HomeMy WebLinkAbout1996 06 10 Consent Item C
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COMMISSION AGENDA
ITEM C
REGULAR
CONSENT X
INFORMATIONAL
June 10. 1996
Meeting
REQUEST: The General Services Department requests approval by the City Commission to
authorize the City Manager to enter into a contract with Ralph Hahn and
Associates, Inc. for $3,900 to conduct a generalized review of the City Hall
telephone system with recommendations for equipment upgrades and improved
levels of service.
PURPOSE:
The purpose of this agenda item is to obtain City Commission approval and
authorize the City Manager to enter into a contract with Ralph Hahn and
Associates, Inc. of West Palm Beach, Florida to provide the services identified in
the May 23, 1996 letter for $3,900.00.
CONSIDERATIONS:
The City's current telephone system is twelve (12) years old and functionally
obsolete. The six lines coming into City Hall are inadequate to satisfy demands
and the number of switches is inadequate to handle the number of calls/transfers,
etc.
The new John Govoruhk Public Safety Building needs professional design of the
telecommunications system in order to maximize the system configuration.
All of the satellite city offices such as the Parks and Recreation Department, Fire
Department and Public Works Department require professional
telecommunications system design to ensure coordination with an integrated City
system.
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June 10, 1996
CONSENT AGENDA ITEM ~
Page 2
The Purchasing Director of the City called numerous telephone consultants in the
Orlando area and could not find anyone without a connection to an equipment
vendor. Only Ralph Hahn and Associates, Inc. of West Palm Beach, Florida, met
this requirement.
According to the City's purchasing procedures, the City does not have to resort to
fonnal bidding if the estimated cost is under $4,000.00.
FUNDING:
The funding requirement for this professional service is $3,900. Earmarked in the 1993
Series Construction Fund is $40,000 intended for capital improvements for the Public
Safety Building and the City Hall Facility. It is recommended that this fee be charged to
this fund.
IMPLEMENTATION SCHEDULE:
Implementation would be contingent upon legal review and sign-off of the
recommendation and proposed contract. If this passes legal review, implementation of the
study would commence immediately upon signage of the contract. The work would be
implemented in sixty (60) days.
RECOMMENDA TIONS:
I. That subsequent to legal review and sign off, that Ralph Hahn and Associates, Inc. be
retained as the City telephone consultant to perform the scope of work in the attachments,
and that the City Manager be authorized to enter into a contract with Ralph Hahn and
Associates, Inc. to:
1. Verify the City's telecommunications needs through which we will define the City's
telecommunications requirements. The needs data (gathered and furnished by the
City) will be used to prepare an analysis of the current system and the benefits and
service implications of system upgrades. Typically, we may expect the following
areas of approach:
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June 10, 1996
CONSENT AGENDA ITEM -L
Page 3
a) Continue (and/or expand and enhance) the present BellSouth central office-
based incoming trunk service.
b) Upgrade the electronic key system and trunks to support the
Administration Facility requirements.
2. Meet with the City's Telecommunications and Data staffs to determine present and
future voice and data communications requirements that would be desirable by
today's ESSX service. Document the ESSX, operator equipment and services, and
the subscription features including the costs of to day's ESSX service. We will
request this data be provided by the City or service provider.
3 . Verify the kinds and types of communication channels now used, and those that
may be required between City office locations in the future.
4. Analyze various approaches to providing telephone system upgrades for the City
Administration Building from either a central office-based or a premise-based key
system. Develop comparative cost information to use in a spreadsheet analysis
covering a 10-year period to illustrate the economic impact of alternative service
arrangements.
5. Provide a written report that describes existing City telecommunications service
with recommendations for enhancements or additions. The report will define
alternative service configurations for City consideration, provide pros and cons of
the alternatives and contain an economic analysis of alternatives. The analysis will
be restricted to the specific Administration Building Telephone System. Only in
general terms will Citywide Systems be discussed. A review will be made of the
Administration Building cable plant infrastructure in descriptive nature only. The
contractor will be available to discuss findings and recommendations with City
representatives.
II. That the following clarification to the proposed scope of work be adopted as part of the
contract:
1. The City will furnish existing record documents, any data base information and
related data, billings, and user requirements and needs at no cost to RHA. The
City shall also designate a Systems Project Manager for coordination with Ralph
Hahn & Associates. This individual shall be familiar with the voice and data
communication systems, features and BellSouth service, key systems.
2. A detailed master plan, County wide studies, evaluations, enterprise
interconnectivity, enterprise rate evaluations, strategic analysis, etc. are not part of
this proposal.
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June 10, 1996
CONSENT AGENDA ITEM ~
Page 4
3. Deliverables will include the study and analysis for the Administration Building.
The implementation phase, including the RFP, design and bidding documents, is
not included within our fee structure.
4. Billings will be made on a monthly basis for services completed to date. Payment
is due upon receipt of the statement. Reimbursable expenses are in addition to the
above compensation for basic services and include expenditures made by Ralph
Hahn and Associates in the interest of the project. These shall include, but are not
limited to the following:
a) Blueprints and reproductions (other than for in-house use and five (5) sets
for the owner).
b) Long distance telephone calls.
c) Overnight delivery and postage, other than normal letter correspondence.
5. Reimbursable expenses shall be billed using a multiplier of 1.15.
6. The Engineer's services are to be provided in accordance with generally accepted
professional engineering/architectural practice; no other warranty is either
expressed or implied.
7. RHA has included a limitation ofliability clause such that our total liability for
errors and omissions is limited to our fee.
8. Ralph Hahn and Associates shall be entitled to an additional fee for additional
services, scope of work changes or project services, which are approved in
advance by the owner, but which are not yet included in the basic services. These
shall include, but not be limited to, the following:
a) As-built drawings following construction.
b) Making revisions that are at variance with previous approvals or
instructions from client.
c) Project services to make measured drawings of existing conditions of
facilities or to verify the accuracy of other information furnished by owner.
June 10, 1996
CONSENT AGENDA ITEM ~
Page 5
d) The fee for additional services shall be on an hourly basis (or pre-
negotiated lump sum basis). Hourly rates are as follows:
Principal
Associate
Project Engineer/Architect
Design Engineer/Architect
Designer
T echnician/Drafting
Clerical
CADD w/machine
ATTACHMENTS:
$1 DO/hour
90/hour
75/hour
65/hour
55/hour
45/hour
35/hour
25/hour
1) Revised Professional Servies Proposal dated May 23, 1996 from
Ralph Hahn and Associates, Inc.
2) Contract for Telecommunications Services from Ralph Hahn and Associates, Inc.
received May 31, 1996.
COMMISSION ACTION:
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March 29, 1996
Revised May 23, 1996
FAXED THJS .DA1'E
Mr. J.P_ Petrenc~ik
Director of Purchasing
City of Winter Springs
1126 East Stare Road 434
Winter Springs, FL 32708
MAY 23 1996
Re: Professional Services Proposal
City of Winter Springs
Td~phon~ SYl>tem
Dear Mr. Petrencsik:
As recently requested, we are please<l to provide our revised proposal replacing
our March 29th issue.
