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Resolution 236-1983 RESOLUTION NO. 236; _1983 RESOLUTION APPROVING CONTRACT IN REFERENCE TO THE JAIL BETWEEN MONROE COUNTY, POST, BUCKLEY, SCHUH & JERNIGAN, INC. , WOLFBERG ALVAREZ TARACIDO ASSOCI- ATION, AND CHARLES. McCOY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that that certain contract approved by the County Commission on August 10 , 1983 , shall be properly executed and entered into by and between the Mayor and Clerk of this Commission. Said contract is that certain contract approved that day which entailed the professional services to be rendered by the contracting parties to Monroe County for the addition to the Monroe County Jail and was in the sum of One Hundred Thousand Dollars ($100 ,000. 00) . Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 10th day of August , A.D. 1983. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA By WY Mayor/Chairman (Seal) At, IETIE9 Clerk APPRO° D AS TO FORM AN E AL SUFF! 'r k By Attorney's Office 1-A-4t ° AMERICAN INSTITUTE OF ARCHITE� THE 111112111, 611111/4 yJ ntl I;,, AIA Document B141 Standard ,Form,; of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH • AN ATTORNEY IS ENCOURAGED,WITH RESPECT TO ITS COMPLETION OR MODIFICATION • I \ AGREEMENT • . made as of the Fifth . day of • Au ust in the year of Nineteen Hundred and Eighty-three. BETWEEN the Owner: The Board of County Commissioners of Monroe County Florida • • and the Architect: Post, Buckley, Schuh & Jernigan Inc. , with Wolfberg, Alvarez, Taracido .Ass.ociates and Charles McCoy Associates as professional . consultants. For the following Project: , (Include detailed,description of Project location and scope.) It is the Owners objective to prepare Construction Documents, consisting of working drawings, specifications .andlbid documents, for (1 ) a forty bed moderate-security addition including ancillary facilities (i .e. , booking, medical and recreation areas) to the' existing jail at Jackson Square, Key West, Florida and (2) the renovation of the jail annex! on Stock, Island, Key West, Florida to provide an additional fifteen bed minimum- , security dormitory, all pursuant to' Board of 'County Commissioners motion passed July 22, 1983.: The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1%1, 1963;1966, 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or • substantial quotation of its provisions without permission of the ALA violates the copyright laws of the United States and will be subject to legal prosecution. ALA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA'8 • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTSi 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 e—% ,.•{41.�:.f..6w+v'''''' .a,r,— -r'.r••. :t 'I I' ." . .,, ,ry .1".1- r.-. .:1 --,' •ill:—'7Itt1;D1 rY^Ip'::I•:a:.'.T:t,,Aa .0 .•. - ..•1• • r .a ,,'"'-'-'... ,.._...`'''• I .* Monroe County JIIIIIpvernftlent Facilities Planning Study :dated Jt, 83. a TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT I I . { ARTICLE 1 ' i ' :;j merits to previous Statements of Probable Construction Cost indicated by changes in requirements• or general ARCHITECT'S SERVICES AN RESPONSIBILITIES i, market conditions. BASIC SERVICES. '-; - I .I. 1.3.4 The Architect shall assist the Owner in connection - The Architect's Basic Services 'consist of the five ;.`:;. with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and ; quired for the approval of governmental authorities hav- - include 'normal structural, mechanical and electrical !rig jurisdiction over the Project. engineering services and any other services included. 1.4 I BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. I i - . 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE •�.', `• , 1 the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program?'furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of'the Project ! obtaining bids xiXrx me,S0l4xDeXIX;pxotismse ax and assist in and shall review the understanding of such requirements. awarding and preparing contracts for construction. with the Owner.... • . 'I 1.5 CONSTRUCTION PHASE—ADMINISTRATION -1.1.2 . .i (0111i t) i., ! OF THE CONSTRUCTION CONTRACT ' : - 1.5.1 The Construction Phase will commence with the ,,, • I • I ' award of the Contract for Construction and, together with ,I .' the Architect's obligation to provide Basic Services under 1,1.3 (Omit) I I this !Agreement, will terminate when final payment to the . I _ •- Contractor is due, or in the absence of a final Certificate • 1.1.4 • BasedI on the mutually agreed upon program and : for payment or of such due date, sixty days after the Date '.: Project budget requirements, theIArchitect shall prepare, 1 of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents 1 first ; consisting of drawings and other documents ;illustrating ' . 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project.components. , incorporated in the Contract Documents, the Architect 1.1.5 (Onit;l. shall; provide administration of the Contract for Construc- tion las set forth below and in the ed4titE10 xiX/AtA c x ' 1 �,X X 2XDI General Conditions of the Contract for Con- y ! .'I: struction, current as of the date of this Agreement. 1 2. DESIGN DEVELOPMENT PHASE I• , 1.5.3 The Architect shall be a representative of the 1.2.1 Based,on the approved Schematic Design Docu- ;_I. Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in" ' 'and consult with the Owner. Instructions to the Contrac- the program 1 or Project budget, the Architect, shall pre- tor shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect Ishall have authority to act on behalf of the Owner Documents consisting of drawings and other documents.j `- only' to the extent provided in the Contract Documents - to fix and describe the size andcharacter of' the entire 1 unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- '` -cordance with Subparagraph 1.5.16. - ''trical systems, materials and such' other elements as may ,',:: .. • i 1.5.4, The Architect shall visit the site at intervals ap- be appropriate. .' I , I propnate to the stage of construction or as otherwise ;:1.2.2 ,The Architect shall submitlto the Owner.a further-l., agreed by the Architect in writing to become generally Statement of Probable Construction Cost familiar with the progress and quality of the Work and to 1,3 CONSTRUCTION DOCUMENTSPHASE ! determine in general if the Work is proceeding in accord- I ance, with the Contract Documents. However, the Archi- 1.3.1 Based ion the approved Design'Development Doc- tect !shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- ` tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by'I' city of the Work. On the basis of such on-site observa- - - the Owner, the Architect shall prepare, for approval by- tions' as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defec#s and merits for the construction of the! Project. deficiencies in the Work of the Contractor. 1 - 1.3.2 The Architect shall assist the Owner in the prepara- 1 5.5' The Architect shall not have control or charge of ,.tion of the necessary bidding information, bidding forms, and :shall not be responsible' for constr ction means, the Conditions of the Contract, and the form{..,of Agree- methods; techniques, sequences or procedures, or for ment between the Owner and theiContractor. I_ safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- I I , MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT ® THIRTEENTH EDITION • JULY 1977 • AIA'S+ • ©1977 . .- • ' THE AMERICAN'INSTITUTE.OF•ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 B141-1977 2 • cgritractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to reauire special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- Workstalled or completed. 1.5.7 The Architect shall determine' the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents, and shall have authority to order ity of the'Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment ments (subject to an evaluation of,the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final corn- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. .Owner's review written warranties and related documents - However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issued final Certificate for Pay- examination to ascertain how and for what purpose the ment. I Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. . itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations net- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable'promptness on written request of either '1.6.1 If. the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authorit'of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in; matters relating to in the Work, but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1_7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 5. They shall ment and in the Contract DocumentsI be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, .in the Architect's reasonable opinion, it is compensation for Basic Services. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA3 • p 1977 3 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 I ! '' ----*`='-"Travel 'outside Monroe and Dade Counties ' (i.e::; 'coordination meetings, if- required,- with - • State and/or Fe agencies in ,Tallahassee, Atlanta, Washingtor�. , et.c. ) at the • Owner's request. • ** Monroe County Jail/Government Facilities Planning 'Study. ' -1.7.1 Providing analyses of the Owner's needs, and pro- ' struction, and furnishing services as may be required in gramniing the requirements of the Project. i connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. I of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- '• of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective • Construction. • sites, and preparing special surveys, studies and submis- sions required for approvals of governmental!authorities 1.7.17 Preparing a set of reproducible record drawings 1 or others having jurisdiction over the Project. : showing significant changes in the Work made during construction based on marked-up prints, drawings and . 