An:hJECCt W2ive all righrs apin5t c:u:h
orhcr and against the COnU2CtOIS, consultanrs, 3IJCEus and
employees of the other for dam:Iges, but only to the exrcnt cov-
ered by property insurance during consuuaion, except such
rigbrs as they may have to the proceeds of such inswaøce as set
fom in the edition of AlA Document A20 I, General Conditions
of the Conmaa for Consuuction, cum:nt as of the dare of this
Agœement. The Owner and Atd1iœa c:u:h shall require similar
waivers from their COnU2CtOIS, consultmrs and :.qp:nrs.
9.5 The Owner and An:hiœa, 'n:spcctiveiy, bind themselves,
their parmc:rs, successolS, assigns and legal representUives [0
the other p3Ity [0 this Agn:anent and to the partners, suca:s-
SOlS, assigns and legal repn:sc:rit:låves of such other p21ty with
teSpeCt to all covenanrs of this Agreement. Neither Owner nor
Aft:hitect shall :JSSign this Agreement withoUt the writœn c0n-
sent of the other.
9.8 This Agreement represenrs the enåle and inœgr:aœd 3gn:e-
mcnt between the Owner and Architect and supc:rscdcs all
prior negøEiaEions. represenl2Eions or agrccmc:nrs, either writ-
ten or oraL 'Ibis Ap:ement may be amended only by written
lnsU\IIDeDt signed by both Owner and ArchiEcct.
9.7 Nothing contained In this Agreement sha11 cre:aœ ~ conax-
mal rc:I:uionship with or a cause of aaion In favor of a third
party a JIinst, either the Owner or Archiœa.
... Unless otherwise provided 10 this Aøl=nent, the: M:b1œc:t
and AR:hiœa's consultmø shall have no responsibility for the
dJscxm:ry, pn:scnœ, þmdHI'I& n:IIIOV21 or dIsposd of or expo-
,SUleofpeøons EO lm:Irdous maœri:Ils In any form at the Projca
- indudInø but I1(X Umiœd to ~ asbesrDs pmducIs, .
. 'POIYd1IOdn:aai bIphmyI (PCB) or orbcr taD: '51 ~
... The Archlœcr.sh:a11 have d1c riØbt EO Indude ...p...-ma-
dons of the design of the PIOjc:a, Indudlnø pborogøphs of the
, eaerior and Inraior, among the Aft:hiœct's promoEion:l1 and
. pmfasion:d mø:na1s. The An:biœa's maœria1s shall not
include the Owner's confidential or proprietary Information it
the .Owner has previously advised the AR:hlECCt In wridng of
7 8141-1887
AlA noa~ .,., . OWNllt..uatmCT AGIIIIIMIIHr . POtIAIIIA&'f1R mmoN . 1lJA8 . 01987
niB AMI!IUCAN INSTITUTE 0' AICHI1'I!CTS. 173' NIW YORIt AVINtII. N.W.. WASHINGTON. D.c. 20006
~ U"""'" ,Ai J 11 I ,I..'" ........ u.s. ....,........... .. .... to ..... ,. f T 1 ~
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the spedtIc infommion considen:d by the Owner to be confi-
dential or propriel2ry. 'l11e Owner sh2f1 provide professional
cn:dir for the Arcbirca on the construction. and in the pro-
moåonal maœriaIs for. the Project.
ARTIa.E 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNa. EXPENSE
1 0. 1. 1 Direct PeIsonnei Expense is defined as the din:a
salaries of the Archirca's personnel enøagc:d on the Project and
the portion .of the cost of their I112Ddatory and custOmary con-
tributions and benefits related theretO, such as employment
wœs and other stUUtOry employee bendits, insur2nce, sick
(Clve, holidays, vacations, pensions and similar contributions
and benefits.
10.2
REIMBURSABLE EXPENSES
--
\~.~)
10.2.1 Reimbursable Expenses an: in addition to compensa-
tion for Basic and AddItional Services and indude aPcnscs'
incurred by the An:hitect and An:hirca's employees and con-
sultants in the interest of the Project, as identified in the follow-
ing C1ausc:s.
10.2.1.1 Expense of transpOnation in connection with the
Project; expenses in connection with aUthorized out-of-rown
tt:IVei; long-distance communications; and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, posage and h2ndling of
Drawinøs, Sp-iRl"!lrinru¡ and other documentS.
