HomeMy WebLinkAboutStarmer Ranaldi Planning Agreement -1998 12 14
.....'.
RECEMVED
MAR 2 4 1~98
CITY OF WINTER SPRINGS
PURCHASING
AlA Document 8141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
TillS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS HNCOURAGED: WITH RESPECT TO ITS COMPl.ETION OR MODIFICAT/ON
, '
AGREEMENT
made as of the
Nineteen Hundred and
day of
in the year of
BETWEEN the Owner:
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and the Architect:
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(Nt/llle' mId addll?5s)
For the fol!owing Project:
(lndude de/ailed descriJltio/! of l"rujed, foctllto/l. (ldd,.('s.~ and scope.)
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The Owner and Architect agree as set forth below,
Copyrl!(ht 1917,I926,I948,19SI, 19S:l>,19SR.19()\' 1963. 1966, 1967,1970,1974,1977.@19fl7hyThcAmcrkanlnstltutc
of ArChlttTtS. 17:\S New York A\'cnue, N.W,. WashlnRton, n,c. 2011(16, Reproduction of the material. herein or subst:mtial
quol:lllon of Its provisions without written permission of the AlA violates Ihe cop}'rlRht 1:190'1\ of the 1I1l1lcd Slat(~s and will be
suhle('\ to le~l prosecution,
,,\14 OOC\MENT 8'4' . OWNF.R,A.RCIIITECT AGREEMENT. FOlJRTEF.NTlI EDITION. AlA" · @19R7
TIIF. AMF.RICAN INSTITUTE OF ARCIlI1'F.CTS, 173~ NF.W YORK AVF.Nl.If., N,W" WASHINGTON, D,C, 20m6
8141-1981 1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECTS RESPONSIBILmes
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services conc;l<;t of those services per-
f(lrmed hy the Architect, Architect's employees and Architect's
eon.~\lrt~nt:r2s enumernted in Articles 2 and .3 of this Aweement
and any other servk-es Included In Aniele 12.
1.1.2 The Architect's servlcel\ shall he perfonned :t.'l expedi-
tIously as Lq consL'ltent with prores.e;lonal skU! and care and the
orderly prngre.'I.'l of the Work, lIpon request of the Owner, the
Architect shall suhmlt for the Owner's approval a schedule for
the performance of the Architect's services which may he
adjusted a.'l the Project proceeds, and shall include allowances
for periods of time required for the Owner's review and for
approval of s\lbmlo;.e;lons hy authorities having Jurl"tllctklO over
the Project. Time limits cstahlL<;hed hy this schcdule approved
by the Owner shaD not, except thr fCasonable cause, he exceeded
hy the Architect or Owner.
1.1.3 The ::;crvlces covered hy this A~reement are suhJect to
the time limitations contained In Subparagraph 1 L'U ,
ARTICLE 2
SCOPE OF ARCHItEcT'S BASIC SERVICES
2.1 DEFlN1TION
2.1.1 The Architect's Basle Service; con<;l1\t of tho::;c described
In Paragraphs 2.2 through 2.6 and any other ::;crvlccsldentlfled
In Article 12 as part of Rasic Services, and Include normal struc-
tural, mechanical :md electrical enRlneerlng service!'..
2.2 scHEMAT1C DE9IGN PHASE
2.2.1 The Architect shall review the progrnm furnl~hed by the
Owner to a.c;ceruln the requirements of the Protect and shall
2Crlve at a mutual understanding of lIuch requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's pt'OJ\ram, schedule and construction budget
requirements" each In terms of the other, subtect to. the ltmita-
tlone; set forth In SuhparawaPh 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
apprmches to deslgn and construction of the Prolect.
2.2.4 8a.<;ed on the mutually agreed-upon program, schedule
and construction budget requirements, the Architect shall
prepare, for approval by the Owner, Schematic Design Docu-
ment!> con!'.lc;tlng of draw\ng.<; and other documents lfIlLe;trating
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a .pre\lmlnary
estimate of Construction Cost based on current area, volume or
other unit C01'ot!\.
2.3 DeSIGN DEVELOPMOO PHASE
2.3,1 Rased on the approved Schematic Design Documents
'And any aditl~ments authorized by the Owner In the program,
schedule or construcllnn budget, the Architect !thall prepare,
for approval hy the Owner, Ocsl~ Ocvelopment Documenle;
cone;lstlng of drawing.<; and other documents to tlx and dcscrlhe
the sl7.e and character of the Project a.e; to architectural, struc-
tural, mechanical and electrical systems, materials and such
other elements as may he appropriate.
2.3.2 The Architect shall advlJ;C the Owner of any adjustments
to the preliminary e.<ltlmate of Con,o;trucllon Cost.
2.4 CONSTRUC11ON DOCUMENTS PHASE
2.4.1 Ra.o;ed on the approved Design Development OOCt.l-
menl'l and any further adlu.<;tments In the scope or quality of
the Project or In the construction hud~et authorized hy the
Owner, the Architect AAall prepare, for approval hy the Owner,
Conc;tructk>l1 Documents cone;lstlng of Drawings and Spc<ifl<.':I'
t/onll ::;CUing forth In detail the requirements for the constmc-
lion of the Project.
2.4.2 The Architect shall a....e;lst the Owncr In the preparatllm of
the necessary hlddlng Information, \'lIdding forme;, the Condi-
tione; of the Conlract, and the form of Aweement between the
Owner :md Contractor.
2.4.3 The Architect llhall advio;e the Owner of anr adlulltmenle;
to prevloull preliminary e.<ltimal~ of ('.onstru<:'tlon Cost Indi-
cated by chanRC-e; in requirements or gene'ral market coodlllons,
2.4.4 The Architect shall as.e;lst the Owner In connection with
the Owner's responsihillty for t1lin~ documentll required for 4;'1
the approval of governmental allthoritk~ having Ju!i.~dlction ~
over the Project,
.,.... ?U~ f:J
~ 2.5 BIDDING OR NEGOTlATION PHASE ' ~ ~P.~tlA1
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of tile latest preliminary estimate
of Cone;truC1ion Cost, llhaJl a.c;.c;lst the Owner In obtaining hid..
or negotlaled propo.sals and a.c;slst In awarding and preparing ,'f\J ~
contracts for construction. ' ~'
'* 2.6 coMSTRUCTlON PHASE-ADMINISTRATION * ~
OF THE CONSTRtJCTlON CONTRACT ~T tJ ~
2.6.1 The Architect's respon'llblllty to provide R:lSlc ~~~-n~
for the Construction Pha.'lC under thlli Agreement commences
with the award of the Contract for Construction and lermlnates
at the earlier of the Lc;.e;uance 10 the Owner of the Rnal Certlt1cate
for Payment or 60 days after the date of Substantial C.ompletklO
of the Work, unless extended under the terms of Suhp:lragraph
lO.3.3.
2.8.2 The Archlt~ct shall provide admlnLc;tratlon of the Con-
tract for Conc;tructlon a.'l set forth below :md In the edition of
AlA Document AlOI, General Conditione; of the Contract for
Construction, current a.<; of the date of this Agreement, unles.e;
otherwise provided In this Agreement.
2.8.3 Duties, responslblllti~ and limitations of authority of the
Architect shall not be restricted, modlfled or extended wflhout
written agreement of the Owner and Architect with consent of
the Contractor, which conc;ent shall not he unreasonably
withheld.
NJ. ~ 8141 . OWNF.R-ARCIIITECT AGREIlMF.NT · FOURTF.F.NTII EDITION · AlA- · @1l)!l7
THF. AMF.RICAN INSTIH/TE OF ARCUn'F.CTS. 17.~5 NF.W YORK AVRNIIF.. N.W" WASIIINC,TON. I),C, 21'100(,
B141-1987 2
&.v... 1IIIl::: IUUIIlCl.:Il>lJaJl UC 3ICJJraaIl3UVC:: VI ano snail auvlSe
and consult with the Owner (1) dlll'lng constructkJn untU final
payment to the Contractor is'due, and (2) as an AddltloOal Ser-
vice at the Owner's direction from time to time during the COT-
rectlon period described In the Contract for Construction. The
Architect shall have: authority to act op behalf of the Owner
only to the extent provided In this Agreement unless otherwi1;e
modified by written Instrument; ,
2.8.5 The Architect slWl visit the site at Intervals appropriate
to the stage of construction or as otherwise 2greed by the
Owner and Architect In writing to become generally familiar
, with the progress and quality of the Work completed and to
detennlne In general If the Work Is being perfOrined In a 1Tian-
ner indicating that the Work when completed wUl be In accor-
c:wu:e with the Contract Documents. However, the Architect
shall not be required to make eXhaustive or continuous on-site
inspections to check the qualJty or quantity of the Work. On
the basis of on-site observations a.o; an architect, the A.<<:hitect
shall keep the Owner Informed of the ~ and quality of
the Work, arid shaD endeavor to guard the Owner agaIn~
defects arid def1clendes In the Work. (More extensive site
representation may be agreed to as an Additional Senrtce, as
described in Paragraph 3,2.)
