1980-62 Authorizing the Mayor & Village Clerk to Sign a Contract with Stephan Yeckesr ,~
RESOLUTION N0. 62-80
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, AUTH0RI7.ING AND DIRECTING THE MAYOR AND THE
VILLAGE CLERK TO SIGN A CONTRACT WITH STEPHAN A YECKES, FOR ARCH-
ITECTURAL SERVICES TO BE RENDERED FOR THE CONSTRUCTION OF THE
VALERIE DELACORTE PAVILION.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Mayor and the Village Clerk be and they
are hereby authorized and directed to enter into that certain
Contract between the Village of North Palm Beach, Florida, and
Stephen A. Yeckes, Architect, a copy of which is attached hereto,
marked Exhibit 1, and by reference made a part hereof.
Section 2. The Village Clerk is hereby authorized
and directed to affix the Village Seal to said contract.
Section 3. This Resolution shall take effect immediately
1
upon passage.
PASSED AND ADOPTED THIS 11TH DAY OF DECEMBER, 1980,
1
ATTEST:
l °~~o
Dep i age erl -i~
J
. THE AMERICAN INSTITUTE OF ARCHITECTS
1..
.~'.
AIA Document 6141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMEM HAS 1MPORTAMlEGA! CONSEQUENCES; CONSULTATIONWRH
AN ATTORNEY fS ENCOURAGED WITH RESPECT TO RS COMPLETION OR MODIFIGTION
AGREEMENT
made as of the 22nd day of December in the year of Nineteen
Hundred and_ Eighty .
BETWEEN the Owner: The Village of North Palm Beach
and the Architect: Stephan A. Yeckes
f=or the followirtig Project:
.(include detailed descriptlon o/ Project lontion andscopeJ
The Valerie Delacorte Pavilion - A single structure of approx. 12-15,000 square feet
to contain recreation facilities as programmed by the Village of North Palm Beach,
including but not limited to, a basketball court,.volleyball court, stage, toilet rooms,
kitchenette, storage and maintenance facilities and a small office. The site is located
on Prosperity farms Road and Garden Lane. All of the basic services as defined in this
agreement are included. All required consultant services are also included such as civil,
mechanical, electrical. and structural engineering as well, as landscape architecture
design, and energy code analysis.
The Owner and the Architect agree as set forth below
Cop7riRilt 1917, 1976, 19N, 1911, 1957, 195x, 1%/, 196.7, 1966, 1%7, 1970, 1911, O 197) b1' the Amerlt,n IrotiNte
of Ardtledt, lAf New York Avenue, N.W., W„hinpon, D.C. 70006. Reproduction of dM material hertin of
Wbflanli,l puotalion W in prpvnionf rnlhoW perm„sion OI dle AIA ,iolNea the top7riallt law, d She United
Sole, and will he 1uaiM to leyl pro,eeuoon.
AIA DOCUMEM MM • OWNS R~ARCHITECT AGR[ErAEYi • TNIRT[f NTH [DITION • SUEY 1977 • AIA • O 1977
TNF AMERICAN INSTITUTE 07 ARCHITECTS, 1771 NEW YORK AYFYVE, N.W., WASHINGTON, D.G 7000E lT4T~1977 1
TERMS AND CONDITIONS Of AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICEE•
ARCHITECT'S SERVICES AND RESPONSIBILITIES
RASIC SERVICES
The Architects Basic Services consist of the five
phases described in Paragraphs 1.1 through t.5 and
include normal structural, mechanical and electrical
engineering services and arty other services included
in Article tS u part of Basic Services. -
l.t SCHEAlAT1C D~StGN PHASE
t.t.t The Architect shall review the program furnished
by the Owner ro ascertain the requirements of the Project
and shall review the understanding of wch requirements
with the Owner.
1.12 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other, wbjeil to the limitations set
forth in Subparagraph )2.1.
1.13 The Architect shall review with the Owner altema-
tisr approaches [o design and corstuction of the Project
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Ardtitect shall prepare,
for approval by the Owrfer, Sdtensatic Design Documents
consisting of drtwings and other documents illusiratin;
the snla and relationship of Project onmp[Inenti
1.15 The Ardsited shalt submit b the Owner a Shtr
ment of Probable Constrictor Cost based on current
area, volume w otfser unit cost:
12 DESIGN DEVEEOPaAEttT PHAStE
121 Based on the approved Schematic Design Docu-
ments and any adjustments authorised by the Owner in
the program a Project budget, the Architect shall pre-
pare, for approval by the Owrw, pesign Development
Documents consisting of drawings and other documents
to fix and describe the sire and character of the entire
Project as to architectunt, structural, mechanical and elet-
trical rystems, materials and such other elements as may
be appropriatE.