,
1 0.2.1.3 If authorized in advance by the Owner, e:xpcnsc of
overtime ~rk n:quiringhigher than reguJar raœs.
10.2.1A Expc:nsc of n:ndcringl. modds and mock-ups requcsœd
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limitS,
induding professional li2bility insurance. requested by the
Owner in c:xa:ss of tha normally curic:d by the Arcbirca and
An:hkect' 5 consuIcanES.
10.2.1.8 Expense of computer-aided design and drafting
equipment time when used in connection wirh the Project. .
.
1G.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
1G.3.1 An .inirfa1 payment as set forth .in ParagcIph 11.1 is the
minimum payment under this Agleemct1L
1G.3.2 Subsequent payments for Basic Scrvicessh:&1l be made
monthly and, where appJiabJe, sh2f1 be in propordon to ser.
vices performed within each phase of scmœ. on the basis SCI
forth in Subpangraph 11.2.2.
10.3.3 Ifand to the cxœnt tha the time iniåa1Iy CSl2bJfshed In
Sub Tdiagaaph 11.5.1 of t1m AgreI:mem is O"~ or ~~
through no fmk of the Arcbirca. com~5"tion for any ser-
vices rendered during the additional period of time sh2f1 be"
computed in the manner SCI forth in Subparagraph 11.3.2.
10.3.4 When compcnsadon is based on a percentage of Con-
struction Cost and any portions of the Project an: cldctcd or
otherWise not consuucœd, com~nfor those portions of
the Project shall be payable to the extent services an: per-"
formed on those portions, in accordance with the schc:du1c set
forth in Subp2ragraph 11.2.2, based on (1) the lowest bona fide
bid or ncgo£iatcd proposal, or (2) if no such bid or proposal is
rc:ccived, the mOSt recent preliminary csdmare of Consauaion
Cost or dccú1cd estimate of Consuuctíon Cost for such; por-
tions of the Project. .
PAYMENTS ON ACCOUNT OF ADDmONAL
SERVICES
10.4.1 PaymentS on account of the Architect's AddItional
Services and for Reimbursable .Expenses shall be m2dc monthly
upon presencuion of the Architect's StUcn1ènt of services ren-
dered or. c:xpc:nscs incum:d.
10.4
10.5 PAYMENTS WITHHELD
1 0.5.1 No dcdw:tions shall be rmde from the Architect's com-
pensation on account of pcnidty, liquidated dam3gcs or other
sums withheld from paymcotS to contractors, or on account of
the cost of c:hanp in the Work other than those for which the
Architect h2s been found to be liable.
10.8 ARCHITB:T"S ACCOUNTING RECORDS
.10.8.1 Records of Reimbursable Expenses and c:xpc:nscs per.
t2Ï1ùng to Addiåon:d Serviœs and scrviœs perfonncd on the
basis .of"a muldple of DiR:a Personnd Expense shall be awil-
able to the Owner or the Owner's authorized n:presencuive at
mutUally convc:nicnl: times.
ARTIaJ! 11
BASIS OF CO"" TlON
'l11e Owner shall compcnsarc the An:hfœa as.foJ1ows:
11.1 ANINlTIALPAYMENTof No. DoJbø(1 O. 00
shall be made upon ~åOB. of this Ap:emcnr and acdIœd to the Owncr's account at 6na1 payment.
. 11.2 IA8IC CO..BUTION
11.2.1 FOR BASIC SERVICES, as dcsc:ribedln Aråde 2, and anyorbcrscrviœs Jnc:IiJdcdlnAnfdc 12 as pm ofB8ic Sema:s. Basic
Compcnsaion shall be c::ompuœd :IS follows:
('-t -- of.- 4- r 'M. irrdlltiilrl r"""'-a-J --. WIIIiIIpI8 or p...
~J
"""J
)
II r I I11III ~ ,... 10 ..... ,....,. IIIIfbDIfI of œ...,a J
'-~if
AM øac:u-.T .,.., . OWNl!lt-AllClmcf AGIIJIDIDn'. FOtJRTIIIIImIl!DmoN. AlA. .4111987
THlAMIIUCAN INSTITUTBOP ARCHITICTS, 1735 NlWYOlUtAVllNUl.N.W.. WASHINGTON. D.c.zOClO6
8141-1987 8
.......-: UòlllO8il""". IIIølr Clr'oll" ¥lallll8u.s. CIIIItIIIM""""""" to""'...1 c.AIa4L
.