1.7.4 Providing services relative to future facilities, sys-' . other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- - 1.7.18 Providing extensive assistance in the utilization of strutted during the Construction Phase. I I , any equipment or system such as initial start-up or testing, 1.7.5 , Providing services to investigate existing'conditions ' adjusting and balancing, preparation of operaVIon and . or facilities or to make measured' drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during oper tion. nished by the Owner. I ' r 1.7.19 Providing services after issuance to the/Owner of 1.7.6 Preparing documents of alternate, separate or ' the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. • I , I in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. • separate contractors or by the Owner's own forces. '• 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of ,- ' the normal architectural, structural, mechanical and elec- . a construction manager or-separate consultants retained ' tricalIi engineering services for the Project. b• y the Owner. I I • 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with,generally accepted architectural practice. * tity surveys or inventories of material; equipment and 1 See above labor. 1.8 T TIME 1.8.1 The Architect shall perform Basic and Additional 1.7:10 ' Providing interior design and other similar ser- •\ Services as expeditiously as is consistent with professional vices required for or in connection!with the selection,•) skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. , ; I 1 , 1 • Owner's approval a schedule for the performance of the • 1.7.11 ; Providing services for planning tenant or rental . Architect's services which shall be adjusted as required as spaces. ' - ., ' I , the Project proceeds,and shall include allowances for peri- 1.7.12 Making revisions in Drawings, Specifications or : ods of time required for the Owner's review and approval of submissions and for approvals of authorities having other documents when such revisions are inconsistent with written approvals or instructions previously given, . jurisdiction over the Project.This schedule,when approved are required'by the enactment or revision of codes, laws the Owner, shall not, except for reasonable cause, be . exb exceeded by the Architect. • or'regulations subsequent to the preparation of such doc- ,I uments or are due to other causes not solelylwithin the control of the Architect. I 1 ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting • ' •THE OWNER'S RESPONSIBILITIES data and providing other services in connection with , ' - Change Orders to the extent that the adjustment in the 2.1 :The Owner shall provide full information regarding Basic Compensation resulting from ; the adjusted Con-.' requirements for th'e Project including a program,*$vhich struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided'such Change'Orders are • '' and criteria, including space requirements and relation- , required by!causes not solely within the control of the . ships,' flexibility and expandability, special equipment and , Architect. 1 • ! I systems and site requirements. 1 2.2 bbailkl WARM;pxocvQ1;51119(AxICco*txbox>afaxXJrIi1 cXA 1.7.14 , Making investigations, surveys, valuations, inven- . .. tories or detailed appraisals of existing facilities, and sere- • sb4860dwicXXRWkWV)60txkU156M00xAkIARWxkNAIA ices required in connection with construction'performed xu�aiex xbcvgxaxvstrttacxocxaexiotklexxxXl:1166klxxx001= • by the Owner. NANNKsit ixAmfobex MexXktckx#awX bce XXJtm kkX • ' ! 0)0004442 xixiAkx.kp oogca CRAX)t The Owner shall, 1.7.15 Providing consultation concerning replacement of ;, at the request of the Architect, provide a statement of • any Work damaged by fire or other cause during con- funds available for the Project, and their source. • AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JUL(1977 • AIA& • ©1977 THE AMERICAN, INSTITUTE OF ARCHITECTS, 1735 NEW YORK•AVENUE, N.W., WAS,HINGTON, D.C. 20006 B141-1977 4 I , . , I 1 • -...`x-d 'S''-''. q.:C'.'''•'' .7..I!..- .''' _ •'i„r • _ _' •'. ...L. .0 1- • -„ .1a1 r,,-1w._ty. I' , _. _ .- .._...-...•..._ ... I I I 1 I *;. The Owner shall-ish to the Architect As-Built drawings of billille existin courthouse annex at Jackson Square and the ;Stock Island Jail- Annex. 7 • 1 - 1 i •2.3 The Owner shall designate, When:necessary, a rep- signed,, specified, selected or specially provided for by . resentative authorized to act in the Owner's behalf with , the Architect. respect to the Project. The Owner or such authorized : 3.1.3 (Construction Cost does not include the compen- representative'shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions,pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the prl gress of are the responsibility of the Owner as provided •in Arti- 1 the Architect's(services. 'cle 2. 2.4 The Owner shall furnish a legal description and a giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST certified land( surveyof the site, PP grades and lines of streets, alleys, pavements and adjoin- 3,2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- , ments I of 'Probable Construction Cost and Detailed croachments, 'zoning, deed restrictions, boundaries and. Estimates of Construction Cost, if any, prepared by the '.contours of the site; locations, dimensions and complete .. I Architect, represent the Architect's best judgment as a data pertaining to existing buildings*other improvements design]professional familiar with the construction indus- and trees; and full information concerning available serv- ' , try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and " nor the Owner has control over the cost of labor, mate- below grade, including inverts andidepths. I ' rials or equipment, over the Contractor's methods of de- 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market .neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget • and water pollution tests, ground corrosion and',resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- .ate professional recommendations.) l tect. 2.6 The Owner shall furnish structural, mechanical, .'' 