12.2 The Architect shah submit ro the Owner a further
Satement of Probable Constnxtion Cost
13 CONSTRUC710NDOCUMFNTfittASE
t3./ Based on the approved Design Development Doc-
umenu and any further adjustment in the scope or qual-
ity of the Project or in the Project budget authorised by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Oraw-
in3s and SpecifiUtions sitting forth in detail the require-
ments for the consiruilion of the Project
732 The Architect shall assist the Owner in the prepara-
tion of the necessary bidding information, bidding forms,
the Condition of tlsti Contract, and the tarn of Agree- ,
ment between the Owt+er and the Contractor. t
133 The Architect shall advise the Owner of any adiusa
menu to previous Statements o1 Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.< The Architect shag assist the Owner in connection
with the Ownefs responsibility for filing documents re-
quired for the approval of governmental authorities hav
ing jurisdiction over tM Project
1,4 BIDDING OR NEGOTIATN)N PHASE
1.4.7 The Architect, following the Ownefs approval of
the Construction Documents and of the latest Statement
of Probable Constructiors Cost, shall usist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts (or construction.
is coNSTRUrnoN n+ASE--ADrtwlmunoN
OF THE CONSTRUCTION CONTRACT
15.1 The Construction Phase will commence with the
award of the Contnd forCortstruction arid, together with
the Architects obligation to provide Basic Services under
this Agreement, will temtinate when final payment to.the
Contractor is due, a in the absence of a final Certifinte
for Payment a of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first
/.S2 Unless othenrise provided in thit Agreement and
incorporated in the CaMract Documents, the Architect
shall provide administration of the Contract for Constnsc-
lion u set (ortfi below and in the edition of AIA Docu-
ment A201, General Conditions of the ::ontnd for Cors-
struction, csrrrcnt u of the date of this Agreement
1.53 The Arcfiited shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded tiuough the Architect The Archi-
tect shalt have authoriq to ad on behalf of the Owner
only to the extent provided in the Contract Documents
unless otherwise modified by written instrument in ac-
cordance with Subparagraph 1.5.16. '
1.5.4 The Architect shall, visit the site at intervals ap•
propriate to the stage of mnswction or as 'otherwise
agreed by the Architect in writing to become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contrail Documents, However, the Archi-
tect shill not be required to make exhaustive or con-
tinuous on-site inspections to check the quality or quan-
tity of the Work On the basis of such on-site observa-
tions 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 of the Contractor.
tsS The Architect shag not have control oc charge of
'and shall not be respttnible for construction means,
methods, technique; sequences or procedures, or for
safety preautiorx and programs in connection with the
work, fa the acts a omission of the Contractor, Sub-
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contractors or any other persons performing any of the
Work, or for the failure of any of them to carry out the
work in accordance with the Contract Documents.
1.S.ti The Architect shall at all times have access to the
work wherever it is in preparation or progress.
1.5.7 The Architect shall determine the amounts owing
to the Contractor based on observations at the site and on
evaluations of the Contractors Applications for Payment,
and shall issue Certificates for Payment in such amounts,
as provided in the Contact Documents.
1.5.8 The issuance of a Certificate for Payment shall
constitute a representation by the Architect to the Owner,
based on the Architect's observations at the site as pro-
vided in Subparagraph 7.5.4 and on the data comprising
the Contactors Application for Payment, that the Work
has progressed to the point indicated; that, to the best of
the Archi tea's knowledge, information and belief, the qual-
ity of the Work is in accordance with the Contract Docu-
ments (subject to an evaluation of the Work for cors-
formance with the Contact Documents upon Substantial
Completion, to the results of any subsequent tests re-
quired by or performed under the Contrail Documents,
to minor deviations from the Contact Documents cor-
rectable prior to completion, and to any spedfic qualifica-
tions stated in the Certificate for Payment); and that the
Contactor is entitled to payment in the amount certified.
However, the iuuance of a Certificate for Payment shay
not be a representation that the Arc7iiteil Flan made arty
examination to ascertain how and for whit purpose the
Contnilor has used the moneys paid on account of the
Contact Sum.
