HomeMy WebLinkAboutArchitects Design Group Public Safety Facility -1994 08 22
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Agreement Between Owner and Architect
for Design of the
City of Winter Springs Public Safety Facility
AGREEMENT ~
made as of the ~ 'JJl~ year of Nineteen Hundred and ninety-four.
BETWEEN the Owner: City of Winter Springs, a Political Subdivision of the State of
Florida
1126 East State Road 434
Winter Springs, Florida 32708
and the Architect: Architects Design Group, Inc.
333 North Knowles A venue
Winter Park, Florida 32789
Mailing Address: P.O. Box 1210, Winter Park, Florida 32790
For the following Project:
Spatial Needs Analysis and Standard Architectural/Engineering Services for the Proposed City
Public Safety Facility
See also Exhibit "A" for a detailed Scope of Services.
The Owner and Architect agree as follows:
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f TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND
ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSilllLITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services performed by the Architect,
Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this
Agreement and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expeditiously 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 reasonable cause, be exceeded by the Architect or
Owner.
1.1.3 The services covered by this Agreement are subject to the time limitations contained
in subparagraph 11.5.1
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.6 and any other services identified in Article 12 as part of Basic Services, and include normal
structural, mechanical and electrical engineering services and any other design services which
are normally and customarily furnished and reasonably necessary for the Project.
2.2 SCHEMA TIC DESIGN PHASE
2.2.1 Architect shall be responsible for the coordination of all drawings and design documents
relating to Architect's design and used on the Project, regardless of whether such drawings are
prepared or performed by Architect, by Architect's consultants, or by others. Architect shall be
responsible for the completeness and accuracy of all drawings and specifications submitted by or
through Architect and for compliance with all applicable codes, ordinances, regulations, laws
and statutes.
2.2.1.1 The Architect shall advise Owner of any need or advisability of the Owner's securing
any tests, analyses, studies, reports, or consultant's services in connection with the development
of the design and construction documents for the Project.
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, r 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule
and construction budget requirements, each in terms of the other, subject to the limitations set
forth in Subparagraph 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
Documents consisting of drawings and other documents illustrating 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 unit costs. . The Architect shall also provide a preliminary
schedule identifying estimated time frames for design through completion of construction.
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 character of the Project as to architectural, structural,
mechanical and electrical systems, materials, and such other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of
Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the, approved Design Development Documents and any further adjustments' in
the scope or quality of the ,Project or in the construction budget authorized by the Owner, the
Architect shall prepare, for approval by the Owner, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of the
Project.
2.4.2 ,The Architect shall assist the, Owner in the preparation of the necessary bidding
information, bidding forms, the Conditions of the Contract, and the form of Agreement between
the Owner and Contractor.
2.4.2.1 Construction drawings and specifications, or other construction documents or
construction contract documents submitted by' Architect to Owner for approval or to any
contractors for bidding or negotiation shall be complete and unambiguous and in compliance
with all applicable codes, ordinances, statutes, regulations and laws, except to the extent
expressly and specifically othetwise stated in detail in writing by Architect at the time of such
submission. By submitting same for" construction contract purposes, the Architect certifies that
Architect has informed Owner of any tests, analyses, studies or reports which are necessary or
advisable to be performed by or for Owner at that point in time. Architect shall additionally
confirm these facts in writing at such time, if Owner so requests.
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, r 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary
estimates of Construction Costs indicated by changes in requirements or general market
conditions.
2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for
filing documents required for the approval of governmental authorities having jurisdiction over
the Project.
2.5 BIDDING OR NEGOTIA nON 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.
2.5.2 If the lowest bona fide proposal, by a responsible general contractor satisfactory to
Owner for construction of the Project pursuant to the approved drawings and specifications,
exceeds the total Construction cost of the Project as set forth in the most recently adjusted and
approved preliminary estimate of Construction Cost submitted by the Architect under this
Article, then Architect shall, at its sole cost and expense, revise the drawings and specifications
as may be required by Owner to reduce or modify the quality or quantity, or both, of the Work
so that the total Construction Cost of the Project will not exceed the total Construction Cost set
forth in the most recent approved preliminary estimate of Construction Cost.
If the lowest bid received by a responsible by general contractor exceeds the total construction
cost of the project as set forth in the most recently adjusted and approved preliminary estimate
as submitted by the Architect, and the city is willing to increase its budget to accept the general
contractor and his proposal cost, then the Architect's fee will not be adjusted over and above the
fee he would have received if the project had met budget.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide basic services for the Construction Phase under
this Agreement commences with the award .of the Contract for Construction and terminates
ninety (90) days after the final complete construction of the Project.
2.6.2 The Architect shall provide administration of the Construction Contract as set forth in
AlA Document A201, General Conditions of the Contract for Construction (1987 Edition)
together with, and as amended by the Owner's supplementary general conditions. However, in
the event of conflict between AlA Docliment A201 (General Conditions of the Contract for
Construction, 1987 Edition) and this Contract, or Owner's supplementary general conditions
concerning the Architect's administration requirements, then the more stringent of requirements
(those in Owner's favor) shall govern.
2.6.3 The duties, responsibilities and limitations of authority of the Architect may be
reasonably restricted, modified or extended by the Owner after the date of this Agreement, and if
they are restricted, modified or extended without written agreement of the Owner and Architect,
then Architect's compensation shall be equitably adjusted. Should the Owner by unconscious
act)s) restrict, modify or extend the duties, responsibilities and limitations of authority of the
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, r Architect after the date of this agreement without written modification to contract, then it shall
be the Architect's responsibility to advise the Owner in writing that the Architect's duties,
responsibilities and limitations of authority are being effected in a monetary manner. Failure
upon the Architect to notify Owner of such action will null and void any chance for additional
compensation to Architect at a later date, even though it is apparent to all that adjustment could
have been made.
2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner
(1) during constructing until final payment to the Contractor is due, and (2) as an Additional
Service at the Owner's direction from time to time during the Correction period described in the
Contract for Construction. The Architect shall have authority to act on behalf of the Owner only
to the extentprovidedin this Agreement unless otherwise modified by written instrumenL
, ' 2.6.5 The Architect shall visit the site at intervals appropriate to. the stage of construction or as
otherwise agreed by the Owner and Architect in writing to become generally familiar with the
progress and quality of the Work completed and to determine in general if the Work is being
performed in a manner indicating that the Work when completed will be in accordance with the
Contract Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. On the basis of On-
site observations as an Architect, the Architect shall keep the Owner informed of the progress
and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies
in the Work. (More extensive site representation may be agreed to as an Additional Service, as
described in Paragraph 3.2)
2.6.5.1 Although the Architect shall not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the work, Architect shall carefully inspect the
work on a weekly basis as part of the Architect's basic contract services, shall issue reports of
such inspections and shall further conduct any additional inspections as an additional service
hereunder at any other time requested by Owner.