Our scope of work will include a generalized review of your Administration
Telephone System with recommendations for equipment upgrades and improved
levels of services. Our study will focus on the Administration Building Telephone
Systems, however, we will also toueh upon the broader aspects of information
transport systems (structured voice/data cabling systems). Per you request, we
will not provide a study of means to network your other facilities, but will give
you some general options based on our conversations with you.
Based on our site visit and discussions, our understnnding of the seope of work
shall include the following basic services and tasks:
1. Verify the City~s Administration Building telecommunications needs
through which we will define the City's telecommunications requirements.
The needs data (gathered and furnished by the City) will be used to prepare
an analysis of the current administration system and the benefits and service
implications of system upgrades. Typically, we may expect the following
areas of approach:
3.
Continue (and/or expand and enhance) the present BellSouth central.
office-based incoming trunk service.
b.
Upgrade the eLectronic key system and trunks to support the
Administration Facility requirements.
SFRIPETRENCS.JPR
500 SOUHl al:Slr<.l!ian
(,:107)832-2606
3uj,:e 720 ~ '..;~:'::: p;3;n'l r>=:.w(i, fioricci 33401-5046
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2. Meet with the City's Telecommunications and Data staffs to determine
present and future voice and data communications requirements. We will
request this data be provided by the City, service provider or NCI.
3. Verify the kinds and types of communication channels now used, (data
provided by City, service provider and NeT) and those that may be
required between City office locations in the future.
4. Analyze various approaches to providing telephone system upgrades for the
_ City Administration Building from either a central office-based or a
- premise-based key system. We will develop comparative cost information
to use in a spreadsheet analysis covering a IO-year period to illustrate the
economic impact of alternative service arrangements.
5. Provide a written report that describes existing City telecommunications
service with recommendations for enhancements or additions. The report
will define alternative service configurations for City consideration,
provide pros and cons of the alternatives and contain an economic analysis
of allernati'les. As you requested. we wllI restrict our analysis, LO lhe
specific Administration Building Telephone System. Only in general terms
will we discuss City Wide Systems. We will also touch upon the
Administration Building cable plant infrastructure in descriptive nature
only. We will be available to discuss our findings and recommendations
with City repre~ntatiYes.
We propose to provide these basic services for a lump sum fee of $3,900.00. We
believe this fee structure will allow us to provide a generalized analysis based on
our understanding of your data availability . We also estimate a maximum period
of 60 days to provide our study.
The following are clarifications for our proposed scope of work:
1. The City will furnish existing record documents, any data base information
and related ootn, billings, lI.I1d user requirements ilI1d needs at no cost to
RHA. The City shall also designate a Systems Project Manager for
coordination with Ralph Hahn & Associates. This individual shall be
familiar with the voice and data communications systems, features and
BellSouth service, key systems.
2. A detailed master plan, County wide studies, evaluations, enterprise
interconnectivity, enterprise rate evaluations, strategic analysis, etc. are not
part of this proposal.
SFR\PETRENCS.JPR
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3. Our deliverables will include the study and arutlysis for the Administration
Building. The implementation phase, including the RFP, design and
bidding documents, is not included within our fee structure.
4. Billings will be made on a monthly basis for services completed to date.
P~yment is due upon receipt of the statement. Reimbursable expenses are
in addition to. the above compensation for basic services and include
expenditures made by Ralph Hahn and Associates in the interest of the
project. These 'shall include, but are nOt limited to the following:
.. a. Blueprints and reproductions (other than for in-house use and five
(5) sets for the owner).
b. Long distance telephone calls.
c. Overnight delivery and postaee. other than normal letter
correspondence.
5. Reimbursable expenses shall be bllledusing a illulLipller of 1.15.
6. The Engineer's services are to be provided in accordance with generally
accepted professional engineering/architectural practices; no other warranty
is either expressed or implied. .
7. RHA has included a limitation of liability clause such that our total liability
for errors and omissions is limited to our fee.
8. Ralph Hahn and Associates shall be entitled to an additional fee for
additional scrvices, scope of work changcs or project services, which arc
approved in advance by the owner, but which are not yet included in the
basic services. These. shall include, but not be limited to, the following:
a. As-built drawings following construction.
b. Making revisions that are at variance with previous approvals or
instructions from client.
c. Project services to make measured drawings of existing conditions
of facilities or to verify the accuracy of other information furnished
by owner.
SfR\PETRENCS.JPR
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d. Our fee for additional scrvices slu1ll be on an hourly basis (or pre-
negotiated lump sum basis). Our hourly rates are as follows:
Principal
Associate
Project Engineer/Architect
Design Engineer! Architect
Designer
Technician/Drafting
Clerical
CADD W /Machine
$lOOlhour
9O/hour
75/hour
65/hour
55/hour
45/hour
35/hour
25/hour
This revised proposal also supplements the proposals of April 17th and April 23rd
to the extent of this study fee and scope revisions.
We appreciate the opportunity to provide thi~ proposal to you and your staff. and
we are ready to proceed immediately with your written authorization.. Should you
require additional information, please feel free to contact Bill or me.
sincer.~ ellY~~'---j; . .~. /i !f} ~
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7Stephen f. Rollin, P.E., ReDO
/ Senior Associate
SFR/jc
cc: William C. Bradford, P.E.
Manny Garcia
SFR\PETRENCS.JPR
Accepted By;
Owner or
Owner Representative
Date
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AMERICA~
INSTITUTE
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. Standard Form of Agreement Between
. Owner and Architect
.
AlA Document B141
. 1987 EDmON
.
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
~ . .
AGREEMENT
made as of the
Nineteen Hundred and 96
BETWEEN the Owner:'
(NIDU and addIw:I)
..."
..."
31st
clay of .May
in the year of
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
and the Architect:
(Nmr. and addIw:I)
Ralph Hahn & ASSOCiates, Inc.
Engineers . Architects . Consultants
200 East Robinson Street, Suite 730
Orlando, Florida 32801
For the follOwing Project:
(IndudI d<<aiIIId doaiptJon of Projea. IoauJtm. addras and SCDf>>.)
. .
A generalized review of the City of Winter Springs Administration
Telephone System with recommendations for equipment upgrades and
improved levels of services. The Study will focus on the
Administration Building Telephone Systems. However, it will also
touch on the broader aspects of information transport systems
(structured voice/data cabling systems).
The Owner and Architect agree as set forth below.
Copyrighr 1917, 1926. 1948, 1951, 1953. 1958. 1961. 1963. 1966, 1967, 1970,1974, 1977, @1987bYTheAmcrian1nsrJrure
of ArchilcctS. 1735 New York AVCJ1ue. N.W., Wuhingron, D.C. 20006. ReproductJon of lhe ItI2lerW herein or subsranri21
quoation of itS proVisions wtthoul writlen permission of the AlA violaces lhe COpyrighllaws of the United States and will be
subject to Ic:pi prosecution.
AlA DOC::lI-..r 111.. · OWND.AJlCHITECT AGRUMIHT. 1'0URT'!ENTH EDmON . A1.\- . <01987
THE AMUICAH 1NSTt'TtJ'TE 0' AJlCHITECTS. 1735 NIIW YOlK AVENUE. N.W., WASHINGTON. D.C. 20006
WAANING: U~-.d ,.noea~Il.~""""'" u.s. ~I'lgtll '- Md.. 8UOIK! 10 Ie9-' Pft)MCu11on.
