05/30/1990 Agreement
_annp 1.. Itolf)age
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. 4305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305~ 294-4841
M E M 0 RAN DUM
BRANCa OFFICE
P.O. BOX 379
. PLANTATION KEY, FLORIDA 33070
TEL. f306) 862-9253
To:
Peter Horton, Director
Division of Community Services
From:
Rosalie L. Connolly, Deputy Clerk
Date:
June 12, 1990
On May 30, 1990, the Board of County Commissioners approved and
authorized execution of an Agreement in the amount of $5,200.00
with Dennis Beebe, Architect, concerning expansion of the Key
West International Airport Manager's Office.
Attached is one duplicate original and one copy of the subject
Agreement, now fully-executed and sealed by all parties. The
duplicate original should be sent to your architect and the copy
kept in your proper departmental records.
a
Attachments
CC: County Attorney R. Ludacer
County Administrator T. Brown
Finance Director T. Medina
File
T "H E
AMERICAN
INS TIT UTE
o F
ARCHITECTS
.
AlA DocUme1lt B151
Abbreviated Form of Agreement
Between Owner and Architect
for Construction Projects of Limited Scope
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO I7S COMPLETION OR MODIFICA TION.
AGREEMENT
nlade as of the 30
Nineteen Hundred and NINETY
day of
MAY
in the year of
BETWEEN the Owner:
(Nanle atld address)
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
500 WHITEHEAD STREET
KEY WEST', FLORIDA 33040
:..?: ~ -r,
C) -
r-
-" . :-'1
....,
L -~
c::
h.
~
U ~'1
~ ")
0 .:)
'~J
-....J -.......
and the Arcllitect:
(Name and address)
DENNIS A. BEEBE, ARCHITECT P.A.
444 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
(305) 296-8885
For tile following Project:
(1llcltlde detailed descriptio" of Project, locatioll, add,-ess alld scotJe.)
For the addition to the airport ma~ager's office at the Key West International Airport,
3490 South Roosevelt Blvd, Key West, Florida
Tile Owner and Architect agree as set forth below.
Copyright 1974, 1978, @ 1987 by The Atnerican 'nstitute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006.
Reproduction of the material herein or substantial quot.ation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will be subject to legal prosecution.
AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AlA. . @ 1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASUINGTON, D.C. 20006
8151-1987 1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBiliTIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and Architect's
consultants as 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 expedi-
tiously as is consistent with professional skill and care and the
orderly progress of the Work.
1.1.3 The services covered by this Agreement are subject to
the time Umitations 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
un9cr the three phases indentified below, any other services
identified in Article 12, and include normal structural, mechani-
cal and electrical engineering services.
2.2 DESIGN PHASE
2.2.1 The Architect shall review ",'ith the ()\\'ncr alternative
approaches to design and construction of the Project.
2.2.2 Based on the nlutually agreed-upon progranl, schedule
and construction budget requirenlents, the Architect shall
prepare, for approval by the Owner, Design [Jocunlents con-
sisting of drawings and other documents appropriate for the
Project, and shall submit to the Owner a prelinlinary estimate of
Construction Cost.
2.3 CONSTRUCTION DOCUMENTS PHASE
2.3.1 Based on the approved Design Docunlents, the Architect,
shall prepare, for approval hy the Owner, Construction [Jocu-
Inents consisting of Drawings and Specifications setting forth in
detail the requirements for the construction of the Projcct and
shall advise the Owner of any adjustments to previous
preliminary estinlates of Construction Cost.
2.3.2 The Architect shall assist the O",'ner in connection ",'ith
the ()wner's responsibility for filing dOCUI11ents required for
the approval of governnlental authorities having jurisdiction
over the Project.
2.3.3 Unless provided in Article 12, the Architect, following
the ()\\'ner's approval of the Construction [)oculllcnts and of
the latest prelirninary estirnate of Construction Cost, shall ;Issist
the Owner in ohtaining bids or negotiated proposals ;lnd assist
in awarding and preparing contracts for construction.