2.8.8 The Architect shall not have control over or charge of
and shall not be responsible for construction means, method'i,
techniques, 5eq~ences or procedures, or for safety precautions
and programs In connection with the Work, since thec;e are
solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible (or the
Contrnctot'sl!chedliles or t"allure to carry out the Work In accor-
dance with the Contmct Documents. The Architect shall not
have contn)1 over or c1Yolrge of act'i or omissions of the Contrac,
tor, Suhcontractors, or their ~t!\ or employee.~, or of any
other persons performing portions of the Work.
2.8.7 The Architect shall at all times have access to the Work
wherever It Is In preparation or progress.
2.8.8 Except as may otherwise be provided'ln the Contract
Document.; or when direct communications have, been spe-
cially lllUhorlzed, the Owner and Contractor shall communicate
throuRh the Architect. CommunlcatkJns by and with the Archi,
tect's cunsuJtantsshall be throuRh the Architect.
2.8.9 Ba.c;ed on 'the Architect's observatkms and evaluation.; of
the Contrnctor's Applications for P:tyment, the Architect shall
revfew -:'hd tenlfy the 2IJ10unts due the Contractor.
2.8.10 The Architect's certification for payment sh~1 consti-
tute :I representation to the Owner,' based on the Architect's
ohservatlons at the site a.<; provided In Subparagraph 2.6.53J1d
on the data col'hprlslng the Contractor's Application. for Pay-
ment, that the Work has pmgres.'led to the point .indlcated and
,that, to the best of the Architect's knowledge, Information and
, hellef, quality of the Work L<; In accordance with the Contflict
Documents. The' foregoing representation,; are suhJect to an
evaluation of the Work for conformance with the C.ontract
Documents upon Substantial Completion; to ~ults of sublle'
q\lent tests and Inspections, to minor deviations from the Con.
tmct [)onuncnts correctable prior to completion :mdtollpe-
dt1cqu:1llflcatk)fis expressed by the Architect, TIle IssuanCe ofa
Certificate fur Payment shaD further con.;tltute a representation
that the Contractor L'lentltled to paymen! In the amount certi-
fied. However, the l<;.c;uance of a Certificate for Payment shall
not he a reprec;entatlon that the Architect has (I) made exhaus-
tive or cnntlnuou.c; on-~Ite In~pectlon.., to check the quaUty or
AlA DOCUMENT 8141 · O\VNER,ARCHITBCT AGREEMENT. FOURTEENTH I!DITION . AlA- · @1987
TIIF.AMF.RICAN INSTITIJTF. OF ARCHITECTS, 173S Nl!W YORK AVENUE, N,W., WASHINGTON, D,C, 2()(J06
3 8141.1981
quantIty or the WOrk, (2) revlewecl construction means, meth-
O<b, techniques, sequences or procedures, (3) reviewed copies
of requisitions received Ctom Subcontractors and material sup-
pllers and other data requested by the Owner to suhstantlate
the Contractor's right to payment or (4) ascertained how or for
what purpose the Contractor has used money prevlou.,ly paid
on accounr of the Contract Sum.
2.8.11 The Architect shall have authority to reject Work which
does not conform to the Contnct Documents. Whenever the
Architect con'ilders It necessary or advlsahle (or Implementa-
tion of the Intent of the Contract Documents, the Architect wtll
have authority to require addltlonallnspectlon or testing of the
Work In accordance with the provision.; of the ("..ontract Docu-
ments, whether or not such Work Is fabrlcaled, In..taIlcd or
completed. However, neither this authority of the Architect nor
a decision made In good fulth either to exerd.o;e or not to exer-
clc;e such authority shall give rille to a duty or responslhUlty of
the Architect to the Contractor, Subcontractors, material and
equipment suppliers, their agent'! or employees or other per-
sons perfonnlng portions of the Work.
2.8.12 The Architect shall, review and approve or take other
appropriate action upon Cont1':lctor's submittals such as Shop
Drawings, Product Data and Samples, but only, for the limited
purpose of checking for conformance with Information given
and the design concept expres.c;ed In the Contract Documents.
The Architect's action shall he taken with such rcasonable
promptness as 10 cause rio delay In the Work or In the con-
struction of the Owner or of separate contractors, while aI/ow-
Ing suffident time In the Architect's professional ludgment to
permit adequate review, Review of such submittals L'l not am-
ducted for the purpose of determining the accuracy and com-
pletenesR of other details such as dimension.. :rnd qU:lnrllfes or
for substantiating Instructions for Installation or perfonnance of
equipment or.systems deslRJled by the Contractor, an of which
remain the responsibility of the O:>ntractor to. the extent
required by the Contract Documents. The Archltcct'!l review
shall not constitute approval of safety precautions or, un\es.<;
otherwise spedfical/y stated by the Architect, of con,tructlon
means, methods, techniques, sequences .or procedures, The
Architect's approval of a spedfic Item shall not Indll":tte
approval of an assembly of which the Item Is a component.
When profe.o;slonal certlf1callon of perfonnance chamcterlstiC5
of materials, systems or equipment L.; required by the ClmtTact
Documents, the Architect shall he entitled to rely upon ll1.lch
certlflcatlon 10 estahllsh that the materlalo;, systems or equip-
ment will meet the perfonn:mce criteria required hy the Con-
tract Documents,
2.8.13 The Architect shall prepare Change Orders and Con-
struction Change Directives, with ll1.lpportlng documentallon
and data If deemed necessary hy the Architect a.'l provided In
Subparagraphs 3,1.1 and 3.3.3, for the Owner's approval and
execution In accordance with the Clmt1':ld Documents, and
may authorize minor changes In the Work not Involving an
ad\u.'itment In the Contract Sum or an extension of the Contract
Time which are not inconsistent with the Intent of the Contract
Documents.
2.8.14 The Architect shall conduct Inspecllons to determine
the date or dates of Suhstantlal Completion and the d:lte or final
completion, shall receive and forward to the Own("r for the
Owner's review and recordc; written wamntlcs and related
documents required by the Contract Documents and a.'lscm.
, hied by the Contractor, and shalllsstll' a final (;crtlf1cale for Pay-
ment upon compliance with the requiremenrs of the Contracl
Documents.
2.8.1& The Architect shalllnterpret and decide IT\2Uct'S con-
cerning performance of ttie Owner and Contractor under the
requirements of the ('.ontract Documents on written request of
either the Owner or Contractor, The Architect's response to
such requests shall be made with reasonable promptness and
within any time IImils agreed upon.
2.8.18 Interpretatlon.'i and decisions of the Architect sha11 be
con~'itent with the Intent of and reasonably Inferable fmm the
Contract Oo<:uments and shall be In writing or In the form of
drawlng.~. When making such Interpretations and initial ded-
slons, the Architect shall endeavor to secure faithful perfor-
mance by both Owner and Contractor, shall not :;how partiality
to either, and :;hall not be liable for result'i of Interpretations or
ded.~ions so rendered In good faith.
2.&.17 The Architect's ded.c;k)n'i on mailers relating to aesthe-
tic eITect shall he final If consistent wllh the Intent expre:cosed In
the Contract Documents,
2.&.18 The Architect shall render written decisions within a
rea.'lOnahle time on all claim.'l, dL'lpute'i or other matters In ques-
tion between the Owner and Contractor relating to the execu-
tion or progre!\.c; of the Work a'iprovlded In the Contract
Documents.
2.8.19 The Architect's ded.c;lons on claim:;, dlc;putes or other
matters, Including those In question between the Owner and
('..ontractor, except for tho~ relating to aesthetlc,effect as pro-
vided In Subparagraph 2,6,17, shall he subject to arbltratkm as
provided In thlc; Agreement and In the Contract Documents.