B141-1987 1
1
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 enumer:ued in Articles 2 and 3 of this Agreement
and any other services included in Article 12.
1.1.2 The Architect's services sh2JI be performed as expedi-
tiously as is consistent with professional skill and care and the
orderly progress of the Work. Upon request of the Owner, the
Architect shall 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 include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not. except for re2SOnable ClU5e, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject t~'
the time limitations contained in Subpar2graph II. 5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFlNmON
2.1.1 The Architect's Basic Services consist of those described
in Par2graphs 2.2 through 2.6 and any other services identified
in Article 12 as part of Basic Services. and include normal strUc-
tural. mechanical and electrical engineering services,
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the
Owner to asceruin the requirements 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, och in terms of the other, subject to the limita-
tions set fonh in Subpar2graph 5.2.1.
2.2.3 The Architect shall 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 shall
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 shall submit to the Owner a preliminary
estimate of Construction COSt based on current area, volume or
other unil 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 shall prepare,
for approval by the Owner. Design Development Documents
consisting of drawings and other documents to fix and describe
the size and char2cter of the Project as to architectural, strUc-
tural, mechanical and electrical systems, materials and such
other elements as may be appropriate,
2.3.2 The Architect shall advise the Owner of any adjusunents
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 adjusunents in the scope or quality of
the Project or in the constrUction budget authorized by the
Owner, the Architect sh2JI prep2l'e, for approval by the Owner,
Construction Documents consisting of Dl':Iwings and SpecifiCl-
tions setting fonh in detail the requirements for the constrUc-
tion of the Project.
2.4.2 The Architect sh2JI assist the Owner in the preparation of
the necessary bidding information, bidding forms, the Condi-
tions of the Contract. and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjusune-nss
to previous preliminary estimates of Construction Cost intli-
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 0'[ 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 for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to pro\'ide Basic Services
for the Cunstructiun Phase under this Agreement commences
~I...ith Ihc award of the Contract for Construction and termi-
nates at thl.: earlier of the issu:.lOce to the Owner of the final
Certificate for Payment or 60 days afler the date of Substan-
tial Completion of thl: \JC.'ork.
2.6.2 The Architect shall provide adminLc;tration of the Con-
tract for Construction as set forth below and in the edition of
AlA Document A20 I. General Conditions of the Contl'2ct for
Construction. current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.6.3 Duties. responsibilities and limitations of aU[hority of the
Architect shall not be restricted, modified or extended without
wrillen agreement of [he Owner and Architect with consent of
the Contractor, which consent shall not be unreasonably
withheld.
AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA"' . <9I'.1H7
THE AMERICAN I NSTITL'TE OF AIlCHITECT~. 17}~ NE\X' YORK AVENUE, N,W., WASHINGTON. D.C. lIHHH.
B141-1987 2
WARNING: Unlicensed photocopying violates U.S. copyright 1_ .net Is aubject to legal prosecution.
2.6.4 The: Archite:ct sh:l11 be: :arepresent:Jtive of :md sh:l11 :advise
:md consull with the Owner ( I ) durmg construction until fin:l1
paymeni [Q the Contr:tctor is due:. :md (2):IS an Addilion:l1 Ser-
vice at the Owner's direction from time to time: during the cor-
rection period described in the COntJ':lct for Construction. The
Archllect sh:ill have authority 10 aCI on behalf of the Owner
. only 10 the extent provided in this Agreement unless otherwise:
modified by written instrument.
2.6.5 The Architect sh:l11 visit the site at interv:l1s appropri:ne
to the .'luge of construction or :IS otherwise: agreed by the
Owner :md Architect in writing to become gene1'21ly f:unili2r
with the progress :md quality of the Work completed :md to
determine in gene1'21 if the Work is being performed in a m:m-
ner indic:ning th2t the Work when completed will be: in accor-
d:u1ce with the Contr:lct Documents. However. the Architect
sh:ill nOt be required to make exh:austive or COntinuous on-site
inspections to check the quality or qu:mtity of the Work. On
the b:lSis of on-site observations :IS :m architect, the Architect
shaU keep the Owner informed of the progress :md quality of
the Work, :md sh:l1I endt:2vor to guard the Owner :zg2inst
defects :md dcfidendes in the Work. (More extensive site
representation may be agreed to as an Additional Service, as
described in Paragrapb 3.2.)
2.6.6 The Architect sh:ill nOI have control over or charge of
:md sh:ill not be: responsible for construction mc::ms, methods,
techniques, sequences or procedures, or for safety Prec2utiOns '
:md progr:uns in connection with the Work, since thc:sc: are'
solc:ly the COntr:tCtor"s responsibility under the COntr:tct for
Construction. The Architect shaU not be responsible for the
Contr:tctor's schedules or f:lilure to c:ury out the Work in accor-
d:u1ce with the Contr:lct Documents. The Architect shall not
have control over or charge of acts or omissions of the Contr:lc-
tor, SUbcontr:lctOrs, or their agents or employees, or of :my
other persons performing portiOns of the Work.
2.6.7 The Architect sh:ill at :ill times have access to the Work
wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the COntr:tct
Documents or when direct communications have been spe-
cially authorized, the Owner :md Contractor shall communicate
through the Architect. Communic:ations by :md with the Archi-
tect's consuJtants sh:l1I be: through the Architect.
2.6.9 B:asc:d on the Architect's observations :md ev:l1uations of
the Contr:tCtor's Applic:ations for P2yment, the Architect sh2.II
review :md Certify the amounts due the COntr:tCtor.
2.6.10 The Architect's certific:ation for payment shaU consti-
tute :a representation to the Owner, b:lSed on the Architect's
observ:ations :at the site :IS provided in Subpar:tgr:tph 2.6.5 :md
on the d2u comprising the Contr:tctor's Applic:ation for Pay-
ment. that. to the best of the Architect's knowledge:, informa-
tion :md belief. the Work h:lS progressed to the point indicated
:md the quality of Work is in accord2nce with the Contract
Documents. The foregoing reprc:sc:nutions are subject to an
c:v:zJuation of the Work for conform2Jlce with the Contr:tct
Documents upon Substantial Completion, to results of subse-
quent tests and inspections, to minor deviations from the Con-
tr:tCI Documents correctable prior to completion :md to spe-
dfic qualific:ations expressed by the Architect. The issu:mce of a
Cc:rtificue for Pavment shall further COnstitute a represenution
that the Contr:tcior is entitled to p:ayment in the amOunt cc:ni-
fied. However, the issu:mce of:a Certificate for Payment shall
not be a reprc:senution that the Architect h:lS (1) made exhaus-
tive or continuous on-site inspeCtions to check the qu:l1ity or
qu:mtity of the Work. (2) reviewed construction means, meth-
ods, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from Subcontr:tctors and m:lteri:l1 sup-
pliers :and other d2t:J requested by the Owner to subst:mtiate
the Contractor"s right to payment or (4) ascertained how or for
wh:at purpose the COntr:tCtor h:lS used money preViously paid
on :account of the COntr:tCt Sum.