2.6.6 The Architect shall not have control over or charge of and shall not be responsible for
construction means"methods, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work. The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Work in accordance with the Contract
Documents. The Architect shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other persons performing
portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or
progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct
communications have been specifically authorized, the Owner and Contractor shall
communicate through the ArchitecL Communications by and with the Architect's consultants
shall be through the Architect. Owner may communicate with, or issue instructions to, the
Contractor directly, provided Owner shall notify Architect of such instructions with reasonable
promptness thereafter.
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I 2.6.9 Based on the Architect's observations and evaluations of the Contractor's applications
for Payment, the Architect shall review and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall constitute a representation to the Owner,
based on the Architect's observations at the site as provided in subparagraph 2.6.5 and on data
comprising the Contractor's Application for Payment, that the Work has progressed to the point
indication and that to the best of the Architect's knowledge, information and belief, quality of
Work is in accordance with the Contract Documents. The foregoing representations are subject
to an evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
,theArchitect. The issuance of a 'Certificate for Payment shall further constitute a representation:
that the Contractor,is entitled to payment in the amount certified.' However, the issuance of a
Certificate for Payment. shall, not be a representation that the. Architect ,has (1) made exhaustive
or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by the
Owner to substantiate the Contractor's right to payment of (4) ascertained how or for what
purpose the Contractor has used money previously paid on account of the Contract Sum.
2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract
Documents. Whenever the Architect considers it necessary or advisable for implementation of
the intent of the Contract Documents, the Architect will have authority to require additional
inspections or testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed. However, neither this authority
of the Architect nor a decision made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Architect to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing,Portions of the Work.
2.6.12 The Architect shall review and take appropriate action upon Contractor's submittals such
as Shop Drawings, Product Data and Samples, for the purpose of (1) assuring compliance with,
applicable laws, statutes ordinances, codes, orders, rules and regulations; and (2) assuring that
the Work affected by and represented by such submittals is in compliance with the requirements
of the Contract Documents. Architect shall be responsible for determining what aspects of the
Work shall be the subject of shop drawings and submittals. Architect shall not knowingly
accept that such aspects of the construction work shall proceed in the absence of approved shop
drawings and submittals. The Architect's action shall be taken with such reasonable promptness
as to cause no delay in the Work or in the construction of the Owner or of separate contractors,
while allowing sufficient time in the Architect's professional judgment to, permit adequate
review. Review of such submittals is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and, quantities or for substantiating
instructions for installation or petformanceof equipment or systems designed by the Contractor,
all of which remain the responsibility of the Contractor to the extent required by the Contract
Documents. The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of construction means, methods, techniques,
sequences or procedures. The Architect's review of a specific item shall not indicate approval of
an assembly of which the item is a component. When professional certification of petformance
characteristics of materials, systems, or equipment is required by the Contract Documents, the
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. I Architect shall be entitled to rely upon such certification to establish that the materials, systems
or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with
supporting documentation and data if deemed necessary by the Architect as provided in
Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the
Contract Documents, and may authorize minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time which are not inconsistent with the
Contract Documents.
2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial
, Completion and the date':offinaL completion, shalL receive and forward to the Owner' for, the'
Owner's review and ,records, written warranties and related documents required by the Contract
Documents and assembled' ,by, the Contractor; and shall' issue a final Certificate for Payment
upon compliance with the requirements of the Contract Documents.
2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner
and Contractor under the requirements of the Contract 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 limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial decisions, the Architect shall endeavor
to secure faithful performance by both Owner and Contractor, shall not show partiality to either,
and shall not be liable for results of interpretations or decisions so rendered in good faith.
2..6.17 Architect hereby represents, promises and warrants to the Owner that Architect is
financially solvent and possesses sufficient experience, licenses, authority, personnel and
working capital to complete the services required hereunder; that Architect has visited the site'
for the Project and thoroughly familiarized itself with the local conditions' under which the
services required hereunder. are' to be performed; and that Architect shall correlate its
observations of same with all of the requirements of this Agreement and of the Construction
Contract Documents.
2.6.18 The Architect shall render written decisions within a reasonable time on all claims,
disputes or other matters in question between the Owner and Contractor relating to the execution
or progress of the Work as provided in the Contract Documents, reasonable time being defined
as twenty-one (21) calendar days.
2.6.19 The Architect's decisions on claims, disputes or other, matters, 'including those in
question between the Owner and Contractor, except for those relating to aesthetic effect as
provided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement
and in the Contract Documents.
2.6.20 Owner shall have the right to disapprove any portion of the Architect's work on the
Project, including, but not limited to, schematic phase, design development phase, construction
document phase, design development phase, construction document phase, bidding or
negotiation phase or Construction phase work, and any other design work or documents, on any
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I reasonable basis, including, but not limited to aesthetics, or because in Owner's opinion, the
construction cost of such design is likely to render such work or the Project unfeasible. In the
event that any phase of Architect's work is not approved by Owner, Architect shall proceed,
when requested by Owner, with revisions to the design work prepared for that phase to attempt
to satisfy Owner's objections. These revisions will be made without adjustments to the
compensation provided for hereunder, unless revisions are made to drawings previously
approved under previous phases, in which case such revision services shall be paid as additional
services. Should there be substantial revisions to the original program after the approval of
schematic drawings, which changes substantially increase the scope of design services to be
furnished hereunder, Architect shall so notify Owner in writing and receive approval from the
Owner, before proceeding with revisions necessitated by such changes. No payment, of any
nature whatsoever, will be made to 'Architect, for additional work or services; without,such
written approval from Owner.
2.5.21 Upon Owner's request at any time during the design and construction phases of this
Agreement and as often as so requested, Architect shall promptly provide Owner with progress
prints. Owner shall at all times have reasonable access to the files and personnel of Architect in
order to answer any reasonable questions Owner may have relating to Architect/s performance
on the Project.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so
identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement,
in addition to the compensation for Basic Services. The services described under Paragraphs 3.2
and 3.4 shall only be provided if'authorized or confirmed 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
commencing such services. It the Owner deems that such services described under Paragraph
3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Additional Services are not required, the
Architect shall have no obligation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is
required, the, Architect shall provide one or more Project Representatives to assist in carrying out
such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed in subparagraph 2.6.5 is
required, the Architect shall provide one or more Project Representatives to assist in carrying our
such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and
the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties,
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I responsibilities and limitations of authority of Project Representatives shall be as described in
the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise
agreed.
3.2.3 Through the observations by 'such Project Representatives, the Architect shall endeavor
to provide further protection for the Owner against defects and deficiencies in the Work, but the
furnishing of such project representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in the Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or otherdocuments'when such revisions
are:
.1 inconsistent with approvals or instructions previously given by the Owner, including
revisions made necessary by adjustments in the Owner's program or Project budget:
.2 required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents; or
.3 due to changes required as a result of the Owner's failure 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, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction, except for services required under Subparagraph
5.2.5.
3.3.3 Preparing Drawings, Specifications and other, documentation and supporting data,
evaluating ,Contractor'sproposals~. and providing other services in connection with Change
Orders and Construction Change Directives'when such Change Orders and Construction-8hange
Directives are issuedsolely'asa resultof some action orinaction on the part of Owner.