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and; other laboratory tests, inspections and re- ,. ,. lished'as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 1 • paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such 2.7 The Owner shall furnish all legal, accounting and in- . , fixed limit has been agreed upon in writing and signed by surance counseling services as may be•necessary at any the parties hereto. If such a fixed limit has been estab- • time for the Project, including such auditing services as lished,. the Architect shall be permitted to include con- the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de- tions for Payment or to ascertain1how or for what pur- ' termine what materials, equipment, component systems poses the Contractor uses the motleys:paid by or on be- , . `'and types of construction are to be included in the Con- • half of the Owner. I I '' tract Documents, to make reasonable adjustments in the 1 2.8 The services, information, surveys and reports re- .scope;of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense,)and the Architect shall ' • fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy, and completeness , amount of any increase in the Contract Sum occurring thereof. ' . I . .1 ' , after execution of the Contract for Construction. • .2.9 If the Owner observes or otherwise becomes aware 3.2.3 I'' If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance : menced within three months after the Architect submits with the Contract Documents, prompt written notice I, , the Construction Documents to the Owner, any Project thereof shalybe given by the OvvIner'to the Architect. `I budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and • justed to reflect any change in the general level of prices services and(shall render approvals and decisions'as ex- in the construction industry between the date of submis- ' ' peditiously a,s necessary for the orderly progress of the lion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 I If a Project budget or fixed limit of Construction . ARTICLE 3 Cost '(adjusted as provided in Subparagraph 3.2.3) is ex- I ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCT{ON COST posal; the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- 3.1 DEFINITION , negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or ! j the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the.Project C Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. , scope and quality as required to reduce the Construction 3.7.2 The Construction Cost shall 'include at current Cost.'In the case of (4), pr ovided a fixed limit of Construc- market rates; including a reasonable 'allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment. the Architect, without additional charge, shall mod- , by the Owner and any equipment which has been,de- I, ify the Drawings and Specifications as necessary to comply I . MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT ! THIRTEENTH EDITION • JULY 1977 • AIA® • ®1977 5 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW'YORK AVENUE, N.W., WASHINGTON, D.C. 20006 (Outside Monroe and Dade"County) . -- . ** The Architect sh ov.ide the Owner with twenty (20) copies of ngs,specifications ant bid documents. uctions in excess of the above will be consl as reimbursable • expenses 'and the Architect shall be compensated as set forth in paragraph 14.4.1 . with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services ••shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 (Omit) - F. ARTICLE 4 ' DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- • aries of all the Architect's personnel engaged on the Proj- • ect, and the portion of the cost of their mandatory and I customary contributions and benefits related thereto, such ' • as employment taxes and other statutory employee bene- • . fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly REIMBURSABLE EXPENSES upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Corn- rendered or expenses incurred. - pensation for Basic and Additional Services and include 6.3 PAYMENTS WITHHELD actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in' the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in iconnection with the on account of the cost of changes in the Work other than or which the Architect is held legally liable. Project; living expenses in connection with out-of-town those f, travel*long distance communications; and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 ,f the Project is suspended or abandoned ill whole the Project. I or in part for more than three months, the Archit ct shall 5.1.2 Expense of reproductions, postage and handling of .be compensated for all services performed prior tp receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. ** due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. 