2.6.11 The Architect shaU have authority to reject Work which
does not conform to the Contr:tct Documents. Whenever the
Architect considers it necessary or advisable for implemenu-
tion of the intent of the COntr:tct Documents, the Architect will
have authority to require additional inspection or testing of the
Work in :accord:u1ce with the provisions of the Contract Docu-
ments, whether or not such Work is fabric:ated. 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 Contr:lctor, Subcontractors, material :md
equipment suppliers, their agents or employees or other per_
sons performing portions of the Work.
2.6.12 The Architect shall review :md approve or take other
appropriate :lction upon Contr:tctor's submittals such :IS Shop
Dr:twings, Product O:lu and Samples, but only for the limited
purpose: of checking for conform:mce with information given
:md the design concept expressed in the COntr:tct Documents.
The Architect's :lction shaU be: taken with such reasonable
promptness :IS to C2use no delay in the Work or in the con-
struction of the Owner or of sep:arate contractors, while :illow-
ing sufficient time in the Architect's professional judgment JO..
permit :ldequate review. Review of such submittals is nOt cen-
ducted for the purpose: of determining the accur:tcy and com-
pleteness of other details such as dimensions and quantities or
for substantiating instructions for instal.lation or perfonnance of
equipment or sy~tems designed by the Contractor,:ill of which
remain the responsibility of the Contr:tctor to the extent
required by the Contract Documents. The Architect"s review
sh:l11 not constitute approval of safety precautions or, unless
otherwise specifically st~lted by the ArchiteCt. of construction
mc::ms, methods. techniques, sequence.~ or procedures. The
Architect's approv:l1 of :l specific Item shall not indicate
:lpprOVal of :m assembly of which the item is a component.
When professional certific:ation of pc:rform:mce characteristics
of materials, systems or equipment is required by the Contract
Documents. the Architect shaU be entitled to rely upon such
certification to establish Wt the materials. systems or equip-
ment will meet the perform2Jlce criteria required by the Con-
tr:tCt Documents.
2.6.13 The Architect shall prepare Ch:mge Orders :md Con-
struction Ch:mge Directives, with supporting documenution
and d2u if deemed necc:ss:lry by the Architect :IS provided in
Subpar:tgraphs 3.1.1 :md 3.3.3. for the Owner's approval :md
execution in accordance with the Contract Documents, :md
may :authorize minor ch:mges in the Work nOt involving :m
adjustment in the COntr:tct Sum or an extension of the COntr:tct
Time which are not inconsistent with the intent of the Contract
Documents.
2.6.14 The Architect sh:l11 conduct inspeCtiOns to determine
the d2te or dates of Substantial Completion and the date of finaJ
completion, shall receive :md forward to the Owner for the
Owner's review :md records wrilten warranties and related
documents required by the Contract Documents and assem-
bled by the Contr:actor. :and sh:l11 issue a fin:l1 Cenificate for P:lY-
ment upon compliance with the requirements of the: Contr:tct
Documents.
3 8141.1987
AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AJA- . @1987
THE AMERICAN INSTITI.rTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006
WARNING: Unllcenaed photocopying vlolatn U.S. copyright 1_ 8nd i8 8ubject 10 legal proACullon.
2.6.15 The Architect shall interpret and decide matters con-
cerning perfonnance of the Owner and Contr:tctor under the
requirements of the Contr:tct Documents on written request of
either the Owner or Contr:tctor. The Architect's response to
such requests shall be made with re:asonable promptness and
within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect stull be
consistent with the intent of and reasonably inferable from the
Contr:tCt Documents and shall be in writing or in the fonn of
dr:twings. When making such interpretations and initi21 deci-
sions, the Architect shall ende2vor to secure taithful perfor-
mance by both Owner and Contr2ctor, sh:a1l not show p:uti:lllty
to either, and sh:a1l not be liable for results of interpretations or
decisions so rendered in good taith.
2.6.17 The Architect's decisions on matters relating to aesthe-
tic effect sh:a1l be fmaJ if consistent with the intent expressed in
the COntr:tct Documents.
2.6.18 The Architect shall render written decisions within a
reasonable time on :a1l claims, disputes or other matters in ques-
tion between the Owner and Contr2ctor relating to the execu.
tion or progress of the Work :as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
. matters; including those in question between the Owner and
Contr2ctor, except for those relating to aesthetic effect as pro-,
vided in Subparagr:tph 2.6.17, shall be subject to arbitr2tion:l.!i
provided in this Agreement and in the Contr2ct Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included
in B:asic Services unless so identified in Article 12, and they stull
be paid for by the Owner as provided in this Agreement, in
addition to the compensation for B:asic Services. The services
described under Paragraphs 3.2 and 3.4 sh:a1l only be provided
if authOrized or confinned 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
control, the Architect shall notify the Owner prior to com-
mencing such services. If the Owner deems th2t 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 part of such Contingent Addi-
tional Services are not required, the Architect shall have no obli-
g2tion to provide those services.
3.2 PROJECT REPRESENT A nON 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 stull 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 Iimitatiom of authority of Project
Representatives shall be as described in the edition of AlA
Document 8352 current as of the date of this Agreement, unless
otherwise agreed.
3.2.3 Through the observations by such Project Represen.
tatives, the Architect shall ende2vor to provide funher protec-
tion for the Owner :l.g2.inst defects and deficiencies in the Work,
but the furnishing of such project representation stull not
modify the rights. responsibilities or obligations of the Architect
as described elsewhere in this Agreement.
3.3 CONTINGENT ADDmONAL SERVICES
3.3.1 Making revisions in Dr:twings, Specifications or other
documents when such revisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions nude neces-
sary by adjustments in the Owner's progr:trn or Proj-
ect budget;
.2 required by the enactment or revision of codes, bws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required:as a result of the Owner'sbiJ-
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. qua!.
ity, complexity, the Owner's schedule, or the method of bid-
ding or negotiating and contr2cting for construction, except for
services required under Subpar2graph 5.2.5.
3.3.3 Preparing Dr:twings, Specifications and other documen-
tation and supporting data, evaluating Contractor's pro~,
and providing other services in connection with Otanie
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substi--
mtions proposed by the Contr2ctor and m2king subsequent
revisions to Dr:twings, Specifications and other documentation
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other cause during construction, and fur-
nishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the
Contr:tctor, by major defectS or deficiencies in the Work of the
Contr2ctor, or by failure of perfonnance of either the Owner or
Contractor under the Contr2ct for Construction.
3.3.7 Providing services in evaluating an extensive number of
claims submitted by the Contr2ctor or others in connection
with the Work.
3.3.8 Providing services in connection with a public hearing,
arbitr:ttion 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, negoti:l-
tion or construction prior to the completion of the Construc-
tion DocumentS Phase.
3.4 OPTIONAL ADDmONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and program-
ming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or com.
parative studies of prospective sites.
AlA DOCUIoIEHT' 8141 . OWNER.ARCHITECT AGUEMI!NT. POtJRTl!J!N11i EDmoN' AlA- . @198:
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006
8141-1987 4
WARNING: UnllcenHd photocopying vlolata u.s. copvrtght ~ and 'a aubject 10 legal pl'DMCUtlon.
3.4.4 Providing special surveys, environmental studies md
submissions required for approv:Us of governmental authorities
or others h:aving Jurisdiction Over the Projecl.
3.4.5 Providing services relative to fulure facilities. systems
:md equipment.