2.4 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.4.1 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
at the earlier of issuance to the Owner of the final Certificate for
Payment or 60 days after the date of Substantia) Completion of
the Work, unless extended under the terms of Subparagraph
10.2.3.
2.4.2 The Architect shall provide administration of the Con-
tract for Construction as set forth below and in the edition of
AlA Docunlent A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement.
2.4.3 Duties, responsibilities and limitations of authority of the
Architcct shall not be restricted, modified or extended without
written agreenlent of the Owner and Architect with consent 9f
the Contractor, which consent shall not be unreasonably
withheld.
2.4.4 The Architect shall be a representative of and shall advise
and consult with the Owner (1) during construction until final
paynlent to the Contractor is due and (2) as an Additional Ser-
vice at the Owner's direction from time to time during the cor-
rection period described in the Contract for Construction.
2.4.5 The Architect shall visit the site at intervals appropriate
to the stage of construction or as otherwise agreed by the
()\,\'ner and Architect in writing to become generally familiar
\vith the progress and quality of the Work completed and to
detertllinc in general if the Work is being performed In a man-
ner indicating that the Work when completed will be in accor-
dance with the Contract Documents. Ilowever, the Architect
shall not he required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. On
t he 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. (Afore extellsilJe site
"l1J,.esellfatioll 111 a)' IJe agreell to as an Additional Serl';ce, as
described in l'aragrajJh 3.2.)
2.4.8 The Architect shall not have control over or charge of
3nd shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solcly the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the
Contr~lctor'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, Suhcontractors, or their ~gents or enlployees, or of
any other persons performing portions of the Work.
2.4.7 The Architect shall at all times have access to the Work
",'herever it is in preparation or progress.
2.4.8 Based on the Architect's observations and evaluations of
the Contractor's Applications for PaYfnent, the Architect shall
review and certify the arnounts due the Contractor.
2.4.9 The Architect's certification for payrnent shall constitute
a representation to the ()wner, b~sed on the Architect's obser-
vations at the site as provided in Subparagraph 2.4.5 and on the
AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCHITECT AGREEMENT. TfllRD EDITION. AlA. . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8151-1987 2
data comprising the Contractorts Application for Paytnent, that
the Work has progressed to the point indicated and that, to the
best of the Architect's knowledge, information and belief,
q~ality of the Work is in accordance with the Contract Docu-
ments. 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, tech-
niques, sequences or procedures, (3) reviewed copies of requi-
sitions received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the Contrac-
tor's right to payment or (4) ascertained how or for what pur-
pose the Contractor has used money previously paid on
account of the Contract Sum.
2.4.10 The Architect shall have authority to reject Work which
does not conform to the Contract Documents and will have
authority to require additional inspection or testing of the
Work whenever, in the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent of
the Contract Documents.
2.4.11 The Architect shall review and approve or take other
appropriate action upon Contractor'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 expressed in the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause no delay. The Architect's approval of a
specific item shall not indicate approval of an assembly of
which the item is a component. When professional certification
of performance characteristics of materials, systenls or equip-
ment is required by the Contract Documents, the Architect
shall be entitled to rely upon such certification to establish that
the materials, systems or equiplnent will meet the performance
criteria required by the Contract Documents.
2.4.12 The Architect shall prepare Change Orders and Con-
Struction Change Directives, with supporting documentation
and data if authorized or confirmed in writing by the Owner as
provided in Paragraphs 3.1 and 3.3, for the Ownerts approval
and execution in accordance with the Contract Documents,
and may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the intent of the Contract
Documents.
2.4.13 The Architect shall conduct inspections to deternline
the dates of Substantial Completion and final completion and
shall issue a fmal Certificate for Payment.