.
. 11.2.2 Where c:ompens2liOn is based on a stipuJaœd sum or perœn. of Consauaion Cost, progn::ss paylDenfS for Basic Servia:s
in c:Id1 phase sha1l tOtal the following ~ of the tOtal Basic CompensaIion pay2bJe:
(I-' ...~ ',..,J p/IIø8 .. .... "IìII&)
..~
-""
Thirty Six Thousand and no/100 Dollars ($36,000)
Sc:hc:maIic Desiøn Phase:
Desiøn DegeIopmc:nt Phase:
ConsIruc:åon Docuœcnrs Phase:
Bidding or Negodation Ph3se:
Consauaion Phase:
Total Basic Compensation:
Twenty Five
Twenty Fîve
.Thirty
Five
Fifteen
pc:rœnt(25%) .
pc:rœnt(25%)
pcra:m(30%)
pc:rœnt(05%)
pc:rœnt n 5 %)
one hundred pc:rœnt (100%)
11.3 COIIPENSA T10N FOR ADDmONAL SERVICES
11.3.1 FOR PROJEcr REPRESENTATION BEYOND BASIC SERVICES, as described in Paragr2ph 3.2, compensation shall be com-
puted as follows: . . .
Referen~e Attached Fee Schedule
(Exhibi t B-)
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITEcr, as described in Articles 3 and 12, other than (1) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding
services of consull2DtS, compensation shall be computed as follows:
(1- bIøU of œmpøtMlftm. indtulbrll _1IIIIIbr mum,.. of Dlr«t i'f'rsrJIIMI EJqwrIø fo" Prlrr&If1IIÚ øM -p1Dyø6. IIIIIIldMUIfy Prlrrt:ipIIb øM ~fy
....,.".. if rwpdrrtd. /dMUif1 spcifit: arroit:a 10 _leII ptJIfiaIkI,. _bods of œmpøtSllliOll tlppiy. if~)
:~y
11.3.3 FOR ADDmONAL SERVICES OF CONSULTANTS, including addItIorW suuc:tural. mc:chmial:md electrial c:nginec:ring
serYic:es'and those provided under Subp:¡ngmph 3.4.19 or idcnåficd in Anic1e 12 as pan of AddIåOnaI Serviœs, a multiple of
1 . 1 5 ( 11 5 % ) times me amounrs billed to the An:hiœa for such serviœs.
(/*"'1/1 spcifk ",. of ~ br ÑfIC8 /2. if ,.",.rwI.)
. 11 A RElM8lRSAaE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in P2ragcIph 10.2, :md any o~ itemS included in Anicle 12 as Reimbwsab1e
Ezpenses, a muldple of - . ( -=- .) times the expenses incum:d by me Archiœa, the An:bIœct's
cmpJoya:s and c:onsuItIuui. Ü1 "'flit inœrest of me Project.
11.5 ADDIT1ONALPROVISIONS Reference Prof~ssional
11.s.1.IP'nIEBASlCSERVlCEScov=:dbythisAø=menthaYenocbccnmmplcœdwith1n Serviçes Proposal- Exh. A
( ) moatbs of the daœ hereof, duouøb no f:wIt of the Archiœa, ~$ÍQD of the ArchIa:ct's servtœs beyond that åmc: shall be
~p-"'~ as provided in Subplløøraphs 10.3.3 and 11.3.2.
11.5.2 h, ....,(IfS are due and payIbJc T h i r t y ( 3 0 ) c;Iays from the dale of the Archiœct's invoice.
AmouDfs UDpIid T h i r tv' (' - 3 0 ) days after the invoice' cbœ sha1l bcIr inIas at the I2IC enœn:d below, or
in the abIencI: thcœof at the k:pI !:de prevdng JíOïn dDietO time at the ptindpII plaa: of business of the ArchiœcL
(I-' ,.,. of ...., .... 1I{ItIII.)
flbw7'-1IIId .~J;J......4 """..,..,..,. 7)u b br I.øIdIIrtl Act, IbrIIiIIr ...1IIItt1octll œ....--awIII ,..1IIItt0llllr..."A'-v. III II» aa--:r IIIId A.-.