3.4.6 Providing services to investig2te existing conditions or
f:acilities or to m2ke measured dl"2wings thereof.
3.4.7 Providing services to verify the :aCCUr:lcy of dr:lwings or
other inform:ation furnished by the Owner.
3.4.8 Providing coordin:ation of construction performed by
sep2l'2te COntl"2ctors or by the Owner's own forces md coordi-
n:ation of services required in conneCtion with construction
performed md equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of:a con-
struction mm:ager or 5ep2l'2te consultants ret:lined by the
Owner.
3.4.10 Providing det2iled estimates of Construction Cost:
3.4.11 Providing det2iled quantity surveys or inventories of
I1l2terial, equipment md I2bor.
3.4.12 Providing :analyses of owning :and opel"2ting COSts.
3.4.13 Providing interior design :and other simil2r services
required for or in connection with the selection, procurc:ment
or installation of furniture, furnishings :and related equipment. '
3.4.14 Providing services for planning tenant or rental spaces.'
3.4.15 Making investigations, inventories of materials or equip-
ment, or V2luations md det2iled appraisals of existing fac:ilities.
3.4.16 Preparing a set of reproducible record dr:awings show-
ing signifiC211t changes in the Work made during construction
b:ased on marked-up prints, dr:awings and Other data furnished
by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or
systems such :as testing. adjusting and balancing, preparation of
oper:ation and maintenance m:anuals. training personnel for
oper:ation :and maintenance, and consultation during oper:ltion.
3.4.18 Providing services .after issuance to the Owner of the
fmal Cenific:ue for Payment, or in the absence of a fmal Cer-
tifiC:Olte for P2yment. 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, mechanic:al and c:lectriC2.1 engineering por-
tions of the Project provided :as a part of Basic Services.
3.4.20 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance
with generally accepted architectural pr:lctice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full infonl12tion regarding
requirements for the Project, including a program which shall
set fonh the Owner's objectives, schedule, constraints :and cri-
teria, including space requirements and rel2tionships, flexi-
bility, exp:andability, special equipment, systems and site
requirementS.
4.2 The Owner shall esubhsh and upwle an over:a.J1 budget for
the Prolect, including the Construction Cost, the Owner's other
costs md re:1SOnable contingencies related to all of these costs.
4.3 If requested by the Archuect, the Owner shall furnish evi-
dence that linancial arrangements have been made: to fulfill the
Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render decisions
in a timely manner pertaining to documents submitted by the
Architect in order to avoid unrC2Son:ablc: delay in the orderly
:and sequential progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physiC21
characteristics. legal limitations and utility locations for the site
of the Project, and a written 1c:gaJ description of the Site. The
surveys md legal information shall include, :as :applicable,
grades :and lines of Streets, alleys, pavementS and adjoining
property and Structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restric-
tions, boundaries and COntours of the site; lootions, dimen-
sions :and necessary data pertaining to existing buildings, other
improvements and trees; and infonl12tion concerning :avai.l2ble
utility services and lines. both public :and private, above and
below grade:. including invens and depths. All the infonl12tion
on the survey shall be referenced to a Project benchmark.
4.6 The Owner shall furnish the services of gcotechniC21 engi-
neers when such services are requested by the Architect, Such
services may include but are not limited to test borings, test
pits, determin2tions of soil bearing values. pc:rcol2tion testS,
c:valU2tions of hazardous materiaJs, ground corrosion and resis-
tivity tests. including nec~' opel"2tions for anticipating Sllb-
soil conditions, with repons and appropriate professional
recommendations.
4.6.1 The Owner shall 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 shall furnish Structural, mechaniC21. chemiC21,
air and water pollution tests. tests for hazardous materials, and
other I2bor:ltory and environmental tests. inspections :and
repons required by law or the COntr:lct Documents.
4.8 The Owner shall furnish all1c:gaI, accounting and insurance .
counseling services as ITl2Y be necessary at :my time for the
Project. including auditing services the Owner may require to
verify the COntr:lCtor's Appliotions for Payment or to ascertain
how or for wtut purposes the COntr:lCIOr h:as used the money
paid by or on behalf of the Owner.
4.9 The services, infonl12tion. surveys and reportS required by
Paragr:lph.~ 4.5 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the
accur:lcy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the
Architect if the Owner becomes aware of any fault or defect in
the Project or nonconformance with the COntr:lct DocumentS.
4.11 The proposed language of certiliotes or certifications
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 shall not request certifica-
tions that would require knowledge or services beyond the
scope of this Agreement.
5 B141-1987
AlA DOCUMENT 81.1 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA- . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.~'. WASHINGTON, D.C. 20006
WARNING: Unllc:enaed photocopying vtolatn U.S. copvrightl_ .nd I. subject to 1eg81 proaec:ullon.
ARTICLE 5
CONSTRUCTION COST
5.1
OEANITION
5.1.1 The Construction Cost shall be the total cost or esti.
mated cost to the Owner of:ill elements of the Project designed
or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current
market rates of labor and m2teri:l1s furnished by the Owner and
equipment designed. specified, selected or specially provided
for by the Architect, plus a rc:ason2ble aHowance for the Con-
t!':lctor's overhe:zd and profit. In addition, a re:lSOnable :illow-
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-W2Y. financing or other costs which are the respon-
sibility of the Owner :IS provided in Article 4.
5.2 RESPONSIBIUTY FOR CONSTRUCTION COST
5;2.1 EV2Iuations of the Owner's Project budget, preliminary
estim2tes of Construction Cost and det2iled estimates of Con-
struction COSt, if any, prepuec1 by the Architect, represent the
Architect's best judgment as a design professional f:unili2r with
the construction industry. It is recognized, however. th2t nei-
ther the Architect nor the Owner h:lS control over the cost of
I2bor, m2teri2.1.s 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 W2lr.U1t or represent that bids or negotiated prices
will not v:uy from the Owner's Project budget or from any
estim2te of Construction Cost or eV21uation prepared or 2greed
to by the Architect.
5.2.2 No fIXed limit of Construction COSt shall be est2blished
as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fIXed limit has
been agreed upon in writing and signed by the parties hereto. If
such a fIXed limit h:lS been est2blished. the Architect shall be
permitted to include contingendes for design, bidding and
price escU2.tion, to determine what ffi2teriaJs. equipment, com-
ponent systems and types of construction are to be included in
the Comract Documents, [0 rI12ke CC2.50nable adjustments in
the scope of the Project and to include in the Contract Docu-
ments altenute bids to 2dlust the Construction Cost to the fIXed
limit. Fixed limits. if any, shall be incre:zsed in the amount of an
incre:zse in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase h:lS not commenced
within 90 cI:1vs after the Architect submits the Construction
Documents to the Owner. any Project budget or fIXed limit of
Construction Cost shall be adjusted to reflect changes in the
general leve! of prices in the construction industry between the
cI:1te of submission of the Construction Documents to the
Owner and the cI:1te on which propos:l1s are sought.