2.4.14 The Architect shall interpret and decide matters con-
cerning 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
\vithin any thne limits agreed upon. When making such inter-
pretations 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.
ARTICLE 3
ADDITIONAL SERVICES
3.1 Additional Services shall be provided if authorized or con-
frrmed in writing by the Owner or if included in Article 12, and .
they shall be paid for by the Owner as provided in this Agree-
ment. Such Additional Services shall include, in addition to
those described in Paragraphs 3.2 and 3.3, budget analysis,
financial feasibility studies; planning surveys, environmental
studies, measured drawings of existing conditions, coordina-
tion of separate contractors or independent consultants, coor-
dination of construction or project managers, detailed Con-
struction Cost estimates, quantity surveys, interior design, plan-
ning of tenant or rental spaces, inventories of materials or
equipment, preparation of record drawings, and any other ser-
vices not otherwise included In this Agreement under Basic Ser-
vices or not customarily furnished in accordance with generally
accepted architectural practice.
3.2 If tnore extensive representation at the site than is
described in Subparagraph 2.4.5 is required, such additional
project representation shall be provided and paid for as set
forth in Articles 11 and 12.
3.3 As an Additional Service in connection with Change
Orders and Construction Change Directives, the Architect shall
prepare Drawings, Specifications and other documentation and
data, evaluate Contractor's proposals, and provide any other
services made necessary by such Change Orders and Construc-
tion Change Directives.
ARTICLE 4
OWNER'S RESPONSIBiliTIES
4.1 The Owner shall provide full information, including a pro-
gram which shall set forth the Owner's objectives, schedule,
constraints, budget with reasonable contingencies, and criteria.
4.2 The Owner shall furnish surveys describing physical char-
acteristics, legal linlitations and utility locations for the site of
the Project, a written legal description of the site and the ser-
vices of geotechnical engineers or other consultants when such
services are requested by the Architect.
4.3 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.
4.4 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 by the Owner.
4.5 The foregoing services, inforn13tion, surveys and reports
shall he furnished at the owner's expense, and the Architect
shall be entitled to rely upon the accuracy and COlnpleteness
thereof.
4.6 Prolnpt written notice shall be given by the Owner to the
Architect if the Owner beconles aware of any fault or defect in
the Project or nonconformance with the Contract Documents.
4.7 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
suhtnitted to the Architect for review and approval at least 14
days prior to execution.
3 8151-1987
AlA DOCUMENT 8151 . ABBRF.VIATED OWNER-ARCHITECT AGREEMENT. THIRD EDITION. AlAS · @1987
TlfE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 l"he Construction Cost shan be the total cost or esti-
mated cost to the Owner of aU 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
for by the Architect, plus a reasonable allowance for the C(lt1-
tractor's overhead and profit. In addition, a reasonable allow-
ance for contingencies shall be included for market conditione;
at the time of bidding and for changes in the Work during
construction.
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants, the costs of the land,
rights-of-way, financing or other costs which are the respon-
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 It is recognized that neither the Architect nor the Owner
has control over the cost of lahor, materials or equipment, over
the Contractor's methods of detennining bid prices, or over
competitive bidding, market or negotiating conditions. Accord-
ingly, the Architect cannot and does not warrant or represent
that bids or negotiated prices will not vary fronl any estinlate of
Construction Cost or evaluation prepared or agreed to by the
Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget, unless a fixed limit has been
agreed upon in writing and signed by the parties hereto. Fixed
Hnlits, 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 Any Project budget or fixed IiJnit of Construction Cost
may 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.
5.2.4 If a fixed linlit of Construction Cost is exceeded hy the
lowest, bona fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonahle titne;
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
.4 coop'erate in revising the Project scope and qualit y ~t<;
required to reduce the Construction Cost.
5.2.4 If the Owner chooses to proceed under Clause 5.2.4.4,
the Architect, without addition~d charge, shall nlodify the Con-
tract Documents as necessary to comply with the fixed Unlit, if
established as a condition of this Agreement. The nlodification
of Contract Documents shan be the lirnit of the Architect's
responsibility arising out of the establishment of a fixed limit.