15.3 The Architect shall .be the interpreter of the re-
quirements of the Contract Documents and the judge of
the performance thereunder by bolts the Owner acct
Contractor. The Architect shalt render interpretations nec-
essary for the proper execution or progress of the Work
with reasonable promptness on written requesCoF either
the Owner or the Contactor, and shall render written de-
cisions, within a reasonable time, on all claims, disputes
and other matters in question between the Owner and the
Contractor relating to the execution or progress of the
Work or the interpretation of the Contract Documents.
15.10 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in written or
graphic form. In the capacity of interpreter and judge,
the Architect shall endeavor to secure faithful perform-
ance by both the Owner and the Contractor, shall not
show partiality to either, and shall not be liable for the
result of any interpretation or decision rendered in goal
faith in such capacity.
15.11 The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent of
the Contact Documents. The Architects decisions on
any other claims, disputes or other'Taiters, including
those in question between the Owner and the Contactor,
shall be subject to arbitration as provided in this Agree•
meat and in the Contact ODCVments.
15.13 The Architect shall have authority ro reject Work
which does not conform to eha Contract Documents.
Whenever, in the Architect's reasonable opinion, it is
necessary oradvisable /or theimplementation of the intent
of the Contract Documents, the Architect will have author•
ity to require special inspection or testing of the Work in
accordance with the provisions of the Contract Docu-
ments, whether or not s6cn Work be then fabricated, in-
stalled or completed.
15.13 The Architect shall review and approve or take
other appropriate action upon the Con[actofs submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the '
Work'and with the information given in tha Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap-
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
15.14 The Architect shall prepare Change Orden for
the Owners approval and execution in accordance with
the Contract Documents, and shall have authority to order
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 Contact
Documents.
1Sa5 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owners review written warranties and related documents
required by the Contract Documents and azsembled by
the Contactor, and shall awe a final Certificate for Pay-
ment _ .. - ~... -
15.16 The extent o[ the duties, responsibilities and lien-
itations of authority of the Architect as the Owners rep-
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con-
tactor and the Architect-
1.6 PRO-[{T REPRFSENTATION BEYOND EASIC SERVICES
tb.t If the Owner and Architect agree that more ex-
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, em-
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed be-
tween the Owner and the Architect az set forth in an ex-
hibit appended to this Agreement, which shall describe
the duties, responsibilitiesand Ifmitatio~s of authority of
such Project Representatives .
1.63 Through the observations by wch Project Repre-
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project representa-
tion shall not modify the rights, responsibilities or obliga-
tions of the Architect as described in Paragraph 1.5.
1.7 ADOITIONAI SERVICES
The folltnving Services are not included In Baste
Servicd unless so identified in Article 15. They shalt
be provided if authorized or confirmed in writing by
the Owner, and they shall be paid for by the CMmer
as provided in this Agreement' in addition to the
compensation for Basic Services
4 1141-1977 ~ AtA DOCUMENT our • OWNER~ARf711TECT AGREEMENT • THIRTffNTN EDITION • IUEY 1417 • AIA~ • ~ 797)
iN! AM[RICAN INSTITLTE Oi ARGHIfECfs, 1715 NfW YORK AVENUa, N.W., WASHINGTON, D.C 7000E
1J.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project
1.7.2 Providing financial feasibility or other. special
studies.
1.7.3 Prov~ding planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis-
sions required for approvals of governmental authorities
or others having jurisdiction over the Project-
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be con-
structed during the Construction Phase.
1.75 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur-
nished by the Owner.
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner
1.7J Providing coordination of Wor1c performed by
'separate contactors or by the Owners own forces_
1J.0 Providing sevfces in connection with the work of
a construction manager or separate conwltanb retained
by the Owner.
17.9 Providing Detailed Estimates of Conswction Cosy
analyses of owning and operating costs, or detailed gtun-
tity surveys or invenrories of material, equipment and
labor.
1.7.10 Providing interior design and other similar ser-
vices required for or in connection wide the selections
procurement or installation of furniture, furnishings and
related equipment
1J.11 Providing services for planning tenant or rental
spaces-
7.7.12 Making revisions in Drawings, Specifications ar
other documents when such revisions arc inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such doc-
uments or are due to other rouses not solely within the
control of the Architect
1.7.13 Preparing Drawings, Specifiotions and supporting
data and providing other services in connection with
Change Orden to the extent that the adjustment in the
Basic Compensation resulting tram the adjusted Con-
struction Cost is not commensurate with dle services ra
quired of the Architect, provided such Change prders are
required by rouses not solely within the control of the
Architect
1.7-.14 Making investigations, surveys, valwtions, inven-
tories or detailed appraisals of existing faalities, and serv-
ices required in connection with construction performed
by the Owner.