3.3.4 Providing services in connection with evaluating substitutions proposed by the
Contractor and making subsequent revisions to Drawings, Specifications and other
documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of such
Work.
3.3.6 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or
Contractor under the COut<tGt c~ctio'n.,
(.(j )V fltA'- -r; . /'Y)1IlI/
3.3.7 Providing services in evaluating an extensive number of claims submitted by the
Contractor or others in connection with the Work when such claims arise solely from some
action or inaction on the part of the Owner.
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, 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal
proceeding except where the Architect is party thereto.
3.3.9 Preparing documents. for alternate, separate or sequential bids or providing services in
connection with bidding, negotiation or construction prior to the completion of the Construction
Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and programming the requirements of the
Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and submissions required for approvals
of.governmental authorities or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems and equipment.
3.4.6 Providing services to make measured drawings of existing conditions or facilities, except
where such drawings are reasonably necessary to permit Architect to perlorm other Basic
Services.
3.4.7 Providing services to verify the 'accuracy of drawings or other information furnished by
the Owner.
3.4.8 Providing coordination of construction perlormed by separate contractors or by the
Owner's own forces, and coordination of services required in connection with construction
perloimedand equipment supplied by Owner.
3.4.9 Providing services in COnI1ection with the work of a construction manager or separate
consultants retained by the Owner.
3.4.10 Providing detailed estimates of Construction Cost other than detailed estimates of cost,
and adjustments to same, required as Basic Services under this Agreement.
3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services required for or in connection with the
selection, procurement 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 equipment, or valuations and detailed
appraisals of existing facilities.
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. . 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work
made during construction based on marked-up prints, drawings 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 operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18 The Architect shall furnish the Owner a cost proposal necessary to agree upon a pro-rata
daily fee beyond the scheduled Construction Phase Completion. Construction Phase
Completion shall be identified as that time the Contractor reaches Final Completion, adjusted by
all honored and approved requests for time extensions in addition to the ninety (90) day time
interval defined, in Article 2.6.1.
3.4.19 Providing services of consultants for other than architectural, structural, mechanical and
electrical engineering portions 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 practice.
3.4.21 Notwithstanding anything to the contrary expressed elsewhere in Article 3, no
architectural services made necessary, in whole or in part, by any fault or omission of Architect
to perform its duties, responsibilities or obligations under this Agreement, shall be compensated
as Additional Services under this Agreement.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall with the assistance of the Architect provide full. information regarding
requirements'for the Project; including a program which shall set forth the Owner's objectives, .
schedule, constraints, and, criteria, including space requirements and relationships, flexibility, .
expandability, special equipment, systems and site requirements.
4.2 The Owner shall with the assistance of the Architect establish and update an overall
budget for the Project, including the Construction Cost, the Owner's other costs and reasonable
contingencies related to all of these costs.
4.3 If requested by the Architect, the Owner shall furnish evidence that financial
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
unreasonable delay in the orderly and sequential progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The surveys
and legal information shall include, as applicable, grades and lines of streets, alleys, pavements
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and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees;
and information concerning available utility services and lines, both public and private, above
and below grade, including inverts and depths. All the information on the survey shall be
referenced to a project benchmark.
4.6 The Owner shall furnish the services of Geotechnical engineers when such services are
requested by the Architect. Such services may include but are not limited to test borings, test
pits, determinations of soil bearing valves, percolation tests, evaluations of hazardous materials,
ground corrosion and receptivity tests, including necessary operations for anticipating subsoil
conditions, with reports and appropriate professional. recommendation" Architect shall review.~
advise the Owner ofthesufficiencyofany tests and information fumished, to Architect by or,on
behalf of Owner pursuant to this Paragraph 4.5.
4.6.1 The Owner shall furnish the services of other consultants when such services are
reasonably required by the scope of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests,
tests for hazardous materials, and other laboratory and environmental tests, inspections and
reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may
be necessary at any time for the Project, including auditing services the Owner may require to
verify the Contractor's Applications for Payment or to ascertain how or for what purposes the
Contractor has used the money paid or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8
shall be furnished at the Owner's expense, and the Architect shall be entitled to relay upon the
accuracy 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 non-conformance with the Contract Documents.
4.11 To the extent that forms of certificates or certifications have not been agreed upon prior
to the execution of this Agreement or attached hereto by way of an exhibit, the proposed
language of certificates or certifications which are requested of the Architect or Architect's
consultants shall be submitted for approval to Architect at least fourteen (14) days prior to the
requested or required execution date~ Owner may require and Architect shall execute, as part of
its Basic services hereunder, any certificate or certifications customarily, commonly or
reasonably required on projects of this type.
4.12 Notwithstanding anything to the contrary in this Article 4, Owner shall be required to
furnish information or services described in Article 4 only to the extent that such information or
service is both reasonably required and actually requested by Architect in order to perform
Architect's services under this Agreement.
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ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all
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
materials ,furnished by the Owner and equipment designed, specified, selected or specially
provided Jor by the Architect, plus a reasonable allowance for the Contractor's' overhead' and
profit. In addition, a reasonable allowance for contingencies shall be .included for market,
conditions at the time of bidding and for changes in the Work during construction.
5.1.3 Construction Cost does not include the compensation of the Architect and Architect's
consultants, the costs of the land, rights-of-way, financing or other costs which are the
responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost
and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and
does not warrant or represent that bids or negotiated prices will not vary from the Owner's
Project budget or from and estimate of Construction Cost or evaluation prepared or agreed to by
the Architect.
5.2.2 The preliminary estimate of Construction Costasadjusted'from time to time'by Architect,
during the design development and Construction document phase shall, upon approval of this
estimate and adjustments thereto by Owner as such, constitute a "fixed' limit of Construction
Cost" as that term is used herein. If such a fixed limit has been established the Architect shall
be permitted to include contingendes for design and price escalation,' to determine what
materials, equipment, component systems and types of construction are to be included in the
Contract Documents, to make reasonable adjustments in the scope of the Project and to include
in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit.
Fixed limits, if any, shall be increased in the amount of an increase in the Contract sum
occurring after execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the
Architect submits the Construction Documents to the Owner, and Projects budget or fixed limit
of Construction Cost shall be adjusted to reflect changes in the general level of prices in the
construction industry between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
13
. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in subparagraph 5.2.3) is
exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize re-bidding or re-negotiating of the Project within a reasonable time;
.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or
.4 cooperate in revising the Project Scope and quality as required to reduce the
Construction Cost, however, if Owner does give written approval of an increase in
the fixed limit of construction cost solely because all bids exceeded the Architect's
estimate, then the Architect shall receive no additional compensation for the
portion that is exceeded.