ARTICLE 3
ADDmONAL SERVICES
3.1 GENERAL
3.1.1 The services described In this Article 3 are not induded
In Basic ServlCel\ unles.'\ SO Identified In Article \2, and they shall
he paid for hy the Owner as provided In this Agreement, In
addition to the compensation for Basic Services, The services
described under Paragraphs 3.2 and 3.4 shall only be provided
If :llIthorl7.ed or confirmed In writing by the Owner. If servlCCl;
described tinder Contingent Addltkmal Services In Paragraph
3.3 arc required due to circumstances beyond the Architect's
contml, the Architect shall notify the Owner prior to com-
mencing such services. If the Owner deems that Stich services
described under Paragraph 3.3 are not required, the Owner
shall Rive prompt written notice to the Architect, If the Owner
IndlC2te; In writing that all or part of such Contingent Addl-
tlnnal Services are not required, the Architect shall have no obll-
Ration to provide tho..c;e services.
3.2 PROJECT RePAEsENTAnON BEYOND BAste
SERVICES
3.2..1 If more extensive representation at the :lite than Is
described In Suhparagraph 2.6.5 Lo; required, the Architect shall
provide one or more ProJect Representatives to assist In carry-
Ing out sllch additional on-site responsibilities,
3.2.2 ProJect Representatives shall be selected, employed and
directed hy the Architect, and the Architect sh:1I' he com pen-
:coated therefor as agreed by the Owner and Archltcct. TIle
duties, re>ponslbllltie!! and limitation!> of authority of Project
Reprt'Sentali\'l":'l I\h:lll be :IS described In the edition of AlA
{)o<:\nnent 8;\~2 current as of the date of this Agreement, unless
otherwise :!Rrce<.!.
3.2.3 Through the observations by such Protect Repre.o;en-
tatlvcs, the Architect shall endeavor to provide further protec-
don for the Owner agaIn.'it defectc; and defl~cte.c; In the Work,
but the furnishing of such proJect rep~tatlon shall not
modify the rights, responsibilities or obligations of the Architect
as descrlhed elc;ewhere In thl'i Agreement,
3.3 c::otmNOENT ADDmONAl SERVICES
3.3.1 Making revisions In Drawing<;, SpedflC:lllons or other
documents when such revisions are:
.1 Inconsistent with approvalc; or instnrctlon:co prevkmsty
given by the Owner, Including revr.:lons made nece!!-
sary by adJustments In th<: Owner's program or ProJ-
ect budget;
.2 required by the enactment or revl'llon of codes, laws
or regulatlon<; subsequent to the preparation of stl(:h
documents; or
.3 due to changes required as a result of the Owner's fail-
ure to render decisions In a timely manner,
3.3.2 Providing serviCCl; required bCC:llISC' of slgnUkanr
chan~es In the ProjectlndudJng, but nOllimltetlto, sire, qual-
Ity, complexity, the Owner's schedule, or the method of hid-
ding or negotiating and contracting for construction, except f()r
services required under Subpa~r.lph ').2,'),
3.3.3 Preparing Drawlng.c;, Speclflcatlon.'i and other documen-
tation and supporting data, evaluating Contractor':; prop()sal~,
and providing other !lCrvlces In connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services In connection with evaluating suhstl-
tutlon'i proposed I.1v the ('.ontractor and making subsequent
revL~lons to Drawings, Speclfkatkms and other docl.lmentatklll
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other cauc;e during conc;tructlon, and fur-
nishing services required In connection with the replacement
of such Work. '
3.3.8 Providing services made necessary by the default of the
Contractor, by major defects or deficiencies In th<: Work of the
Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction,
3.3.7 Providing services In evaluating an extensive mimher of
claims suhmltted by the Contractor or others In connectkm
with the Work. '
3.3.8 Providing services In connection with a puhllc hearing.
arbitration proceeding or I~al proceeding except whC're the
Architect l<; party thereto.
',3.3.9 Preparing documents for alternate, :<oeparatc or sequential
bids or providing !lCrvlces In connection whh hl<kllnR. negotia-
tion or ron.~truetlon prior to the completion of the Construc-
tion Documents Pha.'ie.
3.4 OPTIONAL ADDITIoNAL SERVICES
3.4.1 Providing analyses of the Owner's need~ and prn~ram-
mlng the requirementll of the Project.
3.4.2 Providing financial feasihlllty or other special swdies,
3.4.3 Providing phlilOlng survcy~, she evaluations or com-
paralive I\tudlcs of prospective sites. '
AlA DOcUi1ENT 8141 . QWNER,ARCItITECT AGREEMENT · FOURTEENTH BOmON · AlAe · @1987
TllF. AMf.RICAN INSTITUTE OF ARCHITF.CTS. '735 NEW YORK AVENUE, N,W" WASHINGTON. D.r.. 2()(MlO
8141-1981 4
3.4.4 Providing ~pcclal ~u~cys. environmental studies and
...ubmL....lk>ns required for approvaL<; of governmental authorities
or others havlnR \urfOOlctl(m over the Protect.
3.4.5 Providing !il'rvln..'tl relallve to (uture f:zdlltles, ~YSICfl1S
and equlpmcnt.
3.4.6 P((wldlng ~rvlce; to Investigate ex:l~rlng e(rodlrlon!; or
(acillt/es or to make mea.qured drawlnw; thereof..
3.4.7 Providing !lervlces to verify the accuracy of drawings or
other In(ormation furnished by the Owner,
3.4.8 Providing coordination of constructkm perfonncd by
separate contractol'll or hy the Owner's own forces and coordl-
nat/on o( !lervlces required In connection with constructkm
performed and equipment supplied hy the Owner.
3.4.9 Provldln~ !lervkes In connection with the work of a con-
structkm man:rger Of separate consultants retained by the
Owner.
3.4.10 Providing detailed estimates of Con..tructlon Cost.
3.4.11 Providing detailed quanllty surveys or Inventorlell of
material, equipment and labor.
3.4.12 Pnwidlng :rnalySCll of owning and operating costs.
3.4.13 Providing Interior design and other similar !lervkes
required for or in connection with the !lelectlon, procurement
or Installation of furniture, fumlshln~ and related equipment.
3.4.14 Provkllm~ services for planning tenant or rental space;,
3.4.15 M:tklnglnvelltlgltbn... bwentorfes of materials or e<lulp-
menr, or valuatkln'i and detailed apprai'l31.<; o( existing facUlties,
3.4.16 Preparing a set of reproducible record drawings show-
Ing slgnlfic:lOt change!; In the Work made during construction
h:r;ed on marked-tip prints, drawlnw; and other data furnished
hy the Cnmractor ro the Architect,
3.4.17 Providing a.c;slstance in the utlfl7..ation of equipment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, tr.lInlng pel'llOnnel for
operation and maintenance, and con'iultatlon durlnR operation,
3.4.18 Providing service,.; afrer issuance to the Owner of the
final Certificate for Payment, or In the ahsence of a final Cer-
tlflC:lle for Payry1ent, more than 60 days after the dare of SuO-
~tanllal Completion of the Work,
3.4.19 Providing services of consultant" for other than archi-
tectural structural, mechanical and electricll engineering por-
tions of the Pro/eet provided as a part of Basic ~ervlces.
3.4.20 Providing any other !lervlces not otherwl:;e included In
thle; Agreement or not customarily furnished in accordance
with generally accepted archltecturnl practice.
ARTICLE 4
OWNER'S AESPONSIBlUTIES
4.1 The Owner shall provide full information regarding
requirements for the PmJect, Inciuding a program which shall
set forlh the Owner's ohtectlves, schedule, constrainrs and erl,
terla, Including spa~ requirements and relationships, flexi-
bility, e'ltpandabillty, special equipment, systems and site
requirements,
4.2 The Owner shall estahll..h and update an overnll tmrlRet for
the Profect, Including the Consrmct!on Cost, the Owner's other
custs and reasonahle continReodes rclared to all of these <:flSts_
':0
4.3 If requested hy the Architect, the Owner shall fumlsh evl.
dence that financial arrangeolCnts have been nude to fumn the
Owner'!: ohligatkms under rhL<; A~reemenl.