SJ.15 Providing consultation concerning replacement of
arryr Work damaged by fire or other muse during Enr--
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default
of the Contractor, or by major defects or deficiencies in
the Work of the Contractor, or by failure of performance
of either the Owner or Contactor under the Contract for
Construction,
1.7.17 Preparing a set of reproducible record drawings
showing signifiant changes in the Work made during
construction based on marked-up prinb, drawings and
other data furnished by the Contactor to the Architect
1.7.18 Providing extensive assistance in the utilization of
any equipment or system such as initial start-up or testing,
adjusting and balancing, preparation of operation and
maintenance manuals, training personnel for operation
and maintenance, and coElwltation during operation.
1.7.19 Providing servioes afterisiuance to the Owner of
the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work
1.7.20 Preparing to serve a serving as an expert witnett
in connection with any public hearing, arbitration pro-
reeding or legal proceeding.
1.7.27 Providing services of conwlhnb for other than
the normal architectural, strt9ctunl, rrlechaninl and elec-
trical engineering services for the Projeete~ .
1.7.22 Providing arty odler services not otherwise in-'
eluded in this Agreement a not customarily furnished in
accordance with generally accepted archjtecturaJ practice.
1.b TUNE
1.B.1 The Architect steal{ perfom- Basic and Additions!
Services as expeditiofuly u is consistent vrith professional
skill and care and the orderly progress of the Work Upon
request of the Owner, the Architect shall submit for the
Owners approval a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall include allowances for peri-
ods of time required for the Ownefs review and approval
of submissions and for approvals of authorities having
jurisdiction over the Project This schedule, when approved
by the Owner, shall not' except for reasonable cause, be
exceeded by the Architect
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The-Owner shall provide full information regarding
requirements for th1E Project including a program, which
shall set forth the Owners design objectives, constraints
and criteria, including space requirements and relation-
ships, flexibility and expandability, spedal equipment and
systems and site requirements -
22 If th. Owner provides a budget for the Pr^;ect it
shall inc!u.;t contingencies for bidding, changes .n 'the
Work during construction, and other costs whlrh are the
:'responsibility of the Owtter, ir9cfuding those described in
'~ this Article 2 and in Subparagnpfr 3.1.2. Tha Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project' and thei-source.
AIA DOCUIM[NT tltl ~ OWNER-ARCN1IER AGREEMENT - rNlliEfNTN EDITION ~ tUET 1977 ~ AIAa ~ m 1977
iNE AMERICA71 INSTITUTE or AROIITERt, 1713 NEW YORK Av[NUE, N.W., WATNINGTON, D.G axos 6141-1977 S
23 'The Owner shall designate, when necessary, a rep-
resentative authorized to act in the Owne(s behalf with
respect to the Project The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable decay in the progress of
the Architect's services.
2,4 The Owner shall fumish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin-
ing property; rightsof-way, restrictions, easements, en-
croachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete
data pertaining to existing buildings, other improvements
and trees; and full information concerning available serv-
ice and utility lines both public and private, above and
below grade, including inverts and depths.
25 The Owner shall fumish the services of soil engi-
neers or other consultants when such services are deemed
necessary by the Architect Such services shall include test
borings, test pits, soil bearing values, percolation tests, air
and water pollution tests, ground corrosion and resistivity
tests, including necessary operations for determining sub-
soil, air and water conditions, with reports and appropri-
ate professional recommendations.
26 The Owner shall fumish structural, mechanial,
chemial and other laboratory tests, inspection and re-
ports as required by law w the Contract Documents,
2J The Owner shall fumish all legal, accounting and in-
surance counseling service as may be necessary at airy
Gmr for the Project, inducting such auditing services as
the Owner may require to verily the Contractols Applica-
tions for Payment or to ascertain how or for what pur-
poses the Contractor uses the moneys paid by or on be-
half of the Owner.
2~ The services, information, surveys and reports re-
quired by Paragraphs 2.4 through 2.7 indusive shall be
furnished at the Owne(s expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.9 If the Owner obxrves or otherwise becomes aware
of any fault or defect in the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be givenrby the Owner to the Architect
210 The Owner shall fumish required information and
services and shall render approvals and decisions as ex-
peditiously as necessary for the ordedy progress of the
ArchitecCS services and of the Work
ARTICLE 3
CONSTRUCTION COST
3.1 DEfINIT10N
3.1.1 The Construction Cost shall b~ the total cost or
estimated cost to the Owner of all elegy„-,.s of the Project
designed or specified by the Architect
3,1,2 Thy Construction Cost shal{ inducts at current
market rates, including a reasonable allowance for over
head and profit, the cost of labor and materials furnished
by the Owner and arty equipment which has been do-
signed, specified, selected or specially provided for by
the Architect.