,.,:r f1I*td/1III pi.- of"""" ,.. I«1IIIitJII of II» Proj«I IIIItt ....... /8711/fØ II» IItIIIIIIIy of - pPf1CÜtJ1II. S¡8I/It: IltJtllIIIIIIIø sbøIIId ,. oI1IIIiMØ IIIIIb
,.."., ID ..... or ~ IIIItt IIIIø ....... r'IIfIII*-" SIII!b .. UIPÎIIIII dIIdt16ø8 or "",....)
'.3
I 8141-1187.
AlA DDCIII8iIT 8141 . OWNIR-ARCHmCT AGRIII!MI!N'I' . FOUJtTI!IN11f EDmON . AJA8 . 01987
~AMI!IUCAN INSTITtJTBOP AROIIT1!CTS, 1735 NllWYORlCAVINUJ!. N.W., WASHINGTON. D.c. 20006
--.a.: Unllo............ _"
11111 .........11S.. --- .... aNI .. - III ...... -
. .
.
.
")
11.5.3, The rarcs and multiples set forth for Additional Services s1W1 be annU2l1y adJusted in accordmce with, normal 53Iary review
pl2Ctices of the Architc:Ct.
ARTla.E 12
OTHER CONOmONS OR SERVICES
(I"'" d8criptIotø olOtbl1r.fllPVic:w. iMNilY AdIIIlIotuI SimItc8 ¡1IdIiIiaI U1iIbht ø.,;,: CoMpIfu I'*'" .. ~ IQ ,. /lIlY-' 02IIII ~ ,.",.
i1lCÜldtlrl ¡II tbI6 ~) ,
12.1
"
Reference Exhibit C "Addendum to Standard
Form of Agreement Between Owner and Architect"
for modifications to this agzeement.
This agreement_incorporates by reference the,
provisions of !xhibits A, B,,' and C, attached
hereto.
, : )
11û$ Agreement entered intO as of the day and year tùst written abOve.
OWNER
(3"I&nIrIunr)
¿-fit'old ç. Tutu/lie 'TIl,' Ma..:Jor
("""'" ,."". tIIf tUJø) "
.
:J
m CAUTION: You should .en an oraglnal AlA document which ha., thl. caution prtnted In red.
IMIiI An original 888U1'88 that changn will not be oblcunld a. may occur when documen18 a.. ..prodUC8d.
.. DOC:U-.T at.t . OWNIR-ARCHITEcr AGRI!I!MI!NT . fOURT!I!NI1I EDmON . AlA8 . 01987
11ΠAMIIIIICAN INSTI11JT! 0' ARCHITECTS. 1735 tmr YORK AVI!NUI. N.w., WASHINGTON, D,c. ZOOO6
1141-1987 10
_JeL u""""'" ItI 1 ulllfll."""'" u.s. ~.................. 18!111 PR "A_-"
.
sri
.
.
January 6, 1999
January 19, 1999 (** Revised)
EXHIBIT A
Wayne Saunders
City Manager
P.O. 'Box 120219
Clermont, Florida 34112-0219
Re: . City of Clermont New Main Fire Station
Professional Services Proposal
Wayne
We are delighted to have been chosen as your professional design consultant for the above referenced
project and offer the following proposal based on our understanding of the project requirements for your
review and comment. . -
I.
Scope of Project
Development of a new Main Fire Station located between S. R 50 and Chestnut in the aty of
Oermom. The total project budget for the facility is $500,000, which is anticipated to be broken
down per Section V of this proposal. The facility will be approximately 3100 sf, and at $ 95 per
sf has a construction bUdget of $.351,500. . .
ß.
Scope of Basic Services
sri shall provide complete professional design services for this project including civil engiIieering,
landscape architecture, architecture, structural engineering, mechanical engineering, fire protection
engineering, and electrical engineering suitable for obtaining building permits and construction
with the following tasks:
A Pre- Design (PD) . .
1. Meet with City represent4live& to determine ~'Il needs, goøIs œul objectives.
Develop Buiú/ing Program plU'SlUlllt with ületmfted needs (**) .
2. Coordinate geotechnical consultant to obtain suIHurfaœ soils' data per Section ill of this
submittal-..