4.4 The Owner shall designate a representatlvc authnrl7.ed to
act on the Owner's hehalf with respect to the Project. 111e
Owner or slIch authorized repm;entatlv(' shall render dcdslons
In a timely manner penainlng to document'l suhOlitted hy the
Architect In order to avoid \ln~!;omthle delay In the nrllerl)'
and sequential progn,'ss of the Archltecr's :;ervlce!:.
4.5 The Owner shall fumLc;h surveys descrlhlng physical
characteristics, leg:llllmttatlons and utility locations for the site
of the Projecr, and a written legal description of the site. The
surveys and legal information shall Include, as applkable,
grades and lines of streets, alleys, pavements and adj()lnlng
pmpeny and stntctures; adJacent dralnaRC; right'i-of-way,
restrktk1n.., easement'l, encroachments, 7.onlng. deed restric-
tions, boundaries and <:fmtoul'll of the sire; locatkms, dlmen-
skms :lIld nc<:es...ary data penainlng to exl<;tlng hul!dlng.... other
Improvements and trees; and Infonnatlon concernIng avallahle
utility services and lines, hoth public and private, ahove ami
below Rrade, includin~ Invert.; and depths, All the In(ormatkm
on the survey shall he referen('ed to a protect benchmark.
4.6 The Owner shall furnish the services of J({"()technlcal engi-
neer.; when such services are requested by the Architcct, Such
SCfvices O1a)' Include hut are nor IImlte<1 to lest horlng.c;, rest
pits, detennln:Jtlons of soil hearing values, percolation tellts,
evaluations of ha7.:lrdous materials, ground ('orroslon and resis-
tivity tesrs, including neces.....ry <>pcr:ltkms for anlldpath1g sub-
soil conditions, with reports and appropriate prnfesskmal
rec(lmmend.1ti(Jn'i,
4.8.1 The Owner shall furnish the :;ervlcell of other consul-
tants when such services are reasonably required hy the scope
of the Project and are requested hy the Architect.
4.7 The Owncr shall furnish slm<.1urol, O1ech:lOkal, d1<..,nkal,
air and water pollution tellts, tests for ha7.:lrdOlL'i material'!, and
other Iahoratory and environmental tests, Inspec1ioll.<; and
repons required hy law or the Contract Documcnts,
4.8 The Owner shall fumlshallkgal, 3(,(,()unlln~ and lnsurnn<..c
coull.<;cl!ng servk:cs as may he nece<;.o;:try at :mr lime- for the
ProteCt, indudlng auditing serylces the Owner m:lY require to
verify the Contractor's Applications for P:trment or to :t.Kenain
how or for what purposes the C.ontractor ha.<; used the money
p:tld by or on hehalf of the Owner.
4.9 The services, Informal/on, surveys and reports required by
Paragraphs 4,5 lhrough 4.8 shall he furnished at the Owner's
elCpense, and the Archllect shall he entitled to rely upnn the
accuracy and complerenes.'l thereof.
4.10 Prompt written notice shall be given hy the Owner to the
Architect If rhe Owner hec{)rn~ aware of any fault or defect In
the Prote<.'1 or nonconformance wilh the OlOlract Documents,
4.11 The proposed language of cerliflC:lles or cenlticatlons
requellted of the Architect or ArchItect's C'Onsullanls shall be
submitted 10 rhe Archllecr for review and approval at Icasl ) 4
days prior to executIon, The Owner shall not request certifICa-
tions Ihal would require knowled~ or :;ervlces beyond the
scope of this Agreement.
5 8141.1987
AlA DOCUMENT 8,., · OWNER,ARCIlITECT A(;REEMF.NT · FOlJRTEENTIl EDI1'ION · AlA- · @1<)ll7
TIll! AMERICAN INSTll'llTF. OF ARCIIITECTS, 17~~ NEW VORK AVENI IE. N,W" WASIIINt.TON.Il,C, 21l(l(J(,
AfUICLE 6
CONSTRUCTION COST
5.1 DEFlNIT10N
5.1.1 The Conlltrnction Cost shall be the tural cost or esti-
mated COllt to the Owner of all elements of the Project delIlRned
or specified by the Architect,
5.1.2 The Con!ltructkm Cost sh:rlllndude the cost at current
market r:ltes of labor and materiaLo; furnillhed by the Owner and
equipment designed, specified, selected or llpedally provided
,br by the Architect, plus a reasonable allowance for the Con-
tt:tctor's ov~rhead and profit. In addition, a reasonahle allow-
ance for ~mtlngencies shall he Included for market conditlon.'\
at the time of hlddlnR amI for changel In the Work durlnR
cnnstf\lctlon.
5.1.3 Construction Cost does not Include the compensation of
the Archltl'l'1 and Architect's consultants, the cost!l of the land,
rights-of-way, financing or other COllts which are the re;pon,
!llhlllty of the Owner Ole; provided In Article 4.
5.2 RESPONSIBIUTY FOR CONSTRucTION COST
5.2.1 F.\':duatlons of the Owner's ProJect budget, preliminary
estlm:ltes ofCon.e;tructlon Cost and detailed estimatel of Con-
struction ('.ost, If any, prepared by the Architect, represent the
Architect's best judgment a<; a design professional famlUar with
the comtructlon Industry, Ill'! recognized, however, that nei-
ther the Architect nor the Owner ha<; COOlrol over the cost of
labOr, material!! or equIpment, over the Contractor's methods
of determining hid pri~, or over competitive bidding, market
or negotiating conditkms. Accordingly, the Architect cannot
and doe'! not warrant or represent that hlds or negotiated prices
will not vary from the Owner's Project hudgetor from any
estimate of Construction Cost or evaluatl(m prepared or agreed
to hy the Architect,
5.2.2 No fixed limit of Construction Cost shall be ~tahlished
ae; a cOlldltltm of thl.. Agreement hy the furnishing, proposal or
estahlishment of:l proJco hudget, unless such fixed limit has
been :qtrecd 'upon In writing and signed by the parties hereto. If
sllch a fixed limit has been eltablloi;hed, the Ardtitect shall he
perntiucd tu Indudc contingencies for design, hiddlng and
price escalation, to determine what materlals,equlpment, COID-
ponenr ,'!ystem.<; and types of construction ,arc to he included In
the Contract Oocuments, to make reasonahle adjustments In
the !>Cope of the ProJect and to Include In the Contract Docu-
ments alternate hid.. to adJust the Construction Cost to the I1xed
limit. Fixed limits, If any, shall be Increased in the amouO[ of an
Increase'in the Contract Sum occurring after execution of the
Contr:lct, for Construction.
5.2.3 If the BIdding or Negotiation Phase has not commenced
within 90 days after the Architect submits the Construction
Doolmeots to the Owner, any Project budget or fixed limit of
Constf\lctlon('.ost shall he adjusted to reflect changes In the
general level of prices in the constructlon industry between the
d:lte of suhmlsslon of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 1f a fixed Umlt of Ctmstnlct\qn Cost (adjusted a.. pro-
vided In Suhparagraph ';.2,3) Is exceeded by the low~t bona
Ode hId or nep,oUated proposal, the Owner shall:
.1 give written approval of an Increase In such fixed
Umll:
.2 authorize rehlddlng or rencgoUatinR of the Prnjet1
wIthin a re2.'\otY.lh\1: time;
.3 if the Project l<; ahandoned, terminate In acl"Ordance
with Paragraph R,3i or
.4 C(X)per:lle In revising the proJ<:t1. 1lC,:opc and quality as
required to r'educe the Constnlcllon Cost.
5.2.5 If the Owner chooSCll to prncc(,-d un ocr Clause ';.2.4.4,
the Architect, wlthouI additional charge, shall modify the Con-
tract Documents a.<; neces.<;ary to C(mlply with the fixed limIt, If
elt:lbllshed as a condition of thl'! ARreemenl. The IllcKllficatlon
of ContrACt Documents shall he the limit of the Architect's
responsibility arising out of the estahlt..hment of a fixed limit.
The Archite<'t shall he entitled to compem;atlon in accordance
with thl.. Agreement fur all services performed whetht."!" or not
the ConstruClion PhOl'le Is commt'nced,
'ART1ClE 6
USE OF ARCHITECT'S DRAWINGS,
SPEClFICAT10NS AND OTHER DOCUMENTS
6.1 The Drawings, Spedflc"atlons and other documents pre.
pared by the Architect for this Project are In<;truments of Ihe
Architect's service fur \1.'lC solely with respect to this ProJl'(,1
:md, unless otherwise provided, the Archllect shall he deerne<.l
the author of these documents and :cohall retain all (:omOlon law,
statutory and other reserved riWits, Indudin~ the copyright.