3.1.3 Construction Cost does not include the compen-
sation of the Architect and the Architect's consultants,
the cost of the land, rights-of-wayyor other costs which
are the responsibility of the Owner as provided in Arti-
cle 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the Ownef: Project budget, State-
menu of Probable 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 indus-
try. I[ is recognized, however, that neither the Architect
nor the Owner has control over the cost of labor, mate-
rials or equipment, over the Contncto(s methods of de-
termining 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 Project budget
proposed, established or approved by the Owner, if any,
or from any Statement of Probable Construction Cost or
other host estimate or evaluation prepared by the Archi-
tect
3.2.2 No fixed limit of Construction Cost shall be estab-
lished as a condition of this Agrcemmt by the furnishing,
proposal or establishment of a Project budget under Sum
paragraph 1.7.2 or Paragraph 2.2 or otherwise, unless such
fixed limit has been agreed upon in writing and signed by
the parties hereto..lf wch a faed limit has been estab-
lished, the Architect shall be permitted to include con-
tingencies for design, bidding and price escalation, to de-
termine what materials, equipment component systems
and types of construction are to be included in the Con-
tract Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract Docu-
ments altematebids [o adjust the Construction Cost to the
fixed limit Any such fixed limit shall be increased in the
amount of arty increase in the Contrail Sum occurring
after executionof the Contact for Construction:
3.23 If the Bidding or Negotiation Phase has not com-
menced within three months after the Architect submits
the Construction Documents to the Owner, any Project
budget or fixed .limit of Construction Cost shall be ad-
justed to reflect any change in the general level of prices
in the construction industry between the date of submis-
sion of the Construction Documents b the Owner and
the date on which proposals are sought
3.2.1 If a Project budget or fined limit of Construction
Cost (adjusted as provided in Subparognph 3.2.31 is ex-
ceeded by the lowest bona fide bid or negotiated pro-
posal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize rebidding or re-
negotiating of the Project within a reasonable time, (3) if
the Project is abandoned, terminate in accordance with
Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction
Cost In the case of (4), provideda fixed limit of Construe-
. Tion Cost has been eshblished u a condition of this Agree•
' meat the Architect, without additional charge, shall mod.
ify the Drawings and Specifications as necessary to comply
e ns1.19n T [ ~ lIMCAN NS71NrE Of AROI Tf Cfs,`I rlf MfW ORK AVENUE,OIN W„ •WASHINCTON, AD.Ga:000E
with the fixed limit. The providing of such unite shall be
the limit of the Architect's responsibility arising tram the
establishment of such fixed limit, and having done so, the
ArcFiteil shall be entitled to compensation for zll urvices
performed, in accordance with this Agreement, whether
or not the Construction Phau is commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined u the direct sal-
aries of all the Architects personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contriby~lions and benefits related thereto, wch
• u employment ta7Tes and other statutory employee beno-
fits, insurance, sick leave, holidays, vacations, ,pensions
and similar contributions and benefits.
ARTICLE S
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition ro the Com-
pensation for Buic and Additional Services and include
actual expenditures made by the Architeil and the Archi-
tects employees and consultants in the interest of the..
Project for the expenses listed in the fdkTwing Sub••=
paragraphs:
5.1.1 Expense of tnnspoitation in connection with the
Project; living expenses in connection with outof-town
tr'welJ long distance mmmunialions, and fees paid for _:
securing approval of authorities having jurisdiction over
the Project
5.12 Expenu of reproductioro, postage and handling of.
Drawings, Specifirations and other document; excluding.
reproductions for the office use of the ArclEitect and the ~.
Architects consultants.
5.1.3 Expense of data processing and phorognphie pro-
duction techniques when used in correction with Addi-
tional Services.
5.1.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
5.15 Expenu of renderings, models and mock-ups re-
quested by the Owner.