3. Coordinate survey conSultant to obtain site survey' dåta per Section ill of this submittal
4. Identify all permitting andjurisdictional constraints
5. Deliverable&; 7 copies of,.epmt (-) .
B. Schematic Design (SD)
. 1. Develop alternative schematic site plans
2. Develop alternative schematic floor plans
3. Develop alternative schematiç elevations
4: Develop schematic building sections
5: Prepare outline specifications .
6. Prepare estimate of probable cost
1. Present scl1emåtic design to staff / commission .
8. Deliverables- to include a color rt:nderedsite pJan, color rendered floor pJan, color
rendered elevations and a color rendered pg~p;Ctive. . .
. 9. Deliverables; 7 sets of drawings (**)
. .
890 Northern Way
Starmer Raaaldi Planning and Architecture Inc. AA-002984
SuiteE-l WinterSprings.F1orida32708 Phone407977 1080 Fax4079771019
City of Clermont New& Fire Station Fee Proposal
January 6, 1999 - Page 2 (Revised 1/19/99)
C. Design Development (DD)
1. Develop drawings to 50 % complete
2. Develop specifications 50 % complete
3. Prepare estimate of probable cost
4. Contblct Project Progress Meetings with City representatives a mininuun of once every
two weeh (**)
5. Present design development phase to staff / commission
6. Deliverables; 7 sets of drawings and specijiœtions (**)
.
D. Construction Documents (CD)
1. Prepare :final construction drawings
2. Prepare final construction specifications
3. Prepare :final estimate of probable cost
4. AlA general conditions and instructions to bidders to be utilized
5. Assist in obtaining building permits and approvals from jurisdictional agencies
7. Condlu:t Project Progres.r Meetings with City representatives a mininuun of once every
two weeh (**)
8. Present construction documents to staff / commission
9. DeliveralJles; 10 sets of drawings and spedjü:tltions (-)
E. Construction Administration (CA)
1. Interface with Owner regarding bid procedures/requirements
2. Hold pre-bid conference
3. Assist owner with bid review and recommendation for contract award
4. Hold pre-construction conference
5. Review and approve shop drawing submittals
6. Provide periodic problem solving
7. Provide wœkly site visits tblring construclÜJn phase and øltend Project Progress
Meetings held by contractor once every two week&. (**)
8. Review and approve contractor application for payment
9. Develop final punch list
10. Assist owner with obtaining all project close out documentation
m Scope of Additional Services
A The following services are typically considered beyond the scope of basic architectmal
services. Due to the nature of this project ~d at the request of the Owner sri will coordinate
the listed services. For Items 1 and 2 listed below sri will procure three professional fee
proposals from regional firms licensed to peñorm said services. Items 1 and 2 will be
coordinated by sri with the City of Clermont's Purchasing Department and will be conttacted
directly with the City of Clermont through their standard Purchase Older procedures. The
consultant providing service under Item 3 noted below will be conttacted by sri and listed
separately as an invoice item for tracking.
1. Provide boundaIy survey and topographic survey 50 feet
beyond property lines and to the centerline of SR #50;
depicting existing site improvementsIstructures, and utility
interfaces to include storm drainage, sanitaIy sewer, and
water connection pomts (invertsIpipe size)
2. Provide standard penetration borings to undertake
geneml foundation evaluation, provide adequate hand
auger borings to evaluate rear and front pavement areas
and retention pond areas, conduct permeability test in
retention areas, conduct Jaboratoty testing of soil index
properties. Note that construction testing is not pu1 of this
service will be included in the contractor's scope of work.
Contractor's testing agency will be subject to approval by
Owner and Architect.
$2,900
$1600
. '
VI.
City of Clermont :New 8 Fire Station Fee Proposal
January 6, 1999 - Page 3 (Revised 1/19/99)
.
3. Provide emergency signal design at SR 50 and coordinate
work with Department of Transportation.
$8,000
B. The following services are considered beyond the scope of basic services and can be provided
by sri upon confirmation of scope and written authorization by the owner:
1. Models
2. Renderings beyond marker presentations to be provided for staff! commision reviews
under Items renderings noted in item
3. 3D modeling, graphics, flyarounds, videos
4. Interior furnishings design and acquisition
5. Expert witness /legal testimony
IV.