The Owner shall he permitted to retain coriell, including repro-
dudhle cople!i, of the Architect's Drnwlngs, Spcclf\c:ltlon.'\ :md
other document!l for Infonnatkm and reference In connecllon
with the Owner's u.'lC and nccupancy ohhc {'mlect, The Archi-
tect's Drawings, Speclfil":ltlons or other dCK1.II11cnt:co shall not he
used hy the Owner or others on other projects, for additions to
this ProJect or for completion of this ProJect hy others, unless
the Architect 1'! adJudged to he In default under Ihls Agreement,
except hy agreement In writing and with appropriate compen-
sation to the Architect.
8.2 Subml<;,..ion or die;trihutlon of documents to mect official
regulatory requirements or for similar purposes In ("onnectkm
with the ProJect Is not to be construcd as puhllC:lllon In dernR:!'
tlon of the Architect's reserved rlRhl'>,
ARTICLE 7
ARBITRATION
~~
Claims, dLc;putes or other matters In question between
pan to this Agreement arising out of or relating to Ihls ree-
ment or each thereof shall he sub)co to and dectde 'Y :u\1\-
tratlon In a )rdance with the Construction Inti ry MhUra-
tlon Rules of t Nner\can Arhltntion Assoc 'n currently In
effect unless the les mutually ~rce ot ic;e,
7.3 Nt rhltratlon arl'ling out ofor relating to Ihls recmenl
sha elude, hy consolldatlon,Jolnller or in any other ner,
additional pef!i(lO or entity not a part)' to this ARreell1
"'" 0C)CUtIa(l B\4\ . QWNBR-ARCIIlTECT AGREEMBNT. I'OURTEI!N1lf ON · AlA- · (91987
TilE AMF.RIC.AN INSTITUTE OF ARCIIlTl!CTS, 17'<; Nl!W YORK AVBNUE, N.W" WASHINGTON, D,C, 21lOO6
8141.1987
AFmcLE 8
TERM'NAllON, SUSPENSION OR ABANDONMENT
8.1 Tht~ Agreement may he termlhated by dther party Upoh
nor Iesl\ rhan seven days' written notice should the other party
fall substantially to perform In accordance with the terms of this
Aweement through no f.IuJt of the party Initiating the termlnatlon_
8.2 If the Project Is su.~ded by the Owner for more than 30
conl'oeCurlve days, the Architect shall be compen'lated (or ser-
vices perfonned prior to notice of such lruSpenslon. When the
Project i'; re;umed, lhe Architect's compensation shall be equl-
tahly adJu.~ted to provide (or expenses Incurred In the Interrup-
tion and resumption of the Architect's serVices.
8.3 Thls Agreement may be terminated by the Owner upon
not Ies.<; than ~ven d1}'S' wrluen notice to tht' Architect In the
event th:tt the "rolcel l'l {K"nn:mclltly ah:u\donl"d, If lht' r..oft't,-t
Is ah:tndoned hr tlK- Own('f for more th:m I}O {"I)m<<utl\.e tbrs,
the Architect may terminate this Agreement br giving wrlnen
notice.
8.4 failure of the Ownet to make payment!'\ to the Architect In
accnrd:mce with thLe; Agreement shall be considered substantial
nonperformance and cause for termination,
8.5 If the Owner falls to make payment when due the Archi-
tect for services and expenses, the Architect Ill2Y, upon seven
days' written notice to the Owner, suspend performance o( ser.
vlcel> under this Agreement. Unles.'l payment In fun is received
hy the Architect within seven days of the date of the notice, the
stJ."penslon !lhall take effect without further notice. In the event
of a sU!lpenslon of services, the Architect shall have no lIabUlty
to the Owner for delay or damage cau.c;ed the Owner becau.'le
of !'\uch !:U:;pe1lslon of services,
8.8 In Ihe event of termination not the fault of the Architect,
the Architect shall be compensated for services performed prior
to termination, tOKether with Relmbl.lr.lable Expen5ell then due
and all Termination Expenc;es as defined In Paragraph 8.7.
8.7 Termination Expenc;e; are In addition to compensation for
Basic and Additional Services, and Include expen.c;e;'whlch are
directly attrlhutahle to lermlnallon. Termination Expen!;eS shall
he compuled as a pcrcenta~ of the total compensation for
Aasle Services and Addlllonal Services earned 10 the lime of ter,
mlnaHon, 3S follows:
.1 Twent}' percent of the total compensation for Basic
and Additional ServiCe!; earned to cbte If termination
occurs before or durln~ the predcslgn, site analysis, or
Schematlc DesiR" Pha..c;el;; or
~
~
.2 Ten percent of the total compensation for Bask and
AddJtlonal Services earned to dare II tennlnatlon
~rs dUrlil8 the DesJgn Developmenl Pha,<;e; or
.3 Five percent of the total compensation for Basic and
Additional services earned to dale If termination
OCOJI'S during any subsequent ph'MlC.
'<i
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, thlsAgreement shall be gov-
erned by the law of the prlndpal place of business of the
Archit<<t.
9.2 Terms In this Agreement shall have the same meaning a.e;
those in AlA Document A201, General Conditions of the Con-
tract for Construction, current as of the date of thi'; Aweemenl,
9.3 Causes of action between Ihe JY.Irtles 10 thle; Agreement
pertaining to acts or t"aflures to act shall be deemed to have
accrued and the appUcable statutes of limitations llhall com.
mence to run not later th2i1 dther the dale of Substamial (".om-
plerion for acts or failures to act occurring prior to Substantial
Completion. or the date of !l;su:mce of the final Certificate for
Payment for acts or failures to act occurring after Substantial
, Completion.
9.4 The Owner 2nd Architect waive all rights agaln'lt each
other and against the contractors, consultanlli, agentli and
employees of the other for damages, but only to the extent cov-
ered by property In'iUrance during cone;tructlon, except liuch
rtghts as they may have to the proceed'l of liuch In'lurance a..c; lIet
forth In the edlllon of AlA Onctlment 1\201, (";ener;t1 Conclitlo~
of the Contract fnr t:on~tmc.t1nt1. ("rnom :l" or tht' d:uC" nf thl~
^RrCl'mcnt, nle (),,'ner and Arfhltct.t t'2l.'h !lh:tll f'C(fulr(o !llmll:u
waivers from their contractor.;, con~tlltantli and ~lI,
~.5 The O\'\'1ler and Archltec-t, rC'Specll\'t"I~', hind thcn\sclves,
their partners, succes.<;ors, a.."I.e;tgns and ~al represenrallvt"S 10
Ihe other pany 10 thLe; Agreement and to the partners, SUCceli.
SOr.l, a.'i8lgns and legal representatives of such other pany wlrh
respect to all covenants of thl'l Agreemenr. Neither Owner nor
Architecl shall a......lgn this Agreement wllhout the wrllten con-
sent of the other.
9.8 This Agreement represents the entire and Integrated agree-
ment between the Owner and Architect and 5upc'l'liCdes all
prior negotiations, representations or agreement.'1, either writ-
ten or oral. This Agreement may he amended only hy written
Instrument signed by both Owner and Architect.
~. 7 Nothing contained In thL.. Agreement shall creale a contrac-
tual relationship wllh or a cau.c;e of action In favor of a third
party against either the Owner or Architect.
9.8 Unless olherwLe;e pro~lded In this Agreement, the Architect
and ArchItect's consultant'lllhall have no responslblllly for the
discovery, presence, handling, removal or dle;posal of or expo.
sure of persons to hazardous materials In any form at the Project
site, Including bul not Ihnltcd to ashesto,e;, , a.'Ihcst(~ product.e;,
polychkmnated hlpheny\ (PeR) or other toxic ~at'\(:cs,
9.9 The Architect shall have the tlghl to Include representa,
tlons of the desIgn of the ProJect, Including photogrnphs of the
exterior and Interior, among the Archilect"s promotional and
professional materials, The Archltect"s material" shan not
Include Ihe Owner's amfldenflal or proprietary Infom\3110n If
the Owner has prevlou.'ily advi::;ed Ihe Architecl in writing of
7 1i141-1ft87
AlA DOCUMENT 8141 . OWNER,ARCHITl!CT AGREI!MENT . FOURTI!ENTH I!DITION. AlA. · @19ll7
TilE AMF.IUCAN INSTITUTE OF ARCHITECTS, t 7,~~ NF.W YORK AVENUB, N,W" WASHlNGTON, D,C, 20006
....... -,..--~..~.... ....................-......... .........-..-..........-...../ ......... -......'-.......... """'" """'.....
dent/al or proprietary. The Owner shaD p,rovldeprofesslonal
credit Cor the Architect on tht con'ltructlon sign and In the pro-
motional materials for the Profect.