5.2.4 If a fIXed limit of Construction COSt (adjusted as pro-
vided in Subp2C2graph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give wrinen approval of an increase in such fIXed
limit;
.2 authorize rebidding or renegotiating of the Project
within :I rC2S0n:lble time;
.3 if the Project is Jbandoned, terminate in accorcl:1nce
with Parag!':lph 8.3: or
.4 coope!':lte in revising the Project scope Jnd quality as
required to reduce the Cunstruction Cust.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4.
the Architect. Without additional charge, shall modify the Con-
t!':lct Documents as necessary to comply with the fixed limit. if
est2blished as J condition of this Agreement. The modific:ltion
of Contract Documents shall be the limit of the Architect's
responsibility arising Out of the establishment of J fixed limit.
The Architect shall he entitled to compens:ltion in accorcl:1nce
with this Agreement for :ill services performed whether or not
the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
8.1 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 ret2in all common I2w,
St2tutory and other reserved rights. including the copyright.
The Owner shall be permitted to retain copies. including repro-
ducible copies. of the Architect's Drawings, Spedfictions and
other documents for information and reference in conneqion
with the Owner's use and occupancy of the Project. Thc:.Nchi-
tect's Drawings. Specific:ltions 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 Architect is adjudged to be in default under this Agreement.
except by agreement in writing and with appropri2te compen-
sation to the Architect.
6.2 Submission or distribution of documents to meet offidal
regulatory requirements or for similar purposes in connection
with the Project is not to be construed as publiction in deroga-
tion of the Architect's reserved rights.
ARTICLE 7
AR81TRA TION
7.1 Claims. disputes or other m:ltters in question between the
parties to this Agreement arising out of or relating to this Agree-
ment or bre:zch thereof shall be subject to and decided by arbi-
tration in accordance with the Construction [ndustrv Arbitra-
tion Rules of the American Arbitration AssOCiation cu~emIy in
effect unless the parties mutually agree otherwise.
7.2 Demand for arbitration shall be filed in writing with the
other party to this Agreemem and with the American Arbitra-
tion Association. A dem20d for arbitration sh:a.ll be made within
2 rC2S0nable time after the cl2im, dispute or other matter in
question has arisen. In no event shall the demand for arbitration
be made after the cI:1te when institution of legal or equit2ble
proceedings based on such claim. dispute or other ffi2tter in
question would be barred by the applicable sratutcs of limirations.
7.3 :0.10 arbitl'2[ion arising out of or relating co this Agreement
shall include. by consolidation. joinder or in any other manner,
an additional person or entity nOt a party to this Agreement.
AlA DOCUMENT B1., · OWNER-ARCHITECT AGRE.I!MDIT. I'OURTUNTH EDmON. AlA- . @1987
THE AMERICAN INSTITUTE 01' ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006
8141.1987 8
WARNING: Unlicensed photocopying violates U.S. copyright 1_ and Is subject 10 leqel pl'OHCutlon.
except by written l:onsent l:Ont:tining a specific reference to
this Agreement signed by the Owner, Architect, and any other
person or entity sought to be joined. Consent to arbitr:ltion
involving an additionai person or entity shail not constitute
consent to arbitr:ltion of any cWm, dispute or other nutter in
question not descnbed in the written consent or with a person
or entity not n:uned or described therein. The foregoing agree-
ment to ubitr.lte and other agreements to arbitr:lte with :an
additiorul person or entity duly consented to by the panies to
this Agreement shall be specificaJ1y enforcoble in accordance
with applic:1ble l:lw in :any court having jurisdiction thereof.
7.4 The awud rendered by the arbitr.ltor or arbitr.ltors shall be
fUlai. and judgment m:lY be entered upon it in accordance with
applicble l:lw in :any court h:lving jurisdiction thereof.
ARTICLE 8
TERMINA nON, SUSPENSION OR ABANDONMENT
8.1 This Agreement m:1Y be tennwted by either party upon
not Jess th:In seven days' written notice should the other party
f.ail subst:lOti:llJy to perform in accordance with the terms of this
Agreement through no I2uIt of the party initiating the termin:Won.
8.2 If the Project is suspended by the Owner for more th:In 30
consecutive days. the Architect shall be compens:lted for ser~
vices performed 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 nuy be terminated by the Owner upon
not less th:In seven days' written notice to the Architect in the
event that the Project is perm:mently ab:andoned. If the Project
is ab:andoned by the Owner for more th:an 90 consecutive days,
the Architect nuy tennwte this Agreement by giving written
notice.
8.4 Failure of the Owner to make payments to the Architect in
accordance with this Agreement shall be considered subst:lntia1
nonperformance :and cause for termination.
8.5 If the Owner f:ills to make p:lyment when due the Archi-
tect for services and expenses. the Architect may, upon seven
days' written notice to the Owner. suspend performance ofser-
vices under this Agreement. UnJess payment in full is received
by the Architect within seven days of the c!:lte of the notice, the
suspension sh2JJ take effect without further nOtice. In the event
of a suspension of services, the Architect shall have no liability
to the Owner for delay or c!:lmage 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 performed prior
to termination. together with Reimbursable Expenses then due
and all Termin:ltion Expenses as defined in Paragr.lph 8.7.
8.7 Termin2tion Expenses:ue in addition to compensation for
Basic and Additionai Services. and include expenses which are
directly attribuuble to termination. Termination Expenses sh2JJ
be computed as a percenuge of the tOtai compensation for
Basic Services and AdC\itionai Services earned to the time of ter-
mination. as follows:
.1 Twenty percent of the tOtal compensation for Basic
and Additionai Services earned to date if termination
occurs before or during the predesign. site anaiysis, or
Schematic Design Phases; or
.2 Ten percent of the totai compensation for Basic :and
Addition:ll Services c::uned to c!:lte if u:rmin2tion
occurs during the Design Development Phase; or
.3 Five percent of the tOtai compens:ltion for Basic :and
Additional Services earned to c!:lte 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 principal pl:lce of business of the
Architect.
9.2 Terms in this Agreement shall have the s:une meaning as
those in AJA Document AlO I. Gener:U Conditions of the Con-
tI'act for Construction. current as of the c!:lte of this Agreement.
9.3 C:luses of action between the panies to this Agreement
pertaining to acts or f.ailures to act shall be deemed to h:lve
accrued and the appUoble SUtutes of limiutions shall com-
mence to run not Later th:m either the d2te of Substantial Com.
pletion for actS Or f.ailures to act occurring prior to Subst:lOtiaI
Completion, or the c!:lte of issu:ance of the fmal Certiticate for
Payment for acts or. f.ailures to act occurring after Subst:lntial
Completion.
9.4 The Owner and Architect waive :ill rights against och
other and against the contractors. consultants. agents)l{1d
employees of the other for d:u1uges. but only to the extent.cQv-
ered by property insurance during construction. except such
rights as they may h:lve to the proceeds of such insurance as set
forth in the edition of AlA Document AlO I, General Conditions
of the Contract for Construction. current as of the d2te of this
Agreement. The Owner :and Architect each shall require similar
waivers from their contractors, consult:lnts and agents.
9.5 The Owner and Architect. respectively, bind themselves,
their panners. successors. assigns and legal represcnutives to
the other party to this Agreement and to the partners. succes-
sors, assigns and legal representatives of such other party 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 Agreement represents the entire :md imegrated agree-
mem between the Owner and Architect :md supersedes all
prior negoti:uions. 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
party 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, h:andling, remov:ll or dispos:ll of or exp0-
sure of persons to haz:udous materials in any form at the Project
site. induding but not limited to asbestos. asbestos productS.
polychlorinated biphenyl (PCB) or other toxic subsWlces.