Schedule of Semces and Fees
A Pre Design (PD)
B. Schematic Design (SD)
C. Design Development (DD)
D. Construction Documents (CD)
E. Construction Administration(CA)
TOTAL FEE
4 weeks
4 weeks
6 weeks
12 weeks
As Reqd
$ 1,800
$ 7,200
$ 9,000
$ 12,600
$ 5.400
S 36,000
v.
Preliminary Budget Outline
A Professional Fees (Section N Above)
B. FeeslPermits (Building Permit, Water
Management Application, FDEP Water,
FDEP Sewer, DOT Drainage, DOT Driveway
Connection. Note that impact fees are
not part of this item)
C. Additional Services:
Survey, Geotechnical, Signal Design (Section ill Above)
D. Furniture Fixtures andEquipment (FFE)
?OAt Allocation
E. Contingency-l0percent
F. Building Construction
TOTAL PROJECT BUDGET
$ 50,000
$351.500
SSOO,OOO
$ 36,000
$ 15,000 .
$ 12,500
$ 35,000
Clarifications
A The fees quoted herein are based on the construction budgets as estimated in Section V. above
and should the scope change significantly additional compensation may be warranted.
B. Furniture Fixture and Equipment allocation noted in Section V excludes fire fighting
appamtus, cascade system, dispatCh 911 system, and exercise equipment
C. Section V., Items B, C, and D are estimates to be confirmed during the Pre-Design Phase.
We trust this proposal will be well received and we look forward to helping you make this exciting project
a great success.
.
.
.
.
sri
EXHIBIT B
1 January 1999
Starmer Ranaldi Planing and Architecture, Inc.
Standard Hourly Rates
1.
Principal
. ... . . . . . . . . . . . . . . . . . . . . . . .$ 95.00
2.
Project Manager
. . . . . . . . . . . . . . . . . . .. 80.00
3.
Project Architect
. . . . . . . . . . . . . . . . . . .. 70.00
4.
3D CADD Modeling. . . . . . . . . . . . . . . . . . .. 70.00
5.
Senior CADD Technician. . . . . . . . . . . . .. 60.00
6.
Junior CADD Technician. . . . . . . . . . . . .. 40.00
7.
Word Processing
. . . . . . . . . . . . . . . . . . .. 25.00
8.
9.
Expert Witness
. . . . . . . . . . . . . . . . . . . . 180.00
Speaking I Lecturing. . . . . . . . . . . . . . . . . . . . 100.00
890 Northern Way Suite E 1
Winter Springs, Florida
32708
. .
.
.
"EXHffiIT C"
ADDENDUM TO
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ARCHITECT
Notwithstanding the provisions contained in Standard Form of Agreement Between Owner
and Architect ("AGREEMENT") between CITY OF CLERMONT ("OWNER") and
STARMER RANALDI PLANNING & ARCHITECTURE, INC. ("ARCHITECT"), the
following provisions shall be in effect as modifying the terms of said "AGREEMENT":
1.
Paragraph 2.4.2 is amended to read:
2.4.2 The "ARCHITECT" shall prepare the necessary bidding information,
bidding forms, the Conditions of the Contract, and assist in the preparation of the
form of the "AGREEMENT" between the "OWNER" and Contractor.
2.
Paragraph 2.4.4 is amended to read:
2.4.4 The "ARCHITECT" shall prepare documents for filing and file documents
required for the approval of governmental authorities having jurisdiction over the
Project.
3.
Paragraph 2.5.1 is amended to read:
2.5.1 The "ARCHITECT", following the "OWNER'S" approval of the
Construction Documents and of the latest detail estimate of Construction Costs,
shall obtain bids for the "OWNER" and assist in awarding and preparing contracts
for construction.
4.
Paragraph 2.6.1 is amended to read:
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 terminates upon final acceptance by "OWNER"
unless extended under the terms of Subparagraph 10.3.3.
5.
Paragraph 2.6.4 is amended to read:
2.6.4 The "ARCHITECT" shall advise and consult with the "OWNER" (1)
during construction until final acceptance by "OWNER", and (2) as an Additional
Service at the "OWNER'S" direction from time to time during the correction
Page 1
.
.
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.
6.