5.2.5 If the Owner chooses to proceed under clause 5.2.4.4 owing in no instance to failure of
the Architect to provide in good faith adequate design documents and/or cost estimates, the
Architect shall, with appropriate compensation, modify the Contract Documents as necessary to
comply with the fixed limit. The Architect shall be entitled to compensation in accordance with
the Agreement for all services performed to date, whether or not the construction phase is
commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 Original drawings and specifications are the property of the Architect; however the
Project is the property of Owner, and Architect may not use the drawings and specifications/for'
any purpose not relating to the Project without the Owner's consent. Owner shall be furnished
with such reproductions of drawings and specifications as a 'reimbursable expense, as Owner
may reasonably require. Upon completion of the work or' any earlier termination of this
Agreement as provided in Article 8, the Architects shall furnish reproducible drawings to the
General Contractor, as a reimbursabie expense, such that the General Contractor shall revise the
drawings to reflect changes made during construction. Prints shall be furnished as an additional
service, at any other time requested by Owner. All such reproductions shall be the property of
Owner who may use them with the Architect's permission for any proper purpose relating to the
Project, including, but not limited to, additions to or completion of the Project.
6.2 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with the Project is not to be construed as publication in
derogation of the Architect's reserved rights.
ARTICLE 7
ARBITRATION
7.1 In the event of any litigation arising out of, or relating to, this Agreement, the prevailing
party shall be entitled to recover its reasonable attorneys fees, costs, a'nd other expenses of
14
. litigation. The prevailing party shall be deemed the party whose claims, counterclaims, or
, defenses are considered by the court to have substantially greater merit on the totality of the
claims and counterclaims filed, and need not be the party in whose favor judgment is rendered
based on the claims or counterclaims asserted in the litigation.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement maybe terminated by either party upon not less than seven days written
notice should the other party' fail substantially to perform in accordance with the terms of this
Agreement through no.fault'ofthe-party initiating the termination.
8.2 If the Project is suspended by the Owner for more than 90 consecutive days, the
Architect shall be compensated for services performed prior to notice of such suspension. When
the Project is resumed, the Architect's compensation shall be equitable adjusted to provide for
expenses incurred in the interruption and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon not less than seven days written
notice to the Architect in the event that the Project is permanently abandoned. If the Project is
abandoned by the Owner for more than 90 consecutive days, the Architect may terminate 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 substantial nonperformance and cause for termination.
8.5 If the Owner fails to make payment when due the Architect for services and expenses,
the architect may, upon seven days written notice to the Owner, suspend performance of services
under this Agreement. unless payment in full is received by the Architect within seven days of
the date of this notice, the suspension shall not 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 damage
caused the Owner' because 'of' such suspension of services.
8.6 In the event of termination 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 Termination Expenses as-defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for Basic and Additional
Services, and include expenses which are dir~ctly attributable to termination. Termination
Expenses shall be computed as a percentage of the total compensation for Basic Services and
Additional Services earned to the time oftermination, as follows:
.1 Twenty percent of the total compensation for Basic and Additional Services earned to
date if termination occurs before or during the pre-design, site analysis, or
Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and Additional Services earned to
date if termination occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and Additional Services earned to
date if termination occurs during any subsequent phase.
15
. 8.8 This Agreement may also be terminated by Owner upon seven days written notice,
without regard to any fault or failure to perform by any party, and solely for the Owner's
convenience. In the event of such termination, Architect shall be paid compensation in the same
manner as set out in Paragraphs 8.6 and 8.7 and Owner shall have no further liability for
compensation expenses, or fees to Architect hereunder except as set out in paragraph 8.9.
8.9 In the event of any termination under Article 8, Architect consents to Owner's selection
of another Architect of Owner's choice to assist Owner in any way in completing the Projyct.
Architect further agrees to cooperate and provide any information requested by Owner in
connection with the completion of the Project and consents to and does hereby authorize the
making of any reasonable changes to the design of the Project by Owner and such other
Architect as Owner may desire.. Any services provided by Architect after termination shall be
fairly compensated by Owner: The~allbe by mutual. agreement by Owner
and Architect (07/25/94)
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be governed by the laws of the State of Florida.
9.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201.
General Conditions of the Contract for Construction, current as of the date of this Agreement.
9.3 The Owner and Architect waive all rights against each other and against the Contractors,
Consultants, Agents and Employees of the other for damages, but only to the extent of actual
recovery of any insurance proceeds. The Owner and Architect each shall require similar waivers
from their Contractors, Consultants and Agents.
9.4 The Owner and Architect, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the. other party to this Agreement and to the partners,
successors, assigns and'legal representative to the other party to this Agreement and to the
partners, ,successors, ,assigns and legal, representatives. of such other partY" with.respect to all
covenants of this Agreement. The Architect shall not assign this Agreement without the written
consent of the Owner.
9.5 This Agreement represents the entire and integrated agreement between the Owner and
Architect and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument signed by both Owner and
Architect.
9.6 Nothing contained 'in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the Owner or Architect.
9.7 Unless otherwise provided in this Agreement, the Architect and Architect's consultants
shall have no responsibility for the, discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials in any form at the Project site, including but not
limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.
However, Architect shall report to Owner the presence and location of any hazardous material
which it notices.
16
9.8 The Architect shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior, among the Architect's promotional and
professional materials. The Architect's materials shall not include the Owner's confidential or
proprietary information if the Owner has previously advised the Architect in writing of the
specific information considered by the Owner to be confidential or proprietary. The Owner shall
provide professional credit for the Architect on the construction sign and in the promotional
materials for the Project.
ARTICLE 10
PA YMENTS TO ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10 .1.1 Direct Personnel Expense is 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
contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional
Services and include expenses incurred by the Architect and Architect's employees and
consultants in the interest of the Project, as identified in the following Clauses:
10.2.1.1 Expenses of transportation in connection with the Project calculated at twenty-five
cents ($.25) per mile; expenses in connection with authorized out-of-town travel; long distance
communications;' and fees paid for securing- approval of authorities having jurisdiction over the.'
Project.
10.2.1.2, Expense of reproductions, postage' and handling of Drawings, Specifications and
other documents.
10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher
than regular rates.
10.2.1.4 Delete
10.2.1.5 If authorized in writing in advance by Owner, expense of renderings, models, and
mock-ups requested by Owner.
10.2.1.6 Delete
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this
Agreement.
17
10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable,
shall be in proportion to services perlormed within each phase of service, on the basis set forth
in Subparagraph 11.2.2.
10.3.3 If the time initially established in Article 11.5.1 is exceeded or extended through no fault
of Architect, Architect's compensation shall be equitably adjusted for any additional services
required as a result of such time being extended.
10.3.4 When compensation is based on a percentage of Construction Cost and 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 performed on those portions, in accordance
with the schequle set forth in Subparagraph 11.2.2, based on( 1) the lowest, bona fide bid or
negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary
estimate of Construction Cost 'or detailed estimate of Construction Cost; fors uch portions 'of the~ .
Project.
10.3.5 The Owner may request, prior to making payment to the Architect, that the Architect
provide sworn statements and/or certificates of assurance that all Subconsultants, testing
agencies and other parties providing the Architect services in connection with the project have
been paid for work which the Owner has previously provided payment to the Architect. In the
event that a lien waiver is in order, then nothing other than a lien waiver will be acceptable to
the Owner.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
10.4.1 Payments on account of the Architect's Additional Services and for reimbursable
Expenses shall be made monthly upon presentation of the Architect's statement of services
rendered or expenses incurred.