9.9 The Architect shall have the right to include represcnu-
tions of the design of the Project. including photographs of the
exterior and interior. among [he Architect's promotional and
professional materials. The .vchitect's materials shall not
include the Owner's confidential or proprietary information if
the Owner has previously advised the Architect in writing of
7 B141-1987
AlA DOCUMENT 8141 · OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AJA8 . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 173~ NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006
WARNING: Unllceneed photocopying vlolatee U.S. copyright 1_ end Ie subfectto legsl prosecullon.
the specific information considered by the Owner to be conti.
demiaJ or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign :utd in the pro-
motional materials for the Project.
ARTICLE 10
PA YMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Ardlitect.s personnel eng:zged on the Project :utd
the portion of the COSt of their mandatory :utd customary con.
tributions :arid benefits related thereto. such as employment
taxes :utd other Statutory employee benefits. insur:mce. sick
love, holidays, vacations. pensions :utd simil2r contributions
:utd benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa.
tion for Basic :utd Additional Services :utd include c:xpcnscs
incurred by the Architect :utd Architect's employees :utd con.
sultants in the interest of the Project, as identified in the follow-
~~~ .
10.2.1.1 Expense of transpolt2tion in connection with the
ProjeCt; expenses in connection with authorized out-of.town
travel; long-distance communications; :utd fees paid for secur-
ing approva.l of authorities h2ving jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage :utd h:utdling of
Drawings, Specifications and other documents.
10.2.1.3 If authorized in adv:mce by the Owner. c:xpcnse of
overtime work requiring higher than ceguI2.r roues.
10.2.1.4 Expense of renderin~, models :utd mock-ups requested
by the Owner.
10.2. 1.5 Expense of additional insur:mce coverage or limits,
including professional liability insur:mce. requested by the
Owner in excess of that norrnally carried by the Architect and
Architect's consultants.
10.2.1.6 Expense of computer-aided design :utd drafting
equipment time when used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in P:u:tgr:aph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made.
monthly and, where applicable, shall be in proportion to ser-
vices performed within c::lch phase of service. on the basis set
forth in Subpar.tgr:aph 11.2.2.
10.3.3 If:utd to the c:.'Ctem that the time initi2lly established in
Sub~ph 11.5.1 of ~ Agreement is exo:edcd or extended
through no fault of the Architect. compensation for :uty ser-
vices rendered during the additional period of time shall be
computed in the manner set forth in Subpar.tgr:aph 11.3.2.
10.3.4 When compensation is based on a percentage of Con-
struction Cost :utd any portiOns of the Project are deleted or
otherwise not construCted. compensation for those portions of
the Project shall be payable to the extent services are per_
formed on those portions, in accordance with the schedule set
forth in Subparagraph 11.2.2. based on (1) the lowest bom fide
bid or ncgod2ted proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed estim:ue of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDmONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services :utd for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of servicc!5 ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
swns withheld from payments to contractors. or on account of
the COSt of ch:utges in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECTS ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses :utd expenses per-
tlining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be aV2.i.l-
able to the Owner or the Owner's authorized representative at
mutually convenient times.
ARTla.E 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of Dollars (S -0-
shall be made upon execution of this Agreement and credited to the Owner's account at fmal payment.
11.2 BASIC COMPENSAnON
11.2.1 FOR BASIC SERVICES, as described in Article 2. :utd any other services included in Article 12 as pm of Basic Services. Basic
Compensation shall be computed as follows:
f1nseN basIS o{ compnuation. ",eluding UipulatN sums. multiples 0' fJ*'Cmtages. "nd ,tJenlljy pbases to u'b,cb pa"".",", metbods uj" cumpensation apply. if
n<<essory.)
Lump Sum Fee of $3,900.00
AlA DOCUMEHT 8141 . OWNER.ARCHITECT AGREEMI!NT. FOURTEI!N1li EDITION. AlA- . @1987
THE .\MERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006
B141-1987 8
WARNING: Unl1cenaed ptxllocopylng vlo.... u.s. copyright 1_ and Is subject 10 1419aJ proMcullon.
11.2.2 Where compensation is based on :l stipul:1ted sum or percenuge of Construction Cost. progress payments for Basic Services
in e:lch phase shall tOta! the following percentages of the touJ B2Sic Compensation p2y:lble:
(lnsm <lIJdilioNJl pbGsn <u appmpnaltl.)
,I
~.
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
:t.
,
f
percent (
percent (
percent (
percent (
percent (
%)
%)
%)
%)
%)
Tow Basic Compensation:
one hundred percent (100%)
11.3 COMPENSAnON FOR AOOmONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com-
puted as follows:
In accordance with Exhibit "A"
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT. as described in Articles 3 and 12. mher th:m (1) Additional proJect
Represent:uion. as described in Paragraph 3.2. and (2) services included in Article 12 as p:m of Basic Services. but excl~ding
services of consulunts. ~ompensation shall be computed as follows:
(I/lsert basis lIf comptmsDlIon. includlnR raleS andAJr mulliples "f DIn!Ct Pr!rsmmel F..'rpll/ls/I for Principals alllJ IImplllYf!eS. "Iltl idll/llil)' Pri"c'p"ls <IIuJ classi))'
IImployf!eS. If rrqulrrd. Idlllllif.'" splIClflc serr'lclls to u'blcb partlclllar m/llbfJds "" .'lImpe"..alitm apP~I: if"tIC'-So."')'.)
In 'accordance with Exhibit "A"
11.3.3 FOR AODmONAL SERVICES OF CONSULTANTS, including additional strucrural. mechanical and electrical engineering
services and those provided under Subparagr:aph 3.4.19 or identified in Article 12 as part of Additional Services. a multiple of
( 1 . 1 ) times the amounts billed to the Architect for such services.
(Ithmtify SP<<iflc typa 01 amsu/1IInU In Arfldtl 12. If rwquired.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described'Jn Paragraph 10.2, and any other items included in Aniele 12 as Reimbursabie
Expenses. a multiple of ( 1 . 1 5 ) times the expenses incurred by the Architect. the Architect's
employees and consult2nts in the interest of the Project.
11.5 AOOmONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement h2ve not been completed within six
( 6 ) months of the d2te hereof, through no f:1ult of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subp21'2graphs 10.3.3 and 11.3.2.
11.5.2 Payments arc due and payable upon receipt of ( ) QQYS--ffenl...fhe~jlue~-+he Architect's invoice.
Amounts unpaid thirty ( 30 ) d2ys after the invoice d2te stull be:u- interest at the roue entered below. or
in the absence thereof at the legal rate prevailing from time to time at the principal pl:1ce of business of the Architect.
(Insm raltl 01 inJ_t allrr<<t upon.)
(Usury la= and nquinmmu undilr tIN F<<Ura/ Trulb in Lending ACI. simIlar Slalt! and local consumer credillaws and 0Ibf!r retluJalions al IbtI Uu:nw's and Arcbi-
I<<I'S pnncipa/ pIaas 0/ busmtlSS. tbtlloca/ion of IbtI Projrc:1 and elsew~ may aff<<1 IIN l'alltJity 0/ Ihis pro"($Ion. Specl/ic IlIRal udlllce sbould ht1 oblamed U11lb
rtlSpt1CI 10 dfttlllOns or modl/IUJ/ions. and also l'f!8arctinll rrqui"""mu sucb as wrtum disclosures or u'tlivers.)