Paragraph 2.6.10 is amended to read:
2.6.10 The "ARCHITECT'S" certification for payment shall constitute 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 Payment, that the Work has progressed to the point
indicated and that, to the best of the "ARCHITECT'S" knowledge, infonnation
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 subsequent tests and inspections, to minor deviations from the Contract
Documents correctable prior to completion and to specific qualifications
expressed by the "ARCHITECT". The issuance of a Certificate for Payment shall
further constitute a representation that the Contractor is entitled to payment in the
amount certified.
7.
Paragraph 2.6.11 is deleted in its entirety.
8.
Paragraph 2.6.12 is amended to read:
2.6.12 The "ARCHITECT" shall review and approve or take other appropriate
action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples. The "ARCHITECT'S" action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the construction of the
"OWNER" or of separate contractors. When professional certification of
perfonnance characteristics of materials, systems or equipment is required by the
Contract Documents, the "ARCHITECT" shall be entitled to rely upon such
certification to establish that the materials, systems or equipment will meet the
perfonnance criteria required by the Contract Documents.
9.
Paragraph 2.6.13 is amended to read:
2.6.13 The "ARCHITECT" shall prepare Change Orders and Construction
Change Directives, with supporting documentation and data if deemed necessary
by the "OWNER" or 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
Page 2
10.
11.
12.
13.
14.
15.
16.
.
.
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.
Paragraph 2.6.17 is hereby amended to read:
The "ARCHITECT'S" decisions on matters relating to aesthetic effect shall be
final if consistent with the intent expressed in the Contract Documents upon
approval by "OWNER".
Paragraph 2.6.19 is deleted in its entirety.
Paragraph 3 .1.1 is amended to read:
3 .1.1 The services described in this Article 3 are not included in Basic Services
unless so identified in Article 12, and they shall be paid for by the "OWNER" as
provided in this "AGREEMENT", in addition to the compensation for Basic
Services. The services described under Paragraphs 3 .2, 3.3 and 3.4 shall only be
provided if authorized or confirmed in writing by the "OWNER".
Paragraph 3.2.2 is amended to read:
3.2.2 Project Representatives shall be selected, employed directed by the
"ARCHITECT" and approved by the "OWNER", and the "ARCillTECT" shall be
compensated therefore as agreed by "OWNER" and "ARCHITECT".
Paragraph 3.3 is amended to read:
3.3 OPTIONAL ADDITIONAL SERVICES UPON APPROVAL BY OWNER
Paragraph 4.2 is hereby amended to read:
The "OWNER" shall establish and update an overall budget for the Project.
Paragraph 4.3 is deleted in its entirety.
17.
Paragraph 4.5 is amended to read:
4.5 The "OWNER" shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal
Page 3
18.
19.
20.
21.
22.
23.
24.
25.
.
.
description of the site.
Paragraph 4.6 is amended to read:
4.6 The "OWNER" shall furnish the services of geotechnical engineers when
such services are requested by the "ARCHITECT" and approved by "OWNER".
Such services may include but are not limited to test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous
materials, ground corrosion and resistivity tests, including necessary operations
for anticipating subsoil conditions, with reports and appropriate professional
recommendations.
Paragraph 4.6.1 is amended to read:
4.6.1 The "OWNER" shall furnish the services of other consultants when such
services are reasonably required by the scope of the Project and are requested by
the "ARCHITECT" and approved by "OWNER".
Paragraph 4.7 is amended to read:
4.7
The "OWNER" shall furnish tests, inspections and reports required by law
or the Contract Documents.
Paragraph 4.8 is deleted in its entirety.
Paragraph 4.9 is amended to read:
4.9 The services, infonnation, surveys and reports required by Paragraphs 4.5
through 4.8 shall be furnished at the "OWNER'S" expense, and the
"ARCHITECT" shall be entitled to rely upon the accuracy and completeness
thereof. The "ARCHITECT" shall promptly advise "OWNER" of completeness of
data and his acceptances thereof.
Paragraph 5.1.2 is deleted in its entirety.
Article 7 Arbitration, is deleted in its entirety.
Paragraph 8.5 is amended to read:
8.5 If the "OWNER" fails to make payment when due the "ARCHITECT" for
Page 4
26.
27.
28.
29.
30.
31.
32.
33.
34.
.