5.1.6 Expenu of any additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally nrried by the
Architect and the Architects consultants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 MYMtMS ON ACCOUNT Of ttASlt St1VtC6
6.1.1 A~ initial payment as ut forth in Pangnph 14.1 is
the min:.-.~~.n payment under this Agreement
6.12 Subsequent payments for Basic Services steal! bft-==
made monthly and shall be in proportion ro urvices per ,
formed within each Phau of unites, on the basis ut
forth in Article 14. '
6.1.3 If and to the extent that the Contrail Time initially
established in the Contact for Construction is exceeded
or extended througfi no fault of the Architect, compensa-
tion for any Basic Services required for such extended
period of Administration of the Construction Contrail
shall be computed as ut forth in Paragraph 14.4 for Addi-
tional5ervices.
6.1.4 When compensation is based on a percentage of
Construction Cost, and arty portions of the Project arc
deleted or otherwise not constructed, compensatibn.for
such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
with the schedule set forth in Subparagraph 14.2.2, based
on It) the lowest bona fide bid or negotiated proposal or,
(21 if no such bid or proposal is received, the most recent
Statement of Probable Construction Cost or Detailed Esti-
mate of Conswction Cost for such portions of the Project
62 PAYMENTS ON ACCOUNT OP
ADDITIONAL SERVICE
621 Payments on acrnunt of the Architect's Additional
Services as defined in Pangnph 1.7 and for Reimbursable
Expenses as defined in Article S shall be made monthly.
upon presentation of the Architects statement of services
rendered or'expemes incurred
63 PAYMENTS 1VITHFt13II .. - .
6.tt. No deduct'lons shall be made from the Architects-
compensation on account of penalty, liquidated damage
or other sums withheld from payntentsto,contractors, on
on acmunt of the cost of changes in tha Work other than -
those for. which the Architect is hdd legally liable.... .
6.4 PROJECT OR TEttAYNAT1046.::~Y ir,: :: ~ s't
6.4.1 If the Project is wspended or abandoned in whole
or in part for more than three months, the Architect shalt
be compensated for alt services performed prior to receipt .
of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then•
due and al{ Termination Expenses u defined in Pangnph
10.4. If the Projeil is rewmed after being suspended for
more than three months,. the Architect's compensation
shall be equitably adjusted ,
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Zl Records of Reimbursable Expenus and expenses per-
taining to Additional Services and services performed on
the basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Ownets authorized representative at mutually convenient
times.
ARTICLE 8 '
OWNERSHIP AND USE OF DOCUMENTS
tl.1 Drawings and Specifications as instrume: . of urv-
, ice are and shall remain the property of the. Architect
whether the Project fo- which they are madt is executed,
or not. The Owner shall be permitted to retain copies, in-
cluding reproducible copies, of Drawings and Specifica-
tions for information and reference in connection with the
Ownels use and occupancy of the Project. The Drawings
and Specifications shall not be used by the Owner on
NA DOCUMENT nest • OWNER•ARCNIr[CT ALREEMf~i • iNiRr(ENTM EDITION • IUIY 1977 • AIA~ • m 197)
M[ AMERICAN INfTITVl[ Of ARCNIT[CTS. 1: )f N[W 1'OR[ AVENUt, N.W., WAWIYGTON, D.C 7000a 8141.1977 7
other p'roiects,7or additions to this Project, or for comply
tiort of this Project by other provided the Architect is not
.n default under this Agreement, a:ceps by agreement in
wrung and with approprute compenutwn to the Archi-
:ect.
s.2 Submisswn or distnbution to meet oi(iciat regubtory
regwrements or for other purposes in connection with the
Project is not to be construed as publication in derogation
of the ArchitecCS right,'.
ARTICLE 9
10.4 Termination Fatpernes include expenses directly at-
tnbutable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total flask and Additional Compenu-
aon earned to the time of termination, as follows:
.1 20 percent iF termination occurs goring the Sche-
matic Oesign Phase; or
2 to percent if terminanon occur during the Design
Development Pharr, or
3 S percent if termimtion occurs Burins arty subse-
quent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
DELETED
11.1 Unless otherwise specified;, this Agreement shall be
governed by the law of tlse peincipal ptau of business of
the Architect
112 Terms in this Agreement shall have the same mean-
ing as those in AlA Document A201, Cenenl Conditions
of the Contrail for Constructlony tstrrent as of the date
of this Agreement
113 As between tlse parties to this Agreement: u to alt
acts or failures to act by tither party to this Agreement'
arty applicable sntute of Titnitatlorss shaA commence to
run and any alleged ntee o1 acSou slnU be deemed to
have acwed in arty and elf event not titer than tfte rele-
vant Date d Substantial Canpletlon d the Work, and as
to arty acts or failures to art occutrirta after the relevant
Date of Subsnntiat CompleWq, not later gran the date t>f
iswartu of the firul Certifiup far Payment.