10.4.2 Architect shall present each month a statement of additional services rendered and
reimbursable expenses for the preceding month. Architect expressly' waives any. right. to
payment for any additional services rendered if Architect does not give written notice of its
claim that the services are additional within twenty (20) days of rendering the services and if
such services are not billed as additional services within sixty (60) days following their
rendition.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's compensation on account of penalty,
liquidated damages or other sums withheld from payments to Contractors, or on account of the
cost of changes in the Work other than those for which the Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and
services perlormed on the basis of a multiple of Direct Personnel Expense shall be available to
the Owner or the Owner's authorized representative at mutually convenient times. These
records shall be preserved by Architect for a period of three years after final payment.
18
ARTICLE II
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of twenty-five Hundred Dollars and no cents ($2,500.00) shall
be made upon execution of this Agreement and credited to the Owner's account at final
payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included.in
Article 12 as part of Basic,Services,' BasicCompensation shall be computed as follows:;
See Exhibit "E"
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,
progress payments for Basic Services in each phase shall total the following percentages of the
total Basic Compensation payable:
See Exhibit "E" for fees allocated for Phases of Work Effort. The following are allocations for
Standard Architectural/Engineering Services.
Schematic Design Phase: Fifteen percent (15%)
Design Development Phase: Twenty percent (20%)
Construction Documents Phase: Forty percent (40%)
Bidding or Negotiation Phase Five percent (05%)
Construction Phase: Twenty percent (20%)
Total Basic Compensation: one hundred percent (100%)
11.3 COMPENSA TION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in
Paragraph 3.2, compensation shall be computed as follows:
The Owner may elect to utilize either of the two methods shown below, depending on the
specific service to be provided.
Method A: Hourly Rates as reflected in Exhibit "D".
Method B: A Fixed Fee to be established after the Scope of Services of the Additional
Services has been established.
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and
12, other than (1) Additional Project Representation, as described in Paragraph 3.2 and (2)
services included in Article 12 as part of Additional Services, but excluding services of
consultants, compensation shall be computed as follows:
19
Compensation shall be in accordance with 11.3.1 as noted above.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural,
mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or
identified in Article 12 as part of Additional Services, based upon Method B (11.3.1).
11.4 REIMBURSABLE EXPENSES
,
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other
items included in Article 12 as Reimbursable Expenses, a multiple of one point two (1.2) times
the expenses incurred by the Architect; the Architect's employees and consultants in the interest.
,of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within
thirty (30) months of the date hereof, through no fault of the Architect, extension of the
Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3
and 11.3.2.
11.5.2 Payments are due and payable thirty (30) days from the date of receipt of the Architect's
invoice. Ainounts unpaid thirty (30) days ,after the receipt of invoice date shall bear interest at
, the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at
the principal place of business of the Architect at a rate equal to eight (8%) percent.
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in
accordance with normal salary review practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
12.1 Before requesting any payment under this Agreement, and as a condition precedent to
the enforceability of this Agreement by Architect, Architect shall have submitted to Owner and
Owner shall have accepted in writing a proposed schedule setting out the dates on which
Architect plans to complete the schematic design phase, design development phase, construction
document phase and bidding or negotiation phase. This schedule shall also set out the dates by
which any actions, decisions; or information are required from the Owner in order to permit the
Architect to perform according to this schedule.
12.2 All services provided by Architect hereunder shall be performed in a reasonably prompt
manner and shall be in accordance with the highest professional standards applicable to such
services on the type of Project contemplated by this Agreement, and Architect shall be
responsible for all such services provided hereunder whether such services are provided directly
by Architect or by any consultants hired by Architect. Architect will perform all duties and
services and make all decisions called for hereunder promptly and without delay and will give
this Project such priority in his office as is necessary to cause Architect's services to be timely
and properly performed.
20
" Architect shall submit to Owner within a reasonable period of time after the Project has
12.3 commenced, the Architect's personnel, and their responsibilities in connection with this Project,
which Architect proposes to use in connection with this Project, which Architect proposes to use
in connection with the performance of the Agreement, together with a list of consultants or
outside firms which Architect proposes to use in connection with the performance of this
Agreement. If at any time Owner has any reasonable objection to any such person or entity,
Architect shall promptly propose substitutes to which Owner has no reasonable objection, and
Architect's compensation shall be equitably increased to reflect any difference in Architect's
costs occasioned by such substitution; however, no increase in compensation shall be allowed
unless Architect has acted promptly and responsively in submitting names as required by this
Article.
12.4 The following attachments to this Agreement identify the Scope of Basic Services, the
Scope of Additional Services and the agreed upon compensation:
12.4.1 Attachment "A": Scope of Services, consisting of two (2) pages.
12.4.2 Attachment "B": Additional Services, consisting of two (2) pages.
12.4.3 Attachment "C": Other Conditions or Services, consisting of three (3) pages.
12.4.4 Attachment "D": Hourly Rates, consisting of two (2) pages.
12.4.5 Attachment "E": Compensation for Services, consisting of two (2) pages.
12.4.6 Attachment "F': Reimbursable Expenses, consisting of one (1) page;
ARTICLE 13
CONSTRUCTION COST AND OPINIONS OF COST
13.1 CONSULTANT'S CONSTRUCTION COST, GENERAL
13.1.1 If the CITY requests in a Services Authorization that a Project construction cost estimate
be given by the CONSULTANT as part of Preliminary and Final Design Services, then the
CONSULTANT shall develop a CONSULTANT'S estimate of probable construction costal
such points in the design phase as defined herein or otherwise agreed to in the Services
Authorization: The :construction cost at such points in the design phase as defined herein or
otherwise agreed to in the Services Authorization. The construction cost of the entire Project
(Construction Cost Estimate) means the total cost to the CITY of those 'portions of the entire
Project designed and specified by the CONSULTANT, but will not include the
CONSULTANT'S compensation and expenses;,_the cost of land rights of way, or compensation
for or damages to properties, unless the applicable Services Authorization so specifies; nor will
it include the CITY'S legal, accounting, insurance-counseling, or auditing services, or interest
and financing 'charges incurred in connection with t~e Project, or the cost of other services to be
provided by others to the CITY. -
13.2 CONSULTANT'S ESTIMATE OF PROBABLE CONSTRUCTION COST
13.2.1 General. Since the CONSULTANT 'has no control over the cost of labor, materials,
equipment or services furnished by others, or over the Contractor(s)' methods or'determining
prices, or over competitive bidding or market conditions, the CONSULTANT'S opinions of
Total Project Cost and Construction Cost Estimate provided for hereinabove are to be made on
the basis of the CONSULTANT'S experience and qualifications, and represent the
21
CONSULTANT'S best judgment as an experienced and qualified professional which is familiar
, with the construction industry; but the CONSULTANT cannot and does not guarantee that
proposals, bids or actual Total Project or Construction Costs will not vary from opinions of
probable cost prepared by the CONSULTANT.