.
services and expenses, the "ARCillTECT" may, upon seven (7) days' written
notice to the "OWNER", suspend performance of services under this
"AGREEMENT". Unless payment in full is received by the "ARCillTECT"
within thirty (30) days of the date of the notice, the suspension shall take effect
without further notice. In the event of a suspension of services, the
"ARCIDTECT" shall have no liability to the "OWNER" for delay or damage
caused the "OWNER" because of such suspension of services.
Paragraph 9.1 is amended to read:
9.1 Unless otherwise provided, this "AGREEMENT" shall be governed by the
law of the principal place of business ofthe"OWNER".
Paragraph 9.2 is deleted in its entirety.
Paragraph 904 is deleted in its entirety.
Paragraph 9.9 is amended to read:
9.9 The "ARCIDTECT" shall have the right to include representations of the
design of the Project, including photographs of the exterior and interior, among
the "ARCillTECT'S" promotional and professional materials, upon approval by
"OWNER", The "ARCillTECT'S" materials shall not include the "OWNER'S"
confidential or proprietary information if the "OWNER" has previously advised
the "ARCillTECT" in writing of the specific information considered by the
"OWNER" to be confidential or proprietary.
Article 10.1.1 is deleted in its entirety.
Paragraphs 10.2.1.1 through 10.2.1.6, inclusive, are deleted in their entirety.
Paragraphs lOA through 10.6.1 entirety.
Paragraph 11.2.1 is amended to read:
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services
included in Article 12 as part-of Basic Services, Basic Compensation shall be
Paragraph 11.3.1 is amended to read:
Page 5
35.
36.
37.
38.
.
.
11.3.1 For project services beyond basic services, compensation shall be
computed according to the attached schedule.
Paragraph 11.3.2 is deleted in its entirety.
Paragraph 11.5.1 is amended to read:
11.5.1 IF THE BASIC SERVICES covered by this "AGREEMENT" have not
been completed by Contract Completion Date, through no fault of the
"ARCIllTECT", extension of the "ARCIllTECT'S" services beyond that time
shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
Paragraph 11.5.2 is amended to read:
11.5.2 Payments are due and payable thirty (30) days from the date of the
"ARCHITECT'S" invoice. Amounts unpaid thirty (30) days after the invoice date
shall bear inter~st at the rate" entered below, or in the absence thereof at the legal
rate prevailing from time to time at the principal place of business of the
"ARCIllTECT" .
Paragraph 11.5.3 is deleted in its entirety.
Page 6
CAPITAL IMPROVEMENTS
FACILITIES MANAGEMENT
FAIRGROUNDS
PARKS AND RECREATION
PO BOX 7800
315 W. MAIN STREET
TAVARES, FLORIDA 32778-7800
.
OFFICE OF F ACILIaS
AND CAPITAL IMPROVEMENTS
PHONE: (352) 343-9761
SUNCOM: 659-1509
FAX: (352) 343-9794
January 12, 1999
City of Clennont
P.O. Box 219
Clennont, FL 34711
Attention:
Wayne Saunders, City Manager
Reference:
Interlocal Agreement Between Lake County and City of Clennont
Dear Mr. Saunders:
Enclosed is your original executed Interlocal Agreement relating to contribution of infrastructure sales tax funds for
community recreational projects between Lake County and the City of Clennont.
Please review and give special attention to Section 2A which refers to payment for your project. Payment may be
requested partially or totally. An example ofproper documentary correspondence would be a quote for services and/or
materials from a vendor or a copy of a paid invoice(s) for services and/or materials that were used for your project.
I will process your docwnentary correspondence and forward to our finance department as soon as it is received. You
should receive a check in approximately three (3) weeks.
Upon completion of the County funded services, material and total projects, notify me so that I can personally verify
the project improvement(s).
Also, whenever possible, recognize Lake County for our funding contribution through an official ceremony, news
release, signs, etc. Your cooperation and support will go a long way for Lake County to continue providing community
recreational projects.
Ifl can be of further assistance, please contact me at (352) 343-9761.
Recreationally you(îrs
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Chuck Pula
Parks & Recreation Manager
CP/ca
DISTRICT ONE
RHONDA H, GERBER
DISTRICT TWO
ROBERT A. POOL
DISTRICT THREE
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE C. HANSON
DISTRICT FIVE
WELTON G. CADWELL