1 I I shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of ARTICLE 7 overtime work requiring higher than regular ratesi • 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. j 7.1 Records of Reimbursable Expenses and expenses per- 5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on limits, including professional liability insurance, requested the basis of a Multiple of Direct Personnel Expense shall by the Owner in a vess of that normally carried by the be kept on the basis of generally accepted accounting Architect and the Architect's consultants. I principles and shall be available to the Owner or the • Owner's authorized representative at mutually convenient ARTICLE 6 I times. I PAYMENTS TO THE ARCHITECT ARTICLE 8 6,1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 (Omit) 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services,, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article'14. [ions for information and reference in connection with the 6.1.3 If and to the extent that the contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT B111 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIM, • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 6 I , - "1, , . _-. - _. Lr; '(t•. ' . _ _. - other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- 'tion of'this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and rith appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory 1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the 1 matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or 1 :3 5 percent if termination occurs during any subse- , i quent phase. ARTICLE 9 . ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question; MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or 11.1 Unless otherwise specified, this Agreement shall be relating to this Agreement or the breach thereof, shall be governed by the law of Monroe County. decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra-' , tion Association then obtaining unless the parties mutu- 11.2 (Omit) • ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall irfclude, by consolidation, joinder or in any other manner, any additional person not . a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person pot named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment_ parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in \ ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction ac>x the American Arbitration Association. The demand shall XIInhA1)dXMAKK lMU MAMIDKI1S0ltItWmX IXOKxWAkf;rKwic be made within a reasonable time after the claim, dispute -. X#{tid14%X&IXISIXDOIX AXltitaKX-11XeDVIXXISIXKflcgrr74kot► IK•The . or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on . _ agents. such claim, dispute or other matter in question would be • barred by the applicable statute of limitations. . ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, SUCCESSORS AND ASSIGNS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, 9ssigns and legal representatives to the other party to this Agreement and ARTICLE 110 to the partners, successors, assigns and ,legal representa- TERMINATION OF; AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. , fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated ' 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT 6141 • owNER•ARCHITECr AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIA3 • Q 1977 7 8141-1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 I . • ARTICLE 14 • BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 (Omit) • • • • • • • 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation, including riled amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, if necessary.) A lump sum of one hundred thousand dollars ($100,000.00) . • • • • • 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional,Phases as appropriate) • � • Schematic Design Phase: percent (15 %) Design Development Phase: percent (20 %) Construction Documents Phase: percent (40 %) Bidding or Negotiation Phase: • percent ( 5 %) Construction Phase: percent (20 %) f t•. • • 14.3 FOR-PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. 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O CD ?w �1 fD 3 --, -'O O n a \• = a �• J CD CD a (D -'• -" p • 3 c p2 n o to -'= < = -5 0.rF CT J. ro D � o �d � • j �n 0-CD �' 0.=• n N N rF (D S N CD n O-- • rp = S n ?y 3 CD n �. C Cn fD 'S n •5 = rD n• `^ w " ya fD A c+ 0. a 0. -5 �. N -o �• 0 fD - '•n - =^,© p' n_ n CD fD c+ fD a O ' -<< c+ rF „o., j •a CL = m n't. >>4'i' X 3 << = 0- << ' .. 0 n c•F fD . - N CD • , . N • . • ARTICLE 15 OTHER CONDITIONS OR SERVICES • 15.1 The Architect will assist the Owner, in coordination of the project' s review by the Old Island Restoration Commission (OIRC) in the City of Key West. 1 ' I • • • • • MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAS • 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 10 e 1:.1- r '-.=;_uU- ,.._.9,. •.a .�-__.«._ :.r:it.1'..::A'•117•1. .•' L J:' -_ .'.....+... ._ ..-,.:•.s Mt.-4-:',. s:_.�N!tv'!S�' N - .;.-':1;.:4 - ... .':�. ... �. " T .:I::='.I a d'�:'_fe S :. .'7i=w._ a.� . .1 ._ - _.. • � i it : •; d ;y i •I iI I I I . I I i . 'r I 1 I j : N • • ; ' V 1 f This Agreement entered into as of the day and year first written above. i ; I ,/ OWNER j ARCHITECT • Post, Buckley h & Jernigan, Inc. MONROE COUNTY, ;FLORIDA y Flor1 Homestead e We , A k.o_ 1 BY i1V Q, 0` BY• Kobe, t uccaro, for Associate JERRY HERNANDEZ,. J . , MAYOR MONROE .COUNTY, FLA. • AIA DOCUMENT • OWNER-ARCH ITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA'S • ©1977 1 11-' B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 I