13.2.2 Construction Cost. If a Construction Cost Estimate is established by written agreement
between the CITY and the CONSULTANT or if the CONSULTANT'S final estimate of
probable Construction Cost is mutually agreed upon in writing by both parties, then the
following will apply:
13.2.2.1 The Acceptance by the CITY at any time during the Basic Services of a revised
opinion of Total Project Cost or Construction Cost Estimate in excess of the then established
cost limit will constitute a corresponding revision in the Construction Cost Estimate ,limit to the
extent indicated in such revised opinion.
13.2.2.2 If a Construction Cost Estimate is established, the CONSULTANT will be permitted,
with review and approval by the CITY, to determine what types of materials, equipment and
component systems are to be included in the Drawings and Specifications and to make
reasonable adjustments in the general scope, extent and character of the Project to bring it within
the cost estimate.
13.2.2.3 If the Bidding or negotiating Phase of a Project has not commenced within six (6)
months after completion of the Final Design Phase, the established Construction Cost Estimate
will not be binding on the CONSULTANT, and the CITY shall consent to any reasonable
adjustment in the Construction Cost Estimate commensurate with any applicable change in the
general level of prices in the construction industry between the date of completion of the Final
Design Phase and the date on which proposals or bids are sought.
13.2.2.4 Delete
13.2.2.5 If the lowest bona fide proposal or bid exceeds the established Construction Cost, the
CITY may, (l)give written approval to increase the Construction Cost Estimate, (2) authorize
negotiations or re-bidding of the Project within a reasonable time, or (3) cooperate in revising
the Project's general scope, extent or character to the extent consistent with the Project's
requirements and with sound professional practices. In the case of (3), the CONSULTANT shall
modify the Drawings and Specifications' as necessary to bring the construction cost within the
Construction Cost Estimate at no cost to the CITY.
.
13.2.3 Cost Estimating Firm construction Cost Estimate. If the CITY requires (either by
Services Authorization or an amendment to an existing Services Authorization) a more precise
estimate of construction costs than provided by the CONSULTANT'S estimate of probably
construction cost, then the CONSULTANT shall engage a competent and experienced cost-
estimating firm (Cost-Estimating Firm) to prepare cost data and required estimates of the
Construction Project costs at such points in the design phase as agreed upon between the
parties. The Cost-Estimating Firm shall be subject to the CITY'S approval and the following
shall apply:
13.2.3.1 The acceptance by the CITY (at any time during the Basic Services) of a revised
opinion of probable Total Project or Construction Costs in excess of the then established cost
22
limit will constitute a corresponding revision in the Construction Cost Estimate to the extent
indicated in such revised opinion, and shall be subject to a mutually agreed upon professional
fee not to exceed the basic cost fee basis percentage.
13.2.3.2 If a Construction Cost Estimate is established, the CONSULTANT will be permitted,
with review and approval by the CITY, to determine what types of materials, equipment and
component systems are to be included in the Drawings and Specifications and to make
adjustments in the general scope, extent and character of the project to bring it within said Cost
Estimate.
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
~~
Architects Design Group, Inc.
I.S.K. Reeves V, A.LA., President
23
. ATTACHMENT "A"
. SCOPE OF SERVICES
The project is generally described as a new City Public Safety Facility Center approximately
22,000 gross square feet to be located on the 30 acre tract bounded by State Road 419, Moss
Road and Edgemon Avenue in Winter Springs. The various project services are defined as a
phased endeavor identified as follows:
1. Phase I Services: Spatial Needs Assessment
1.1 The Architect shall participate in an initial meeting, with City staff, to review the
proposed projects and to establish project schedules.
1.2 The Architect shall conduct an analysis of the operations of the City Police
Department in order to fully understand its function and operations and the
respective interaction, relationship and adjacency priorities.
1.3 A detailed spatial needs assessment shall be conducted, providing documentation
as to current and future needs; future needs being defined as those anticipated for
the years 2000 and 2010.
The process for obtaining this information shall consist of a two-part effort; a
detailed questionnaire and on-site interviews with staff.
1.4 The Architect, as a part of this phase shall consider, and provide documentation
to the extent possible, as to historical, current and future staffing levels, and their
spatial needs.
1.5 This phase shall result in a detailed report which shall contain recommendations
relative to potential solutions, and shall include alternative recommendations as
to the size and associated potential costs of improvements. Ten (10) copies of
this report shall be issued to the city forreview and consideration.
1.6 Each alternative shall reflect sufficient evaluation criteria (positive and negative)
as to provide the city with the basis of making an informed judgment. Each
alternative shall c1earlyreflectestimated costs associated with each.
2. Phase II: Facility Design
Based upon the previous phases of work the, Architect shall provide Standard Architectural and
Engineering Services and Additional Service,S as herein defined and stipulated.
2.1 The terms of the standard form of agreement, of which this attachmentis a part,
shall be the basis of services to be provided.
24
A TT ACHMENT "A"
SCOPE OF SERVICES
Page Two
2.2 The Architect shall coordinate his services with the City's representative and shall
conduct review meetings during the various phases in order to insure compliance
with the established building program, Site Plan concept and needs of the City.
Review meetings shall be conducted at the following times.
2.2.1 Completion of the Schematic Design Phase
2.2.2 Completion of the Design Development Phase
2.2.3 At the 50% completion level of the Construction Documents Phase
2.2.4 At the 95% completion level of the Construction Documents Phase.
2.3 The Owner reserves the right to include any other facility or facilities which it
deems appropriate for the site and if such are made a part of an amendment to
this agreement to formerly establish an appropriate professional fee associated
with providing architectural, engineering and consulting services.
2.4 The Architect shall provide a conceptual site plan showing the footprint of the
building, associated ingress and egress requirements of the building, and the
location of water, sewer, electrical and telephone connections to building. In
addition, the Architect shall provide the electrical loads for the building to obtain
service from the power company.
25
ATTACHMENT "B"
ADDITIONAL SERVICES
(Services to be provided by the Architect and/or the Consultants of the Architect)
1. Additional Services:
The Architect, or his consultants, shall provide the following additional services:
1.1 Interior Design:
1.1.1 Interior design services related to the programming, design,.selection,
bidding and installation supervision of the furnishings. The
budget; as established in exhibit "A" shall be confirmed by the.
Owner, the Architect and the Interior Designer. The interior
design for this work is identified as Architectural Interiors Group,
Inc. The professional fee for services is established as 12.8% of the
budget to be established during Phase II.
1.1.2 Services related to the inventory of existing furnishings and equipment,
shall be provided billable on an hourly basis, utilizing an agreed upon
fixed fee amount. Said services to be provided only when requested by
the Owner in writing, at a fixed fee not to exceed $7,200.00.
1.2 Civil Engineering (site): Civil Engineering Services shall be the responsibility of
the Owner or its consultant, including utilities to the building, storm water
systems, paving, access roads, etc. The Architect shall coordinate his services
with the City's consultant and shall be entitled to a fee, billable on an hourly
basis, not to exceed $4,320.00.