9 8141-1987
AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION' AlA. . ~1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 173~ NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20006
WARNING: UnllceMed photocopying vlolatea u.s. copyright 1_ anella subjllC1to leqal prosecution.
11.5.3 The r2tes and multiples set Corth Cor Additional Services shall be annU2lly 2dlwted In 2ccord2nce with normal sal2ry review
practices of the Architect.
ARTla.E 12
OTHER CONDmONS OR SERVICES
(1_ dGatpttom 01 01Mr S#n1ICa. IdMUtfy Ad4JtimtDI s.rvtuI indlMlal witbtn Basic ~OII and modJllcAltoru to tl>> ptJtyrNfU and compmuuton t-.r
indlldat in tbts AB-'.)
Exhibit "A" is hereby incorporated as a part
of this Contract.
\
, .
......
......
This Agreement entered intO 2S of the day and year firs: written above.
OWNER
ARCHITECT Ralph Hahn & Associates, Inc.
(SignallD'f!)
u~/ L_=J:;l.1 '\,- /W) ~
(Signature) <
William C. Bradford, P.E.
(Prinled name and title)
V, (.. f: ""Pft.L.-S IA.~"'-
(Prinled name and tUIs)
m1
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT 814' . OWNER-ARCHITECT AGREEMENT. FOURT1!ENTlf EomON · AJAe . ~1987
THE AMERICAN INSTrTtJT1! OP ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20006
8141-1987 10
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Gr~ory L. Hall. PE
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Ralph Hahn and Associates, Inc.
"
~ 'I - 3
March 29, 1996
Revised May 23, 1996
FAXED THIS DATE
. Mr. J. P. Petrencsik
Director of Purchasing
.. City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
MAY 23 1996
fWfli tWiN I. ..ssootATEI
Re: Professional Services Proposal
City of Winter Springs
Telephone System
Dear Mr. Petrencsik:
As recently requested, we are pleased to provide our revised proposal replacing
our March 29th issue.
Our scope of work will include a generalized review of your Administration
Telephone System with recommendations for equipment upgrades and improved
levels of services. Our study will focus on the Administration Building Telephone
Systems~ however, we will also touch upon the broader aspects of information
transport systems (structured voice/data cabling systems). Per you request, we
will not provide a study of means to network your other facilities, but will give
you some general options based on our conversations with you.
Based on our site visit and discussions, our understanding of the scope of work
shall include the following basic services and tasks:
1. Verify the City's Administration Building telecommunications needs
through which we will define the City's telecommunications requirements.
The needs data (gathered and furnished by the City) will be used to prepare
an analysis of the current administration system and the benefits and service
implications of system upgrades. Typically, we may expect the following
areas of approach:
a.
Continue (and/or expand and enhance) the present BellSouth central
office-based incoming trunk service.
b.
Upgrade the electronic key system and trunks to support the
Administration Facility requirements.
SFR\PETRENCSJPR
EXHIBIT A
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2. Meet with the City's Telecommunications and Data staffs to determine
present and future voice and data communications requirements. We will
request this data be provided by the City, service provider or NCI.
3. Verify the kinds and types of communication channels now used, (data
provided by City, service provider and NCn and those that may be
required between City office locations in the future.
4. Analyze various approaches to providing telephone system upgrades for the
City Administration Building from either a central office-based or a
premise-based key system. We will develop comparative cost information
to use in a spreadsheet analysis covering a 10-year period to illustrate the
economic impact of alternative service arrangements.
s. Provide a written report that describes existing City telecommunications
service with recommendations for enhancements or additions. The report
will define alternative service configurations for City consideration,
provide pros and cons of the alternatives and contain an economic analysis
of alternatives. As you requested, we will restrict our analysis, to the
specific Administration Building Telephone System. Only in general terms
will we discuss City Wide Systems. We will also touch upon the
Administration Building cable plant infraStructure in descriptive nature
only. We will be available to discuss our findings and recommendations
with City representatives.
We propose to provide these basic services for a lump sum fee of $3,900.00. We
believe this fee structure will allow us to provide a generalized analysis based on
our understanding of your data availability. We also estimate a maximum period
of 60 days to provide our smdy.
The following are clarifications for our proposed scope of work:
1. The City will furnish existing record documents, any data base information
and related data, billings, and user requirements and needs at no cost to
RHA. The City shall also designate a Systems Project Manager for
coordination with Ralph Hahn & Associates. This individual shall be
familiar with the voice and data communications systems, features and
BellSouth service, key systems.
2. A detailed master plan, County wide studies, evaluations, enterprise
interconnectivity, enterprise rate evaluations, strategic analysis, etc. are not
part of this proposal.
SFR\PETRENCSJPR
EXHIBIT A
4 ~__ .
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3. Our deliverables will include the study and analysis for the Administration
Building. The implementation phase, including the RFP, design and
bidding documents, is not included within our fee structure.
4. Billings will be made on a monthly basis for services completed to date.
Payment is due upon receipt of the statement. Reimbursable expenses are
in addition to the above compensation for basic services and include
expenditures made by Ralph Hahn and Associates in the interest of the
project. These shall include, but are not limited to the following:
a. Blueprints and reproductions (other than for in-house use and five
(5) sets for the owner).
b. Long distance telephone calls.
c. Overnight delivery and postage, other than normal letter
correspondence.
S. Reimbursable expenses shall be billed using a multiplier of 1.15.
6. The Engineer's services are to be provided in accordance with generally
accepted professional engineering/architectUral practices; no other warranty
is either expressed or implied.
7. RHA has included a limitation of liability clause such that our total liability
for errors and omissions is limited to our fee.
8. Ralph Hahn and Associates shall be entitled to an additional fee for
additional services, scope of work changes or project services, which are
approved in advance by the owner, but which are not yet included in the
basic services. These shall include., but not be limited to, the following:
a. As-built drawings following construction.
b. Making revisions that are at variance with previous approvals or
instructions from client.
c. Project services to make measured drawings of existing conditions
of facilities or to verify the accuracy of other information furnished
by owner.
EXHIBIT A
, SFR\PETRENCSJPR
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d. Our fee for additional services shall be on an hourly basis (or pre-
negotiated lump sum basis). Our hourly rates are as follows:
Principal
Associate
Project Engineerl Architect
Design Engineerl Architect
Designer
TechnicianlDrafting
Clerical
CADD WlMachine
$100lhour
9Olhour
7Slhour
6Slhour
SSlhour
4Slhour
3Slhour
2Slhour
This revised proposal also supplements the proposals of April 17th and April 23rd
to the extent of this study fee and scope revisions.
We appreciate the opportunity to provide this proposal to you and your staff, and
we are ready to proceed immediately with your written authorization.. Should you
require additional information, please feel free to contact Bill or me.
StephenF. Rollin, P.E., RCDD
:' Senior Associate
SFRljc
cc: William C. Bradford, P.E.
Manny Garcia
EXHIBIT A
SFR\PETRENCSJPR
Accepted By:
Owner or
Owner Representative
Date