The Architect shall he entitled to compens~ltion in accordance
with this Agreement for all services perfonned whether or not
the Construction Phase is cOlnmenced.
ARTICLE 8
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
8.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are Instruments of the
Architect's service for use solely with respect to this Project,
and the Architect shall be deemed the author of these docu-
nlents and shall retain all common law, statutory and other
reserved rights, including the copyright. The Owner shall be
permitte" to retain copies, including reproducible copies, of
the Architect's Drawings, Specifications and other documents
for information and reference in connection with the Owner's
use and occupancy of the Project. The Architect's Drawings,
Specifications or other documents shall not be used by the
Owner or others on other projects, for additions to this Project
or for completion of this Project by others, unless the Architect
is adjudged to be in default under this Agreement, except by
agreement in writing and with appropriate compensation to the
Architect.
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 deroga-
tion of the Architect's reserved rights.
ARTICLE 7
ARBITRATION
7 · 1 Clabns, disputes or other matters in question between the
parties to this Agreenlent arising out of or relating to this Agree-
nlen t or breach thereof shall be subject to and decided by arbi-
tration in accordance with the Construction Industry Arbitra-
tion Rules of the Anlerican Arbitration Association currently In
' effect unless the parties mutually agree otherwise. No arbitra-
tion arising out of or relating to this Agreement shall Include, by
consolidation, joinder or in any other manner, an additional
person or entity not a party to this Agreement, except by writ-
tcn consent containing a specific reference to this Agreement
signed by the Owner, Architect, and any other person or entity
sought to be Joined. Consent to arbitration involving an addi-
tional person or entity shall not constitute consent to arbitra-
tion of any claim, dispute or other matter in question not
descrihed in the written consent. The foregoing agreement to
arhitrate and other agreements to arbitrate with an additional
person or entity duly consented to by the parties to this Agree-
ment shall be specifically enforceable in accordance with appli-
cahle law in any court having jurisdiction thereof.
7.2 In no event shall the demand for arbitration be made after
the date when institution of legal or equitable proceedings
hased on such claim, dispute or other matter in question would
be barred by the applicable statutes of limitations.
7.3 The award rendered hy the arbitrator or arbitrators shall be
final, and judgment may be entered upon it In accordance with
applicable law in any court having Jurisdiction thereof.
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreenlcnt may be terminated ,by either party upon
not less than seven days' written notice should the other party
AlA DOCUMENT 8151 · ABBREVIATED OWNER-ARCIIITECT AGREEMENT. TIIIRD EDITION. AlA- . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1731) NEW YORK AVENUE, N.\V., WASIIINGTON, D.C. 2(K)o6
B151-1987 4
fail substantially to perform in accordance with the ternlS of this
Agreement through no fault of the party initiating the ter-
mination.
8~ If the Project is suspended by the Owner for more than 30
consecutive days, the Architect shall be compensated for ser-
vices performed prior to notice of such suspension. When the
Project is resumed, the Architect's compensation shall be equit-
ably adjusted to provide for expenses incurred in the interrup-
tion and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect in the
event that the Project is pernlanently 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 paynlent when due the Archi-
tect for services and expenses, the Architect 111ay, upon seven
days' written notice to the Owner, suspend performance of ser-
vices under this Agreement. Unless payment in f~1I is received
by the Architect within seven days of the date of the notice, the
suspension shall 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 ternlination not the fault of the Architt:ct,
the Architect shall be conlpensated for services perfoflncd prior
to termination, together with Reimbursable Expenses then due
and all Termination Expenses.
8.7 Termination Expenses are in addition to cornpensation for.
Basic and Additional Services, and include expenses which are
directly attributable to termination.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreernent shall be gov-
crned by the law of the principal place of business of the
Architect.