1.3 Landscape Architectural Services: Landscape Architectural Services shall.be
provided by a registered Florida'.Landscape Architect selected by the Architect to
provide the scope of services to be defined by the accepted Master Site Plan
(Phase II Services). The professional Compensation fee for these services shall be
a percentage of the budget established as 11.6% of a budget as established by the
Owner and Architect.
1.4 Building Identification/Signage: Provide graphic design services associated with
the design, bidding and construction observation of building identification,
graphics and signage.
Professional fees for these services are established as a percentage equal to 14.0%
of the construction budget established by the Owner and the Architect. The
design firm for this work shall be Green Apple Publishing Company.
1.5 Cost Estimating Services: The Architect shall retain the services of a professional
cost estimating firm responsible for providing detailed cost estimates at the
completion of the Schematic Design Phase, Design Development Phase and the
26
ATTACHMENT "B"
ADDITIONAL SERVICES
Page Two
fifty (50%) percent completion level of the Construction Documents phase. The
professional fee shall be a fixed fee as indicated in this agreement.
1.6 Permitting Coordination Services: Permitting for Environment Permits shall be
the respons1bility of the City, or its consultant, and is not a part of this agreement.
Permitting relative to the Department of Corrections and the City of Winter
Springs is a part of this Agreement for Services to be provided by Architects
Design Group, Inc. and shall include the following:
1.6.1 Define all permits and/or review agency requirements and provide a
graphic chronological assessment.
1.6.2 Prepare and/or coordinate the referenced permitting applications (D.O.C.
and City) and make the submittals in a timely manner and in accordance
with the schedule to be submitted by the Architect upon execution of this
agreement by the Owner.
1.6.3 Monitor the permitting process and provide a written bi-weekly progress
report to the city.
1.7 Facility Model: The Architect shall have constructed a scale model of the facility
illustrating site utilization, building massing, access and egress roadways,
parking areas, pedestrian walkways and storm water retention areas. The
completed model shall be encased in a Plexiglas cover.
1.8 Grant Consulting: The Architect, if desired by the City, shall provide consulting
services related to identification of potential grant sources for the identified
projects; and shall assistthe City in the preparation and presentation of grant
applications. .
27
ATTACHMENT "C"
OTHER CONDITIONS OR SERVICES
1. Additional Services:
The Owner reserves the right to authorize additional work on the part of the Architect, or
his consultants through the Architect. Said work shall be related to facilities for the City
of Winter Springs, including but not limited to feasibility studies, design of new
facilities, master planning, grant applications and renovations to existing buildings.
2. Public Presentations:
The Architect, if authorized by the Owner, shall participate in additional public
presentations of the proposed facilities and shall prepare a slide presentation for purposes
of assisting the City in the public process for the following fixed fee:
-
2.1 The Architect shall provide the Owner with one set of slides, of said presentation,
at no additional cost to the Owner.
2.2 Presentations to the public, by the Architect, shall be provided at no cost for up to
two (2) presentations. Additional presentations shall be provided on the basis of
an hourly cost as stipulated in Attachment "B", when authorized by the Owner.
3. General:
3.1 Pursuant to Section 287.055(6) (a), Florida Statute, the Architect warrants that
he has not employed or retained any company or person other than a bona fide
employee working solely for the Architect to solicit or secure this Agreement and
that he has not 'paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the
Architect any fee, commission, percentage, gift or other consideration contingent
upon or resulting from the award or making of this Agreement.
4. Professional Liability Insurance:
(Applicable only if the project construction value exceeds $500,000). The Architect
shall maintain, during the term of this agreement, Professional Liability Insurance
providing coverage for errors and omissions in the amount of $1,000,000. The Architect
shall provide the Owner with a certificate showing such coverage and providing that the
insurance will not lapse or be canceled except upon ten (to) days written notice to the
Owner. As compensation for the cost of such insurance, the Owner will pay the.
Architect the surcharge value of:
4.1 Twelve and four tenths percent (12.4%) of the total Architectural/Engineering
Fee equating to $15,493.80 based upon basic fee of $124,950.00.
28
ATTACHMENT "C"
OTHER CONDITIONS OR SERVICES
Page Two
5. Sales Tax Exemption:
The City may elect to institute a sales tax exemption procedure in compliance with
Florida Statues, the result of which will permit the sales tax exemption of the City to be
utilized to purchase equipment, materials, or similar elements to be incorporated into the
facility. To the extent that such a program is instituted, the Architect shall be entitled to
a coordination, review and processing fee equal to $7,875.00.
6. Special Engineering:
Special structural engineering services, if found to be required because of unusual site
soil or geographical conditions (generally described as excessive muck or clay in soil,
sinkholes, caverns or similar conditions). In the event such conditions are found to exist,
the Architect/Engineer will provide the necessary services, when authorized by the
Owner, at an additional fee in an amount of which shall be established based upon the
conditions discovered and the complexity of services necessary to correct said
conditions.
7. Construction Management:
In the event the Owner elects to utilize a Construction Manager, as generally defined,
then the Architect and Engineers shall be entitled to additional compensation normal to
said services, including compensation for multiple bid packages. The value of these
services shall be established between the Architect and the Owner based upon a written
scope of services.
8. Facility Energy Analysis:
The Architect shall so prepare the Construction Documents as to permit the
accomplishment of an energy analysis to be conducted by the Florida Solar Energy
Center. The purpose of the analysis shall be to maximize energy efficient systems,
including insulation, fenestration and similar passive energy applications, to the extent
possible permitted by the project construction budget. The Architect shall be entitled to a
fixed fee as indicated in Exhibit "E".
9. Expansion Capability:
The City intends to provide expansion capability for future need, either by vertical or
horizontal expansion. This mandates increased structural and engineering systems
capability. The magnitude of the expansion shall be established during the Phase I
Spatial Needs Analysis and the Architect shall provide for the capability during the
Phase II Services with a Professional Fee to be established at the completion of Phase 1.
29
.
ATTACHMENT "C"
OTHER CONDITIONS OR SERVICES
Page Three
to. Extended Construction Observation:
The Architect, as noted in Article 2, shall provide construction observation services
during the construction phase. As also noted in this agreement, these services constitute
twenty (20%) percent of the.value of Standard Services. The Construction Documents
will stipulate the period allowed. the General Contractor for construction... The Architect
shall be entitled to Additional Fees ifthe Contractor exceeds this stipulated period, said
fees being a pro-rata monthly fee of the fee allocated for this phase.
30
. I: 1 ATTACHMENT "D"
ARCHITECTS DESIGN GROUP, INC. ~.
Hourly Rales: Effective 6193 through d~Yct "n?f4l . ....
Per hour rates of the Architects, Interior Designers and other personnel are established as
follows:
Principals ...................... .....................................................................................:.... $125 .OO/hr.
Studio Department Principals .................... ..... ..... ...... ............................. ................ $1 OO.OO/hr.
Associates............................................................................................................... $ 72.00/hr.
Designers .. ........ ... ......... ........ .... ....... ... ... ..... ..... ..... ..... .... ........... ...... ....... ....... .... ...... $ 68.00/hr.
Project ArchitectslEngineers ........ ................ ...... ................. ................... ................. $ 65 .OO/hr.