ARTIClE 10
pAYMENTS TO THE ARCHfTECT
10.1 DIRECT PERSONNEl. EXPENSE
10.1.1 Direct Personnel Expen~ L<; defined as the direct
salaries of the Architect's personnel engaged on the ProJect and
the portion of the cost of their mandatory and customary con-
trlt>uUon~ and benefits related thereto, such as employment
taxes and other statutory employee benefits, In~urance. sick
leave, holld2ys. V2C2tlon~, pensions and similar contributions
:md benefits.
10.2 REIMBURSABlE EXPENSES
,10.2.1 Reimbursable Expeno;es are In addition to compensa-
tion for Bafilc and Additional Services and Include expenses
Incurred by the Architect and Architect's employees and con-
sult:mts In the Intere;t of the ProJect, a.o; Identlfled In the follow-
in~ Clau~.
10.2.1.1 Expense of transportation in connection with the
Project; expen~ In mnnectk)O with authoti7.ed out-of-tl)wn
travel; long-distance communications; and fees paid for secor-
InR approval of authorities havlnR lurLo;dlctlon over the Protect.
10.2.1.2 Expense of reproductions, postage and handling of
Drawlnp;;, Spcciflcatlon~ and other documenlo;.
10.2.1.3 If :nllhori7.ed In advance hy the Owner, expense of
overtime work requlrlnR higher than regular rates.
10.2.1.4 Expense of rendetiflF-o;, modeLo; and mock-ups requested
hy the Owner,
10.2.1..~5 Expenc;e of additional Insurance coverage or limits,
lndudlhg- "iufes.c;lonal liability insurance, requested hy the
Owner In exces.~ of that normally carried by the Architect and
Architect's consultants,
10.2.1.8 Expense of computer-aided design and drafting
equipment time when used In connection with the Project,
.v_
r.... '""'". 0 v.~ "'''''''''U". ur ~I" DC""~
10.3.1 An Initial payment as set forth In Paragraph I 1.1 Is the
minimum payment under thl.c; Agreement.
10.3.2 Subsequent payments for Bask Services shall he made
monthly and, where appllcahle, shall be In proportion to !ICt'-
vices performed within each pha.~ of service, on the haslo; set
forth In Suhparagrnph 11.2.2.
10.3.3 If and to the extent that the time initially estahllc;hed in
SubP:U:lRlaph 11.5,1 of this Agreement l~ exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered during the additional period of time shall he
computed In the manner set forth In SubparaMraph 1 1.3.2,
10.3.4 When compen~tlon Is based on a percemaRe of ("'..on-
struct\on Cost and any portions of the Protect are deleted or
otherwl~ not constructed, compen.~tlon fo~ thOlle portions of
the Project shall be payable to the extent services are per-
formed on those portions, In accordance with the !iChedule set
forth In Subparagraph 11.2.2, based on (I) the lowest bona f1de
bid or negotiated proposal, or (2) If no such hid or proposal Is
received, the most recent preliminary estimate of Construction
Cost or detalJ~ estimate of Construction ('..ost for such por-
tIons of the Protect.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services :lOd for Relmbur5:lhle ExpenSC1\ shall he made m~th'y
upon presentatkm of the Architect's statement of services ren-
dered or expen'iCS Incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall he made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of
the CQ5t of changes in the Work other than those for which the
Architect ha.c; been found 10 be liable,
10.6 ARCH1TECT'S ACCOUNTING RECORDS
10.6.1 Recordo; of Reimbursable Expense; and expenst":\ per-
taining to Additional Services and scrvlc:~ performed on the
ba.<;ls of a multiple of Direct Personnel F.xpcnse sh:dl be avail,
able to the Owner or the Owner's authorl7..ed representative at
mutUally convenient times,
ARna.E 11
BASIS OF COMPENSATION
The Owner sh:lll compcn5:lte the Architect as follows: J
11.1 AN INITlALPAYMENTof N ~ Dollars(S
shall he made upon execution of this Agreement and credited to the Owner's account at I1nal payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES. a.'l described in Article 2, and any other services Induded In Article 12 a.o; part of Raslc Services, 8a.c;1c
Compens.1tlon shail he computed a.o; follows:
(lllS('I'I M,O/,O Il) {'(/""If'>I~tlllrm. im:illdl"l/ sIlpl/lal('d SII"'S, nllllllpll'S or f1t'l't:/!JII(lR''S, alia Uk",ti/v pJ)(Ise$ to !I'bleb pc/rUelllar 1IIr:lllfld< '!f e"'''f'''/I.<i/t/(J11 "/'f'/Y. If
"'~'..,o,oarJ'.)
/;,rt:T'f FIVF- ~~ A/Jb #.10)190 poL.J...t,.,p-'::>
~~/~~
"'~ OOCUtlEMl8'.' . OWNf,!l.,ARCtlITECT AGREEMENT · FOURTEl!N11t EDITION · AlAe · @1987
TIlF. AMERI< :AN INSTITlITE OF ARCtllTECTS. 17,\~ NEW YORK AVENUE. NW" WA.'imNGTON, D,C, 2110116
,8141-1987 8
11.2.2 Where compensation l'l based on a stlpul~ted sum or percentage of Con.'itructlon Cost, prowess paymenl'i f(>r Basic Services
In e2ch pha.c;e shall total the following percentageS of the total Basic Compensation payable: ,. .
(/11,<''''' nddlfHJlltll phn.W5 as tI/>f1mprlal<,,)
'4ii
Schematic OesIR"Phase:
DesIRn Development Phase:
c'(mstmction Documents Pha.c;e:
8lddln~ or N~>tlarl()n Pha.<;e:
Con'itmctlon Pm..e:
ILv z.. C:;O
:22. , SO
2,l.pCbO
NJ\.
Nt~
percent (tS %)
percent (%%)
percent ( 10%)
percent ( % )
p:'r~en~2
TotalR:t'llc Compensation:
(pSI €l!:O
one hundred percent (1 ()O%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATiON BEYOND BAStC SERVtCES. as dc;crlhed In Paragraph 3.2, compensation f;hall be com-
puted as follows:
"10 Pl:- ~arJbrlt::b
11.3.2 FOR ADDlTtONAl. SERVICES OF THE ARCHITECT, as described In Articles 3 and 12, other than (I) Additional ProJect
Rcprcsentatkm, as described In Paragraph 3.2, and (2) services included In Article 12 as part of Additional Services, hut excllldlng ser-
vices of consultants, compensatklO shall he computed :1.'1 folk)",.'!:
(lll$l'rI 00,<1,< rlJ (',;m,w.'$(,tlun, Illt:l."lillH ral,',<,cmdl"r "'"IIII,/(~ "J /l/YC<11't'ncmnel E:q__<e for I'rlllClpal,< cwd ""'pI"I'f'f'$, all" Irh!1lll(1' l>rillClpal,< and dm,</fI'
""'1'1"1,"",. i,. '''qul,..,,', Id<'tlli(l' .<flt.'lflc ,","*'('$ to u'ble#> fJ<lrtlm/"r ",,,'bnd,< ",. (vmr/><"I.<aIl"n apf"Y. If .k,...~<a')'.)' ' ' ,
To !!>b- ,.J~~/~-rJi:b
11.3.3 FOR ADDITIONAl. SERVICE,<; OF CONSlIl T ANTS, Including additional structural, mechanical and electrical engineering
servke~ and those provided under Subparagraph 3.4,19 or Identltled In Article 12 as part of Additional Services, a multiple of
lO ( l. \ ) time.<! the amounts billed to the Architect for such services, '
(/tl<'1'Ub' .</Jt'Cif'e ~l'f>t'.< ,,/ ('('>>1,.,,1111"',< In Artlel.. ,12, If ""qul""".)