9.2 Terms in this Agreenlent shall have the satlle nleaning as
those in AlA Document A201, General Conditions of the Con-
tract for Construction, current as of the date of this Agreenlen~.
9.3 Causes of action bct\veen the parties to this Agreelllcnt
pertaining to acts or failures to act shall he decnlcd to have
accrued and the applicable statutes of Ihnitations Sh~lll conl-
1l1CnCe to run not later than either the date of Suhstantial COlll-
plction for acts or failures to act occurring prior to Suhstantia.l
COlnpletion, or the date of issuance of the final Certificate for
Paynlcnt for acts or failures to act occurring after Substantial
COlnpletion.
9.4 The Owner and Architect waive all rights against each
other and against the contractors, consultants, agents and
erllployees of the other for damages, but only to the extent
covered by property insurance during construction, except
such rights as they nlay have to the proccc~s of such insurance
as set forth in the edition of AlA Document 1\20 I , General Con-
ditions of the Contract for Construction, current as of the date
of this Agreement. The Owner and Architect each shall require
similar waivers from their contractors, consultants and agents.
9.5 The Owner and Architect, respectively, bind thenlselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreenlent and to the partners, suc-
cessors, assigns and legal representatives of such other party
with respect to all covenants of this Agreement. Neither Owner
nor Architect shall assign this Agreement without the written
consent of the other.
9.6 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representations or agreements, either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contrac-
tual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
9.8 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.
ARTICLE 10
PAYMENTS TO THE 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 con-
tributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and silnilar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Rehnbursable Expenses include expenses incurred by
the Architect in the interest of the Project for:
.1 expense of transportation and living expenses in con-
nection with out -of-town travel authorized by the
()wner;
.2 1< lng-distance conlnlunications;
.3 fces paid for securing approval of authorities having
jurisdiction over the Project;
.4 reproductions;
.5 postage and handling of lJrawings and Specifications;
.6 expcnse of overtirlle \vork requiring higher than regu-
lar rates, if authorized by the Owner;
.7 renderings and Illodels requested by the Owner;
.8 expense of additional insurance coverage or lilnits,
including professional liability insurance, requested
hy the Owner in excess of that normally carried by
the Architect and Architect's consultants; and
.9 expense of cornputer-aided design and drafting equip-
nlent tinle when used in c<lnnection with the Project.
5 815'1-1987
AlA DOCUMENT 8151 . ABBREVIATED OWNER-ARCHITECT AGREEMENT. TtllRU EDITION. AlA- · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 173'; NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in prolx>rtion to ser-
vices performed within each phase of service.
10.3.3 If and to the extent that the tirne initially estahlished in
Suhparagraph 11.5. t of this Agreement is exceeded or ex-
tended through no fault of the Architect, compensation for any
services rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Con-
struction 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 per-
formed on those portions, in accordance with the schedule set
forth in Subparagraph t t .2.2, based on (I) the lowest bona fide
hid or negotiated proposal, or (2) If no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por.
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES AND REIMBURSABLE EXPENSES
10.4.1 Payments on account of the Architect's Additional Ser-
vices and for Reimbursable Expenses shall be made monthly
upon. presentation of the Architect's statement of services
rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of sums withheld from payments to
contractors.
ARTICLE 11
--
BASIS OF COMPENSATION
,p
:~~: O:::~:::IA:):;::~eTt:: A~';;;ec~I~~~;:~~~ SetHI II~tI8R[D LtJlIKlb l' ]) 7SA AS ~~~ to
shall he 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, Basic
Compensation shall he computed as follows:
(/1l.4iert M(O;S of c(}mpensati01l, ;"dud;"R stiplllated Slims, mlllli/,Ies ("-/J('rn.,lI11ge( anll idc"t!Il'I}b{L~(~ to wbitb particular metbods of CO"'/Jf.'1L~ati(}1l apIJ~)', if 1Iec.:essary.)