Construction Administrators ................... ................................ ..... ...... ..... ... ............. $ 58.00/hr.
Specification Writer ...... ............................... ..................... .... ............... ................... $ 54.00/hr.
Computer Draftsperson ....... ....................... ................................ ...... ....................... $ 52.00/hr.
Computer Draftsperson 11.............................. ...................... .......... .................... ...... $ 48.00/hr
Computer Supervisor .......... .................... ....... .......... ......... ................. ..................... $ 65 .OO/hr.
Threshold Inspector (Certified) ..................................... .......... ............... ..... ............ $ 74.00/hr.
Construction Observer ....................... ....... .......................... ...... ............ .................. $ 48.00/hr.
Senior Draftsperson... .... ...... ........... ...... .... ........ ..... ...... .......... ............... ................... $ 42.00/hr.
Draftsperson I........ ................ .... ................. ........ .;....... ......................... ....... ... ... ...... $ 37 .OO/hr.
Draftsperson II .................... .......... ..................... ........... .................. ...... ........ ......... ..$ 32.00/hr.
Draftsperson III .............................................................................................. ......... $ 22.00/hr.
Staff (Secretarial) ................................ ........ ............................................................. $ 19 .OO/hr.
Interior Design Principal.. ....................... ............................. ........ ....... .............. ...... $ 65.00/hr.
Interior Design Designer.. ............................. ..................... ............ .......................... $ 44.00/hr.
Interior Design Specification Writer ..~......... ........ ............................ ....... ................ $ 38.00/hr.
Interior Design Draftsperson ........ ........ ......... ..... .......... ........ ............... .................... $ 36.00/hr.
31
.. I! ,
Interior Design Draftsperson II .............................. ..... ........................... .................. $ 28.00/hr.
Graphic Designer.................................................................................................... $ 28.00/hr.
32
. " , A TT ACHMENT "E"
COMPENSATION FOR SERVICES
The Architect, Engineer and associated consultants shall be entitled to professional fees for the
services identified in this agreement as follows:
1. Phase I: Spatial Needs Assessment:
A fixed fee of Five Thousand Four Hundred Dollars and no cents.............. $ 5,400.00
2. Phase II: Standard ArchitecturallEngineering Services:
The professional fee for this phase, related to the proposed.new facility,
shall be based upon the Owner's approved budget and the accepted
Space Needs Program for the Facility and any other facilities that the
City elects to incorporate. The fee is currently based upon a building
construction budget of $1,500,000 (as established by the
Owner) .... ... ........... ...... ...... ...... .... ...... ..... ............ .... ... ....... ......... ... ...... ......... $124,950.00
3. Additional Service Fees: (Exhibit "B")
3.1 Interior Design ........................ ...... ........................ ............ ............ ...... $ 16,000.00
(Based upon a furnishings budget of $125,000)
3.2 Interior Design (Inventory Section 1.1.2 Attachment "B")
A not to exceed fee, when authorized by the Owner ........................... $ 7,200.00* 1
3.3 Civil Engineering Coordination...................... ........ ......... ................... $ 4,320.00
(not to exceed, based upon hourly rates)
3.4 Landscape Architectural Services... ........ ............. ............ ................... $ 5,800.00
(Based upon a construction
budget of $50,000)
3.5 Site Identification/Graphic Design ..................................................... $ 3,500.00
(Based upon a construction
budget of $25,000)
3.6 Cost Estimating Services:..... .......... ......... ....:...... .....,............. ........ ..... $ 3,850.00
3.7' Community Impact Statement.....~.........,............................................ $ 3,000.00
3.8 Permitting Coordination Services ....................................................... $ 3;200.00
3.9 Model of Public Safety Facility........................................................... $ 2,850.00
3.tO Grant Consulting (when authorized by the Owner) ............................ $ 3,200.00*1
A.D.G. 534-93
Revised 4.8.94
Revised 7.21.94
33
, " , A TT ACHMENT "E"
COMPENSATION FOR SERVICES
Page Two
4. Other Conditions or Services: (Exhibit "C")
4.1 Public Presentation .......... ..... ............... .... ............ ................ ............... 2 provided
additional at hourly rate
4.2 Professional Liability Insurance (not to exceed) ................................. $15,493.80
(12.4% of $124,950.00 Base Fee)
4.3 Sales Tax Exemption .............................. .......................... ...... ............ $ 7,875.00
(Based upon an estimated project
savings of $45,000)
4.4 Special Engineering ...... ........... ................................... ........ .......... to be established
if required
4.5 Facility Energy Analysis .........~.. ....... ........... ...... .......................... ....... $ 4,500.00
4.6 Expansion Capability..... ................................ .............................. to be established
if required
5. TotalfFixed Fee............................................................................................ $200,738.80*2
6. Reimbursable Expenses:
See Exhibit "F" ....... ................ .......... ............................. ........ ............. ........ $ 16.885.00
7. Total, Professional Fees (excluding3.2, 3.1 0)............................................. $217,623.80
8. Total, Professional Fees (including 3.2, 3.10 when
authorized by Owner) ......................... ..... ....... ..... .................... .................... $228,023.80
*1 Require written authorization by the Owner.
*2 This Fixed Fee is based upon the Owner established building construction budget of
$1,500,000. Increases in this budget will proportionately increase the fixed fee amounts
for items 2, 3.1, 3.4 3.5, 4.2 and 4.3.
A.D.G. 534-93
Revised 4.8.94
Revised 7.21.94
34
, " ) A TT ACHMENT "F"
REIMBURSABLE EXPENSES
Reimbursable Expenses:
The following is a listing of reimbursable expenses, provided on a not-to-exceed basis. Items
include:
1. Postage............................................................................................ .$ 350.00
2. Long Distance Toll Calls ............... ...................... ........... ...... ........ ....$ 500.00
3. Travel (mileage) .... ..................... .... ...... ............ ......................... ........$ 850.00
4. Reproduction (reports, on-site
Construction Observation Documents, etc.).....................................$ 3,250.00
5. Reproduction (blueprinting of review
documents, submittals to Department of
Corrections, building permitting
Construction Documents. Note: Construction
Documents for General Contractor bidding purposes
are not included.)..... ............... ............. ........ .............. ....... .......... ......$ 6,200.00* 1
6. Electronic Media Plotting.. .......... ......... ......... ......... ................ ....... ...$ 4.200.00
7. Sub-total...........................................................................................$ 15,350.00
8. ' Contingency @ 10% ..... ................... ........... .......... ........ ......... ......... .$ 1.535.00
9. Total, Estimated Reimbursable Expenses................... .......... ............$ 16,885.00
*1 Includes a minimum of 21 sets of documents as follows:
Schematic DesignPhase......................... 3 sets
Design Development Phase.................... 3 sets
Construction Document @ 75%............. 1 set
Construction Documents @ 100% .........2 sets
Agency (D.O. C.) Review........:.............. 3 sets
Permitting.... ................ ........... ....... ......... 3 sets
Total....................................................... 21 sets
A.D.G.534-93
Revised 4.4.94
Revised 7.21.94
35