11.4 REIMBURSABLE EXPENSES,,'
11.4.1 FOR REIMBURSARLE EXPENSES, as described In Paragraph 10.2, and any other Items Included In Article 12 as Relmhursahle
Expenses, a multiple of I 0 (I . I ) times the expenses Incurred 'Oy the Architect, the Architect's
employees and ~onsultanl'i In the Interest ~f the p-roJect
11;5 ADDITIONAL PROVISIONS
11.5.1 IF THEBAStCSERVICES covered by this Agreement have not been completed within ~VF
( \ L ) months of the date hereof, through no fuulfofthe ArchJtect. extension orthe Architect's services heyond lhatllme !lhall be
compensated a..c; provided In Subparagraphs 10.3,.3 and 11.3',2,
11.5.2 Payments are due and payable 'nH~"Ti ( 30 ) days from the date of the Architect's Invoice,
Amounts unpaid -r~Jl-I"'"f' . ( .3 b ) days after the invoice date shall hear Interest at the rate entered hek>w, or
In the absence thereof ;It tHe legal rate prevailing from time to time at the prlnctpal place of huslnes.c; of the Architect.
(In.<l'rl ml.. oJ 1"/<,_1 aR"'f'd J/{Im',)
(l./sl.n' la'I's arm ~Irmrents muter tbe Feckrdl 7"nt/h (n /.md(lIg Ad, "",tldr state and IoctII consumer c~if laU's and Olber ~lff)n.< allhe (Jumer 's and Arcbl,
I<<:(S 'Jlri"cipal plaef'S of bus;nl!$S, ,,,, IO(dtioll of ,''' rmjed ",!d ~eu,fIere mny Qjff1Ct dw nrlldlly of Ihl.~ pml'lslon, speclflt: leRaI acM~t' slwlUld I1l' ubtained ,,-ilb
r(,$/'f't.'1 t" (/(of..,;"".< or m"df/fr:atfcltls. ,a1ld also ~dlnR '''qmrements slIe,," as ""Iter, d/sdoSIIl'r!S or u>a/Joers.)
9 8141-1987
AlA DOCUMENt IU41 . OWNER,ARCIIITEl., AGREEMENT · fOllRTF.EN1ll EDITION · AlA. · (glt9fl7
nil! AMERICAN INSTITlITI! Of ARCIIITEC1'S, I7:\S NEW YORK AVI!NIIF., N,W.. WASIIIN{;TON.I),C. 20lllltl
. .....\r Ill\; ltll"~~ dl'U .II\.lUI.'I'-"]I.;J,-,, .v...... .....'" ...__....,....._......
pr.tctlces or the Architect, ~.. .--- ".-' ..- ----.-, --,-.. '- - .-. -- -... -.'''--
ARTICLE 12
OTHER CONDITIONS OR SERVlCES
~~:::;::~;~f::.:':::!.::.':::;)!WFI'k~, ftk>ttl[l> Addilional SerI'In's Included urtfbtn Ra.dc ClImpellsatlon and rIl(ldlflmttolls to III(' payment atilt (1I"'/>en.,aUon l<'nl/s
This Agreement entered Into as of the day and year first wrItten above.
ARCHITECT
(Signature)
(I'r;IIlt'tf /Utln€> cmd title)
"VM c.. ~AJ2-NI'E:.fL-
(Printed 'It,me and /tile)
Pp.J;h?
AlA OQCUWlEMt 8141 . ()WNF.R.ARCIllTECT AGREEMP.NT · FOURTI!ENTJI EDITION · AlA fI · @ 1987
TIlE AMERICAN INSTITtll'F. OF ARCIIITF.CTS, 1735 NEW YORK AVF.NlJE, N,W" WASIIINGTON, D.C, 20006
8141-1981 10
It
EXHIBIT A ~
city of Winter Springs
Local Parks Rehabilitation Project
Scope of Work
Park Name
1. 8am 8mith Park
a Existing Amenities To Remain To Be Improved To Be Remove
1) Mon1.11l1ent X
2) Covered Pavilion X
3) North Stabilized Parking Area X
4) South Su.bilized Parking Area X
5) :aast Stabilized Entry Road X
6) Northeast Signage X
7) Gametime Parcourse X
8) Northeast Swingset X
9) Waterfront X
b. Proposed Amenities
1) Tot Play Area
2) Youth Apparatus
3) Paved Parking
4) Paved Entry Road
5) Covered Pavilion
6) Signage
7) Entry Landscaping
8) Residential Buffer
9) Utility Plant Buffer
10) Walkway System
11) Waterfront Walkway
12) Bmy Power Lines
2. Sunshine Park
a Existing Amenities To Remain To Be Improved To Be Removed
1) Entry Signage X
2) 2 Ball Fields X
3) Tennis Courts X
4) Basketball Court X
5) Multi-Purpose Court X
6) 2 Swingsets X
7) Covered Pavilion X
8) Volleyball Court X
9) Paved Parking X
,10) Waterfront X
b. Proposed Amenities
1) Basketball Court
2) Power Court
3) COvered :Pavilion
4) Entry Signage
5) Entry Landscaping
6) Internal Landscaping
7) Walkway System
8) Waterfront Walkway
3. Moss Park
a Existing Amenities To Remain To Be Improved To Be Removed
1) Tennis Court X
2) Racquetball Court X
3) Covered Pavilion X
4) Stabilized Entry Road X
5) Riverfront X
6) Signage X
b. Proposed Amenities
1) Basketball Court
2) Power Court
3) 2 Covered Pavilions
4) Restrooms (by others)
5) Paved Parking
6) Paved Entry Road
7) Entry Signage
8) Entry Landscaping
9) Internal Landscaping
10) TotLot
11) Youth App3ratus
12) Pedestrian Bridge
13) Walkway System
14) Riverfront Walkway
4. Trotwood Park
a Existing Amenities To Remain To Be Improved To Be Removed
1) 3 Ball Fields X
2) Soccer Fields X
3) 2 Tennis Courts X
4) 2 Basketball Courts X
5) 2 Racquetball Courts X
'6) 3 Stabilized Entry Roads X
7) 3 Stabilized Parking Areas X
8) Entry Signage X
9) Gametime Parcourse X
10) Swingset X
11) Climbing Apparatus X
12) 2 Covered Pavilions ' X
13) Picnic / Grill Areas X
,14) North Waterfront X
15) South Waterfront X
16) Bathrooms ' X(NIC)
17) Multi-purpose building X
b. Proposed Amenities
1) Tot Play Area
2) Youth Play Area
3) 2 Soccer Fields
4) 3 Bat, Fields
5) Paved Entrances
6) Paved Parking
1) Entry Sigoage
8) Entry Landscaping
9) Internal Landscaping
lO)Intemal Walkways
11) Waterfront Walkways
12) Waterfront PierslDecks
5. Torcaso Park
a Existing Amenities
1) Monument
2) Basketball Court
3) Power Court
4) Youth Play Area
5) Waterfront
To Remain
X
X
X
X
To Be Improved
X
b. Proposed Amenities
1) Totl.ot
2) 2 Coveted Pavilions
3) Paved Parking Area
4) Entry Signage
5) Entry Landscaping
6) Internal Walkways
7) Waterfront Walkways
8) Waterfront Landscaping (NIC)
9) Waterfront PierlDecks
10) Restrooms (by others)
6. Winding Hollow Park
a. Existing Amenities - None
b. Proposed Amenities- Signage and EnvironmentallNature Walk
7. Ranchlands Park
a Existing Amenities - None
b, Proposed Amenities
1) Youth Play Area
2) Stabilized Parking
3) Entry Signage
4) Eptry Landscaping
8. Central Winds Park - Future Improvements To.Be Detennined
To.Be Removed
':1;'/
EXHIBIT B \!J
CLARIFICATIONS TO AlA D()CUMENT BETWEEN sri AND THE CITY OF WINTER
SPRINGS FOR THE LOCAL PARKS REHABILITATION PROJECf
1, Fees quoted herein are based on our current understanding of the scope of work as aescribed
herein and significant modification to the scope of work may warrant modification of oUr
fees.
2. Fees quoted herein are based on a budget of $ 1,200,000.
3. Fees quoted herein are based on the understanding that we will be preparing standard bid
packages which can be used for all the parks for typical improvements like paving,
walkways. entry landscaping. entry signage. boardwalks. piers. etc,
4. Fees quoted herein are based on the understanding that our, design involvement for specialty
improvements such as tot lot equipment and youth play area equipment. will be limited to
identification of and selection of standard equipment from one or more manufacturers. for
their installation.