11.4 The Owner and the Arcldtect waive alJ rights
against each other and apirat the oontrxtors; consult-
ants, agents and employees of the othn for damages cow
erect by ariy Property irtsttaartce Burin; oonsUUr:tiort u sat
forth in the edition of AlA Doamau A201, General Con-
ditions, current as of dse date of this Agreement The
Owner and the ArchiteQ eac11 shall requiro appropriate
similar waiver from tlteit contractor, conwlbnb and
agents.
ARTICIE 12
SUCCESSORS AND ASSIGNS
ARTICLE /0
TERMINATION Of AGREEMENT
141 This Agreement may be terminated by either patty
upon seven days' written notice should the other party
fail substantially to perform in accordance with ib terms
through no fault of the puty initiating the termination.
10.2 Thif Agreement may be terminated by tM Owner
upon at lent scut day{ written rwece to .~ Ardtitect
in the event that th. r'r~ject is perttsantntly abandoned
10.1 In the event d termination not tM fault d dse M
rJsitect' the Architad shag tie compersated for as strvias
Performed to Gemination date, togttNcr with Reinsbtrrs-
able Expenses then due and aU Termination Expenses as
defined in Pangnph 10.4.
121 The Owner. and the Architect' respectively, bind
themselves, their partner. wctxssor, usigns and legab
representatives to the other party to this Agreement and
to the partner, successor, assigns and legal repreunta-
tives of such other pang with respeu to all covenants of
this Agreement Neither the Owner trot the Architect shall
assign, sublet a transfer arty interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
ll.l This Agreementreprescnbthtentinandintegnted
agreement betweds the Owner and the Architect and
wpersedes all prior negtatiatlorsst represertbtlons nr agttte-
m'enb, either written err oraiL Thb Agreement may b~
amended only by written instrumett signed by both -
Owna and ArchiteQ,
• M41-1977 rsrt AWtIGW rnaRlnri~lhOf AaaOrrrlC77,e,rri Mlw rOQ AYOIU~ M.•w~pntiG Ors.AO.G e.~a
ARTICLE t!
BASIS OF COMPENSATION
The Owner shall compensate :he Architect for the Scope of Services provided, in accordance wilt Ardde 6, Payments
to the Architect, and the other terms and Conditions d this Agreement, u follows:
u.t AN INITIAL PAYMENToF~ Seven Thousand. Five Hundred dotlarad7,500.04
shall be snide upon eaecutian of this Agreement and crested to the Ownelf aocarK as follows:
1~2 BASIC COMPENSATION
1121 FOR BASIC SERVICES, as desaibed in PangnpM 1.1 tfirough 1S, and any other savicu included in Artld~ 1S
as part of gait Services, gait Compenution shall be computed u fellows:
tN«. r~,,.r twr, d ~o.~W+o+ t W aTawea ~d•s o, wR«vaa anI d•+ir Iaa,r r •srs rr+•~ ..Neel d cwrow•-
A fixed total fee of Fifty-One Thousand Dollars ($51,000) to be paid
monthly in proportion to services rendered as defined by percentages
shown in 14.2.2 below.,.. ,. _
_, .
- ..
l1.it Where compensation'is based on a Stipulated Sum or Percentage of Construction Cost; payments fpr. Basic
Services shall be made u provided in Subparagraph 6.1.2, so that Basic Compenutlon for each Phase shall
eQual the following percentages of the total gait Compensation payable:
t~a„a..~r .aaw~ri rh,w .. ,ppgrrra
e
Schematic Design Phax:
Design Development Phasr.
Construction Documents Phau:
Bidding or Negotiation Phase:
Construction Phase:
` r.- 1
Fifteen P~rcenef 15%)
Twenty-Five percent(P5 %)
Thirty-five percent( 35 %)
Five percenet 5 %)
Twenty, percent t 20 %)
lU FOR PROIECf REPRESENTATION gEYONO BASIC SERVICES, u described In isitagraph T.ti, Compensation shah
be computed separately in accoeda+xe wide Subparagraph 1.ti.E
.I
•'~
u.s tsocyw,txr nn . ow„[e.,uair[cT ~cats+ua • ifamtvn, [otrW.r . n.~s nn ..w• . e rvs h{t-1977 f
', nH ,u.[ucw u,ST1iUTt Or raO•r[C7r. VD MNr rOttt ~vtwt. !lw., wALw.GTOr4 n.G alma
t1.t COMPENSATION FOR ADDITIONAL SERVICES
11.1,1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as dtscribed in Paragraph 1.7, and arty other services in-
cluded in Articls 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
Nere ,mM 6are W roTpenra4ow, iridu6p raiee anNor nwh,ples o/ O,re<t Ierwnnel t.penw roc ln„ripalr ,ed employeer, and i0rn~~ry Yr~n<,p.l,
and dur.lr employee4 ~! reQuired 1Mrrtir ipeahc rervicel ro ..hid paati[>rlar merhoda al campenr:riow apply, i/ neMSary.)