Fixed fee of Five Thousand Two Hundred Dollars ($5,200.00) Plus reimbursable expenses
see Arcticle 10.2.1. unless supplied by Owner to Architect.
11.2.2 Where compensation is hased on a stipulated SUI11 or percentage of Construction Cost, progress payments for Basic Services
in each phac;e shall total the following percentages of the total B~lc;ic COfnpensation payahle:
(Insert (ulditi,mal pbCl.~es as a/,/,,,o/,r;ate.)
Design Phase:
Cc)nstruction Documents Phase:
C( )nstruction Phase:
$1,300.00
3,380.00
520.00
percent ( 25%)
percent ( 65%)
percent ( 1 o ex) )
T()tal Basic Compensation:
$5,200.00
---------~-------~----------, '.--- .------.---.--.-------
one hundred percent (100%)
AlA DOCUMENT 8151 · AnURF.VIATED OWNER-ARCfIlTECT AGREEMENT. TIIIRD EDITION. AlAe. @19R7
TffF. AMERICAN INSTITUTE OF ARCHITECTS, 173c; NF.W YORK AVF.NllF.. N.W., WASHINGTON, D.C. 20U()6
B151-1987 6
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be
computed as follows:
Principal Architect
Project MaDager
Draftsperson
Secretary
$110.00/Hr
60.00/Hr
45.00/Hr
28.00/Hr
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall
be computed as follows:
(ItlSert basis oj compensation. illcluding rates ami/or mu/liph'.' oj Direct Per.<mmet F.:</Jense Jor Principals and employees. atld identify Principals and classifl'
employees. if required. IdentiJy specific serr'ices to uNcb partiCIIlar metbods oj com/JeIl,alioll apply. if necessary'.) . .
Principal Architect
Project Manager
Draftsperson
Secretary
$110.00/Hr
60.00/Hr
45.00/Hr
28.00/Hr
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering ser-
vices and those provided under Article 3 or identilled ill Article 12 as part of Additional Services, a multiple of One & One Ha 1 f
( 1. 5 ) times the amounts billed to the Architect for such services.
(Identify specific types of consultants in Article 12. if required.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSAllLE E~P~N~E.s, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable
Expenses, a multiple of Une & ha If ( 1. 5 ) 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 TIlE BASIC SERVICES covered by this Agreement have not been completed within Two
( 2) 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 Fi fteen days from the date of the Architect's invoice. Amounts
unpaid Th i rty days after invoice date shall bear interest from the date payment is due 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.
(Insert any rate of interest asreed upo".)
1.5% Monthly
(Usury laws and requirements under the Federal Trutb in Lending AeI, similar slate and local consumer credit laws and otber regulations at the owner's and A rcbl.
tect's principal places oj business, the localion oj the Project and elsewhere mtJ)' affect the validity of tbis pWloislon. specific lesal advice sbould be obtalrred with
respect to deletions or modifications, and also regarding reqlllrements socb as wrillen disclosures or waivers.)
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.
AlA DOCUMENT 8111 . ABBREVIATED OWNER-ARCHITECT AGREEMENT · THIRD EDtTION · AlA. · @ 1987
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8151.1187 7
ARTIa.E 12
OTHER CONDITIONS OR SERVICES
_(lnSl'rt descri/Jlioll.'i oJ otb('r .'ien'ke.'i. ide"'ify AdC/itio"al S(lrt'in's i"d,uled ,,,;,,,,,, Iltl..'iic (;om/H'PI.'ialio" a"tI mOllijktllio".'i 10 '''e /}(I)"'I('''' a"d com/)f!"..;tllifm tf'n".'i
i"cluded i" Ibis ARreeme",.)
12.1 Owner to supply Architect with plans of existinQ structure or Architect will
develope liAs built" for an addition fee.
,.