5. Fees quoted herein include 2 presentation meetings to the City Commission and 8 public
information meetings with interested community and/or advisory groups,
6. Fees quoted herein are based on the assumption that no overall drainage master plan permits
are required and that only standard stormwater permits are required for minor impervious
surface areas.
7, Owner will provide all necessary and required boundary survey. topographical survey. utility
survey. and geotechnical investigation documentation.
8, Owner will be responsible for restroom facilities to be provided at selected parks,
9. Fees quoted herein do not include bidding and construction administration services. which
may or may not be chosen by the owner at a later date as additional services,
..
.
sri
30 June, 1998 '
Ronald W, McLemore
City Manager ~ity Of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Fire Station No, 26
Enhancement Study
Ron
Pursuant to'our recent cOnversations 'we are pleased to offer the following proposal for professional design
services for the above referenced project
l' SCOPE OF PROJECT
Provide an initial feasibility study to provide alternative solutions for improving the appearance,
noise pollution, air pollution, and general acceptance of the sU1Tounding residential comnmunity,
of Fire Station No, 26,
n. SCOPE OF BASIC SERVICES
sri wiltprovide professional design services for this study as outlined below:
A. Data collection
1. Obtain available existing drawings
2, Meet with fire station perSonnel
3,' Meet with immediate neighbors
B: 'Prepare alternative lllaster plan schemes
C. Prepare an estimate of probable cost for the alternative schemes ,
D. Prepare a written narrative discussing the pros and cons of the alternative schenies
ill. SCHEDULE OF BASIC SERVICES
A. Data collection
B, Alternative master plan schemes and floor plan concepts
C. Narrative and estimate of probable cost
1 week
1 week
1 week
Starmer Ranaldi Planning and Architecture Inc, AA-002984
890 Northern Way Suite E-I Winter Springs, Florida 32708 Phone 407 9771080 Fax 407 977 1019
, ' ,
IV. FEE SCHEDULE
A Data collection
B. Master plans and floor plans
C. Narrative and estimate
V. CLARIFICATION
lump sum
lump sum
lump sum
350,00
750.00
350,00
A Final design and construction administration of the selected improvements can be provided
by sri and are considered beyond the scope of this feasibility study.
We trustthis proposal will be well received, we lbOk forward'to working with you in making this exciting
project a.great success, d upon receipt of you written authorization below we will begin immediately,
~~~J \ ~
~er
President
Approved
c;f
..
.
srI
2 Dec 98
Ronald W. McLemore
City Manager
lQOOEast SR434
Winter, Springs, Florida 32708
Re: TuscaWilla Lighting and Beautification Committee (TLBC)
Entryway Enhancement Project
Planning Study
'Ron
Pursuant to our telephone conversation today attached please find a revised proposal for the above
referenced project based on a planning study (limited services) to develop plans just far enough to obtain a
construction cost estimate from a contractor,
I Scope of Project
A. ,Provide improvements to the entryways into the Tuscawiila residential community to enhance
existing conditions and create a new image that encourages new residents to choose, Winter
Springs as their home:
B. These improvements include lighting, landscaping, inigation, hardscaping (surface pavers and
or walls), and signage, The locations for these improvements are briefly described as followS:
1. '1>rimary"enhancement at the main Tuscawilla entrance located at Winter Springs
Boulevard and Tuskawilla Road, (estimated construction budget $ 650,000)
2. "Secondary" enhancements located at approxinlately 5 other minor entries (estimated
construction budget 5 x $ 50,000 = $ 250,000)
II. Scope of Basic Services
sri can provide complete prOcessional design services for this project including civil engineering,
, landscape architecture, architecture, structural engineering, and electrical engineering suitable for
obtaining building permits and construction, however this proposal is limited to the following'
tasks:
A.' Primary entryway
L Site plan to scale
2, Wall section to scale
3, Electrical single line dia~-am site plan
4. Diagrammatic landscaping plan showing type and quantity of plant material
5, Outline specifications (non detailed written description of materials) ,
B, Secondary entryway
L Site plan to scale
Stanner Rana!di Planning and Architecture Inc, AA-002984
890 Northern Way Suite E-I Winter Springs. Florida32708 Phone 4079771080 Fax 407 977 1019
~
2, Wall section to scale
3, Electrical single line diagram site plan
4. Diagrammatic landscaping plan showing type and quantity of plant material
5, Outline specifications (non detailed written description of materials)
m. Scope of Additional Services
Thefollowing services are considered beyond the scope of basic services and can be provided by
sri upon confinnation of scope and written authorization of the client
A Full professional deign services and construction documents
B. Models
C. Renderings
D. 3D modeling, graphics, fly arounds, videos
E, Public hearing and/or presentations
F. Expert witness / legal testimony
IV. Schedule of Services
v.
A Primary entryway 2 week
B. Secondary entryway 3 weeks
Schedule of Fees
A Primary entryway 14,500
B. Secondary entryway 8,000
Clarifications
VI.
A The fees quoted herein are based on a limited scope of service, are not completed
construction documents, and are subject to sri being retained as the design professional to
complete the construction documents. '
B. Fees quoted herein are based on the assumption that site utilities are readily available at each
location and "off site" utility and or site improvements shall be considered additional services,
c. ,It shall be understood that these plans are being generated from interpolations between ready
maps and aerial photographs with out the benefit of accurate and detailed survey data
We trust this proposal will be well received, we look forward to helping you make this exciting project a
ID'llYour writt: authorization below we .,;ll reg;n _k", soon '" possibl.
President
Proposal Accepted
~M~
, onald W. McLemore City Manager
Date/:l ~? -1f'
..
.
sri
10 pec 98
Ronald W. McLemore
City Manager
1000 East SR 434
Winter Springs, Florida 32708
Re: Amendment No,1
To the Agreement Between Owner and Architect dated 24 Mar 98
For the Local Parks Rehabilitation Project
Ron
,Based on our presentation to the City Commission on 26 Oct 98, and their approval of the overall
, improvements and estimated construction budget, as well as our recent conversations regarding additional
survey andgeoteehnical work needing to Pc done, please acCept this amendment to our above referenced
contract to cover our expense for completing the work
I. Scope of Amendment
This amendinent shallbecomepart of the above referenced contract inclu<:ting the terms and
conditions therein:
A The first change to the scope of work entails an expanded design effort to include the
following park designs which also increased the projecCs construction budget from $
1,200,000to $ 2,135,300: (1,941,200 plus a 10% contingency) .
I) Add "Grizzly Field" to the list of park improvements
2) Add a nature trial between'Moss Park and SWlshine Park
3) Add a nature trail to Winding Hollow
'4) Add a restroo111 prototype design to the project (restroom facilities originally by
others) ,
5) ,Add minor iniprovements to "Central Winds" to the list of park imProvements,
B. The second issue is not a change-but rather a clarification, which is the additional survey and
geotechnical work required to complete our design. which is not part of our sCope of service
in the original contract, andin fact is listed as by owner. We in an. effort to stay on schedule
have solicited proposals for these services and want to confirm here that the City will pay for
same, The approximate costror survey and geotechnical services is as follows:
1) Surveywork~ Trotwood 'Park , $ 1219,00
2) Survey work at Sunshine Park 1474.00
3) Survey work at Wind.ing Hollow 1474,00
4) Geotechnical w9rk at all parks 4660..00
Starmer Ranaldi Planning and Architecture Inc. AA-002984
890 Northern Way Suite E-I 'Winter Springs, Florida 32708 Phone 407 977 1080 Fax 407 9771019
.'
,
II. Schedule of Fees
A For the additional design work we propose the original fee of 65,000 be increased by 45,000,
bringing the total to $ 110,000 or 5.15% of the $ 2,135,300 construction budget.
B. For the survey and geotechnical work we are proposing an allowance of $ 9,000 be set aside
and we will forward all invoices for these services directly to the City for payment.
As you know timing is of the essence for this project and with the anticipated 2 to 3 week turn around time
for the survey and geotechnical work we need to proceed as soon as possible.
We trust this proposal will be well received and upon your written authorization below we will proceed
with getting this additional work done immediately,
~
W erN
President
Amendment No. 1 Accepted
;e~ w. (\~p--
Ronald W. McLemore City Manager
Date I~ -/~~ 1'15