Sixty Dollars ($60) per hour principal time
Thirty Dollars ($30) per hour employee time
11,1,2 FOR ADDITIONAL SERVICES Of CONSULTANTS, including additional structuraF; ~medtanio{ and electriol
engineering services and those provided under Subparagraph 11.21 or identified in Amide 15 as part of Addi-
tionalServius,amuldpkoE One Point Five ( 1.5 - I times the amounts billed
to the ArdTited for such suvices,
nJ.or; y tneclk ryes d aaruWrane in A,Ed. rr. il.apwM r
tIS FOR REIMBURSABLE EXPENSES, as d~~ssccnrtbed in Article S, and any other ite included in Ardcfe 15' as Reim-
bursableE><pensa,amultipleof Une Point Five l 1•~ ) times the amounts ex-
pended by the Architect, the Architects employees and consultants in the interest of the Project.
t1.i Payments clue the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of
business of the Architect 1i% per month •
rNere imen a,ry .an a :nrereu w..e was-l
'UWrY call •~ /ltfY~MIM1(/ l~ !af rfdf,lt rN~ N IeM'wa Atr, NT,/Y Hale Y14 r041 (p111,TA Oe61 raWr Yid Of/NI IfaYll4dfl a( d~
Or.nelr an! Arthintrl pliMipar prKtl d twrioen, Jae rotaliow d Ne Iroien and Nrewheet rear alraa tM •alidiry d UiT p,vrniM. fpec~lk rrrrl
aO.ke ,hoard M oMaiwd with reyen ro deleriow. nwA7rar,ow, a other .pu,.nmm~ wd u wnrten diulororn a wairm )
11J The Owner and the A7CIIitKt agree in accordance with the Terms and Conditions of this Agreement that:
11.7.1 If THE SCOPE of the Project or of the Architect's Services is changed materially, ~: amc,.rw of compensatlo
shall be equiably adjusted.
1V2 If THE SERVICES covered by this Agreement hm not.been completed within '
Q~ months o/ the date hertrol, tfirough no fault of the Architect, the amounb d compensation, rates and
multiples set forth herein shall be equitably adjusted.
AIA OOCVar(MT M • Ow~(R~ARCNirtR AWEEMfSr • MirtfENiN EOIi1pN • WlT r9r7 • AIA~ • D 1977
10 h/1-I177 rMr AME 4CAN I.~STIrL rE O/ AIlCNrt(RT. 1771 hEW T04x AV(N11r, N.W., WAyrINGTOM, O.C 71700
ARTICLE 15
OTHER CONDITIONS OR SERYICES
1.5.1 - Architect agrees to conform to a set budget of $600,000
for costs of building and fixtures, if overall size and
scope of building is in line with Architect's "Statement
of Probable Construction Cost" as defined in Article 1.1.5
of this agreement. Such conformation shall include changing
construction documents and specifications, as well as the
rebidding of such revised documents in order that set budget
is not exceeded, all at the Architect's expense.
.~y:
AIA 6DCLMLM fill . OwMf I~AlCn17f C7 ACIL(M(VT. TMllilL•TN EDITION. lu(t »n . AIAI, ~ If77
iN( AMLRICAN IMfTITU i( OL AICNITlCIf, 17]1 MEW toll lY(W (. NW, WASNIMGTOV, O.C. 1U001 {t~1-1977 ~~
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This Agreement entered into as of the day and year first written abo~
C
OWNER ~ ARCHITECT
The Village of North Palm Beach Stephan A.
BY-G! ~~~pS `~ D. BY_
MAYOR
~,
~~
., ~
"' ~ :!
12 sT~'t-1977 MA OONMEM MA • OWYEl~ARCNITER ACREf.wENT • TNIRTFENTN FOITIOn • IUI~ 1977 • nIAR' • ~D 74f7
TN! AMERICAN INSTITy IF O! AR(]II TECTS. IT]f NEW TORK AYE.YIIl, N.W., WASNIN(,TON, D.G U0.7!
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