12.2 The Architect shall indemnify and hold ha~ess the owner from
and against all claims, damages, losses, and expenses due to any
negligent act, error, or omission of the Architect arising out.
of the performance of, or failure to perform professional services,
provided such liability if solely caused by the wrongful act of
the Architect.
Al'MOVED AS TO FORM
AND LEGAL SUFFICIENCY.
8Y~~~O~
Attorn8-l~$ Office
This Agreement entered into as of the day and year first written above.
(SEALPANNY L. KOLHAGE, Clerk
~~/~ARCHITECT ~
. .' \~
Clerk (Signature)
c:7'J(/ ~N
,.. r ~ 1:1
. ,~,~ ~
(Signature)
John Stormon_t
Mayor/Chairman
(Printed name and title)
A.
4/-z~/~o
Dennis A. Beebe. President.
(Printed name and title)
AlA DOCUMENT 1111 · A88REVlA TED OWNER-ARCHITECT AGREEMENT · TIIIRD EDITION · AlA. · @ 1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHiNGTON, D.C. 20006
1151-1887 8'
(. ,
. · S\\'ORN STATEMENT UNDER SECTIOf' 287.133(3)(a),
'. ~ · FltQRIDJ\ STATUTE.~. O~ PUBUC ENTIn' CRIMES
.. ' lIDS FORM MUST BE SlGNED IN THE PRESENCE OF. A NOTARY PUBUC OR OTHER OmCER.
AUTHORIZED TO ADMINISTER OAms.
1. This sworn statement is submitted with BU. PI r-~ or Contract No. ~A~H ~I 1'110
for Exf"A.r-.i);) A/~f?~'- 'P/f:~J?;~ tS>~/CE..
This sworn statem~t is submitted by _DENN 6 A. ~. Af!G1-I1 r&::1; 1:" A.
- [name of entity submitting swom statement] .
whose business address is ~H ~ 1-lc.-A.12 7T:
2.
and
(if applicable) its Federal Employer Identification N~ber (FEIN) is ~ - Z 5" ~~ 'Z IS".
. ,
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
3.
My name is_'P~J..IMI~ A.. ~&::.
[please print Dame of Individual signing]
f"e.~~ I pe,...,-r
and my relationship to the
entity named above is
4. I understand that a .public entity crime. as defined in Paragraph 287. 133 (1) (g) , Florida StatqteJ,
means a violation of any state or. federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, . including, but not limited to, any bid or contract for gOOds or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that .convicted" or .conviction" as defined in Paragraph 287.133(1)(b), F10rida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial coun of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
~}( Neither the entity submitting this swom statement, nor any officers, directors, execulives~ ..
'Pifriilers, shareholders, employees, members,- or agents who are active in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime -
subsequent to July 1, 1989.
(
i
_ The entity 'submitting this swom statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, or. an affiliate of the entity has ~ c;harged with and convicted of a pub\ic entity crime
subsequent to July 1~ 1989, AN12. [please indlcate which 8ddltlonal statement applles.]
_ There has been a proceeding concerning the conviction before a hearing. officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officerdld not place the person or affiliate on the convicted vendor list. [please
attach a copy or the I1nal o~er.l
_ The person or affiliate was placed on the convicted vendor list. There has been a
. s~bsequent. proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted. vendor list.
[please attach a copy of the nnal order.]
_ The person or affiliate has not been placed on the convicted vendor list. [please
describe any action taken by or pendlngwith the Department or ~eral SerYices
[signature]
Date: 'hA. '1 ~~ ,crt:! b
STATE OF fl..e~ l P A.
COUNTY OF ~oN eoE..-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being swom by me, affixed his/her signature
[name or individual signing]
in the space provided above on this
10
day of ~ 19~.
~uS6~
My commission expires:
NoWY PubIO
SIIdI of FlorIda at ....
My eommlsSlOn expr.:
......., M. ,...
For::1 PUR 7068 (Rev. 11189)